The most frequent questions are insolvency, receivership or bankruptcy, insolvency proceedings governed by the recent Act Frequently doubts come from the hand of insolvency situations
Employers, when they trade, they encounter a number of problems of a legal nature that can be framed within the different branches of law, basically the commercial and labor law, especially since the recent reforms undertaken by the Government, although the fiscal, administrative, civil and criminal law also has implications and relevance in business life.
The most logical is that different kinds of companies and organizations operating in economic transactions are legal opinions that support and that, despite the redundancy, the advice on these specific issues, especially when decisions are complex, with many edges, or involve risky decisions. The laws are constantly changing and it is really difficult for the employer to keep up on all the news emerging whereby certain guarantees to act and according to the law, the advisory service of legal counsel are critical.
In the field of labor law, the issues that matter most to the employer prior are the changes that have come from the hand of the reform of the Workers’ Statute and the Law of Social Jurisdiction. The lowering of dismissal and reduction in recruitment procedures have been the pillars of the reform course that the employer has tried to facilitate the development of their business.
With regard to commercial law, the most frequent questions come from the hand of the insolvency, receivership or bankruptcy, bankruptcy proceedings, regulated with the recent bankruptcy law, especially importing the liability of directors and the safeguarding of personal assets of the entrepreneur.
With regard to criminal law, offenses relating to intellectual property, the market and consumers, tax offenses, Corporate Offenses, Offenses against Public Finance and Social Security, Crimes against rights of workers … make clear the different realities to which the entrepreneur must face when carrying out their activities and of the obligations assumed by third parties.
In relation to offenses against the rights of workers and the Prevention of Occupational Risks content it also has a wealth of character and party liability.
In these cases, civil liability may be contractual (based on the employment contract) or tort (if there is no link), consist of the restitution of the property, or if not possible to repair the damage and the Compensation and material and moral damages.