Labor Standards and Employment Contracts
Hierarchy of Labor Standards
In cases of conflicting labor standards, the principle of upholding worker protection prevails. The source containing more favorable provisions for the employee should take precedence.
Functions of Legal Principles
- Creative Function: Legislators consider guiding principles when drafting bills.
- Integrative Function: Principles fill gaps in existing laws.
- Interpretative Function: Principles influence the interpretation of legal rules.
- Normative Function: Principles guide decisions
Formation of Catalan Law: Charters & Liber Iudiciorum
Catalonia: Early Legal Development
The Formative Stage: Population Charters
The formative stage of Catalan law occurred between the 9th and 13th centuries. Geographically, this law applied primarily to ‘Old Catalonia’ and was characterized by:
- The maintenance and subsequent decline of the Visigothic law, the Liber Iudiciorum.
- The appearance of population charters and franchises, which the counts used to address emerging needs.
- The expansion of feudal law through the usatges (customs or usages), namely
EU Worker Protections and Employment Strategy (TFEU Focus)
Directive Provisions on Redundancies and Worker Rights
Member States may grant the competent public authority wider powers of extension.
The employer must be informed of the extension and the grounds before the expiry of the initial period provided for in paragraph 1.
Member States are not obliged to apply this article to collective redundancies arising from the termination of the establishment’s activities where this is the result of a judicial decision.
The directive does not affect the right of Member
Read MoreLegal Force and Effect of Spain’s Constitution
Legal Value of the Spanish Constitution
- The Spanish Constitution (EC) is a fundamental legal standard; the constituent power established its legal status. The Constitutional Court (TC), in its first ruling, affirmed that the EC is the supreme legal rule of the legal system (OJ), and its precepts can be invoked in court.
- The EC binds both citizens and public authorities. It comprises various rules and precepts, although not all have the same level of effectiveness. Its supremacy is guaranteed judicially,
Key Concepts in US Constitutional Law
Horizontal Separation of Powers – Executive, legislative, and judicial branches with separate but equal checks and balances.
Vertical Separation of Powers – Division of powers between state and federal governments.
Preemption – If the federal government passes a law with preemption language, states cannot regulate the same activity.
Presumption Against Preemption – Applied when dealing with inherently state/local powers.
Habeas Corpus – A writ used to bring a party criminally convicted in
Read MoreKey Concepts of Locke’s Political Philosophy Explained
Key Concepts of Locke’s Political Philosophy
Public Good: Also known as the common good. This is the purpose the State aims to achieve, ensuring citizens have a secure, peaceful, and comfortable life.
State of Nature: The condition of human beings before the original social contract. In this state, individuals possess complete freedom to act and dispose of their property, enjoying full equality. The law of nature governs this state.
Federal Power: The power responsible for representing the State in
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