The regulation of labor appears as seen from the early years of Spanish colonization. For the case of Chile is worth remembering that Pedro de Valdivia banned impose on natural loads weighing more than fifty pounds and the Cabildo of Santiago in 1548, expressly promise of rest on Sunday and other holidays, which were then numerous .
The employment contract
Both metropolitan legislation as the Indian territorial minutely regulates the employment contract of Spanish, Mestizos, Indians and blacks. These contracts are called “seat work”. Were held by a public notary (for public office who was allowed to testify to the deeds and other acts passed before him) and in the case of an Aboriginal contracting with the appearance of the mayor or his deputy or a judge of commission . The employer agreed to give good treatment to the Indian and doctrines in the Catholic faith, and obliged with his person and property to comply with the agreement, and in turn the Corregidor (in some populations mayor presided over the council and important government functions exercised ) or his deputy, on behalf of the Indian, to fulfill the agreement, on pain of punishment from the last (or Lieutenant Corregidor). If the Indian is subject to the rules of assignment, ie the obligation to pay tribute to one encomendero, is seen working in the seat of the tax deduction of wages that the worker will receive.
The Indians are forced to conclude work from 18 years to 50 years. The term of the employment contract was for one year and began the day and a half hour after sunrise and lasted until sunset, with an hour to eat and rest at noon. In the months of May through August only worked from 10 am to 4 pm. He devoted the rest for Sundays and feast days.
In the early years of colonization, and especially when there were volunteers, we used the mita system, by which drew to shift work to groups of Indians from a village. This system was adopted from the custom existing in Peru in Inca times. The mita in Chile was used preferably in the sixteenth century in the gold mines, but there is evidence that as early as the eighteenth century did not exist and mining work was entered into freely.
This system was adopted from the current practice of Peru at the time of the Incas. The mita in Chile was used preferably in the XXVII century and that there was no mining work was freely entered into.
ECONOMIENDA AND WORK .
Had an impact on the working regime of the encomienda system instituted in part to promote the Christianization of the natives, and another, to reward meritorious settlers. The encomienda was a privilege granted by the king to a pig worthy to perceive itself and its successor the tribute of a group of Indians were forced to pay in their capacity as subjects of the Crown, out of caring for the good of the good spiritual and temporal and entrusted to defend the territory. In the case of Chile, the poverty of indigenous people, their little habit of work and the need to attend regularly the Spanish war, the encomenderos became interested in ensuring the tribute of the natives, and have hand their labor on their estates, often replace the collection of tax by the personal work of the Indian. The law came to regulate this situation, first with the call rate Santillán, approved by the king in 1561, together with establishing the mita system, provided as compensation, the payment of the miners of the “SESM” or sixth of gold from drawing, and workers in the delivery of clothes and animals. Then the rate of Governor Martin Ruiz de Gamboa, 1580, devoted to Chile the free labor system and regulated wages paid to your payment. This same system maintained the rate issued to Chile by the Viceroy of Peru, Prince of Squillace, who received, with some modifications, sanction of the crown in 1622 and was then signed into Real Rate and included in 1680 in the Indian collection. Since 1633 and according to the rate of Governor Francisco Laso de Vega, the Indians were free to pay emotional tribute or work in the latter case estimated that forty days of work equivalent to an annual tribute of ten weight. The findings in the archives of notaries at the time of numerous “seat work”, mentioned above, test the practical application in Chile of the free contracting of services.
Apart from the social regulation of employment contracts in the Indian period, it checks the existence of social security. The employer, in effect, is indigenous to cure any disease contracted while in service. Spread pattern also has the Indian medical assistance to an accident because of work. In short, adapting an existing system in the Peruvian communities were created so-called “community banks” whose income came from the sale of livestock and crops of the common lands of indigenous peoples, the rental income of themselves and the interests of the census or guarantee loans with real estate that was done by the Spanish. The usefulness of these “boxes” served in the purchase of clothing and tools for the Indians, in the care of orphans and disabled and the maintenance of hospitals. By law these must also be based on each city for the care of the poor.
