Summary
Highlights
The protective principle aims to defend the weaker party in a legal relationship, specifically the worker. It emerged from state intervention to combat employer absolutism and exploitation.
This principle is subdivided into three: 'in dubio pro operario' (when in doubt, favor the worker), 'norma más favorable' (most favorable norm), and 'condición más beneficiosa' (most beneficial condition), all designed to ensure the worker's benefit.
This principle nullifies the worker's waiver of rights during contract negotiation, meaning workers cannot renounce rights granted by law, such as minimum wage, standard work hours, paid vacations, or social security.
The principle of continuity seeks to extend employment contracts as much as possible. If a contract's duration isn't specified, it's presumed indefinite. Contracts continue indefinitely if work persists beyond a defined term or through repeated fixed-term contracts.
This principle holds that the factual reality of the labor relationship takes precedence over what is stated in written documents. If there's a discrepancy between reality and the contract, the reality prevails. A labor relationship is recognized by personal service, remuneration, and legal subordination.
Reasonableness acts as a guiding principle between employer and worker, ensuring balance, good faith, and common sense to prevent abuses. It's crucial in cases of contractual termination like abandonment, ensuring fair judgment based on specific circumstances.
Good faith governs both workers and employers from hiring through job performance. It implies honesty, loyalty, and fidelity in dealings, avoiding deceit or intentional harm. This principle demands transparent conduct and proper fulfillment of obligations derived from the employment contract.
In conclusion, all these principles aim to protect the legal-labor relationship, preventing harm to either party. They seek to ensure freedom of will and prevent abuses that were common in the past, ultimately protecting the weaker party in the employment relationship.