Contenido
Conjunto de normas y principios teóricos que regulan las relaciones jurídicas entre empleadores y trabajadores y de ambos con el estado, originado por una prestación voluntaria, subordinada, retribuida de la actividad humana, para la producción de bienes y servicios.
Tradicionalmente la disciplina del derecho del trabajo se entiende formada por las siguientes partes:.
Modalities depending on the deadline
They are fixed-term employment contracts or specific work contracts. A fixed-term contract would be one that requires the services of a worker for a certain period, after which the contract is considered terminated. A specific work contract is one in which the services of a worker are requested for the execution of the work. Once the work is completed, the contract is considered terminated. The termination of the employment contract due to time or finished work does not imply liability for either party.
It is important to mention that a fixed-term contract that is constantly extended becomes considered an indefinite-term contract, because the principle of primacy of reality applies.
They are those contracts that do not stipulate a date or event that ends the employment contract. Certainly, they are the contracts that allow workers to achieve job stability over the time they provide their services.
Special work modalities
Self-employment or self-employment is one in which the worker himself directs and organizes his activity, bearing the economic risk, and which can take two basic forms:
Informal work in a dependency relationship, also called unregistered work, black work or work without a contract, is characterized by constituting an employment relationship that does not comply with legal formalities. This type of work has grown significantly in recent years. Currently, many large companies use a human resources system that combines the maintenance of a small formal "salaried" group employed directly by the company, with a large group of workers who work in outsourced companies, often in informal conditions, without labor protections.
One of the commonly accepted interpretations of the existence of informal activities refers to their development outside the current regulatory system. That is, these are tasks that are carried out without complying with the requirements established in the applicable regulations. Likewise, and in a more positive view, exclusion is associated with their lack of access to development policies and, in particular, to credit, training and markets. This approach to the informal sector emphasizes its illegality as a primary characteristic and tends to view it as a set of covert or underground activities in the economy.
The reality is, however, more nuanced. Neither the informal sector operates absolutely "in the black", nor does its opposite, the modern sector, do so with unrestricted adherence to legality. The so-called gray areas predominate, which, in research from the early 1990s (Tokman, 1992; Tokman and Klein, 1996), have been characterized as partial compliance with certain legal or procedural requirements, including absolute illegality, but also full legality. However, the prevailing panorama in informality is an intermediate area
among the latter: certain registration requirements are met, but taxes are not paid; Some of the labor regulations are observed, but not all.
This type of work should not be confused with the previous one, although many times in reality the borders are blurred. This type of work has very low productivity and is carried out on one's own account, outside of all legal formalities (window cleaners at traffic lights, informal garbage collectors, street vendors, etc.).
In this type of work, the worker, generally upon completing his or her university studies, maintains a work activity usually related to research. It is a figure derived from the study scholarship, through which the work done is remunerated, but the scholarship recipient remains outside the status of workers, and therefore lacks a large part of the social benefits. Sometimes it is intended to be used as a legal form of "hiring" young workers, which reduces the salary costs derived from registering with social security.