Human Rights and Law: A Comprehensive Study
- Law: Is what right-minded members of the community believe to be right or fair.
- Jurisprudence encompasses the history of the law, its scope, and relationship with other disciplines and its interpretation.
- Common Law is the law made by judges and it relies on the doctrine of precedent, while Civil Law is made by statutes passed by the Parliament or by subordinate bodies to which parliament has delegated legislative power.
- Human rights have been defined as “inalienable fundamental rights to which a
Understanding Work Contracts: Training and Practice
Work Contracts for Practical Experience
Article 11.1 of the Workers’ Statute (Estatuto de los Trabajadores – ET)
Purpose: To provide paid employment that offers practical professional experience appropriate to the level of studies of an individual who possesses academic or professional qualifications. The tasks performed must fall within the scope of the relevant degree.
Requirements
- Employee: Must hold the title enabling them for the practice.
- Timing: The contract must be made within four years following
Contract Law and Commercial Agreements: Key Elements
Unit 2: Contract Law
What is a Contract?
A contract is an agreement between two or more people which is legally binding.
Was there a Binding Contract?
A legally binding contract must have five elements:
- Offer: An expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed.
- Offeror: The person making the offer.
- Offeree: The person to whom it is made.
- Counter-offer: If the offeree rejects the offer
Understanding the Principles of Inalienability and Most Beneficial Condition
The Principle of Inalienability of Rights
Article 3.5 of the Spanish Workers’ Statute (Estatuto de los Trabajadores – ET) establishes that workers cannot validly dispose of rights recognized to them by law, neither before nor after their acquisition. This applies to rights considered absolutely necessary. It also prohibits the disposal of rights recognized as unavailable by collective bargaining agreements. This precept implies the following:
- Who is allowed to waive workers’ rights? The law uses the
Constitutional Court: Role in Upholding Spanish Law
**Interpretation of the Constitution**
“The Constitutional Court is the supreme interpreter of the Constitution, not a legislator, and it can only be asked to pronounce on whether or not provisions accord with the Constitution.” (Constitutional Court Judgment 5/1981, of 13 February 1981, Legal Grounds 6).
“The law, as the emanation of the popular will, can in principle only be repealed or modified by the representatives of that will, and it is only for the case in which the legal provision infringes
Read MoreUnderstanding Labor Laws: Common Work, Group Contracts, and Illegal Assignment
Common Work in Spain
Common work, as regulated in Article 10.1 of the Workers’ Statute (Estatuto de los Trabajadores – ET), is a way of organizing work where the employer retains their rights and duties towards each individual worker. In this model, the employer assigns a task to be jointly performed by multiple workers already hired by the company.
Group Contracts
Distinct from common work is the group contract, outlined in Article 10.2 ET. In this arrangement, the employer enters into an employment
Read More