Clasified in Summaries of Training and Employment Advise of Professional Training Course.
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1.1 Definition of law. The set of rules and principles of enforceable rules governing enforcement of social relations that human society has become necessary. Areas of law: Constitutional, civil, criminal, administrative, labor and social security, taxation and finance, litigation, commercial, international and employment law comunitario.1.2: Set of rules governing the relationship between employees and employers, whose origin is the employment contract or agreement colectivo.2. The European Union: In 1986 he entered Spain, with a total of 27 countries and its main goal is to permit free movement of people, said:
1 Free movement of workers dependientes.2 ° Freedom of establishment of empresas.3 No Freedom to provide services. In labor the European Union aims to:-Creating a European social fund that allows the mobility of workers
"A European social law to harmonize the laws and policytica of all countries.The Parliament is the council of heads of State and EU Gobierno.La creates 2 types of standards: "Regulations: EU Regulations general, equally applicable in all countries, and are standards directly applicable. Eg free movement of workers-Directives: EU rules which are addressed to some or all Member States to achieve certain objectives and leaves each state free to set how to get them). Ex: the time change. 4. Sources of Labor Law (Origin): These are individuals or social groups that create standards alongside the standards themselves (are made by the Workers' Statute) .4.1. Legislature. They are the Parliament, the Parliament. Is the House (elected in general elections): Divided into the Congress of Deputies and the Senate. Its rules are the LAWS: Organic: They are those dealing with fundamental rights and freedoms and must be approved by an absolute majority plus one half of the total, in Congress, particularly the law of association, ... etc LOE. Ordinary: are approved by an ordinary majority of which have at that time, the mayoría.4.2. Executive. It is the government formed by the President, elected by the Congress of Deputies. There are two vice presidents (vice 1 and vice-2) and The Ministers, all personally selected by the Government presidente.El has 2 types of rules:
1) Range Law (Consideration): "Decree-Law: Standard that is done in case of urgent and extreme necessity. Require validation of the Congress within 30 days. It does not address fundamental rights-Legislative Decree. Norma is done with consent (sent) after power legislativo.2) Regulatory Standards: Standards that makes the government to develop (discussed in detail) what standards law.2 says: "Royal Decree: a standard that makes all of the government together
-Ministerial Orders. Standard that develops and adopts a single minister with approval of demás.4.3. Collective bargaining. A group of workers / entrepreneurs meet to achieve working conditions, leading to the collective agreement (agreement between employers and employees or representatives of these which set the conditions of work, where rights and obligations are reading, so the nature of a norm) 4.4. Employment Contract. Agreement between employer and employee which sets out the conditions. In his reading, we can deduce that is a standardfor their rights and obligaciones.4.5. Work habits. It is an unwritten rule. The usual custom is an act carried out by people and the rest take it as a rule, only applies if there is no written rule. The custom work has 2 characteristics: There must be local (town) and professional (he refers to a specific profession) .5. Implementation of Labor Standards. Hierarchy of norms in General: 1.-Regulation UE.2.-Constitución.3.-Tratados.4.-rules with the force of law: LeyOrganica, ordinary, Decree Law, and Decree-Regulatory legislativo.5. : Royal Decrees and Orders Ministeriales.6.-Colectivos.7. Conventions lame-Costumbres.Ninguna lower standard may go against one of higher rank. The hierarchy of labor standards is performed as follows: apply the standard that is more favorable for the worker and that correponda not always quantifiable familiar matters (working hours, salary, time off ...) Principles of Law Education. Principles of law are those that involve benefits not written for a behaviorperson or a judge. For example, everyone is innocent until proven guilty, no penalty if no crime. There are 3 principles: 1 Top Pro-worker: When a judge or court is hesitant to apply a rule, it is always in the most favorable for the best deal trabajador.2-Principle: Where two or more rules treated on the same issue, the courts apply one that is more favorable to the worker, provided that the matter be cuantificable.3-Top Waiver of rights (no waiver): The worker can not waive the rights that correspond to when the resignation will not cause damage (harm him) .7. The social courts. It is responsible, "the trial judge.
-Court: normal 3 judges (can be 5, 7,9 ..., always odd). The judge is responsible for judging and enforcing the juzgado.Derecho to obtain an effective remedy. Is that any citizen has the right to apply to a judge or court in defense of their interests and obtain from them a resolution of that case even pretensión.Los rejecting the judges and courts in Spain are organized:
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