At AYCE Laborytax we are aware of the important role that legal certainty plays within the business sphere, but also that it is a question of a concept unknown to many entrepreneurs. Therefore, through this post, we will try to clarify all the doubts that may exist in this regard, emphasizing the importance of this principle for companies.
What is legal certainty?
“Legal certainty refers to the certainty that an individual has regarding the applicable legal system, with the aim of clarifying and avoiding regulatory confusion.”
When we talk about legal security we refer to a right that every individual has,which is contained in article 9.3 of the Spanish Constitution, which establishes a series of control mechanisms that allow to guarantee the security of a person at the legal level.
Through legal certainty, a person has the guarantee that all their belongings, relatives and rights will be protected by the different laws and authorities. In addition, in the event that any legal procedure occurs, the individual will also have the certainty that it will be carried out in accordance with the provisions of the legal framework.
Legal certainty also refers to the knowledge and certainty that a person has, regarding what the law stipulates as permitted, and not allowed,as well as what are the relevant procedures in each case based on the Spanish Constitution.
“Legal certainty can be defined as the predictability of the legal consequences of acts or conduct.”
In addition, legal certainty guarantees that in the event that any of a person’s rights are violated, the State will be responsible for resolving that situation.
In short, we could say that legal certainty focuses on the predictability that a person has, after knowing and understanding both the different rules that they must comply with, and the legal consequences that they will have to face if they do not do so.
How can legal certainty be transferred to a company?
Once we know what legal certainty consists of, we will see why it is important to transfer it to the business world.
The first thing that must be said in this regard is that in order for the activity of a company to be able to develop with a total guarantee, it is essential that the rules are completely transparent,as well as that employers know them in detail, in order to avoid their non-compliance.
Therefore, if a company wants to secure its future and be sure that it will comply with all the rules, it must pay particular attention to legal certainty.
It should be borne in mind that the rules are constantly changing,and that it is not always possible to be aware of these changes. Therefore, it is best to have professional legal advice, since it is the most effective way to be warned and avoid possible labor disputes,which in many cases occurs, due to the ignorance of employers.
Through legal certainty, a company may have a preventive framework that allows it to comply with the different requirements set by law, and try to shield itself against any type of conflict with an employee, customer or supplier.
In addition, thanks to legal certainty, any company will be in a position to measure the productivity indicators of its employees,which will allow it to constantly optimize itself and reduce the possible patrimonial risks, in case any type of legal problem appears.
In short, legal certainty is a globally recognized right,which refers to those rules that an individual or a company must comply with. Also to the possible consequences that they would have to face in the event of non-compliance with these rules.
For a company to know in detail the legal security of its field is crucial, so from AYCE Laborytax we make available to all those companies that need it, our team of legal advisers, which will be responsible for offering a complete and effective advice, with the aim of ensuring compliance with all those mandatory standards.