We explain what labor law is, what its approaches and objectives are. Also, its general characteristics, functions and more
What is labor law?
Labor law is one of the branches in which the law is divided . The legal norms that it includes have as their main objective the protection of men’s work , but as long as it is employed by others, has productive characteristics and is carried out freely .
Labor law, in other words, acts on human activities that generate changes in the environment , allowing a person (the worker) to obtain the economic goods that he needs and a third party (the employer) to benefit from the fruits of that work, in the framework of a free relationship and with the consent of both parties.
Likewise, labor law can focus on:
- The relationships that arise from the individual contract between the employer and the worker (individual labor law).
- The performance of labor collectives, that is, groups of individuals gathered for the purpose of dealing with aspects of work or discussing conditions, as in the case of unions (collective labor law).
- The regulation of the protection of workers beyond economic income, taking into account health, occupational safety or retirements and retirements (social security right).
- The judicial processes that start from the labor relations (labor procedural law).
Characteristics of labor law :
Compared with other specialties, labor law is a branch of recent formation and that is in progressive expansion. Thus , new knowledge and experiences are constantly being incorporated that enrich this aspect of the law .
The employer is the one who has workers in a dependency relationship.
Within the framework of the employment relationship, this branch of law takes into account two subjects: workers, both individually and collectively organized , and employers .
The employer should not be confused with the employer , since the latter may or may not have workers in a dependent relationship.
Beyond its inclusion in the so-called positive law, labor law is an autonomous and independent branch , with its own rules and principles.
The primary source of labor law is the law.
Although it is obvious, it is necessary to bear in mind that the primary source of labor law is the law , as representatives of state intervention with the purpose of regulating this matter.
When there is a federal structure, there is a combination of tools generated at the central level with others produced in each territorial division.
The existence of laws that regulate work activity for others obliges the parties to abide by court decisions . However, employers, workers and their representatives have complete freedom to meet and negotiate working conditions.
Labor law fulfills a guardianship function over the needs of the worker.
This means that by focusing on the most vulnerable part of the employment relationship (the worker), it fulfills a role of guarding their needs.
Specific professional meaning
This means that labor law regulates only a specific part of the population , that which is affected by the labor relations in question.
By regulating the legal aspects of labor relations that are established between two sectors of society with characteristics and needs in permanent change and evolution (workers and employers), it can be said that labor law is a strongly dynamic specialty .
Labor law regulates wages, hours of work and dismissals, among others.
Taking into account that it regulates issues such as wages, the justification for dismissals , strikes, working hours and other aspects that determine the social conditions of each activity, labor law must be considered a social fact.
Regulation of subordinate work
Only work activities for others are part of labor law . Consequently, the activity of a doctor who works in a dependency relationship for a specific hospital will be governed by labor law, but not the task of an independent doctor who works on his own account and does not respond to an employer.
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