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Professional Risk Legislation - Coggle Diagram

- - - - Written Constitution: a document that sets out the fundamental principles on which the organization, the limits and powers of the State rest, as well as the duties and rights of individuals; it is the specific text that contains all or almost all of the basic rules.
        
        Unwritten Constitution: also called customary constitution, there is no specific text containing all, or almost all, of the basic rules.
        
        The Political Constitution of the Republic of Panama of 1972, reformed in 1978, 1983 and 1994, in its article 1, defines the Panamanian State as follows: "The Panamanian Nation is organized in a sovereign and independent State whose name is Republic of Panama. Its government is unitary, democratic and representative".1 This constitutional definition specifies that Panama is a nation-state, a historical and political concept that encompasses a population and implies sovereignty and specific forms of government.
        
        The government, the essential element of the State, is a large apparatus of men constituted to govern this political organism. The forms of government have varied throughout history. In the present, there is the great difference between monarchical and republican governments. In the former, there is a hereditary head of state, and in the latter that head is elected for a defined period.
- - - - Ordinary: These are the laws that regulate specific cases, such as those in numbers 5, 6 and 17 of the article mentioned above. Using each classification of the laws issued by the Assembly, different sources that the laws propose can be observed. Depending on whether the laws are organic or ordinary, different entities may propose them. These entities are also established under Article 159 of the Constitution.
        
        The formation of a law comprises a process in which three main stages stand out:
        
        The approval of the Legislative Assembly. This requirement is fulfilled after a series of discussions that take place within the same Assembly, where a certain number of Legislators approve the law that is in the process of being sanctioned.
        
        The sanction of the Law by the President of the Republic. At this stage, a free act by the President of the Republic is required, a signature approving the law he issued in the Legislative Branch. The President has the power to retract the signature of said document, passing, in this case, the responsibility of said signature to the President of the Legislative Assembly. It should be noted that the sanction is a necessary element for the existence of the law.
        
        The enactment of such a law. This requirement is totally obligatory and must be carried out within a determined period of time. Through this act it is affirmed that the law has, until that moment, the characters to be catalogued as such. After it has been approved by the Legislative Assembly and submitted to the due sanction by the Executive, the law is given executive force and proceeds to its publication.
        
        Approval of the Assembly:
        Returning to the organic and ordinary laws, it should be noted that, according to the last paragraph of Article 159, a vote by the members of the Assembly is required for the issuance of such laws within the Legislative Assembly. Each type of law (organic or ordinary), requires different types of vote.
  - - - distinction between public and private law other jurists claim that labor law constitutes a new and independent third genre. They therefore assign it a Sui Géneris nature.
        The most acceptable solution from the scientific and philosophical angles based on the subjects and ends of the legal relationship is the one that keeping the substance of Labor Law unaltered attributes it a dualistic or mixed nature.
        
        It is a legal branch differentiated from the others, because it refers to the legal relations established between certain persons (workers) who put their physical or intellectual activity, in a subordinate way, to the service of others who remunerate it (employers) and to those of the latter and those with the State, in its character of sovereign entity, holder of the social coercion.
        
        It is an autonomous legal branch because it contains its own doctrinal principles and legislative specialization, independent of common law.
        It consecrates the modern dignifying conception of work as a social function, to separate it from the sphere of purely patrimonial relations that considered it a simple merchandise.
        
        Labor laws are public policy. In order to specify this characteristic, it is necessary to determine the legal concept of public order, so as not to confuse it with Public Law. In the latter, the State, a sovereign entity, is the subject of the legal relationship and the proposed purpose is the general interest, whose fulfillment is mandatory.
        
        Legal autonomy: Labor law reveals legal autonomy, because it has: Doctrinal principles of its own, different from those of traditional law, which complement and serve as a foundation for positive norms.
        
        Public and Private Law.
        Labor Law has especially relations and interferences with the diverse branches of Public and Private Law, on which it has influenced during the course of its evolution, modifying traditional concepts and introducing forms in its institutions by means of the socialization of the freedoms that do not exist only for the benefit of the man, but also for the society of which it forms a part.
- - - - The Social Security Fund shall be responsible for the administration and management of the Social Security System in accordance with the National Constitution, the relevant laws and regulations, and shall cover the risks of illness, maternity, disability, old age, widowhood, orphanhood, funeral assistance, work accidents and occupational diseases.
        
        The Social Security Fund defines us as Professional Risks:
        For the purposes of this insurance, an accident at work is any bodily injury or functional disturbance that the worker suffers, either in the execution, on occasion or as a consequence of the work, and that such disturbance is produced by the sudden or violent action of an external cause, or of the effort made.
        
        The accidents suffered by the Public and Private Employee, under the following conditions: When he is executing orders of the employer or providing any service with his authorization, even when it occurs outside the place or time of work.
        When he suffers it inside the workplace, outside working hours, it may be before or after working hours or in the workplace because of his obligations.