Definition of Labor Legislation
Miscellanea / / November 13, 2021
By Cecilia Bembibre, in Jan. 2012
We understand by legislation labor to that set of laws and regulations that aim to regularize work activities, and both with regard to the rights of the worker, as well as his obligations and the same for the employer.
Norms that regulate labor relations and everything inherent to work and its contingencies
Labor law is a branch of the right relatively young compared to other branches since it emerged only in the twentieth century after many years of protests and demands from labor sectors that asked for better working conditions, stability and safety.
We cannot avoid that Industrial Revolution had a lot to do with the development of these laws, because of course, the emergence of machines generated various problems among employees and employers who could never be settled in favor of employees, especially when it came to labor rights affected because there was no regulation that established the rights and obligations that each party had in the relationship employee employer.
Currently, all jobs are subject to the conditions indicated in the employment contract signed by the employee and his / her employer, including the duration of the working day, the functions to be performed by the employee, the remuneration that he will receive, among the main.
Meanwhile, labor legislation will be contained in the workers' statute where each of the conditions to be met and respect on the part of the worker, the employer and the state, which also has its part in this, especially in what corresponds to ensuring that this regulations are complied with in a compliant manner, and when guarantees and assistance are not offered so that the worker or employer can claim for it.
The relevance that the employee and employer know and respect this regulation
Labor legislation is extremely important and workers are always recommended to know it as a way of to be able to claim what corresponds to them but also to know what their obligations are in front of who they employs.
Labor law differentiates two instances: individual law and collective law.
While the first represents everything that has to do with the particular rights of the employee or worker, for For example, the number of hours, the minimum wage, the possible licenses, etc., the collective right has to do with the figure of the labor union.
The union arises as an association that watches over the rights of workers and the right to strike
The union is a social organization that arises to defend the rights of workers in a specific branch or labor area and today is considered a right of workers to group together within one of these unions in order to see their fulfillment Rights.
Along with the figure of the union, it is also established in the labor law collective that of strike or protest.
When a worker or his union are not satisfied with the working conditions, for example with the remuneration received or with some other situation such as be the lack of job security, they can carry out a strike, which consists of the cessation of work activities for a period of time that the union will decide.
It is often accompanied by mobilizations towards the ministries or labor secretaries with the mission of bringing the claim closer and making the claim visible to the authorities of the country.
Knowing the labor legislation helps the worker to claim his rights in the event that they are not complied with.
In this sense, it establishes some very important elements when starting an employment relationship: the need for it to be voluntary (that is, that neither of the two parties can be forced to maintain that relationship, as is the case for example with illegal, slave or servile forms of work), remunerative (which makes reference to the fact that for a certain type of activity, the worker must be compensated in some way with a payment), dependent (this establishing an unbreakable relationship between both parties, a relationship that makes the worker depend on the employer to receive payment and the employer depend on the worker to obtain a fruit or result of their action).
Prohibition of child labor and any other issue that threatens the stability and widow of the worker
We must say that there are forms of work that are absolutely prohibited, and for example, penalized in the labor legislation, although, unfortunately, they have not been definitively eradicated in the world, such is the case of child labor, precarious working conditions to which some workers are subjected, and days that exceed eight hours of work daily.
In underdeveloped countries, child labor is a very present reality and that hurts, because instead of children playing or learning in the school They are working to survive and help their hyper poor families.
In this particular case, the states must address those factors triggers of this situation in order to eradicate child labor, such as the poverty.
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