Labor Law (Meaning and Explanation)

We explain what labor law is, its origins, sources and other characteristics. In addition, elements of the employment contract.

What is labor law?

Labor law is a branch of law made up of a set of legal norms that are established in the relationship between workers and employers It is constituted by precepts of public and legal order, which are based on the premise of ensuring those who work have full development as a person and real integration into society.

Origin and background of labor law

The history of labor law is not as old as that of work, the latter has existed since man began to work to satisfy his basic needs. For many years there were several cultures that implemented slavery as a means of domination.

The first vestiges of labor law appeared in ancient Rome where employers had certain obligations towards their workers (such as guaranteeing them shelter and food) who in turn swore loyalty to their owner. After the fall of this Empire and In the Middle Ages, work began to be thought of as a social activity and to take dimension of its importance.

The significant change in the way of approaching the issue of work occurred after the Industrial Revolution, the starting point for the awareness that wealth would not be obtained only from the land. Industrialization exposed workers to risky and unhealthy working conditions.

The French Revolution and subsequent economic liberalism postulated that the worker should be paid what was necessary so that he could live, but without ceasing to be the market the natural allocator of resources. The alternative that emerged was Marxism, which demanded an abolition of the capitalist mode and called for labor rights for workers.

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In this period, a working class consciousness developed, giving rise to the first strikes and the formation of unions. The first labor laws emerged at the end of the 19th century (sickness insurance law, work accidents law). In May 1886 American workers went on strike to reduce the working day to eight hours, thus establishing May 1 as International Labor Day.

In 1919 the International Labor Organization was created whose objective was to protect and promote labor rights. The right to work was recognized as a basic right of all people in the Declaration of Human Rights, a document proclaimed by the United Nations General Assembly in 1948.

Sources of labor law

The sources of law are all those regulations and resolutions that contributed to creating the set of rules that make up labor law. Among the most significant are:

Constitution Made up of civil rights among which is the right to work.
International Treaties. Agreements between countries and organizations to jointly regulate labor regulations.
Laws Legal provisions that regulate working conditions and relationships.
Decrees Regulatory content that must be complied with by all citizens.

Characteristics of labor law

labor law characteristics — Labor law only covers formal employment.

Dynamic. It is constantly evolving according to the socioeconomic processes that each country is experiencing.
Social. It aims to represent the general interest, but it is also a professional right, because it deals with people who carry out a profession or job.
Expansive He was born with very low skills that were updated and continue to do so.
Autonomous It is part of positive law, but has its own regulations.
Specific It deals with duties and rights, but is restricted to work relationships. One of the great limitations of labor law is that it only covers formal employment. It is the duty of each state to apply sanctions against unregistered work and encourage formal work through incentives.

Principles of labor law

The principles of labor law are the essential guidelines and ideas on which the norm is based and supported, fundamental to guaranteeing the legal order and serve as a guide for anyone who wants or needs to interpret it.

Protective principle. It is the fundamental principle of labor law that involves the defense of the most vulnerable party in an employment relationship (the worker). It is governed by three main rules: rule of the most favorable rule (in the case of two or more rules, the one that most favors the worker must be applied), rule of the most beneficial condition (a new rule cannot worsen the conditions). of a worker), rule in dubio pro operator (in the case of a rule that has two or more interpretations, the one that most benefits the worker must be applied).
Principle of inalienability of rights. It implies that no worker can renounce basic labor rights such as: paid rest and vacations, free union organization, access to decent working conditions, among others.
Principle of continuity of employment relationship. It implies that the contract signed between employer and employee is of long duration, since it assumes that work is the worker's main source of income.
Principle of the primacy of reality. It implies that in the face of the discrepancy between the events that occur in reality and what is established in documents, what is based on the facts prevails.
Principle of reasonableness It involves the use of reason and common sense when applying rules in the workplace.
Principle of good faith It involves acting in an upright and honest manner in all employment relationships. This principle is present in all branches of law.

Subjects of labor law

In the field of law, any natural or legal person to whom rights and obligations are attributed is considered a subject.

Worker Natural person who provides subordinate work to another.
Employer. Natural person who hires the services of one or more people.
Intermediary. Person who intervenes in the hiring of one or more people to provide services to an employer.
Company Economic entity that produces or distributes goods or services.
Union Association made up of workers to defend their rights.

Employment contract

The employment contract It is the agreement that occurs between a worker and his employer and is detailed in a legal document. In the contract, the worker agrees to perform work in exchange for remuneration.

A contract can be individual, when it is established between a worker and an employer; or collective when the conditions of the contract are negotiated between a group of workers or union and an employer.

Employment contracts usually include certain elements:

Remuneration It refers to the payment that the worker receives periodically. There are many countries in which there is a minimum wage, which means that this negotiation is not subject only to the laws of the market.
Work day It refers to the number of hours that will be worked. In most countries, a maximum workday of eight hours a day was established.
Vacation It refers to a number of days per year in which the employee will not go to work, but will not stop receiving his pay.
Working conditions It refers to some basic requirements that every work environment must have: healthy environment, available work tools, control of risk factors.