The Labour Code.
Protective labor standards contained in the laws of India shall automatically expire in Chile from the decree of 1819 denver accident lawyer which granted full legal capacity of indigenous peoples. Only in the Civil Code, some provisions were envisaged the lease of services, and others in the Code of Commerce and Mining. The absence of special rules the world of work, characteristics of the individual spirit that dominated the nineteenth century came to do their serious effects on Chile at the end of the century and start the next. Then the development of industry in the cities of Santiago and Valparaiso and particularly in the provinces of Tarapaca and Antofagasta, home of the great nitrate plants, caused violent worker strikes.
The first twentieth-century social legislation was enacted in 1919 submitted a draft Labour Code by the conservative parliamentary representation. Its chief editor was Juan Enrique Concha. The project is being studied by committees of Congress and he added another envoy in 1921 by President Arturo Alessandri. Neither reached his office, but following the military movement of 1924, Congress was forced to dispatch without debate and as loose laws, various titles of the previous project, concerning labor contracts, union, conciliation and arbitration courts compulsory insurance cooperative.
The haste with which these laws shipped out, mostly inspired by foreign standards to the circumstances of the country, caused frequent difficulties in its implementation. In 1931 these were merged and modified in order laws passed by the Labour Code.
This is only a guide, individual cases should be studied by cultural mediators or lawyers.
The acquisition of Italian citizenship a foreigner is not generated immediately after marriage. To avoid so-called marriages of convenience, has taken the measure to grant citizenship only at the end of a given period.
Foreign nationals married to Italian citizens, residents or not in Italy can apply for citizenship under the following parameters:
1. If the foreign citizen residing in Italy, is necessary and uninterrupted legal stay together with the Italian citizen for a consecutive period of two years.
2. If the foreign citizen living abroad, the time increases from one year, ie requires 3 years of marriage and cohabitation.
3. At the time of application for citizenship marriage must be valid and in force . That is, there can denver martial arts be no legal or de facto separation, or divorce, or the cessation of civil effects of Catholic marriage, or annulment or death of spouse Italian.
The time is halved in the presence of children, whether they are adopted or conceived.
1 case: foreign citizens residing in Italy
1. Requirement: legal and continuous residence .
Legal residence is made up of two elements:
a. Stay di Title : Foreign citizens must have a valid soggiono, whether it is Visa, Permit of Stay, or the Permit of Stay di lunga durata. Therefore, the length of the country’s output will depend on the type of Permit of soggiono you have.
b. The residence : The residence in Italy with the certificate of test Anagrafe city of residence. For purposes of citizenship has the term from the date of marriage.
2. Requirement: Marriage valid, current, uninterrupted
In this case, the standard requires a conjugal relationship not only instrumental, but for effective and lasting (thus halves the time for application in the presence of children). The alien must also prove their integration into the Italian social fabric (learning the language, participate in volunteer activities, etc.)..
Case 2: NON-RESIDENT ALIEN IN ITALY
1. requirement. Valid marriage, effective and uninterrupted :
This requirement will depend on several factors, the most relevant is the law of the country where the marriage took place, because if not done in Italy, the rules relating to validity and applicable shall be the country’s celebration.
2. Requirement: Joint Residence:
This requirement will depend on the internal regulations of the country of residence.
Case 3: Foreigners who come to Italy and married after THREE YEARS :
In this case the registration Anagrafe enough to proceed with the application for citizenship, do not have to wait two more years.
For all cases between the time of application and timing of notification of the Citizenship Act (one to two years), the marriage is valid and continue in force.
Submission of application.
In Italy: The competent body is the Prefecture of the province of residence, except for the autonomous regions of Trento, Bolzano and Valle d’Osta. Each of these regions has appointed a competent authority distinct.
Outside Italy : competent Italian Consulate in the country of residence.
