What are the principles of labor law?

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Like all areas of law, labor law is guided by principles that define the perspective that the applicator of law must apply to the standards and rules applicable within labor law. These principles, therefore, are very important for the effective application of the rules set out in the CLT in labor legal relations, as the judge must analyze the specific case based on these principles. In the case of the CLT, the application of the principles is set out within the document itself, in article 8 : “Art. 8th – The administrative authorities and the Labor Court, in the absence of legal or contractual provisions, will decide, as the case may be, by jurisprudence, by analogy, by equity and other general principles and norms of law, mainly labor law, and, also, according to usage and customs, comparative law, but always in such a way that no class or private interest prevails over the public interest”.

The principles of Brazilian labor law are: the principle of protection, continuity, the primacy of reality, salary intangibility, harmful contractual inalterability and inalienability of rights. All will be Albania Phone Number  seen more fully below. Protection principle The principle of protection is the most important principle of labor law, so much so that the other principles are based on and take this first into account. In other areas of law, there is concern about keeping the legally involved parties on an equal footing. In labor law, however, there is a need to provide preferential protection to the worker, who is the underserved party in a legal labor relationship. Between the employee and the worker, the risk of the contractual employment relationship is always greater for the employee, who generally depends on that income for his subsistence, while the employer pays the employee for his workforce and skills in the area.



Thus, the principle of protection indicates that, in a legal dispute, the most favorable rule must be applied to the worker and that, when there is doubt in the application of a rule or a decision, the result must compensate the worker. Principle of continuity This principle, established by summary 212 of the Superior Labor Court (TST) , defines that the employment contract , as a rule, has an indefinite period of validity, except in cases of contracts with a defined term. This principle points out that, if a contract is terminated or broken due to non-provision of the contracted service, it is the contractor's task to prove the reason for the termination of the contract, as the principle of continuity is favorable to the worker. Download a legal process management spreadsheet and automate control of all your contracts Principle of the primacy of reality The principle of the primacy of reality points out that facts should be considered more important and relevant to the specific case than documents or contracts. For example: if a person was hired as a receptionist for a company, but performs financial and administrative functions and is able to prove them through witnesses and other evidence, what can be proven based on the facts will be valid, in that specific case, not what is stated in the contract.