The individual work relationships They are legal notions of universal use, with which a relationship can be established between a citizen who is related with the salary and another that is related to the employer, this provides the work under certain rules and conditions in exchange for a remuneration.
Through this work relationship, regardless of how it is defined, is how the creation of the rights and reciprocal obligations that are established between the employee and the employer.
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This relationship has been and will continue to be the fundamental means to achieve access to all rights and benefits that are linked to work in the field of labor and safety law Social.
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In this article you will find:
Objective of individual work relationships
The main objective of these relationships is based on the individual employment contract, Regardless of the formation or denomination it has, it is about the virtue that a person by providing their services to another person on a mandatory basis in order to receive the payment of a salary.
If a person is given the responsibility of providing subordinate personal work to another person and paying a salary, the name that it has is indifferent, since there is an employment contract and it will have to adapt to the rules labor.
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The importance of a contract in labor law, indicates the verification of the existing link between the worker and the employer, it will be carried out by means of a voluntary agreement, even when in some cases it is express or to an assumption.
This type of contract may contain multiple legal effects, regardless of whether the employer does not present the service.
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Subjects of individual employment relationships
Among the work ties, regardless of whether they are individual or collective, the subjects found in this relationship are:
The boss
It is the physical or moral individual who uses the services of one or more employees. If the worker complies with the agreement and uses the services of other additional people, the employer will be the same for both him and the other contractors.
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The worker
It is the person hired and who provides his services to the employer. These services or jobs comprise a human, material and intellectual activity, related to the technical capacity needed in each profession or trade.
The surrogate pattern
It is the person who replaces the employer and accepts his position to transmit the obligations. In the legal term, this person replaces another to fully assume the rights and obligations of the person replaced.
Within the same legal context, some elements must be taken into account that are essential for the services provided to have a regulated provision, these elements that will be mentioned below, when validated, will confirm the existence of the relationship of job:
- The employee must be a natural person entirely.
- This natural person will offer his services to another natural or legal person.
- The service provided has to be given in a personal way.
- The service has to be carried out in a disciplined and correct manner.
Individual and collective work relationships
The individual work relationships They are those carried out by an individual in isolation directly with his employer, while collective labor relations are those established by a union in conjunction with the company.
In the individual relationship, the employee is immersed in a state of dependence or compliance by the employer. This generates a legal inequality that adversely influences the possibility of a relationship between the two parties, since the will of the employee is affected by being in a weak economic situation before the Pattern.
Due to this, civil law cannot help the employee, when he makes the attempt to apply the individual employment relationship, it is for This can be successful if the worker joins a union to reach certain collective agreements with the Pattern.
Suspension of individual employment relationships
It should be taken into account that the law separates the suspension of individual relationships from collective ones. The individual contract, indicates important modalities that are the indefinite time as a general rule and the specific work contract that is limited in the work time.
It may happen at some point, certain situations that occur before the date of termination of the agreed service and that are justifiable for the suspension of the contracts already established.
These causes of temporary suspension of the obligation of the service loan and the salary payment are established in the law, without obligation for the employee and the employer. Some of these causes of suspension are:
Contagious employee disease
This implies that the employee withdraws from work for the benefit of the employer and the other employees. Considering that it is a curable disease and the availability of medical resources to treat it, once the employee is cured, he can return to his job and the employer is in the duty of receive it.
In the event that the company is located in a place where the Social Security regime is not implemented, the employer is in the duty to contemplate what is established in the law, wait until the maximum period is fulfilled so that the assigned treatment improves the disease.
Temporary disability caused by accident or illness
Disability that does not constitute an occupational risk is protected by law, to benefit the maximum time the worker needs for recovery.
Preventive detention of the worker after the absolute sentence
In this case, if the employee acted in self-defense or in defense of the employer's interests, he is obliged to pay his salary, it would be the most fair thing if it is, for example, a guard who has been assaulted within the company when attacked and the thief has left injured.
The law will protect the worker even when there is no contract recession, as long as the final judgment is not issued. If he is convicted, for exceeding his defense and has to go to prison, the company must invalidate the employment contract.
Arrest of the worker
As this happens, consequently, the worker's contract must be suspended. It could happen that the employee obtains his release on bail and has to appear in court regularly for a time and will not be able to leave his environment. In such condition, the Supreme Court of Justice establishes that his employment situation must not change and the employer must grant him the permits to present him before the court.
Lack of documentation and regulations required by law
These are fundamental requirements for the presentation of services, when they are applied to the worker. In relation to this, the law provides the employee with the possibility of re-entering their work activities in the agreed date so that he has the opportunity to collect all the documents he needs to introduce them in the business.
