Labor Law.

          The objective of employment rights is to contribute to increasing the options of incorporating and maintaining workers in the workplace while simultaneously providing flexibility and job security.

In terms of macroeconomics, selective action on supply and demand, as is the case of private initiative, contributing to mobility to sectors with sufficient demand or direct job training, make it possible to reduce imbalances in the labor market.

The main objective of the established policies is to solve the inequality present in the labor market, considering the diversity of groups that participate in the market. In addition, they seek to develop a good system that operates as an intermediary between supply and demand, implementing measures of a different nature.

It encourages the implementation of actions that optimize the training and education of young people, and that in turn they can obtain a profession and advance in the professional level of an adult.

They will help you to analyze the measures related to orientation, training and work experience, making a special effort to improve the operation of employment programs aimed at immigrants.

The measures to be implemented affect the labor market for its growth, reduce unemployment, and provide economic incentives for hiring. There are also actions aimed at significantly improving the adjustment processes in the short and medium term, between supply and demand.

Promoting the formation of assets, mobilizing the geographical location of the workforce, improving the intermediation between supply and demand in the labor market. In Spain, employment policies for immigrants are contextualized in the European Union model and in the decentralization of functions and services that concern them.

 The regulations help to enter and keep immigrants working by mixing time, flexibility and job security. Taking into account the current labor law, one of the key factors in this complex Spanish labor market is the well-known “migratory phenomenon”.

Which has made it possible to make important changes to employment in Spain. One of the goals of the law is the coordination of employment, taking into account external and internal immigration, equal opportunities and non-discrimination.

These laws would rest on three main axes such as orientation, employment and training. Taking into account these three main lines, it’s where the insertion of the immigrant worker in the Spanish labor sector is considered.

Active employment policies are aimed at the group of unemployed in the labor market, self-employed or employed, and the adaptation of training and requalification for the employment of workers.

Being part of a situation in the Spanish labor market has a double problem in relation to the sector of immigrant workers, and that’s that there’s not enough employment to satisfy the respective needs of all, which, by the way, are very important for Spain.

This is all the more important considering the high level of professional training that can be found in the immigrant workforce. From a general point of view, certain flaws in government policies are noted. Since many of its actions lack analysis in aspects such as job creation, stability and the unjustified use of temporary contracts.

Taking into account the new forms of business organization of work. Increasing the employment rate for immigrants and participation in the labor market is a top priority. But so far that have achieved few objectives.

We recommend promoting with greater intensity actions to favor employment in young people of foreign origin but born in Spain, of elderly workers who arrived as immigrants who did not take advantage of their experience in the Spanish business context.

Labor immigration in Spain is something relatively new that presents opportunities and challenges in the socio-labor aspect. Although concrete actions have been taken, they have not been sufficient due to certain loopholes that cannot be legally sustained.

It’s committed to the knowledge economy that favors constant training throughout the working life. Since it’s the best way to ensure the professional qualification required by the job market. That is why we consider that employment policies and public employment services aimed at immigrants are very necessary and cannot be postponed.

To help the immigrant to be successful, the option of revaluing some labor institutions and optimizing their operation and the participation of immigrants in these entities is being studied. Initiatives should be originated for immigrant workers to be able to have a go and vote in organizations such as: the Consultative Commission for Collective Agreements, the National Commission for Health and Safety at Work and the Labor and Social Security Inspection.

Recent active instruments of an industrial nature are being strengthened, which presents a great challenge for the formation of employment and wealth in this highly globalized world. Government authorities create industrial policies to favor high-tech investments and thus avoid, as far as possible, unjustified labor restructuring.

Therefore, it’s necessary to encourage the participation of immigrant workers, motivating detailed analyzes of the industrial sectors through observatories that have a point of view of defending the rights of immigrant workers.

The government began a staged recovery of the minimum wage for immigrant workers to reach 1000 euros per month. Future revisions of this are pending, considering that the Spanish economy depends more and more on the immigrant workforce.

The European model is based on the active participation of workers in matters related to labor decisions of companies. So current employment policies for immigrants ignore this until now.

For this reason, our goal will always be to avoid at all costs that the immigrant worker is ignored, that he’s not marginalized to a secondary role in what has to do with his participation in the heart of the most recent structures of the Spanish companies in the sector private.

In Spain there’s a lot of mobility in certain sectors. Dismissal is common and the Law grants the worker a certain amount if the company decision is not justified.

Civil and family law.

The family is also legislated by law since it’s considered a legal institution. But it’s also social, because it’s a base of the state. Although there is no definition for it in the Spanish constitution.

However, we can tell you that the family is defined as a set of people related to each other physically, by conjugal or kinship ties. We consider that they’re human beings who meet the requirements for their personality to be recognized.

 For what is considered born, the fetus that has a human figure and is capable of living 24 hours completely separated from the mother. More isn’t the case of the deceased, because they stopped being people, subjects of law.

In such a way, that the civil personality as such ceases to exist due to the death of individuals. So, as only natural persons are spoken of in the law. It can be said that legal persons are outside the concept of family.

Family law consists of a set of legal rules of private law that legislate the family in all aspects. Above all, in three aspects: norms regarding couple relationships, filiation and legal guardianship institutions, such as: parental authority, guardianship and conservatorship.

Regarding marriage, it refers to its celebration, personal and economic effects, that is, matrimonial property regimes and crisis situations, such as nullity, separation and divorce. In turn, filiation involves the matrimonial, extramarital and adoptive.

Guardianship and curatorship are related to the custody and protection of minors or disabled persons not subject to parental authority. In Spain, the family is not given a specific and unique treatment, which is why it is believed that it has a model similar to the Roman one.

