What is the Hierarchy of Standards?

  • Jul 26, 2021
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In labor law, rules are generally applied in a hierarchical order, this is known as hierarchy of norms, which means that those with greater relevance will always prevail over those with lower rank, these They cannot be against what a standard that is superior says and must develop them for the simple fact of being lower.

In the company, the owner or president is the one who is at the top of the entire organization. In large modern organizations, there is no longer a single shareholder today, as the collective power of entrepreneurs generally It is delegated to a board of directors which establishes the rules that are put into operation by means of a general director and his / her delegates.

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What is the hierarchy of norms?

In this article you will find:

Principles of the hierarchy of norms

Within the principles of the normative hierarchy, some may be presented that limit its application in labor law. Among them we can mention:

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Minimum standard principle

These are the higher standards that establish minimums, which have to be respected by the standards that are lower, such as vacations.

Unwaivable principle of rights

Workers can under no circumstances be forced to renounce their labor rights recognized by law, by some type of agreement or by any rule that may be imposed on them.

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Pro-operator principle

In the event that any rule is interpreted differently by the interested parties, it must always be for the benefit of the workers.

Principle of the rule of greatest benefit in case of the existence of several rules

If there are more than two rules referring to the same subject in a different way, it is necessary to apply the one that can favor the worker the most.

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Principle of greatest benefit

If the employee enjoys some conditions that benefit him and then they are deteriorated, he must continue with the new conditions.

Order of the rules according to their hierarchy

The hierarchy-related labor law rules They are ordered as follows:

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  • The Magna Carta or Constitution, is determined as the hierarchical norm that has the greatest importance where the legal framework that the other norms must follow is determined.
  • At the second level of importance, there are all the international conventions and treaties, where some are forced to change their own laws so as not to distort themselves with them.
  • In the third place are ordered, the organic laws, legislative decrees and decrees of laws. In these types of regulations there is an order that must be notified by the government in power.

Collective agreements according to the rules of labor law

Collective agreements are established as rights of the labor system. These are mostly sectoral and apply only in some sectors of the economic system. These agreements are:

  • Within the agreements are labor contracts, which determine the employment relationship that each employee has with the company where he works. There are also the rights and duties that each agreement has when establishing its clauses agreed between the worker and the company.
  • The following standard focuses on manifesting professional practices and customs.
  • All principles related to worker's law can be applied in labor law.
  • If a certain problem arises between the labor standards, it is necessary that only those that benefit the workers are applied.

Importance of hierarchy

The society where we operate tends to have different ways of thinking, since each person has their own priorities, concerns and desires. among other things, in the same way the way of understanding their employment, achieving their objectives and achieving what they have proposed at a professional level or personal.

Many times the key is to obtain the support of another person or work groups that can help to achieve what is proposed. In this case, it is necessary to classify who are those people who can be of great support and through what functions they can do it.

Once this is done, the hierarchy can be mentioned, since they are fundamental for the order to be established of adequate power within the company and that the activities to be developed are executed in the best possible way shape.

It can be said that hierarchies are very important, since they are necessary to infuse the order of any action that has to be performed, that has been ordered and transmitted by the higher levels that in the end are the ones that have the power to make the final decisions to benefit both the company and the employees.

Another very important point of the hierarchy is that all those who work within the company have the possibility of aspiring to grow professionally to ascend to the higher levels of the organization.

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