Employment Contract Essentials: Subjects & Legalities
Item 4 – Employment Contract Subjects
1. Concepts
Employer: A natural or legal person with legal capacity to hire workers.
Types of Business:
- Individual Entrepreneur: Requires legal capacity and consent (if a minor).
- Legal Business: Formed based on statutory requirements.
Age and Capacity:
- Full Capacity: Acquired at legal age or under specific conditions (parental consent, financial independence, marriage, judicial award).
- Limited Capacity: Individuals over 16 require parental or guardian permission.
- Disability:
Legal Codification: From Enlightenment to 19th Century Europe
Encoding
Encoding is intrinsic to the legal culture that developed on the European continent, due to the importance these countries place on law. Codification is the quintessential expression of law as conceived during the nineteenth century.
1. Roots and Content of the Ideal Encoder
Codification’s roots lie in assumptions crucial for its consolidation. It results from several factors, three being decisive:
- Legacy of Rationalist Natural Law:
- Conceptual Postulates: Natural rights derived from human reason,
Drug Trafficking: Legal Aspects and Criminal Liability
Drug Trafficking as a Crime Against Public Health
Drug trafficking is a crime under article 368, classified as a crime against public health within collective security offenses. It encompasses any act of drug cultivation, production, trafficking, or actions that promote, encourage, or facilitate the illicit use of toxic drugs, narcotics, or psychotropic substances, or possession with those purposes.
Key Elements of Drug Trafficking
Objective Element
This involves toxic drugs, narcotics, or psychotropic
Read MoreConstitution of the Spanish Monarchy
Spanish Constitution of 1812
Don Fernando VII, by the grace of God and the Constitution of the Spanish Monarchy, King of Spain, and in his absence and captivity, the Regency of the kingdom, appointed by the general and special courts, to all who see and hear these, know: that the Cortes have decreed and sanctioned the following:
Constitution of the Spanish Monarchy
In the Name of Almighty God, Father, Son, and Holy Spirit, author and supreme legislature of society. The general and special courts of
Read MoreSpanish Labor Law: Worker Status, Rights, and Administration
Status of Employees in Spain
This document offers a comprehensive understanding of Spanish labor regulations.
6.1 Content
- The Workers’ Statute (TRLET) is the primary source of labor law and labor relations.
- It regulates employment contracts, outlining the basic rights and duties of workers and employers.
- It covers workers’ rights to assembly, collective representation, enterprise bargaining legislation, and collective agreements.
6.2 Background
- The Workers’ Statute Law was enacted and entered into force
Chilean Labor Code: Contract Termination Grounds
Grounds for Termination of a Contract
The employment contract can only end in a legal case. Legal causes are contained in Articles 159, 160, and 161 of the Labour Code. The grounds for termination of contract operate ipso facto, that is, immediately. This means that the causal set will proceed to complete the contract and not expand it over time.
Causes of Article 159 of the Labour Code
- Mutual agreement between the parties. This cause is appropriate when the worker and employer agree to voluntarily