Labor Relations Laws

Labor Relations Laws

Introduction

Separate and autonomous branch of science that came to discipline legal relations of the provision of subordinate and paid work has received various names since mid-twentieth century to modern times, which is consolidated as core doctrine and system of positive rule. Article 310 Labor Code defines home workers as persons who have entered into an employment contract on the execution of work at home from materials and using the tools and mechanisms available by the employer or purchased home workers at his own expense (Kiger, 2007). It is a set of rules and principles governing theoretical legal relations between employers and workers and of both with the state, caused by a voluntary provision, subordinate human activity paid for the production of goods and services. Determining the nature of labor law is legal to use theory and practice clear to systematize the rules, establish jurisdiction and to determine punitive damages in cases of violation by the recipients of those.

The widely debated issue has led to different directions doctrinal nominated as follows:

•Publicist: trend whereby labor law is Public Law.

•Privatizing, maintaining that belongs to the field of Private Law.

•Dualistic states that this position is mixed right in that the labor standards protect the interests individually and collectively.

•Faced with the classic distinction between public and private law other lawyers claim that labor law is a third gender of those new and independent.

The most acceptable from the scientific and philosophical angles based on the subject and purpose of the legal relationship is the unchallenged maintaining substantively of labor law attributed dualistic or mixed.

Discussion

The concept of human resource management (HRM - Human Resource Management) long been discussed in the literature dealing with the "organization", the begin processing the most significant in the United States in the postwar period, But that is a topic that has been very thorough in Japan and, from especially from the 80s, there are interesting analyzes of HRM in Europe Western, with its specific economic, legal and socio-cultural. It 'a theme that has a certain fluidity of definitions as sources authoritative propose different conceptualizations also very different, depending on the lens used and the elements emphasized (Trahant, 2007). Since the work of home workers is specific, in the preparation of an employment contract is necessary to consider the following points:

Who provides the raw material, material and equipment - if an employee uses their property, it ...