Spanish Labor Laws: Key Rights and Obligations
Article 1.3 of Royal Legislative Decree
Public Service Relationships and Collective Agreements
Article 1.3 of Royal Legislative Decree 1/1995 (revised text of the Workers’ Statute) excludes public service relationships from its coverage. Collective agreements apply to non-public service employees, not public service workers.
Paid Annual Leave
Agreement vs. Contract Discrepancy
While the Workers’ Statute mandates a minimum of 30 days of paid annual leave, if a collective agreement provides for 35 days
Read MoreCriminal Procedure: Key Terms and Concepts
Preliminary Investigation
Key Aspects of Preliminary Investigations
- Institution of Investigation: A preliminary investigation of criminal acts may be instituted based on legal grounds, charges, or accusations.
- Prosecutor’s Time Period for Organized Crime: The appropriate public prosecutor has 96 hours to investigate a defendant involved in organized crime offenses.
- Right to Counsel: Any person providing evidence based on their knowledge of the facts may be accompanied by an attorney or a trusted individual.
CADE and Regulatory Agencies in Brazil
CADE (Administrative Council for Economic Defense)
What is Law 8884/94?
This law, known as the Competition Protection Law, prevents and punishes offenses against the economy based on free enterprise and free competition. It ensures the prevention and prosecution of abuses of economic power.
What is CADE?
The Administrative Council for Economic Defense (CADE) was created in 1962 as an organ of the Ministry of Justice and became a federal agency linked to the same Ministry in 1994. CADE guides, investigates,
Read MoreSpanish Civil Service: Structure, Access, and Rights
Spanish Civil Service
Constitutional Principles
- Merit and ability are crucial for entry into the civil service.
- The right to organize and strike is guaranteed, with specific considerations for officials.
- A system of incompatibilities exists for employees.
- Impartiality in public service is ensured.
- Reservation bills apply to the status of public officials.
Types of Public Employees
Career Officials
Career officials hold permanent appointments, perform services outlined in official templates, and receive salaries
Read MoreImport Customs Clearance Documentation
Clearance Documents
Customs clearance documents are required to finalize the import of goods.
Shipping Documentation
The number and type of shipping documents depend on the laws of both the exporting and importing countries.
Classification of Clearance Documents
Clearance documents are classified into two groups: a) Foreign documents and b) National documents.
Foreign Documents
Foreign documents are issued abroad by individuals or corporations involved in international trade.
Fundamental Documents Essentials
Read MoreMedieval Spanish Legal Systems: Castile, Aragon, Valencia, Majorca
Castilian Law
Local Charters (Fueros)
- Early fueros granted to towns established population foundations and settler conditions.
- Fueros provided extensive legal frameworks for public, private, criminal, and commercial matters.
- The king confirmed existing Mozarabic law (Liber Iudiciorum) for private and procedural issues.
Social Classes and Law
- Nobles had privileged legal status and tax exemptions, subject to royal court jurisdiction.
Royal Legal Reforms
Fernando III
- Aimed for legal unification, translating