Labor relationship and satisfaction
Labor Law is a part of the right, in which, there are guarantees for both the worker and the employer, it is a construction of the consequences of countless historical events that, over time, have been objects of variations due toLegal, political, economic and social consequences.
In ancient times, the conception of rights, with respect to workers, involved extremely extensive schedules, disproportionate remuneration, absence of breaks, lack of health to carry out their activities, premature deaths for forced labor, child exploitation, etc.
The workers were part of a deplorable social class, which was a slave to the employer;a social class that was characterized by being the object of exploitation and an economic compensation that in no way reflected its work. The worker worked in circumstances that in the least precautionary their free and good development. The workers were part of the greatest exploitation of history.
With the appearance of the theory of employment relationship, new perspectives and solutions arise for the great problem of the working class. De la Cueva opens the way so that on the one hand, the civil contract is fading and on the other hand, the employment relationship arises from the ruins, all this is born from the idea that workers are free people, who have rights andwho also play a fundamental role in the economic game of each society. In the new theory of employment relationship, the worker’s own nature is contextualized, recognizing the human dignity of this important social class.
As mentioned above, one of the most important background for the recognition of the rights of workers, were the incessable struggles of those who firmly believed in the basic principles of people. The discontent for working conditions became increasingly noticeable while hundreds of children, youth and adults died due to work injustices. It is not until the French Revolution that courageous groups of people supported the ideals of a few, who had thought that the recognition of their rights was just a utopia.
Before this, an average worker only imagined the moment when his hard and slave day would end, because it was impossible. With the arrival of the promising French Revolution, terms such as proportional remuneration, mandatory rest, fair schedules and working working conditions, they became part of the vocabulary of the vast majority of workers, because it was no longer a dream that happened only by closing his eyesAfter an arduous work, but they were screaming overflowing throughout France.
During the time of feudalism, we cannot talk about the full exercise of labor rights, although there were certain types of rights for the worker, their obligations were still slave, since their most important work was to always work the earth and obey faithfullyto the feudal lord.
Conceptions of the supremacy of capital, in the face of the human being and conceptions that defended the rights of workers, were one of the greatest counterpositions to develop a balance, which allowed the coexistence of certain rights and economic proposals. Here, Mario de la Cueva mentions that capital is an acquired figure for both the operation of the State and the worker. On the one hand, the Delibera State if you must choose between the increase in its capital or the recognition of workers’ rights, and the latter had to choose between, yield their rights or fight for their recognition.
With the appearance of capitalism, certain sectors were more benefited than others, this new "economic game" served to divide social classes into the richest and least rich. This new division placed workers in the not -so -desired social stratum. In 1917 new hopes for workers were born, this year the Constitution of the Bena Chartto the work done, mandatory rest and other budgets that ensured better working conditions.
In 1945, the United Nations Charter appears, which constitutes a history for the development of more just working conditions, parameters are established to improve labor relations between workers and workers in 1948 the Universal Declaration of Human Rights, brings with it ideals embodied inA document, which recognizes the worker as a free being, recognizes a salary and especially the right to social security, establishes that the worker’s purpose is self-realization and independence.
Thus, with the passage of time and historical facts in the work world, it is possiblewhere those who deliver their time deserve to be rewarded with a salary, which will serve for the self-realization of each human being. For Mario de la Cueva, the right to work implies a social duty, basis for the economy, freedom and equality of the worker and basis for personal self-realization.
The main problem that will be developed in this article is to demonstrate the social, economic, political and social changes that were lived before and after the appearance of the theory of the employment relationship, its impact on the practice and daily life of the workers. The infrahuman conditions that workers and latent inequalities in all the evolution of working conditions will be evidenced. What are the legal and necessary practices that must be carried out so that workers and employers, through the State, can develop to reach equal conditions?
It is intended to demonstrate that work has always been subject to conditions proposed by a minorIn addition, workers have always been part of an invisible sector for the authorities. On the other hand, it will be demonstrated that, labor law does not always benefit the working class, to its reason for being, but that through legal mechanisms the slavee of labor supported.
Santos in his work “Beyond thought” makes an analysis that entrusts to the development of the social contract, he mentions that, once we are born we lose the natural status with the world, due to this contract we appear being part of a conglomerateof individuals, called a civil society.
This society is divided by a line, in which on the one hand we have the visible or important and on the other hand to whom its existence apparently matters little, this last class is made up of subjects known as subhumans, because from its originThey were condemned to rejection, these people were alien to the visible world, they were part of the so -called excluded from society, but all this has a purpose, since despite this division that in the world of law would not have a place, it was something fundamental forThe conformation and development of modern humanity.
Santos mentions in his work, the relevant existence of an abysmal line that divides Grapal concepts for the effective exercise of rights, on one side of the line, we have the most important sentences that have been made to democracy, it is also intendedSubmit dozens of circumstances that challenge the line of fair, this part of the division struggles constantly for the restoration of democracy, and so that in one way or another the recognition of rights is a practice of all.
For the author of the work "beyond thought" there are three forms of fascism, each characteristic of a current of thought that pursues different interests. For the author the first is the fascism of social apartheid, in this classification there is a notorious segregation among those considered good and bad for society.
On the one hand there are the rejected who remain in a wild area and on the other hand, there are those who live in urban and civilized areas, the visible and socially correct the second classification is territorial fascism, this is based on conceptions of importance and supremacyof capital, this translates to "rules of the game" not so complex, because who has the most, more power to act within the territory in which it develops.
Contractual fascism, described as the third way, is what describes one of the greatest problems of the work world, here is the abysmal inequality that occurs in the employment contract, since on the one hand we have the permanent provisions of whomHe does it, that is, of the employer, and on the other hand, there is the least favored part of the contract, who is submitted to the will of the employer leaving aside his own rights and principles, all this to meet vital basic needs, that is,the worker.
Defines post -contractualism, such as the process through which different social groups are excluded from the social contract, stripped of all kinds of benefits that are expressed in social and economic rights, which undoubtedly belong to them, but they were taken away. In summary, it is necessary to generate a postabysmal thought, recognizing that as long as there is this distinction of humans and subhumans, there will never be true protection of human rights.
Both social, contractual and financial fascism have created inequality in society, and therefore the relationship between employer and worker will always be unequal because the defense instruments will be greater for the entrepreneur. Mario de la Cueva tells us that contractual fascism is a total farce.
Because the idea of contract is smoke, because when talking about a contract we say that it is the union of two wills that freely conclude an act, but the will of the worker, this employment contract, was replaced by a regime of slavery, of subordination, as Sousas mentioned to the working class, submerged it in the subhuman group.