Abstract

IRURETA URIARTE, Pedro. Rules and principles in labor law. A look from the chilean labor law. Rev. latinoam. derecho soc [online]. 2021, n.32, pp.23-50.  Epub Nov 22, 2021. ISSN 2448-7899.  https://doi.org/10.22201/iij.24487899e.2021.32.15308.

The reflection on the principles of labor law had a high development towards the middle of the 20th century, an issue that brought an inflation of principles, opening the way not only to those of legal nature, but also to others clearly economic or meta-legal. However, the protective principle is the only and great principle of labor law, and since its origins has been raised as an optimization mandate that orders that something be done to the greatest extent possible. From the protective principle, a series of rules have arisen that, strictly speaking, do not meet the characteristics of a legal principle since they do not have an indeterminate character and most of the time do not present an open texture. These rules are no more than derivations of the protective principle. The above does not prevent that, in labor law, as a legal discipline, the general principles of law are also applied, interacting with the particular rules of this discipline.

Keywords : Principles; Rules; Labor Law.

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