Principles and Characteristics of Labor Law

Posted on Oct 30, 2024 in Law & Jurisprudence

Principles of Labor Law

Protector

This principle guides labor law to protect the worker. It is reflected in three rules:

  1. Indusium Pro-Worker: When interpreting legal provisions with multiple meanings, the most favorable to the worker prevails.
  2. Most Favorable Standard: If multiple rules apply, the most favorable to the worker is chosen.
  3. Most Beneficial Condition: New labor standards should not diminish existing worker conditions.

Inalienability of Labor Rights

Workers cannot waive the legal benefits granted by labor law (e.g., holidays, maternity leave).

Continuity of Employment Relationship

This principle encourages a long-lasting relationship between worker and employer.

Reasonableness

Contract provisions should be reasonable. If a contract is unreasonable, a judge may rule in favor of the employee.

Primacy of Reality

In case of discrepancies between practice and contract, the reality of the situation prevails.

Characteristics of Labor Law

Labor law is:

  • A new right: Taking shape with the industrial revolution.
  • Special law: With its own goals, objectives, and rules.
  • Autonomous law: With its own peculiar sources.
  • Realistic law: Closely related to social, political, and economic life.
  • Not formal law: Legal acts and formalities do not require solemnities.
  • Law enforcement officials: Governs relations between employers and employees, protecting the worker and their family.
  • Finalist law: Aims to protect workers’ rights.
  • Universal law: Principles and institutions are similar across countries but adapted to each reality.
  • Expanding law: Increasingly expanding its objectives (e.g., worker training, work environment).
  • Statute-prone law: Tends to give special status to each worker guild.

Sources of Labor Law

Internal Company Regulations

This statute governs the organization and daily relations between the company and workers, including order, hygiene, and security.

  • The right to work powers: Given to the employer.
  • Regulatory authority: Related to dictating certain standards within the company.
  • Disciplinary power: Related to establishing consequences for worker violations.

Collective Agreement

A voluntary agreement creating rights and obligations between parties, primarily to establish common working conditions and remuneration.

Professional Custom

Important in the 19th century but less so now, due to state labor standards and collective rights.

International Sources of Labor Law: ILO

The International Labour Organization (ILO), part of the UN, aims to improve working conditions worldwide.

ILO Bodies

  • International Labour Conference: The highest body, composed of representatives from member states.
  • Governing Body: The executive body, responsible for administration.
  • International Labour Office: The permanent secretariat, based in Geneva.

Labor Directorate

A decentralized public service contributing to modernizing and making industrial relations more equitable.

Functions and Main Tasks

  • Ensure compliance with labor, hygiene, and safety standards.
  • Interpret labor laws.
  • Inform workers and employers about labor law.
  • Prevent and resolve labor disputes.
  • Provide technical assistance.
  • Offer mediation and conciliation systems.

Labor Inspectorate

Offices of the Labor Directorate responsible for enforcing labor regulations.

Main Functions

  • Supervise compliance with labor laws.
  • Certify union ceremonies and collective negotiations.
  • Intervene in individual conciliation processes.
  • Mediate disputes.
  • Provide training and disseminate information.

Labor Code and Employment Contracts

Individual Employment Contract

An agreement where the employer pays the employee for personal services under their dependence and subordination.

Elements of a Working Relationship

  • Provision of services: The employee provides their workforce as agreed.
  • Compensation: The employer pays the worker for their services.
  • Subordination or dependence: The worker follows the employer’s instructions.
  • Continuing work: The elements above exist, giving rise to continuous work.

Characteristics of an Employment Contract

  • Bilateral: Creates reciprocal obligations for both parties.
  • Onerous: Both parties benefit.
  • Commutative: Benefits are equivalent.
  • Principal: Exists independently.
  • Nominated: Has a specific legal name.
  • Consensual: Requires only the consent of both parties.
  • Directed: Regulated by labor standards.
  • Successive: Obligations and rights unfold over time.

Classification of Employment Contracts

  • Verbal/Written: Based on form.
  • Fixed-term/Indefinite: Based on duration.
  • Work/Labor/Service: Based on the type of work.
  • Individual/Collective: Based on the number of parties.
  • Usual/Special: Based on the nature of the work.

Requirements for Employment Contracts

  • Place and date of contract.
  • Identification of parties, including nationality.