Pharmacists are aware that the act of dispensing should be done in the pharmacy. In this sense, the Law 29/2006 of 26 July, on guarantees and rational use of medicines and medical devices.
Now, pharmacists are also aware that pharmaceutical care involves a diligent, if anything even greater. Pharmacy patients are chronic and often have mobility problems. Therefore questioned the type of pharmaceutical care that should receive this population, because in many cases can not move to the pharmacy to produce there the act of dispensing.
Constitutional Court’s approach, differences between the sale and delivery of the product dispensed .-
The Constitutional Court ruling of July 17, 2003, based on the content in the sole discretion of the Drug-Law currently in force-analyzed Galicia Management Act. This is the only Management Act that allows the dispensing of medicines outside the pharmacy if they meet certain conditions.
The Constitutional Court held that the competent Autonomous Communities may also regulate in relation to dispensing actual issues that have to do with the role of dispensing pharmacies, provided that appropriate regulation is directed to establish rules that address the exercise of This activity of pharmacy establishments, whether technical or material delivery and not put into question the principles relating to the safety of medical prescriptions and thus the health of patients.
In the Galician case analyzed two conditions must be met:
a) the prescription is a prescription guaranteed
b) there is a dispensation prior to the patient himself by the Office of Pharmacy of the same medication.
In conclusions, the Constitutional distinction between legal fact of the sale , which is what it prohibits certain forms of the Medicines Act and the delivery of the pay day loan product dispensed in a pharmacy, a clear conceptual difference that prevents prohibitions pertaining to the first can be extended without the second.
Is this behavior tolerated?
On the other hand, the authorities are familiar with the geography of our country. It is not insignificant that in Galicia have dared to legislate outside the dispensing pharmacy. You only need to consider the Concelles and aging of the population.
These same health administrations are in contact with the pharmacist and know their problems, especially in rural areas. At the same time listen to the criteria of the highest courts always favor the patient’s health.
Nor are we surprised to read a case of expiry of the disciplinary proceedings. As decided by the Tribunal Superior de Justicia de Castilla-Leon, Litigation Division, in its decision of December 5, 2002.
The Directorate General of Public Health and imposed a penalty of more than 3000 Euros a serious infringement of a qualified pharmacist pharmacy in Valladolid. Apparently the facts were estimated imputed accredited under which the drug had proceeded to the collection of prescriptions and dispensing drugs outside their office through family pharmacy and auxiliary employee.
In case, when the Administration notified the pharmaceutical initiation of disciplinary proceedings, had elapsed since the completion of proceedings aimed at establishing the facts of the year under the Medicines Act. Therefore, the action had expired to prosecute the offense.
In any case, facing the pharmaceutical side should prevail over CrossFit Denver staunch personalized pharmaceutical care and patient follow up. The professional standard of health protection.
In short, we know that the standard Galicia protects the conduct of the pharmacist, if we find an instance in which the prescription is guaranteed by prescription and there is also a dispensation prior to the patient himself by the Office of Pharmacy of the same drug, medication we can reach our customer.
In the rest of the regions, for the moment, to apply common sense. When not extend regulatory protection, we are the particular case, and the justification of a dispensation made outside the pharmacy. The pharmacist is professionally known when absolutely necessary outside the pharmacy dispensing for health reasons and what kind of products are simply dispensable at another point than your drugstore. Consider, for example, in the case of heat-labile. Also it can respond to yourself why you can. Use the same arguments, if necessary, in his testimony before a judge.
On the expiration of the disciplinary proceedings
In the case of Justice of Castilla León argued the expiration of the disciplinary proceedings. Specifically, expiration of the action to prosecute the offense of the former Drug Law 25/1990, Article 111 provided that “expire action to prosecute the offenses known to the Administration when the existence of an infraction and completion of proceedings aimed at clarification of the facts had passed a year without the competent authority has ordered to initiate the appropriate procedure. ”
Currently in force is Law 29/2006 of 26 July, on guarantees and rational use of medicines and medical devices. It referred only to the prescription of offenses in Article 104:
“1. Very serious infringements expire after five years, two years of severe and mild year, at the same time prescribe the sanctions.
