Understanding Labor Laws: A Comprehensive Overview

Posted on Nov 15, 2024 in Law & Jurisprudence

Labor Law: A Historical Perspective

Labor law emerged before the widespread adoption of voluntary and paid work. Its origins trace back to Roman times, where rented slaves were common. During the Middle Ages (13th-14th centuries), guilds of craftsmen regulated working conditions and production techniques. These guilds held monopolies and controlled markets.

Factors Influencing the Development of Labor Law

  • Sociological Factor: Identification with the social consequences of the industrial revolution.
  • Legal Factor: The gap between individual rights and liberal social realities.
  • Worker Reaction: Response to the conditions created by the above factors.
  • State Intervention: Attempts to manage social conflict in industrial relations.

Defining Labor Law

Labor law encompasses the principles and regulations governing dependent and self-employed work relationships. It involves three key actors: workers and their organizations, employers, and the state. Influencing factors include the system’s ideology and the political and economic context.

Key Characteristics of a Labor Relationship

  • Personal
  • Employment-based
  • Professional
  • Stable and continuous
  • Contractual

Sources of Labor Law

  • 1980 Constitution
  • Laws and decrees
  • Regulations
  • Contracts
  • Case law
  • International standards
  • General legal principles
  • Rules of procedure

Defining Work

Work is a conscious, disciplined activity that produces goods or services. It involves energy expenditure and is compensated through payment.

Principles of Labor Law

  • Protective Principle: Safeguards labor rights.
  • Minimum Regulation Principle: Establishes fundamental rights as the basis for negotiation.
  • Regulatory Principle: Builds upon minimum standards to establish worker benefits.
  • Non-Discrimination Principle: Prohibits distinctions based on inherent requirements.
  • Continuity Principle: Promotes lasting work relationships.
  • Primacy of Reality Principle: Prioritizes real-world situations in legal disputes.

Development of Labor Legislation in Chile

  • 1855: Civil Code addresses domestic service contracts.
  • 1907: Law 1990 (Sabbath law).
  • 1914: Law 2951 (“Chair Law”).
  • 1931: Decree Law 178 (First Labor Code).
  • 1967: Decree Law 2 establishes a labor address.
  • 1978: Decree Law 2200 (Second Labor Code).
  • 1987: Law 18620 (Third Labor Code).
  • 1994: Supreme Decree 1 (Fourth Labor Code).

Key Articles of the Labor Code

  • Article 3: Defines employer and worker.
  • Article 4: Addresses employer representation.
  • Article 5: Protects worker rights.
  • Article 6: Distinguishes between individual and collective contracts.
  • Article 7: Defines individual work contracts.
  • Article 8: Specifies exclusions from employment contracts.
  • Article 9: Outlines contract characteristics and formalities.
  • Article 10: Lists required contract content.
  • Article 11: Addresses contract amendments.
  • Article 12: Allows for worker relocation within the same workplace.
  • Article 13: Sets requirements for employing minors (15-18 years old).
  • Article 14: Restricts minor employment in hazardous conditions.
  • Article 15: Restricts minor employment in entertainment establishments.
  • Article 16: Allows for minor employment in entertainment with legal authorization.
  • Article 17: Addresses consequences of unauthorized minor employment.
  • Article 18: Prohibits night work for those under 18, with exceptions.