El derecho de resistencia en tiempos de pandemia
The work provided within the scope of the employment contract is by definition subordinated to the management power of the person who owns the company. However, this power of direction or ius variandi is not absolute, but its exercise is subject to conditions of legality and legitimacy. Consubstanti...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2022
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8530328 |
| Source: | Lan harremanak: Revista de relaciones laborales, ISSN 1575-7048, Nº 47, 2022 (Ejemplar dedicado a: Aprendizajes de la pandemia), pags. 72-97 |
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| Summary: |
The work provided within the scope of the employment contract is by definition subordinated to the management power of the person who owns the company. However, this power of direction or ius variandi is not absolute, but its exercise is subject to conditions of legality and legitimacy. Consubstantial to the power of direction of one party is the duty of obedience of the other, whose content extends as far as the limit of the other.
This paper analyses the foundation and justification of the power of direction and the duty of obedience; and the right of workers to disobey is studied, especially when disobedience is necessary to preserve their own life and integrity as a result of irregularities that cause or may cause a situation of serious and imminent risk.
This theoretical development is at the service of the object of the present investigation, which is none other than the analysis of the validity and effectiveness of the right of resistance of working people to preserve their own health against the risk of contagion by SARS-CoV-2 in the context of exceptionality generated by the pandemic and the consequent limitation of resources. |
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