The Constitutional Court annuls the method of calculating the retirement pension for part-time workers

The Judgment of the Constitutional Court of July 3, 2019 has annulled the current system of calculation of retirement pension for part-time workers, on the understanding that this system implies a violation of equal rights for full-time employees and part-time employees, as well as indirect gender discrimination against women. The aforementioned calculation system had two… Continue reading The Constitutional Court annuls the method of calculating the retirement pension for part-time workers

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Categorized as Labor

STOP unwanted advertising

Citizens have the right not to receive marketing messages or spam. However, many of us often endure advertising harassment, especially over the phone. To avoid this, we recommend that you sign up on an unwanted advertising opt-out list. Article 23 of Law 3/2018, of December 5, of the Personal Data Protection and Guarantee of Digital… Continue reading STOP unwanted advertising

Brief reflection on the challenge to a judgement and the opposition to an appeal proceedings

Article 461 of the Civil Procedure Law allows a judgement to be appealed by the party that initially would not have done so, but takes advantage of the fact that the other party does so. In this case a separate appeal is filed without limits as to its scope and effects. The reason for this… Continue reading Brief reflection on the challenge to a judgement and the opposition to an appeal proceedings

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Categorized as Civil

Constitutional protection: Absence of judicial control of unfair clauses that ignore the primacy of European Union law

The Judgment of the Plenary Session of the Constitutional Court (hereinafter TC) No. 31/2019, of February 28, dictates doctrine on the scope of the right of the respondent in enforcement proceedings to demand judicial control ex officio of unfair clauses in consumer contracts, based on an interpretation of the jurisprudence of the Court of Justice… Continue reading Constitutional protection: Absence of judicial control of unfair clauses that ignore the primacy of European Union law

Compensation for the commercial agent after the termination of the contract

The agency contract is one of those types of contracts that are governed by the mandatory rules of the law. Specifically, Agency Contract Law 12/1992, of May 27, is applicable. This law not only determines the contractual relations between the company and the agent during the duration of the contract, but also foresees the consequences… Continue reading Compensation for the commercial agent after the termination of the contract