The principle of irrenunciability in the Chilean labor code

被引:0
|
作者
Uriarte, Pedro Pablo Irureta [1 ]
机构
[1] Univ Complutense Madrid, Madrid, Spain
关键词
labor law; inalienability; principles of labor law;
D O I
10.22201/iij.24487899e.2024.39.19471
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The principle of inalienability has been recognized in the Chilean Labor Code as a guarantee against acts of unilateral abandonment of legal rights. In this way, the legislator does not circumscribe the inalienability as an own figure of either intangibility or unavailability. On the contrary, the legislator structures it as a prohibition to freely abdicate the exercise of a legal right that has already been acquired by its owner, without consideration, and leaving the door open to assumptions of transaction (even if this occurs during the contract). Beyond the inalienability, the non-derogation of the labor law operates, which remains during the entire validity of the contractual link and ensures the acquisition of the right
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页码:21 / 60
页数:40
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