Reasonableness is the condition of what is reasonable.
Reasonableness is a notion whose etymological origin is found in the Latin word rationabilitas . The term refers to the condition of that which is reasonable and which, therefore, is in accordance with reason .
It should be noted that reason is the human being's ability to reflect and analyze to obtain a conclusion. The process and result of this mental activity is known as reasoning .
What is reasonable, in short, exhibits reasonableness. For example: "I don't want to argue with you, but I have to tell you that your proposal lacks reasonableness" , "The reasonableness of my arguments was questioned by the boss" , "There is no reasonableness in the projects presented by that political party" .
Principle of reasonableness
In the field of law , we speak of the principle of reasonableness to name the criterion that regulates the exercise of the rights of the parties. This concept is used in the context of labor law to prevent both employers and workers from abusing the rights that the law recognizes them.
What the principle of reasonableness seeks is the rule of common sense and logic . Although the law allows a company to fire an employee when he or she commits an offense, it does not allow any offense to serve as an excuse to terminate the employment contract unilaterally. The judge must adhere to the principle of reasonableness to determine whether the exercise of the employer's right to terminate the contract is being used in a reasonable manner or if, on the contrary, it constitutes an abuse.
Reasonableness can be considered relative or subjective.
The proportionality
Many times, employers take advantage of any excuse to fire certain workers with whom they did not have a good relationship, for different reasons; This procedure is unethical, since personal issues should never generate interference in the workplace .
When a contract is signed, each party agrees to comply with a series of obligations and respect certain rights; Everything related to incompatibility on a personal level between said parties cannot be the cause of the termination of said contract, but rather an agreement must be sought through legal means.
Similarly, a minor offense must lead to measures such as reinforcement of technical training or a warning to prevent its recurrence and to improve the employee's performance, but cannot lead to termination of the contract. As well as the principle of reasonableness, there are other tools that the law has to guarantee fair treatment to certain people by those who have some type of power over them.
The principle of proportionality , for example, can be considered analogous to that of reasonableness, since it serves to prevent a person from making excessive use of their power to punish another and deprive them of their freedom; In this way, it attempts to promote its use only for the protection of valuable legal assets.
The relative of reasonableness
It is very important to remember that reasonableness is relative, not only in the personal and informal sphere, but also before the law . The judicial system cannot provide a solid answer to the question "what is reasonable?" , since this always depends on each particular case. Therefore, the development of this legal instrument, the principle in question, continues, adapting to the times and new points of view of law, to ensure human beings adequate protection at all times .
What is reasonable is what can be justified, which is not arbitrary , especially when the principle of equality is relevant in the case to which it is intended to be applied. In the family of this term there are notions related to proportion, as occurs with the word "reason" , and this qualifies the concept with a need for harmony, for balance.