2. The statute of limitations for violations begin from the day that the violation was committed.
Interrupt the limitation initiation, with knowledge of the subject, the disciplinary procedure and resumed the limitation period if the disciplinary proceedings were stalled for over a month for reasons not attributable to the alleged offender.
3. The limitation period of sanctions begin from the day following that on which the decision becomes final imposing the sanction.
Interrupt the limitation initiation, with knowledge of the subject, the execution procedure, returning to the period of time if he is paralyzed for over a month for no fault of the offender. ”
The Court, as in another of his statements November 14, 2002, stated that the statute of limitations and expiration established by Law 30/92 of the Legal Regime of Public Administrations and Common Administrative Procedure, apply only to if specified in the applicable regulations car insurance comparison do not provide for others.
Anything that involves an advertising campaign in the creative area, from image creation for new products or services, advertising transmitted through different media and brand positioning in the market are highly related to copyright.
Adequate protection for the various elements that make up the image of the product, service, must be a priority for the entire advertising agency. You should also consider what steps to take to avoid legal conflicts, both creative and yourself and your customers.
There are two common situations that are risk factors:
Creating a brand and market without proper legal protection required
Inadequate contract between the advertising agency and creative staff
The creation and registration of a trademark is a process that can become difficult and tedious when performed with appropriate legal counsel also may have negative consequences in some cases may not succeed in obtaining the registration of that mark and thus not have exclusive rights over it.
Problems can be saved if you have the advice of an attorney specializing in intellectual property. Many do not believe it is more convenient than the corrective preventive counseling.
Moreover, it is important that the advertising agency have an appropriate contractual framework governing the relationship between employee and agency-agency-client relationship.
If the agency does not have this contractual framework will risk your business and your client in front of the creative staff at any time may sue to enforce their rights both in works created.
In our country have arisen cases in which demand creative staff to the agency after a labor dispute, both agency and client of the firm, by the unauthorized use of their creations.
Remember that copyright exclusivity will give artistic works such as literary, pictorial, photographic, cinematographic, software, among others.
As a deaf person I am, although it does not need sign language to read and constantly feel the urgent need to continue helping and fighting all that is necessary for the hearing impaired in this country have better accessibility to today’s digital media . In this case I speak of the forgotten internet and Sign Language Act (Law 27/2007).
Let’s start with a significant figure in Spain are users of the LSE (Spanish Sign Language) as their first language about 120,000 according to a study conducted by Ethnologue languages and about 450,000 worldwide. A high number considering that the Asturian speakers are about 100,000 (always talking about first language). A large portion of these users of sign language saying that the information in sign language is perceived as easier and more comfortable than any written text. For other users much of the l ANGUAGE sign s information is marked with only reliable means of interpreting the information.
The former is therefore more than a good reason to supplement the textual information in web sites with videos in sign language in which the message is playing with good readability.
But not only is this large group is not an unmet need for access to information, but in Spain there is legislation in place on the subject for years and which reads:
In the LAW 27/2007, of October 23, which recognizes the Spanish sign languages and regulates the means of support for the oral communication of the deaf, hearing impaired and deafblind people.
In paragraph 4 says in particular:
4. The pages and web sites of public or publicly funded are adapted to standards established from time to time by the relevant authorities to ensure their accessibility to the deaf, hearing impaired and deafblind people through the provision within the same of the corresponding systems of access to information in the language for your language field.
Although this law is in force since 2007 very few, very few sites are public or publicly funded which have been adapted at this time, highlighting the administration’s neglect of this important social issue. Perhaps under the belief that deaf people access information in the same way that they are not, by reading. A mistake. Error has been dragging enormous educational deficiencies and communication for the deaf community for centuries.
In conclusion, just to comply with WAI accessibility standards by law claim the deaf enforcement in sign language .
