General Principles of Labor Law

Some considerations on the General Principles of Labor Law.

Los principios generales del derecho del trabajo garantizan un equilibrio justo en las relaciones laborales, protege los derechos de los trabajadores y promueve la estabilidad social. Estos principios, son fundamentales para guiar la interpretación y aplicación de las normas laborales en cualquier país. Los mismos, reflejan valores y conceptos esenciales que buscan proteger los derechos de los trabajadores y equilibrar las relaciones laborales.

The general principles of labor law “are defined as the immutable rules or guidelines that govern the subject matter and are intended to safeguard the dignity of workers and protect them from possible abuse by employers, as well as to preserve systematic unity and guide both interpreters and legislators within the specific branch.” (De Diego, 1979)

The importance of the principles of labor law lies in the protection of human rights, by guaranteeing the protection of workers' basic human rights, such as the right to fair wages, decent working conditions, and job security. It also lies in the balance of labor relations, by balancing power between employers and workers, ensuring that both parties have clear rights and obligations. Finally, these principles promote social stability by preventing labor disputes and fostering a fair and safe working environment.

For the author De Diego, the principles of labor law fulfill the following functions:

• a- legal integration

• b- unify interpretation

• c- avoid unsystematic deviations and fill gaps in the law.

The following principles apply to individual and collective law: Protection, Inalienability of Rights, Continuity of the Employment Relationship, Reality, Reasonableness, and Good Faith.

I- Protective principle known as guardianship.

It is a principle inherent to labor law and considered by many to be the most important principle of labor law, as it protects workers, who are considered the weaker party in the employment relationship. This implies that labor regulations must be interpreted and applied in a manner that favors workers' rights, guarantees their human dignity and well-being, and, above all, prevents abuse by employers. In labor law, it departs from the common law principle of equality.

Pla Rodríguez points out: “The protective principle refers to the fundamental criterion that guides labor law, since instead of being inspired by a principle of equality, it responds to the objective of establishing preferential protection for one of the parties: the worker. While in common law, a constant concern seems to be to ensure legal parity between the contracting parties, in labor law the central concern seems to be to protect one of the parties in order to achieve, through that protection, substantive and real equality between the parties.” (Pla Rodríguez, 1978)

This principle is based on an inequality that exists in the employment relationship with the aim of achieving equality.

This principle is important in three essential functions of labor law, namely: inspirational function, interpretative function, and normative function.

A- Inspirational function: because it is the source of all the principles that inspire regulation in the law, which translate into all the constitutional and legal guarantees that protect workers. This principle is presumed to be incorporated into all provisions of labor law, even when not mentioned. Examples: Working hours. Minimum wages. Social security rights. Vacations.

B- Interpretative function: guides judges, courts, and labor authorities in the interpretation and application of labor law regulations. It is based on the concept that the worker is generally the weaker party in the employment relationship, and any doubt or ambiguity in the regulations should be resolved in favor of the worker. This function ensures that interpretations of labor regulations always tend to protect and improve workers' rights and conditions, preventing them from being harmed by unfavorable interpretations. The interpretive function serves to balance power between employers and employees, which is crucial in an environment where the employer usually has a position of superior power. The interpretive function is considered to contribute to greater social justice by ensuring that labor laws fulfill their objective of protecting workers and improving their living conditions.

C- Normative function. Its application is supplementary in accordance with the legislation of each country.

The protective principle in turn includes three sub-principles: 1- Pro-worker principle, 2- Principle of the most favorable rule, and 3- Principle of the most beneficial rule.

1- Principle of in dubio pro-operario: “This is the name given to the principle whereby reasonable doubt regarding the interpretation of a rule (legal or conventional) that arises in relation to the rights claimed by a worker must be interpreted by the judge (or interpreter) in favor of the worker and not in favor of the employer. If there are two or more interpretations of the same provision in favor of the worker, the most favorable of these shall also be applied, to the extent that it is reasonable.” (De Diego, 1979)

In the event that a rule can be applied in several ways, the interpretation that is most favorable to the worker shall be preferred.

This application shall be made when there is doubt about the scope of the rule to be applied and provided that its application is not contrary to the legal rule to be applied.

2- Principles of the most favorable rule: “This is the name given to the principle whereby, when two or more rules deal with the same institution, the one that is most favorable to the worker must be applied, considering the rule or set of rules that govern each of the institutions of labor law.” (De Diego, 1979)

According to this principle, if two or more rules can be applied to a specific case, the one that is most favorable to the worker must be chosen, regardless of their rank.

It should be noted that its application must be in accordance with labor law.

3- Most favorable condition rule: “This rule establishes that any modification that occurs cannot be detrimental to the mandatory minimum requirements contained in the law, special statutes, or collective agreements.” (De Diego, 1979) It states that, in a specific situation that has been duly recognized beforehand, it cannot be diminished by a labor law provision.

Its application is more general than the in dubio operario principle and involves a more specific and determined application in relation to the principle of the most favorable rule.

II- Principle of the inalienability of rights.

Pla Rodríguez defines it as “the legal impossibility of voluntarily depriving oneself of one or more advantages provided by labor law for one's own benefit.” (Pla Rodríguez, 1978)

De Diego points out: “It is the principle whereby there are a series of rights guaranteed by law, special statutes, and collective agreements that fall outside the scope of negotiation and freedom of contract between the parties, and any agreement to the contrary shall be null and void.” (De Diego, 1979)

In common law, rights can be waived, but in labor law, they cannot be waived. For example, weekly rest periods and minimum wages cannot be waived. The non-waivability of rights prevents workers, in situations of need or ignorance, from accepting conditions that are detrimental to them.

