The labor law is that branch of law that is responsible for regulating and safeguarding the relationships that are established root of human work, which is carried out freely, in dependence and change of a counter-provision.
It is a set of legal rules that guarantee compliance with the obligations of the parties involved in an employment relationship. He himself understands work as that activity that a person develops through which he obtains the material or economic means to survive.
Advertisements
To develop and establish the pertinent justice, the labor law it is based on the Constitution, international treaties, employment contracts, law or regulations.
In this article you will find:
Labor Law as a Social Fact
As a social fact, work merits the establishment of relationships that are not symmetrical. The employer, who hires a worker, has greater strength and responsibility than the employee. Therefore, this branch of law tends to limit the freedom of companies in order to protect the weakest in this structure.
Advertisements
From what is understood, this right is based on a protective principle, unlike other branches of law that are based on a principle of legal equality. However, and despite the fact that this protective principle is the most important in this legal field, it cannot be ignored. the principle of reasonableness, applicable to both the employer and the worker and which establishes possibilities for both figures They can develop their rights and their duties with common sense, without falling into abusive behaviors that violate the rights of the other part.
Advertisements
In the same way, it is important to underline the value of the inalienability of rights. This premise establishes that no worker can waive the rights established by law.
Role of labor law.
- In the field of individual employment relationships, it deals with those relationships that arise from the individual employment contract between an employer and the worker, for which the law has established a legal framework in which a set of rights have been integrated that progressively enlarged.
- In the field of collective labor relations, it deals with the regulations of relations between groups of workers in their collective consideration, where the law has presented characteristics of State intervention, in order to control labor relations, allowing the existence of organs union, collective bargaining, right to strike, with freedom although certain limits are set to this collective autonomy through regulation strict. With the clear purpose of accepting the existence of these institutes, but limited to margins that prevent play an important role in the system of regulation of labor relations and in the protection of rights labor.
- In the field of social security: Workers are protected, financially, against the risks of illness, accidents, old age and unemployment.
- In the labor procedural sphere: Lawsuits are brought for non-compliance by any of the parties, and compliance with their rights is protected.
