El principio "in dubio pro operario" y su función de interpretación de la legislación laboral chilena
This paper addresses the In dubio pro operario principle, with special emphasis on the interpretation function of labor legislation in Chile. For this, this work is organized in four sections. In the first place, it deals with the meaning or meanings that the expression «principle» has in the field...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2019
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7172472 |
| Source: | Estudios Latinoamericanos de Relaciones Laborales y Protección Social, ISSN 2445-0472, Nº. 7, 2019, pags. 101-114 |
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| Summary: |
This paper addresses the In dubio pro operario principle, with special emphasis on the interpretation function of labor legislation in Chile. For this, this work is organized in four sections. In the first place, it deals with the meaning or meanings that the expression «principle» has in the field of Law, for which it resorts to diverse definitions and to the distinction between principles, rules and norms. It also indicates what would be the meaning of the expression «principle» applied to Labor Law. Subsequently, they deal specifically with the principles of Labor Law, for which recourse is made to some definitions of writers on the subject, indicating what would be the essential functions that should meet these principles and making a brief review of each of them. The In dubio pro operario principle is then analyzed in particular, its function of interpreting labor legislation and, in turn, this principle is linked to the rules of interpretation of the law contained in the Civil Code of Chile. Finally, the application of this principle in the exercise of the interpretive function by the Chilean Labor Directorate is addressed. |
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