Law has welcomed, in its positivation, the economic worries of investment attraction and incitement to free enterprise, adopting the possibility of several ways to autonomize the assets of companies from the assets of... more
Law has welcomed, in its positivation, the economic worries of investment attraction and incitement to free enterprise, adopting the possibility of several ways to autonomize the assets of companies from the assets of entrepreneurs or partners (in the case of commercial companies).
But this civilizational acquisition of Law has been used, sometimes, to opposite purposes of those taken into view by the legislator, or in a manner in such a way offensive of good faith or good costumes, that sets a real abuse of Law.
In the workplace, the possibility of creating new companies, extinguishing those where the workers labored or, using the employer power and/or economic dependence of these, making them go between different employer entities has led to the workers seeing themselves affected in the guarantee of their claims, the recognition of its antiquity or others legitimate interests (like the resorting to the Wage Guarantee Fund).
This is particularly sensitive and worrying in times of economic or financial crisis, reclaiming of law enforcers the resource to legal means or mechanisms with some creativity and boldness, not always with an easy substantiation, but no less important to reach justice in the specific case.
It is the case of the figure or thesis of the disregard of legal personality, naturally subsidiary and not private of the working environment, but whose call, adaptation and application to this environment can be extremely useful and even essential.
But this civilizational acquisition of Law has been used, sometimes, to opposite purposes of those taken into view by the legislator, or in a manner in such a way offensive of good faith or good costumes, that sets a real abuse of Law.
In the workplace, the possibility of creating new companies, extinguishing those where the workers labored or, using the employer power and/or economic dependence of these, making them go between different employer entities has led to the workers seeing themselves affected in the guarantee of their claims, the recognition of its antiquity or others legitimate interests (like the resorting to the Wage Guarantee Fund).
This is particularly sensitive and worrying in times of economic or financial crisis, reclaiming of law enforcers the resource to legal means or mechanisms with some creativity and boldness, not always with an easy substantiation, but no less important to reach justice in the specific case.
It is the case of the figure or thesis of the disregard of legal personality, naturally subsidiary and not private of the working environment, but whose call, adaptation and application to this environment can be extremely useful and even essential.
