Blog Abogados

Article 34.9. of Legislative Decree 2/2015, of 23 October, approving the recast of the Workers Status Act:

SPANISH CONGRESS CODIFIES AND STRENGTHENS THE STATUS OF TELEWORKERS:

On 9 of July 2021, the Congress of Deputies approved the law n°10/2021 on telework. This text clarifies the existing legislation and makes some changes.

An insurance contract is the agreement by which a party, called the insurer, is obliged to compensate for a damage or to pay a sum of money to another party called the policyholder, upon verifying the eventuality foreseen in the change and in exchange for payment of a certain agreed price.

The trial period within a contract, set out in article 14 of the Workers' Statute, consists in the possibility for a company to have the right to dispense with a worker because he considers that he is not in a position to perform his job function well .

In professional practice, conflicts between partners and company administrators may occur, giving rise to the possible classification of conduct as crimes of unfair administration.

The promissory note is a document that assumes the promise of payment to someone. It must contain the agreed conditions between the two parties that is: the fixed amount of the payment and the deadline for making it.

Article 1.1 of the Law on the Status of Autonomous Work of 2007 defines the ordinary self-employed worker as « natural persons who carry out in a habitual, personal, direct way, for their own account and outside the framework of management and orga

Concerning the crime of incest, Spanish law takes up the basic type in article 47 of the Civil Code where it specifies that cannot marry between them the « parents in direct line by consanguinity or adoption, nor collaterals by consanguinity up to

In criminal law, article 205 of the Criminal Code article 205 of the Criminal Code defines slander as « the imputation of a crime committed in the knowledge of its falsity or as an indiscriminate disregard for the truth ».

The dismissal is defined as the termination of the employment relationship between the employer and the employee.

Article 237 of the criminal code that punishes the crime of theft, highlights two types of robberies, theft with force on things and theft with violence or intimidation.

The Civil Code, in its 1981 amendment, introduced the legal concept of divorce : when two persons united by marriage can end their relationship, dissolve the common economic society, and remarry whomever they wish.

Differences with marriage separation:

Relation of the main crimes with direct connection with the regulatory compliance of a commercial company established in the arts. 31, 31bis.

Article 50 of the Spanish Civil Code enshrines the concept of marriage of foreigners in Spain.

Criminal law defines domestic violence in its article 173.2 of the Penal Code as the practice of « regularly physical or psychological violence against one who is or was his spouse or on a person who is or who has been bound by a similar affective relationship, even without living together, or on

Labour discrimination crime

Criminal law punishes the crimes of illegal marriages in the articles 217 to 219.The criminal code provides for three cases of illegal marriage.

Penalty for the crime of illegal marriages: from six months to one year in prison.

Criminal law defines the offense of exhibitionism in article 185 of the Penal Code as « to execute or cause to be carried out to another person acts of obscene exhibitionism in the presence of minors or persons with disabilities in need of protection special ».

Spanish Labor Law states in article 48.4 of the Workers' Statute that « the suspension shall last sixteen uninterrupted weeks which may be extended in the case of multiple births by two additional weeks for each child from the second ».

Crime of false testimony / Criminal law

Criminal law punishes the crime of false testimony whose basic type is defined in article 458 of the criminal code.

Penalty for the crime of false testimony: from six months to two years in prison

Crime of procedural fraud / Criminal law

Criminal law punishes the crime of procedural fraud that is defined as an aggravated type of the crime of fraud and that is included in article 250.1.7 of the criminal code.