Houston has been ranked as one of the most prosperous cities and the fourth largest in the United States of America. Located in Texas, this city has much to brag about themselves, and their progressive growth and economy. It has a wide range of industries ranging from power generation to leading technology firms, making Houston one of the leading commercial centers in America. With a population of over two million, the chances of accidents happening is greater. This is why hiring an accident lawyer is a good choice.
The Accident Attorney help you in situations that could eventually suffer an injury, recovering lost funds to pay medical bills, and probably also the salary or wages that have been omitted while unable to work, etc.. The main means of transport used by masses in Houston is the car, with more than 71% of residents driving one to work. This increases the chances of accidents and records at the Houston Police Department figures reveal amazing about it.
This is why having an accident lawyer is always best to stay safe. Recently there has been an irregular increase in the number of individuals seeking legal assistance to deal with personal injury cases. Is it ethical and natural that when one is faced with an accident, you are within their rights to seek redress because of the large print and shame that has to go and bear. To avoid the fuss, it is necessary to harness the support of some of the accidents lawyers can avoid these problems with their technical and legal skills.
When you decide to apply for compensation due to an accident who has suffered you (or a family member) needs to first decide the type of legal process by which opt, and therefore would have to hire an accident lawyer to carry out you. Between your two choices are legal processes and process the court without going to court. Once you have decided to proceed with the lawsuit, the next step would be to hire a professional accident lawyer is able to assist you and win the case.
Some facts you need to know:
There are some harsh realities in the processes that have to pass the person applying for accidents, the most significant situation that exists when they take place in court proceedings.
If accidents Lawyers has hired a professional who excels in his field, then you can get a ruling in favor and legal procedures will also be less controversial.
In situations in which accidents to hire lawyers to display less expertise in the area, then it would be better not to opt for the same.
If you have a lawyer friend or relative could you ask for names of lawyers in the area of personal injury.
Beyond one’s own emotional repercussions that could result in the failure of a marriage, keep this place as a form of separation or divorce, it is necessary to consider possible effects on the economy of the spouses .
These could sometimes be devastating and can affect you over a period of time greater than the sadness and melancholy characteristic paintball of the rupture. Hence, proper planning of the economy of the spouses is essential for the separation or divorce does not pose a real trauma in this regard for both.
Then we will detallarte various tips and advice that you may find very useful at a time of great vulnerability such as the threshold of your marriage breakdown.
a) First, it would be necessary with your partner or alone (if she disagrees with the decision of separated or divorced) Perform a complete inventory of your assets , detailing all assets and cash that integrate well as its value.
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b) You should also collect information about your own separate property , as well as those who’d acquired through inheritance or donation . Do not allow that, in situations of confusion, your partner can take over assets that could corresponderte you.
c) It would be advisable, on the other hand, adopt a policy of cost containment , eliminating as far as possible those could be considered redundant or unnecessary. Otherwise, you might end up regretting.
d) You should also make sure to preserve intact the funds in accounts and deposits you to have you and your spouse together . Your partner might be tempted, in view of your separation or divorce, leaving you with nothing drawing your joint ownership.
Prevention is always better to be safe than sorry later. So the best advice would be to open a new checking account, preferably in another institution or bank where your funds and domiciled entered your payroll, which obviously could not access your partner.
e) In line with this , if you anticipate any problems with your spouse, it would be canceling all credit cards linked to joint accounts .
Although you may have confidence in your partner, you should settle any possibility of doubt. Extreme situations people react very disparate, and despair can be a bad advisor in these situations.
If no remedy could end up regretting it now.
Liberalism is pronounced as opposed to any form of labor organization, considering it a threat to social stability and the capitalist order. Liberalism in development mode FREE DELIVERY CONTRACT WORK, where they were valid all the terms and conditions stipulated by the “free” will of the parties, which became the freedom to oppress the work needed.