This non-waiverability stems from the mandatory nature of labor regulations and the public policy nature of labor standards.

In principle, this non-waiverability applies to both employers and workers.

There are inalienable rights, and the waiver of these rights becomes a defect of absolute nullity.

We cannot affirm that, in the event of absolute nullity due to the waiver of rights arising from the employment relationship or the employment contract, only the clause that violates labor law is null and void, and therefore the employment relationship or the employment contract remains in force in all other respects.

If a null clause is applied in an employment relationship, it does not have retroactive effect, but rather “ex nunc” (going forward). The irrevocability applies only to rights.

The inalienable rights must be:

• a- legal, granted by laws, regulations, customs, or traditions.

• b- certain.

• c- subjective rights, and other benefits.

III- Principle of continuity

Pla Rodríguez points out that “this principle expresses the current trend in labor law to attribute the longest duration to the employment relationship from all points of view and in all aspects” (Pla Rodríguez, 1978).

Likewise, it can be said that “according to this principle, when there are doubts about the interruption or termination of the contract or its continuity, the latter will always be favored” (Pla Rodríguez, 1978).

As this is a principle that is unique and exclusive to the worker, the latter has the power to invoke it or not, depending on the circumstances. This principle focuses on the employment contract, mainly on indefinite employment, i.e., seeking the continuity or permanence of the employment contract.

Types of stability:

1. Relative: based on the assumption that an employer cannot dismiss an employee unless there is a justified reason for doing so.

2. Absolute: guarantees the worker reinstatement in their job without the employer being able to refuse their return.

3. Own: in this type of stability, the act of dismissal is considered null and void, that is, it is deemed not to have taken place, and the employee may continue to receive their salary. The employee is normally suspended until an impartial administrative or judicial body authorizes the dismissal. Linked to this type of stability is the “action for reinstatement,” aimed precisely at obtaining the reinstatement of the unfairly dismissed worker. The effects of the ruling ordering reinstatement are that it renders the dismissal ineffective, does not create a new right, and merely annuls the act that ordered the dismissal.

This principle differs from the “ius variandi” in that the exercise of the latter involves variations imposed by acts of imperium, which the worker must comply with in relation to secondary or ancillary aspects of the employment contract.

This principle is manifested

• Indefinite-term contracts. Fixed-term or indefinite-term contracts are considered indefinite contracts for legal purposes.

• Modifications or transformations in the employment relationship are permitted, provided that the original contract remains in force.

• Preservation of the employment contract despite nullities.

IV- Principle of the primacy of reality.

“In the event of a discrepancy between what occurs in practice and what arises from documents or agreements, preference should be given to the former, that is, to what occurs in reality.” (Pla Rodríguez, 1978)

It can also be added that “this is the name given to the principle that states that the true substance of a relationship must always be recognized through concrete facts and their characteristics, regardless of the cloaks, garments, designations, or appearances that the parties have given it.” (De Diego, 1979)

In what some authors consider to be poor legal technique, the expression “contract reality” is used as a synonym for this principle.

In the event of a conflict between the principles of protection and continuity and the principle of the primacy of reality, it has been interpreted that the first two principles should prevail, thereby protecting the worker from contractual simulations or unfavorable working conditions not reflected in the contract.

This principle is important when determining whether or not we are dealing with an employment contract.

V- Principle of reasonableness.

“It consists of the essential assertion that human beings, in their labor relations, act and must act in accordance with reason.” (Pla Rodríguez, 1978)

The purpose of this principle is to seek equity and harmony in labor relations, not to ensure that all rules and principles favor the worker.

VI- Principle of good faith.

“It is good faith—loyalty, that is, referring to behavior, not merely conviction.” (Pla Rodríguez, 1978)

This is not the same as good faith belief, which is the position of someone who is unaware of certain facts and therefore believes that their conduct is perfectly legitimate and does not cause harm to anyone. In this case, the mere belief or subjectivity of the agent is necessary for the agent to exercise or have exercised the necessary diligence to achieve an accurate understanding of the truth.

Good faith loyalty refers to the conduct of a person who considers that they are truly fulfilling their duty. It implies a position of honesty and integrity, of not deceiving, harming, or damaging others. In this case, objective conscience is used, which is expressed in a type of usual measure, such as the conduct of a good parent or employee, whether it refers to behavior or a mere conviction.

It is a principle exclusive to labor law, which aims at honest and detailed compliance in the employment relationship. The principle covers both parties to the contract; good faith must be demonstrated by both the employer and the employee.

Good faith extends to all rights and obligations that the parties acquire as a result of the employment contract.

OTHER PRINCIPLES.

In doctrine, other principles are highlighted, such as social justice, equity, prohibition of discrimination, and free access to proceedings.

Social justice refers to “giving each person their due in order to promote the common good and general welfare” (De Diego, 1979).

The principle of equity allows judges to depart from the law in order to find a fair solution.

The principle of prohibition of discrimination applies to employers in relation to workers, who cannot be discriminated against on the basis of age, sex, race, religion, political ideas, etc.

The principle of free legal proceedings guarantees workers the right to exercise their rights in court without having to incur procedural costs and even to bring a labor lawsuit without the professional assistance of a lawyer.

Bibliography

De Diego, J. A. (1979). Manual de Derecho de Trabajo y de la Seguridad Social. Buenos Aires, Argentina: Edtorial Abeledo Perot.

Pla Rodríguez, A. (1978). Los Principios General del Derecho de Trabajo. Buenos Aires, Argentina: La Palma.