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546,196 artículos
Año:
2019
ISSN:
2448-8933, 1870-8722
Díez Selva, Manuel
Faculty of Law of National Autonomous University of Mexico
Resumen
The article provides a broad overview of the general principles of Labor Law. These principles are typical of labor law and there are three, the principle of anthropy, the protective principle, and the principle of reciprocity. The author analyzes these principles from a philosophical perspective, with a special emphasis on human dignity, to achieve "(...) from the legal point of view, a kind of equalization between the employee and the employer in the employment relationship in dependence, to avoid possible abuses of the employer over the worker, in order to realize the realization of the virtue of justice in such a link”
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Año:
2019
ISSN:
2448-8933, 1870-8722
Barbancho Tovillas, Fernando
Faculty of Law of National Autonomous University of Mexico
Resumen
In the configuration of the patrimony of the trade unions in Spain, the cession of use of the assets of the accumulated trade union patrimony and the restitution or economic compensation of the goods seized from the trade unions due to the Civil War –historical trade union patrimony– play a determining role. Its regulation, the application by the Government and the jurisprudential interpretation for more than 30 years, has not yet closed all the issues.
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Año:
2019
ISSN:
2448-8933, 1870-8722
Villanueva, Francisco
Faculty of Law of National Autonomous University of Mexico
Resumen
This article analyzes the working conditions of temporary foreign workers in the agricultural sector of Quebec. In order to remedy the serious recruitment problems that have hindered the normal operation of this productive activity for many years, this Canadian province has chosen to hire temporary workers from Latin America and the Caribbean. Using data from different political and socio-economic actors (public servants, employers, workers, etc.), as well as reports from the Quebec inspection service and other documentary sources, our research team compiled a data set on the living and working conditions of foreign agricultural workers. Our analysis focuses on the concept of decent work postulated by the International Labor Organization. The way in which recruitment programs are designed, legal loopholes and the great asymmetry of power between the parties to the employment contract condemn employees to a status that is incompatible with the minimum protections associated with the concept of decent work.
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Año:
2019
ISSN:
2448-8933, 1870-8722
Marquet Guerrero, Porfirio
Faculty of Law of National Autonomous University of Mexico
Resumen
Social Security is a relatively recent discipline, considering that most specialists agree that its first clear history goes back to the last third of the 19th century, when Otto Von Bismarck promoted the first laws that created social insurance in Prussia. It was consolidated in an important way during the twentieth century and particularly in Mexico with the issuance of the first Social Security Law that came into force in January 1943, which was replaced by the second that came into force in 1973 and this in turn by the current one that began its validity in 1997, which for various reasons is the most important in Mexico. In this essay a panoramic synthesis of the content of this Law is developed, including the conceptual delimitation of the matter; the description of the current legal framework; as well as its normative structure and the specific content of the services and services provided in each of the insurances that are part of both the compulsory and voluntary schemes, in a language that is intended to be simple and that allows knowing the most important aspects of the Social Security Law in force in summary form despite its enormous complexity.
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Año:
2019
ISSN:
2448-8933, 1870-8722
Esquinca Muñoa, César
Faculty of Law of National Autonomous University of Mexico
Resumen
The 1917 Mexican Constitution dedicated article 123 to fundamental labour rights, and its section XX, called upon the Boards of Conciliation and Arbitration to resolve labour disputes. The Mexican Supreme Court of Justice determined the legal nature of such Boards, by ruling that they were courts with jurisdiction to resolve individual and collective labour disputes. The integration, function and jurisdiction of such boards were later regulated by the Federal Labour Laws of 1931 and 1970. Despite the multiple amendments to article 123 of the Mexican Constitution over the years, section XX had remained untouched, until February 24 of 2017th, when a new procedure for labour disputes was created. Such new labour procedure has two-tier foundation: a) there is a compulsory preliminary conciliatory stage, in which parties are required to come together at the negotiating table prior to standing before the labour courts; and, b) labour disputes are settled before the new federal and local labour courts, whereas Boards of Conciliation and Arbitration come to an end.
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Año:
2019
ISSN:
2448-8933, 1870-8722
Miñarro Yanini, Margarita
Faculty of Law of National Autonomous University of Mexico
Resumen
This paper examines the social protection regime of refugees and persons with the right to subsidiary protection. The treatment of Social Security, Health Care and Social Assistance that are exempted by the international norms, of the European Union -current and proposed- and Spanish internal ones are examined, highlighting the keys of its regulation and its most controversial aspects.
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Año:
2019
ISSN:
2448-8933, 1870-8722
Moreno Rodríguez, Ricardo
Faculty of Law of National Autonomous University of Mexico
Resumen
As a consequence of the limitations to people with disabilities for access to regular employment, self-employment and entrepreneurship are the alternative they choose to join to the productive occupational area. This paper analyzes the main initiatives in Spain aimed at promoting entrepreneurship and provides the main actions and results obtained by the Research Group in terms of promoting the entrepreneurship of people with disabilities.
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Año:
2019
ISSN:
2448-8933, 1870-8722
Delgado Blanco, Andy
Faculty of Law of National Autonomous University of Mexico
Resumen
The purpose of this article is to examine the right to the health in Venezuela with a view to the doctrine of the fundamental rights. In order to achieve that objective there was checked the Doctrine of the fundamental rights, the international instruments that regulate the human rights and the dispositions established in the Constitution of the Republic Bolivariana of Venezuela. The documentary realized demonstrates that this great letter considers to the health a social fundamental right, inherent in the human being linked to the life, and with a character universalist.
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Año:
2019
ISSN:
2448-8933, 1870-8722
García Viña, Jordi
Faculty of Law of National Autonomous University of Mexico
Resumen
The collective content of syndicate freedom in Spain is ruled by the Constitution in a limited way, as art. 28.1 refers only to national and international federation rights: “(...) the right of unions to form confederations and to found international union organizations or to join them”. It is, therefore, the Organic Law of Freedom of Association and the Constitutional Court in its various pronouncements that have defined the rights that correspond to trade union organizations in the exercise of freedom of association.
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Año:
2019
ISSN:
2448-8933, 1870-8722
García Ninet, José Ignacio
Faculty of Law of National Autonomous University of Mexico
Resumen
In this work, we have tried, in a very compacted way, to give an account of how the Spanish unions are financed after the Franco dictatorship. Taking the Constitution of 1978 as a starting point, and also international sources, national texts and collective agreements here we present the main funding sources.
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