The provision of work was not subject to maximum limits of working hours, low wages are accrued which forced the rest of the family, including children join the ranks of those in need of work.
The state was limited to a police state paper and timidly limit the work of children and women in the mines and in certain industries. Then limits the work day. Standards were established health and safety at the workplace during the course of this nineteenth century an incipient working order legislation.
The political doctrine, economic and social set about finding ways to guarantee workers a minimum wage and better conditions for the provision of work and is so developed various doctrines of a socialist.
Faced with the current thinking of Liberalism, Socialism arose, social conception which subordinates the interests of the individual to the collective interest as a means to achieve greater solidarity among men. State recognizes the full authority to organize society and economy, and supports the collective ownership of the means of production. It states a necessary intervention in labor matters.
Under socialism were the following streams or ideological doctrines
1. Saint-Simon egalitarianism
It recognizes as legitimate the right to private property and capital, calls for a social organization based on industry, which lead to Plastic Bins the disappearance of social classes, with only subsist as a class of workers.
Enacts the motto: “To each according to his ability and each according to his work capacity.”
Legitimate work only to obtain goods. Not accepted because the institution of inheritance, to prevent the raising of capital and property. rejects, however, violence as a means for the conquest of power, which must be achieved by persuasion and example.
It is a social and political doctrine based on the general community of goods, therefore, adverse to private property, seeks the establishment of a workers government workers. He has a penchant for violent action methods and the revolution as a strategy to gain power.
They advocate the organization of the masses of workers in a political party, class, led to the conquest of power by whatever means necessary, in order to replace the bourgeois capitalist state economy that organizes production and distribution socialized goods and products,
Proposes the dictatorship of the proletariat, denies claims of private property and the socialization of the means of production.
3. Revolutionary Unionism
Try to organize workers in order to improve their working conditions, use the general strike as the great weapon of the proletariat as a phenomenon of war, who came to destroy the capitalist organization.
Unionism rests on the following bases:
- The class struggle.
- Combating the modern state.
- Contempt of parliamentarism.
- The labor legislation reveals its uselessness and lack of enforcement.
After the French Revolution reforms are very important in the workplace, at this time the claims of rights (read Civil Code 1804) carried out by the revolution include the Employment Agreement as a document to certify a working relationship valid and Regulate relations between employer and employee, but contains two articles that talk of a “lease services”, in the first of these articles will be deleted lifelong commitments (not to revive the feudal system), then the second article says that in case of dispute on the amount of wages is the employer to be believed, something contrary to what our current labor code for the case where there is no written contract, but I thought this comprehensive legislation was but the beginning of what would be a new era of conquest ever more fair to workers.
With the advent of the Industrial Revolution and the labor that produced momentum, the mass migration from rural to city and all the social upheavals that occurred was the fertile ground for the ideas of men like Marx and Proudhon calarán a profound effect on the minds of most intelligent individuals of these masses of workers, who became the first labor leaders in history, although we only recognize the ideas of thinkers do not realize that although they have great importance, are nothing if not implemented and remain only in the realm of ideas.
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Among the first laws passed is that of the March 22, 1841, this is one of the first social legislation relating to child labor employed in manufacturing, factories and workshops. Is quite modest: the prohibition of work for children under 8 years maximum duration of working hours established for children eight to twelve years. In eight hours, for twelve to sixteen in 12 hours. Some did not hesitate to see in them the first of a detestable right to laziness.
On April 9, 1898 a law was passed in which the firing ceases to be (theoretically) discretionary employer, an employer’s unchecked power.
The freedom to strike was taken before the right to freedom of association (ie the right to union
Since 1914, ie from the period of the First World War are many experiences taken in the armament factories. Already in 1917 a regulation provides for companies working for the national designation of dense labor delegates, as well as conciliation and arbitration of disputes.
In 1919 there is a final break from work with the Civil Code since this year (March 25) is granted legal status letter to the collective bargaining agreement.
Labor relations are complex. Hence the need to engage the services of expert labor lawyers with any questions or eventuality.
