Labor law regulates employment relationships.
The branch of law that is responsible for regulating the relationships established as a result of human work is known as labor law . This is the set of legal rules that guarantee compliance with the obligations of the parties involved in an employment relationship .
Labor law understands work as that activity that an individual develops with the objective of transforming the outside world, and through which he obtains the material means or economic goods for his subsistence.
It is important to determine that there are several sources from which the aforementioned labor law draws to develop and establish the justice that is considered pertinent. Specifically, it is established that among them the Constitution, employment contracts , existing international treaties, the law or regulations stand out.
Protective principle of labor law
As a social fact, work contemplates the establishment of relationships that are not symmetrical. The employer (that is, the person who hires a worker) has greater power and responsibility than the employee . For this reason, labor law tends to limit the freedom of each company in order to protect the weakest participant in this structure.
This means that labor law is based on a protective principle , unlike private law which is based on a principle of legal equality. Labor law, therefore, must apply, in the face of the multiplicity of regulations, the rules that are most beneficial for each worker .
This protective principle is one of the most important that exists within this aforementioned area, however, we cannot ignore the fact that labor law is also based on others such as the principle of reasonableness . This applies to both the employer and the worker and establishes that both figures develop their rights and duties without falling into abusive behavior, they will do so based on common sense.
Unions defend workers and seek to ensure that the rules established by labor law are respected.
Employment contract law
Likewise, it is also important to highlight the value of the principle of inalienability of rights. This maxim makes it clear that no worker can carry out the renunciation of the rights established as such by labor legislation . This means, for example, that you cannot work more hours than what is established nor do you refuse to earn less than what is stipulated.
It should be noted that labor relations are governed by an employment contract law and various complementary regulations. In any case, each productive sector has its own rules to regulate relationships or certain aspects of them, without these rules implying a violation of the aforementioned employment contract law.
Labor law and collective agreements
On the other hand, there are collective labor agreements that apply to different professional groups. These collective agreements are agreements that are negotiated between employers and employees and that must be approved by the State .
These agreements must be characterized because they must respect existing labor legislation at all times. Specifically, two types can be established: company agreements, in which union delegates or company committees act as interlocutors, and higher-level agreements where the unions are responsible for being representative.