Understanding Labor Law: Principles, Characteristics, and Sources
Labor Law defines the set of rules and principles governing the relations of employers and workers, of both the State and private entities, for the purpose of worker protection and labor rights enforcement.
Key Principles of Labor Law:
- End legislative or regulatory inter-relationships between worker and employer.
- Primarily protective, safeguarding covered workers.
- Free Labor: voluntarily provided by the worker.
- Paid work: compensation for services rendered by an employee, paid by the employer.
- Subordination and Dependency: a necessary link between the service provider (employee) and the hirer (employer). Technical subordination implies the worker follows the employer’s technical instructions.
- Continuity at Work: contracted services require permanence and stability over time, excluding sporadic services.
- Lawful Work: the activity must not be prohibited by law.
Characteristics of Labor Law
a) A relatively new right, established after the Treaty of Versailles in 1919 with the creation of the International Labour Organization (ILO).
b) Protective and Tuitive: its main objective is to protect subordinate work, as the worker is the weaker party in the relationship.
c) Primarily regulates private relations: the employment contract is an agreement between individuals for the provision of services in the private sphere.
d) Enforceable: this characteristic arises from the particular interests protected by this legal discipline.
e) Guarantees inalienable rights.
f) Rapid evolution: labor law must adapt to changes by issuing new standards.
g) Unfinished: constantly evolving.
h) Imperfect in legislative expression: parties often regulate their relations through individual agreements and collective instruments.
Nature of Employment Law
Traditionally, a distinction is made between public law, which regulates the general interests of society, and private law, which governs relations between private individuals.
Sources of Labor Law
The rules of conduct that can be enforced and applied to individuals in society are called ‘formal sources’ of law.
Formal Sources: The law (in its broadest sense), case law, legal doctrine, and custom.
a) Law
b) Collective bargaining instruments – Internal Order Regulations, Health and Safety
c) Conventions and Recommendations of the International Labour Organization (ILO)
Real or material sources are facts of daily life that influence work performance and necessitate the issuance of formal rules or regulations.
Classification of Sources
Sources are classified according to their nature, with various sub-classifications:
a) Formal sources
b) Material sources
National Sources of Law or Procedure
1. Constitution of 1980: Guarantees the freedom to work and protection, establishing that all persons are free to engage in any lawful activity, and employers are free to hire suitable workers.
2. Collective Instruments: Arise from formal or regulated collective contract negotiation processes, complying with Labour Code procedures, or from informal collective bargaining.
3. Rules of Order, Health, and Safety: Companies with at least 10 permanent workers must have these regulations.
4. Custom: A formal source of law, important in the creation and interpretation of labor law. Custom must be proven by evidence established by law.
5. The Law: A set of general standards issued by state authority, following predetermined procedures.
6. Court Jurisprudence: Emanates from Labour Courts, applying the law to specific cases.
7. Doctrine: Opinions expressed by legal scholars.
Sources of International Labor Law
1. International Treaties: Very important, especially due to economic globalization and international labor relations.
2. Rules issued by the International Labour Organization (ILO): Aim to promote standards for improving working conditions in member states through coordinated action with governments, enacting conventions and recommendations to achieve social justice and labor rights.