- Direct action Bankruptcy is the pressure exerted by unions on employers and public authorities.
- The workers’ action should be limited in protests, sabotage, boycotts, and especially by the strike.
- The union struggle must be permanent until the general strike that brought about a social revolution.
4. Doctrine Anarchist
It is a combination of liberal and socialist.
Anarchism is the complete elimination of the principle of authority and comprehensive statement of individual freedom, is aimed at the termination of the state and private property, to be replaced by a system of full freedom where there are no laws and authorities, as all obedience is an abdication.
5. State Socialism
Intended reforms through legal channels aimed at tackling social injustice, taking into account the legitimate achievements of workers. To achieve this the state must intervene, without prejudice to the action taken by the unions.
6. Interventionist Doctrine
The intervention can be characterized as the state’s participation in social and economic life.
Equivalent to the intervention of public power in the regulation of working conditions. His initial motivation is actually twofold: on one hand, providing protection for areas subject to joint living, otherwise, the acquisition by the state of consciousness of duty, assuming custodianship of collective order, larger than the simple public order.
7. The Solidarismo
Organist is a concept that rejects both individualistic selfishness and Marxist collectivism. Consider interdependent men, each cell in the body which a society is. In this, any disruption of its parts results in discomfort in others, which involves social impact of major, minor or minimal importance.
This theory is meant to replace the employee by the regime of cooperation.
8. The Cooperative
Doctrine is to improve the living standards of workers and members of the middle class on its own initiative, according to economic theory and practice of cooperation, through cooperatives and mutuals are obtained inexpensive items and care services with a lower payout. These organisms come in direct contact with its members to conduct business transactions or other services without intermediaries. The cooperative seeks to eliminate the profit motive and regain the freedom of individual producers and voluntary mutual action among its members.
Labor law despite its apparent simplicity, actually form a complex. Hence the need to hire expert labor lawyers with any questions or eventuality.
During the nineteenth and twentieth s have shaped the political, social economic and Spanish a number of factors:
a) The Bourgeois Revolution
b) Population growth
c) The redistribution of property
d) The industrial development following the Industrial Revolution, with a delay of 50 years which will cause the delayed onset of worker rights.
The Evolution of a worker’s right: seven stages are distinguished:
1st) The period from 1873 to 1900 procursora-Tuitiva Stage:
The first labor laws are norms x q characterized its marked protective nature and do not respond to an orientation of social policy:
- The current Civil Code 1888
- Associations Act of 1887 creating the UGT and CNT (National Confederation of Labour)
Presided still respect the autonomous will of the parties, but had two exceptions:
- The Law BENOT of 24/07/1873, which limited the working age to 10 years.
- A subsequent law that would prohibit L.26/7/1878 under 16a. to hard labor or dangerous.
Not until early 1900 when it begins to intensify:
- 13/3/1900 Law on child labor and the rest for breastfeeding and postpartum women workers
2 nd). It comprises of 1900-1923, Birth of the Labor Law:
We agree that the end of the 1 st G. Mund. marks the birth of the Labor Law. Q This stage is characterized by being more streamlined, more enlightening in the legislative process x worry about social problems and the emergence of various social policy programs intensified state intervention in social matters. These include the following standards:
- Law on employers’ liability 20/1/1900 by accidents.
- L.27/2/1912 “Law of the chair,” stated the rest of the women employed in non-manufacturing establishment and should therefore be to have a seat.
- L.11/7/1912, prohibiting night work for women.
- Creation of the ILO in 1919
- Creation of the Ministry of Labour in 1920
- In 1922 he began to develop a scheme for accidents at work.
3rd) covers the dictatorship of Primo de Rivera (1923-1930).
During this period traffic will occur definitive DT social legislation, which will be consolidated in the Second Republic. It is a labor authoritarianism. Main specifications:
- First time a code was enacted 23/8/1926 Working with the collection of all labor laws, which is considered the starting point of the birth of labor law as an organic whole.
