Annual Holiday and Permits: Understanding Your Rights
Annual Holiday Concept
According to the laws governing holidays, you can conceptualize it as a benefit which by law is given to workers with more than one year of service, to enjoy a break entitled to pay.
Annual Holiday Features
The holiday has the following features:
- It must be paid.
- It is continuous.
- It is waived.
- It is counted in days. (Art. 69: For the purposes of the holiday, the Sabbath will always be considered unqualified.)
- As a general rule, it is not compensable in money.
Basic Classification
Read MoreRegulations for Authorized Stalls and Alcohol Sales
Authorized Stalls
There is no violation of article 15.2 f) of the LVA as vendors are covered by their authorization. Guidelines to follow, depending on each municipality, would basically be:
- Ensure compliance with traffic closing shots in the area.
- Divided control of the parking lots (public traders).
- Ensure that authorization or a certified copy is displayed in a visible area.
- Check that the sale is made by the owner or authorized persons.
- Confirm that the location is allocated in the authorization.
- Timeliness
Brazilian Code of Criminal Procedure: Appeals
Article 581: Decisions Subject to Appeal
An appeal, in the strict sense, may be filed against the following decisions, orders, or sentences:
- I – That do not receive the complaint or the grievance;
- II – That conclude for the incompetence of the court;
- III – That uphold exceptions, except for suspicion;
- IV – That pronounce the defendant;
- V – That grant, deny, arbitrate, revoke, or deem bail unsuitable; refuse an application for probation; or revoke a decision to grant bail, jail, or release on own recognizance;
Bankruptcy’s Impact on Contractual Obligations
D) Effects on Contracts
a) A company may be declared bankrupt if it cannot fulfill its contractual obligations. The resolution of contracts concluded by a common debtor before the bankruptcy date is a principle with special force. This principle aims to maintain the validity of contracts.
b) The principle of maintaining contracts is not absolute. Bankruptcy can be a legal cause for contract termination. Parties may also agree to contract termination in the event of bankruptcy. Furthermore, the principle
Read MoreBreach of Contract: Legal Remedies and Enforcement
Remedies for Breach of Contract
- 1. Petition or Action for Compliance (Acción de Cumplimiento): Legal Action to Require Contractual Performance
This is the legal remedy used by the creditor to demand the fulfillment of the obligation before the court. The creditor sues the debtor and claims their right by filing a complaint against the debtor. For instance, the lender demands the borrower to pay back the money.
- A total or partial breach, or a defective performance, is sufficient for an action for compliance.
Contractual Inefficiency: Nullity, Voidability, and Dissolution
The Invalidity (Absolute Nullity)
It is characterized as automatic, absolute, structural, original, and irremediable. Absolute nullity occurs when an essential element of the contract is missing or when the contract contravenes imperative rules. A radically null contract does not produce any legal effect.
Various causes can lead to the declaration of absolute nullity:
- Lack of any of the essential requirements: consent, object, and cause of the contract.
- Breach of any of the requirements of the contract’