Una aproximación crítica a la aplicación de la regla in dubio pro operario en Chile
The in dubio pro operario is a legal concept of Labour Law that allows the judge, when faced with legitimate doubts about a labour rule, to prefer the interpretation that is more favorable to the worker. Practically every labour judge applies this figure to interpret the norm of the labour legal sys...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8944355 |
| Source: | Revista Jurídica Digital UANDES, ISSN 0719-7942, Vol. 5, Nº. 2, 2021, pags. 61-82 |
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| Summary: |
The in dubio pro operario is a legal concept of Labour Law that allows the judge, when faced with legitimate doubts about a labour rule, to prefer the interpretation that is more favorable to the worker. Practically every labour judge applies this figure to interpret the norm of the labour legal system, however, this interpretive criterion has not been critically analysed (with honourable exceptions). Indeed, at least in Chile, almost nothing has been said about whether in dubio pro operario is a principle or a legal rule and whether this interpretive criterion can really be used in the Chilean legal system. This research article aims to critically analyse the in dubio pro operario and, ultimately, settle certain doubts that this issue could raise. |
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