- DL.26/11/1926, Creating the Corporate Organisation (National Joint Committee was based entrepreneurs).
4th) The Second Republic (1931-1976).
It produces the definitive consolidation of the Labor Law were adopted many social laws of extraordinary technical perfection. The proclamation of the Second Republic on 14/04/1931 resulted in labor the Spanish labor law constitutionalization and proceeded to replace the corporate model of the dictatorship.
- The Republican Constitution of 1931, set for 1 st time in the history of Spanish constitutional right of free association and free association.
- The Employment Contract Act of 1931, which repealed the Labour Code of 1926.
- In 1931, would create the Central Labour Court and the Social Chamber of the Supreme Court.
5 second) the Franco period (1939-1976).
Revoked the Franco era all Republican legislation.
- Law of 09.03.1938, approved the Labour Law, a program containing economic and social development and established a new model of industrial relations which was authoritarian feature attribution to the state of full powers to set conditions.
- The Law of Labor Contract 26/01/1944, regulated labor relations and that. until recently was used as a subsidiary right.
- Industrial Tribunals were created and Inspection
- Social Security Act of 1966
- Trade union rejected the strikes and lockouts, considered a crime, the state was the only labor law regulating the way of the Labour Ordinances.
- Features that shaped the state in a model of labor relations:
- Monopoly in production state labor laws. The only one who dictated and regulated working conditions was the state.
- The suppression of freedom of association and trade unionism of class. There was no trade union pluralism only one trade union organization totally controlled x compulsory status and subject to the single political party of the FET and JONS.
- Deleted the manifestations of collective self protection in employment, abolition of the right to strike.
6th) the period following Franco . Subdivided into:
a) Political Transition 1977-1978
b ) The Spanish Constitution of 07/12/1978
a) A phase characterized in its ongoing political instability and reform labor laws:
- Labour Relations RDL.de 4/3/1977, this rule still strike issues regulated current (fundamental law which is still undeveloped), labor disputes, lockouts.
- L.01/04/1977, regulating the right of association.
b) With the approval of a new constitution will begin a new period laying the foundations for a new labor relations system whose cornerstone is the collective empowerment.
The state recognizes a class, workers, special protection, this protection is manifested in:
- It is recognized social rights of individual character, in addition to the ones they have as citizens. Are recognized: right to work and full employment, auto insurance quotes the right to a living wage, freedom of professional, social promotion, (art.35.1), rest necessary, paid leave, (art.40.2) to health and safety at work.
- It is recognized collective rights: the right to organize freely (art7.y 28), collective bargaining (art37.1), the right to strike (art.37.1).
The State agrees constitutionally regulate a Workers’ Statute (art.35.2)
7a) The constitutional post employment regulations (from 1978):
The first rule of constitutional development in work published in the Law of March 10, 1980, which approves the Statute of Workers, the soul of the rights and obligations of workers. That has been the subject of 07 partial reforms. Being the last of them is operated in the “Labor Reform” Act 10/1994 and 11/1994 of 19 May in which more than 50% of its content is changed and so has acted to approve a revised text of the Act in a text articulated ET RDL.1/1995 of March 24, incorporating all the changes to the original text of 1980.
- Basic Employment Act of October 8, 1980, whose content is on the promotion of employment, unemployment protection and employment services, as Denver Divorce Lawyer subsequently amended, the last of them the Law 10/1994.
- The Labour Procedure Act which was enacted in RDL521/1990 of April 27, contained a set of rules that regulate how we can exercise our best credit cards rights. The modifications of the same loyal following led to the adoption of a new revised text by RDL.2/1995 of April 7.
- The Labor Reform of 1994, L.11/1994, L.1/1995, culminating with, the Consolidated ET, flexible and delete rules q. established rights to promote collective bargaining.
Despite its apparent simplicity, the labor law is complex. Why it is advisable to have the services of a labor lawyer for any eventuality.
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