Decree Law: Articles 82, 83, and 85 Explained
Decree Law (Arts. 82, 83 & 85)
Legislative Power of Courts
Courts hold legislative power and can delegate rule-making authority to the Government.
This power is constitutionally granted, allowing courts to delegate legislative authority to the Government in specific cases.
The only limitation is that the Legislative Decree cannot overstep the Organic Act.
Types of Legislative Decrees
- Innovators: Originating from Basic Law, these decrees create new legal standards by formulating detailed texts.
- Collectors:
Understanding Employment Contract Termination in Spain
Termination of Employment Contracts in Spain
As provided in this Act:
j) By the will of the worker, based on a breach of contract by the employer. Just causes for the employee to request termination include:
- Lack of continued or delayed payment of agreed wages. In such cases, the worker is entitled to compensation for unfair dismissal.
k) Dismissal
Disciplinary Dismissal: The employer can terminate the contract due to a serious and culpable breach by the worker, such as:
- Repeated and unjustified absences
Understanding Employee Compensation and Payroll Management
1. Concept and Types of Compensation
Compensation is the monetary payment an employee receives for services rendered to an employer. This encompasses various forms of remuneration.
2. Remuneration of Dependent Workers
Earnings consist of three primary components: assets, deductions, and net pay.
Assets
Assets include various forms of remuneration and allowances established in individual or collective bargaining agreements. These may include salary, bonuses, commissions, profit sharing, and other incentives.
Read MoreInternational Law: Treaties and Customs
Item 7: The Usual
Concept and Training of International Custom
Customary international law, as per Article 38.1b of the Statute of the International Court of Justice, arises from practice accepted as law by states. This spontaneous process results from a practice based on the belief that it entails a legal obligation.
Two mandatory aspects define international custom: a material aspect (the will of states, composed of three elements) and a spiritual aspect (opinio juris).
Elements for the Formation
Read MoreSpanish Government and Administration: Structure, Functions, and Principles
1. Government and Administration
Mixed Characteristics
The Spanish Government and Administration exhibit mixed characteristics, unfolding in terms of activities (functional). This allows for study from two perspectives:
- The administrative field, traditionally defined as the highest organ of state administration.
- Constitutional law, focusing on the defining features of constitutional authority.
A constitutional body’s existence is tied to the allocation of its essential functions by the will of another
Read MoreChilean Criminal Procedure: Detention and Trial Evolution
Preventive Detention
In the old system, a judge could order detention based on submission to process. With an indictment, Article 264 was applied if the subject testified, evidence of the offense existed, and the subject’s involvement was proven. Today, custody requires formalization of the defendant.
Pretrial detention was a general rule previously; now, it’s an exceptional measure.
Criminal Procedure Code Principles
Key principles include a single trial, exclusive research court, presumption of innocence,
Read More