Understanding Labor Laws: Overtime, Contracts, and Worker Rights

Overtime

Each hour of work performed on a working day beyond the contracted hours is considered overtime. It often results from unforeseen circumstances within the company. The maximum overtime allowed is 80 hours per year.

Types of Overtime

  • Structural: The employee agrees to work additional hours beyond their obligated hours.
  • Non-structural: The employee decides to work extra hours, rather than being obligated. These hours can be agreed upon at the time or in advance.
  • Overtime due to Force Majeure:
Read More

Consumer Rights and Supplier Obligations in Contracts

Adhesion Contracts

Clauses or provisions in adhesion contracts will not be effective if they:

  • Grant one party the power to waive or modify the contract by their own will or to unilaterally suspend its implementation.
  • Set price increases for services, accessories, financing, or charges, unless such attachments can be accepted or rejected.
  • Charge the consumer for the effects of deficiencies or administrative errors when they are not attributable to them.
  • Shift the burden of proof to the detriment of the
Read More

Understanding Intent: Direct and Eventual Malice in Criminal Law

Topic 24: The Forms of Guilt – Malice

Within the forms of the more burdensome guilt is fraud. All crimes covered by the Criminal Procedure are fraudulent, although it is true that between deceit and guilt are different scales. So, gradually be evaluated to determine if we talk about responsibility or liability willfully reckless. Thus, there are two kinds of guilt:

Tortious

Containing malice, intention. It has to have two elements:

1. Cognitive Element

Formed by two types of knowledge:

  • One, we know that
Read More

Industrial Property Rights: Patents, Trademarks, and More

Industrial Property

Intellectual Property

  • Copyright
  • Industrial

Corporate Name Brand X / Industrial X Business

Name-corporate (registered in the Commercial Registry Office of Records)

  • Mark (registration at INPI)

Understanding of Property

  • Middle Aged
  • Liberal Revolutions
  • Twentieth Century – Social Function

Concept of Property

It consists of a link between the owner and the thing, where it is submissive to the first, generating an obligation to third parties to respect it (Art. 5, XXIX, CF/88).

History of the Protection

Read More

Employer Obligations and Liabilities in Business Law

Theme 2: The Employer

1. Concept of Employer

The notion of an entrepreneur is a very important concept for the study of subjects referred to in company law and economic law. The term entrepreneur has come to replace the term trader, a term used in our commercial code of 1885. Entrepreneur has also begun to be replaced by other terms such as company or producer. We can define the entrepreneur as the natural person or legal entity in its own name professionally and exercises the activity of organizing

Read More

Understanding Legal Principles and the Rule of Law

Science and Law: Definitions

Science: A set of systematized knowledge, a feasible method for tracking and understanding why things are, statements in the light of reason.

Law: Integrated science for one set of rules that are legally encaminadas to regulate the conduct of men in a society.

Key Legal Concepts

1. Defining Law

Law is a set of legal rules, bilateral, externally heteronomous, regulating the conduct of individuals in society.

2. What is a Standard?

It is a rule of conduct to follow.

3. Defining

Read More