Understanding Labor Law: Rights, Regulations, and Hierarchy
Right: The Set of Legal Rules
Right: The set of legal rules. In complement, it entails a penalty.
The Public Authorities
The public authorities: The creation, implementation, and monitoring of legislation relate to the public authorities.
- Legislative: The Congress of Deputies and the Senate legislative assemblies are responsible for drafting and approving laws.
- Executive: Applying the laws enacted by the legislative power is the responsibility of government ministries and bodies of the autonomous communities.
Employment Contracts: Types, Requirements, and Duration
What is an Employment Contract?
It is the agreement between two persons whereby one of them, the worker, agrees to provide certain services under the direction of the other, the employer, receiving guaranteed remuneration in return.
People Involved in the Employment Contract
- The worker: This is the natural person building on the work.
- The employer: This is the individual, community, or property receiving services in return for surrendering a salary.
Limits to Recruitment and Work
- The worker:
- After 18 years
Contract Law and Employment Relations: Key Concepts
Chapter 10: Contract Formation and Types
Bilateral Contracts: Both parties make an agreement, forming a mutual obligation. Unilateral Contracts: Only one party makes a promise, and the other accepts by performing; for example, offering a reward for a lost dog, paid only upon its return. Executory Contracts: Obligations need to be fulfilled. Executed Contracts: Both parties have completed their obligations. Valid Contracts: Meet all legal requirements and are enforceable in court. Unenforceable Contracts:
Read MoreUnderstanding Penalties: How Sentences Are Calculated
The Penal Code establishes a set of rules to follow for determining the applicable penalty. These rules can be divided into general and specific.
The General Rules
The ruling will determine the penalty based on the crime committed, whether it be imposed in the lower half or upper half, if possible its reduction in one or two degrees or, conversely, it should increase it by one degree. Thus:
- If the crime committed was attempted, i.e., not able to obtain the desired result, it may impose a penalty lower
Social Security: Current Trends, Legal Framework, and the Spanish System
Current Issues and Trends in Social Security
The basic premises on which social security systems were initially based are:
- Stability of career (full employment).
- Stability of the traditional family pattern.
In this context, situations of need that require protection are temporary and permanent disability of the worker, age, family, unemployment, maternity of women workers, if necessary, and worker’s death. To consider is the protection of women not working and with no independent right to social security
Read MoreEmployee Rights: Modifications, Mobility, Suspension, and Termination
Individual and Collective Contract Modifications
Individual Modification: The employer only has to communicate their reasoned decision to the employee with a notice of 30 days.
Collective Modification: The procedure is somewhat more complex because the employer has to consult for a period of not less than 15 days with the representatives of the workers. During the consultation period, it is possible to reach an agreement, in which case the change is imposed from the pact. Even if no agreement is reached,
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