Understanding Employment Law: Definitions, Sources, and Core Principles
Employment Law Fundamentals
Employment Law (DL) is a set of rules, doctrines, and theories that regulate the employment relationship between employer and employee. It is a protective branch of law that specifically regulates the situation of individuals or agencies in a relationship of subordination.
William Thayer Ojeda’s Definition
William Thayer Ojeda defines Labor Law as “the branch of law that, as principal, is responsible for regulating the protective situation of individuals who require total or partial work capacity for a significant period of time, performing a job indicated by another person, legal or natural, for paid services.”
Key Characteristics of Employment Law
- Historical: Emerged over 100 years ago.
- Autonomous: Independent of other legal branches.
- Protective: Safeguards the worker’s rights.
- Private Sector: Primarily applicable to the private sector.
- Rapidly Evolving: Constantly adapting to new realities.
- Unfinished: Continuously developing and expanding.
- Public Order: Its rules cannot be waived by private agreement.
- Informal: Often based on consensual agreements.
- Universal: Applies broadly across various employment contexts.
Social Security and Employment Law
Social Security is an integral part of Labor Law, aiming to address social welfare needs. It covers most risks workers face in their duties, demonstrating the comprehensive scope of employment law.
Sources of Employment Law
Understanding the sources of Employment Law means identifying where the rules governing labor relations originate.
Material Sources
These include the idiosyncrasies of the people, history, culture, the state, corporations, and other societal factors.
Formal Sources
These are regulatory bodies or norms that emanate from an authority with the power to dictate law.
Custom
Custom refers to the constant and uniform repetition of a standard of conduct, believed to be a legal necessity, thus forming a right.
Jurisprudence
Jurisprudence stems from the uniform rulings handed down by courts when hearing and adjudicating similar issues.
Doctrine
Doctrine comprises studies that analyze, construct, or criticize the law, whether for purely speculative purposes or to facilitate its application.
Core Principles of Employment Law
Article 5 of the Labor Code enshrines a fundamental principle: “The rights in labor law are inalienable while the employment contract subsists. The contract must be respected as long as its effects persist; parties cannot alter established minimums or maximums.”
Principle of Practical Reality
This principle dictates that matters are judged according to their essence, not merely what the parties declare. If there is a discrepancy between what is documented and what occurs in practice, the latter takes precedence.
Principle of In Dubio Pro Operario
According to this rule, when a standard has multiple possible meanings, the judge or interpreter must choose the one most favorable to the worker.
Principle of the Most Favorable Standard
If there is more than one applicable standard, the one most favorable to the worker must be chosen, even if it does not align with the classical criteria of hierarchy of norms.
Principle of Employer Representation and Company Continuity
This principle, enshrined in Article 4 of the Labor Code, states that modifications relating to the ownership, possession, or mere possession of a company will not alter the rights and obligations of workers. These rights, whether from individual contracts or collective bargaining instruments, remain in force and continue with the new employer.
Social Function of Employment Law
The social function of work emphasizes that any employment relationship must be based on treatment compatible with human dignity. Article 2, for instance, establishes that sexual harassment behaviors are opposed to decent treatment.
Freedom of Contract
This principle is part of the broader freedom of work and protection. The first paragraph of Article 2 enshrines the freedom to hire and be hired, while its final paragraph recognizes the State’s responsibility to protect the worker.