10 Characteristics of Labor Law

We explain what labor law is, what its approaches and objectives are, as well as its general characteristics, functions, and more.

What is labor law?

Labor law is one of the branches into which law is dividedThe legal norms it includes have as their main objective the protection of man’s work, but only if it is for another’s account, has productive characteristics and is carried out freely.

Labor law, in other words, acts on human activities that generate changes in the environmentallowing a person (the worker) to obtain the economic goods he needs and a third party (the employer) to benefit from the fruits of that work, within 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 employee (individual labor rights).
  • The action 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 worker protection beyond economic income, taking into account health, occupational safety or retirement and pensions (social security law).
  • Legal proceedings that arise from employment relationships (labor procedural law).

See also: Labor flexibility.

Characteristics of labor law:

  1. Training

Compared to other specialties, labor law is a branch of law that has recently formed and is in progressive expansion. Thus, New knowledge and experiences are constantly being incorporated that enrich this branch of law.

  1. Subjects

Within the framework of the employment relationship, this branch of law takes into account two subjects: workers, both individually and collectively organizedand employers.

The employer should not be confused with the business owner, since the latter may or may not have employees.

  1. Autonomy

Beyond its inclusion in the so-called positive law, labor law It is an autonomous and independent branchwith its own rules and principles.

  1. Sources

Although it may seem obvious, it is necessary to keep in mind that The primary source of labor law is the lawsas representatives of state intervention for the purpose of regulating this matter.

When there is a federal structure, a combination of tools generated at the central level with others produced in each territorial division is produced.

  1. Mandatory nature

The existence of laws that regulate self-employment obliges the parties to abide by court decisionsHowever, employers, workers and their representatives have complete freedom to meet and negotiate working conditions.

  1. Protective meaning

This means that the focus on the most vulnerable part of the employment relationship (the worker) performs a function of protecting the needs of the same.

  1. Specific professional meaning

This means that labor law regulates only a specific part of the populationthat which is covered by the employment relationships in question.

  1. Dynamic character

By regulating the legal aspects of labor relations 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 highly dynamic specialty.

  1. Social fact

Taking into account that regulates issues such as salaries, justification for dismissalsstrikes, working hours and other aspects that determine the social conditions of each activity, labor law must be considered a social fact.

  1. Regulation of subordinate work

Only Employment activities are part of labour law. Consequently, the activity of a doctor who works as an employee for a particular hospital will be governed by labor law, but not the work of an independent doctor who works on his own account and does not answer to an employer.

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