Characteristics of Family Law.

The ethical part contains many ethical precepts that have become legal. This explains why in family law there are precepts that are sanctioned and others that are not. Family public order, there are elements of public order that have been compiled in the constitutional text.

There’s a special interest in maintaining the family institution and giving it a meaning so that it’s not left to its own strength and initiative. This is one of the reasons why some state agencies intervene favorably in relation to Family Law by providing guidelines on family policy.

The transpersonalist character, in family relationships, the interest in the family stands out over anything else. It’s imperative in nature, which somewhat limits the autonomy of the will. Although it’s not completely removed, it’s clear that the limitations imposed in this case are more notable than in comparison with others.

Constitutional statutes related to family law.

Both men and women have the right to marriage with total legal equality, assuming that it is the law that regulates the types of marriage, age and capacity to marry, rights and duties of the married couple, causes of separation, dissolution and effects.

All public powers guarantee the social, economic and legal protection of the family and children. So they are considered equal regardless of affiliation. The right to honor, personal and family privacy and self-image is guaranteed.

In fact, the law limits computing in order to ensure the honor, personal and family privacy of citizens and the full exercise of their rights. Regarding the religious-moral formation of the children, it’s guaranteed that the parents themselves transmit the religious and moral formation to their children in accordance with their own beliefs.

With regard to remuneration for work, every citizen has the responsibility to work and to freely choose a profession or trade and a salary commensurate with the purpose of being able to cover their own needs and those of their family.

The principle of equality between all kinds of filiation is established and the different ways of determining marital and non-marital filiation are preserved, allowing free investigation of paternity.

Parental authority is organized as a dual function shared with both parents and the usufruct of the parent over the children’s assets is eliminated and the administration of these is quickly legislated.

The economic regimes of marriage are also addressed, and the need to differentiate the typical and atypical content of capitulations is established. The civil code has kept different and separate antenuptial and post-nuptial donations, it has even been managed as a community property.

The property separation regime has been standardized by the civil code, possessing an evident sense of sanction. On the contrary, currently most marriages are governed by this economic system, since in the event of a marital crisis it would be easier to determine that it corresponds to each of the parties involved.

At present, there are three matrimonial property regimes in Spanish law: the joint property company, the separation of property and the well-known profit-sharing regime. In addition, the civil code declares that the marriage could be dissolved by death or declaration of death by either married person, or by divorce, which is introduced as a cause for termination of the marriage.

That said, it can be assured any of the spouses can file for divorce without cause.

So, separation and divorce should find a solid reason in some of the aforementioned causes. The guardianship system is based on two solid principles: the model of family guardianship is left and a model of guardianship of authority is established that leads us to place guardianship institutions, under the protection of the judicial system.

Second, the unique conception of guardianship institutions is reaffirmed and a system of plurality of legal protection is acquired, which, together with the guardianship and extension to the guardianship bodies of the image of the judicial defender, allows the legislation of guardianship restoring it in our law since the civil code had eliminated it as an autonomous body, although its function was carried out in other ways.

The current adoption statute is governed by the civil code and to prevent child trafficking, ensure that those who adopt are suitable and that the adoption is a benefit for the minor, a principle of administrative control of adoptions is established. In such a way, that, to initiate an adoption file, a prior proposal from the public entity is required as a basic rule.

So the adoption doesn’t cause a simple relationship of filiation between the adopter and the adoptee. But it also gives rise to a complete kinship relationship between the adopted minor and the relatives of the adopted child.

The principle of primacy of the minor’s interest is established as a fundamental rule in the legal ordering of adoption. Therefore, the interest of the minor becomes a basic and conditioning interest of the judicial resolution establishing the adoption bond.

Immigration Law: Rights and Duties

When someone is planning on moving to another country with the intention of staying there pemanently, it is called immigration. By looking forward to settle down in a new country, willing to start a new life there, finding a job or a place to study, you become an immigrant.

But, becoming an immigrant involves plenty of other things than just willing to live somewhere else besides your country of origin. To be considered an immigrant, there is a whole process that counts with a number of steps you must follow to the letter.

Traveling to another country as a tourist or a foreign Student doesn’t make you an immigrant. Actually, there are predetermined profiles that are given to travelers depending on their intentions, on how long they are planning to last for their visit and what they are going to be doing.

There is where Law plays its important role when a country considers whom to receive in their country and who isn’t allowed. There is an application process that follows a certain step by step program.


Depending of the country where you are planning to immigrate, these policies may change, even though, most of them follow a pretty similar guide. In Spin, the main ways to access a residence card are: through your international employer as a qualified worker; as a student in an international studying program; after spending a certain amount of time in Spain or, finally, because you have a relationship with a EU citizen.This Application Process in Spain is mostly processed online and the authorities in charge will review their financial information that may give the authorities an idea of this person’s background and aspirations; a criminal background check and a Medical examination in some cases.

Each country’s embassy and consulate counts with its own rules and regulations for their application process to grant someone a visa, the main step is going through the interview policy procedure.

Spain is quite restrictive in their Immigration Law. Most people access their legal residence through family relationships with nationals or EU citizens or after a period of illegal stay.

Our recommendation is that you ask for legal advice and have a clear understanding of your options before taking any decision.

 

Criminal Law

The Spanish criminal system is based on the Criminal Code and the Constitution. Any person persecuted has to have legal defense from the first moment.

Any decision can be reviewed specially those regarding the right to freedom.

The initiative of the process is reserved to the Attorney General, which is a highly structure public office.

The process is divided in two phases: the inquiry phase and the oral trial.

In general, Spain has moderate to severe penalties for criminal infractions: a form of life imprisonment is in place since 2015.