Social Work: Legal Frameworks & Client Rights
Legal Knowledge for Social Workers
Understanding the law is crucial for social workers (SW) for several reasons:
- Defining Practice Limits: It helps you understand the boundaries of your professional practice.
- Avoiding Liability: It assists in avoiding actions that could lead to professional sanctions, criminal charges, or civil liability.
- Upholding Rights: It ensures you understand your rights and, critically, your clients’ rights.
- Accessing Services: It helps you identify benefits and services available
Defining Employee Status: Key Conditions & Contract Types
The 5 Core Conditions of an Employee
- Dependent Work: The worker is subject to the employer’s directives and instructions. This dependency is specific to the employer’s orders and not merely a general reliance on wage labor.
- Productive Work: The worker is compensated for their labor.
- Free Labor: The employment relationship is established through a mutual agreement (contract).
- Personal Work: The employee must personally perform the job and cannot be substituted by another person.
- Work on Behalf of Others:
Key Aspects of Employment Contracts and Labor Law
Employment Contract Characteristics
- Voluntary: The worker signs the contract freely.
- Alienation: The direct results of labor are not owned by the worker but belong to the employer.
- Remunerated: The employee provides a service (work) in exchange for financial compensation.
- Personal: The work must be performed personally by the worker.
- Subordination: The worker operates under the organization and direction of the employer.
Sources of Employment Law
Material Sources (Rule Makers)
These are the individuals
Read MoreUnderstanding the Different Types of Evidence in Law
Introduction
Definition of Evidence
According to Salmond
“Evidence may be defined as any fact which possesses probative force.”
Various Kinds of Evidence
Key Latin Legal Maxims and Their Meanings
Generalia Specialibus Non Derogant
Generalia specialibus non derogant is a Latin maxim meaning “universal things do not detract from specific things.” This well-known proposition of law states that when a matter falls under any specific provision, it must be governed by that provision and not by the general provision. The general provisions must yield to the specific provisions of law. It is a basic principle of statutory interpretation. In other words, for the purposes of interpreting two statutes
Read MoreAdministrative Act Review and Appeals Explained
1. Who reviews void administrative acts?
Void administrative acts can be reviewed by the office of public administrations or upon request and with the assent of the State Council or equivalent advisory body. The fact that the law recognizes this possibility for citizens is very important, because if the Administration does not comply with the request, the applicant may ask the same question to the courts.
2. What acts generally terminate proceedings?
Generally, proceedings are terminated by:
- Decisions