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What can the dismissal of a worker in a situation of Temporary Incapacity mean for companies?
On July 14, the Law 15/2022, of July 12, came into effect. This law aspires to be the backbone of anti-discrimination law in our country, extensively developing various fields of action derived from Article 14 of the Constitution, which aims to guarantee and promote the right to equal treatment and non-discrimination of people.
Deposits Vs down payments: A dangerous confusion
There are few legal terms as casually used as these two. Not surprisingly, they are often incorporated as "almost-standard" clauses in thousands of sales contracts, without realizing the legal and economic consequences that the inclusion of one term or the other may entail for the signatories.
Cooperative Societies. Cooperativism is the most significant and traditional social economy formula in Catalunya.
When initiating an economic activity, one of the aspects to consider is the most appropriate legal form for the activity we intend to carry out. If ours is a shared project, and we want the people involved to be able to vote and decide on the decisions taken, based on the principle of one person, one vote, then the most fitting formula is likely to be a cooperative. Cooperativism is the social economy formula with the most weight and tradition in Catalunya. As of December 2021, there were a total of 4,521 cooperatives in Catalunya, employing 45,417 people, with a combined turnover of 4.5 million euros.
At Grup Carles, we accompany and advise cooperative and social and solidarity economy projects
Recently at Grup Carles, we renewed the Seal Aquí Assessorem l’Economia Social (Here We Advise the Social Economy), which certifies that we have undergone specific training in the social and solidarity economy. This training allows us to achieve fiscal, labor, and legal specialization in the cooperative model and certifies that we know, work with, and are networked with the cooperative movement and public administrations.
Banking, consumers and the European Court
The European Court has responded to the questions raised by the Barcelona Court of Appeal in the sense of specifying the time limit applicable to the claim for mortgage expenses.
The second chance mechanism: another future without debt is possible
Yes, debts are not for life; debts can be canceled, and a fresh start can be made.
The second chance has been in force since 2013 for individual entrepreneurs and since 2015 for any non-entrepreneurial individual. It may not be, from a technical point of view, and in my opinion, the best possible second chance law, but it is a law that allows for the exoneration of debts, and that is what is important. The law must be useful and functional, and for this reason, it must be utilized so that thousands of over-indebted, insolvent individuals can achieve the exoneration of their debts and start again as active members of society.
Ensuring the criminal liability of companies
Until 2015, legal entities (limited or public companies, political parties, associations, etc.) could not be subject to criminal liability. In other words, they could not be convicted for committing a crime. This changed with the reform of the Penal Code, which opened the door for certain crimes to be directly attributed to the legal entity, in addition to the natural person who committed the criminal act within the organization.
Debt Recovery
Carrying out proper debt collection management is essential for all businesses. This is more evident in exceptional circumstances like the present, where cash flow is the focus of any company and managers and owners realize its importance for business survival. Often, this task becomes laborious for many of them, who have to deal with clients who fail to meet their payment commitments, leading to financial problems for their business. This can affect their growth, as sometimes they must resort to alternative financing sources to continue existing and, in the worst case, can be dragged to closure due to lack of liquidity. For this reason, it is very important that every company has a debt collection policy, implementing methodologies that allow it to be more effective and, consequently, avoid the serious problems that delinquency entails.