Definition of Retroactive Character

When it is said that something presents retroactive character will imply that works and has so much force as validity over the past.

That which has legal validity over the past and must be recognized and applied if there is a ruling or decision that supports it.

At the request ofRight, the retroactive nature of a rule or of a legal act, supposes that the app of the aforementioned will not only be made on future events but will also be applied on situations prior to its enactment.

Concept applications

For example, at the request of the initiation of a retirement procedure, once the justice or the competent body approves it, it will be considered that the benefit is in force, therefore, Although the bureaucratic issue takes months to materialize, when the sentence is final, the retiree will receive the retroactive payment, that is, the previous months since the benefit was approved.

On the other hand, the concept is commonly applied in the world of work in relation to the payments that an employer has to make to an employee.

Retroactive payment implies the difference that exists between the sum of money paid in a timely manner to a worker and the amount that in effect should have been paid at that time.

Somehow it is a compensation that the employee must be paid, either because he carried out a lawsuit or any other administrative procedure to be recognize that difference in his favor, so that in effect he recovers that difference that he was underpaid, and that course.

This situation that we just expressed and that currently occurs in the workplace can occur due to various situations and obviously it is the worker's right to claim for compensation and compliance with the law.

Among these circumstances we can mention the following: the validity of an agreement that established an increase in assets that finally did not materialize in the facts; salary updates for collective agreements; due to the lack of correspondence between the employment status of the employee or the contract; good because the employer decides to increase the salary of his employee in recognition of his good performance and then it is retroactive to a certain period that the employer will establish opportunely.

The salary increases that are discussed and agreed in joint unions, for example, usually have the character of retroactive many times, depending, of course, the agreements that are subscribe.

For example, with a specific case it will be better understood... government establishes an increase for teachers in June of 30% to compensate for the inflationary scenario, being the same also retroactive to the month of March when classes began.
This will imply that the salaries collected between the months of March and June must be added the increase of that 30% decided at the request of the parity.

In any case, such a question proposes an exceptional situation because it may be that it contradicts the principle of safety legal that people have on the rights and obligations they have.

Principle of non-retroactivity

In the criminal law governs the principle of non-retroactivity which tends to protect citizens who can subsequently be sanctioned for an act that when it was carried out was not punishable by law. Meanwhile, the aforementioned non-retroactivity is not absolute but only implies the norms that harm the accused but not to those that benefit it, so if a criminal offense is repealed by a later law, the most beneficial regulations can be applied.

Retroactive Issues