Todo trabajador debe permitirse creer y solicitar la ayuda de abogados expertos en sus derechos como trabajadores, con la finalidad de solventar impasses, enmendar injusticias, aminorar brechas sociales y afianzar el cumplimiento de las leyes en la materia, ya que todo ello sustenta y reivindica la importancia del derecho laboral y el que se cumplan los deberes por parte de los patronos, en concordancia al cómo los trabajadores cumplen con los suyos.
La importancia del derecho laboral
Toda su importancia proviene de su carácter doctrinario afianzado, el cual se apoya en principios que suplen la estructura de conceptos asentados tanto en siglos de vigencia y experiencia de varias ramas jurídicas, como por los contenidos derivados de las Constituciones y normativas civiles, judiciales y mercantiles propias de cada país.
La importancia del derecho laboral radica en sus principios, los cuales se sostienen en la intrínseca generalidad del derecho, con fuerte influencia de la llamada justicia social que se enfoca en estar a favor del trabajador.
Dichos principios derivan del orden público y los trabajadores están imposibilitados de renunciar a ellos (medida de protección a manera de garantías), de los cuales derivan 3 funciones específicas:
Función Informativa
Donde se da a comprender que las normas legales del derecho laboral son postulados de carácter ético que deben forjar un ordenamiento jurídico positivo.
La importancia del derecho laboral: Función interpretativa
Quienes las diseñas y quienes defienden a los requirentes, deben orientar a los trabajadores en su interpretación legal a aplicar y cuáles serán los resultados esperados.
Función normativa o integradora
Los principios del derecho laboral fungen como fuente supletoria de la ley cuando existen vacíos o silencio de la misma o cuando ella adolece de una oscuridad insalvable por la vía interpretativa. Lo que significa que, las omisiones o contrastes de las demás leyes, son argumentadas y sustentadas por los aportes del derecho laboral en casos similares, dentro o fuera de las fronteras del país del solicitante.
Otros factores que afianzan la importancia del derecho laboral
Toda ley derivada del derecho laboral, se diseña para garantizar la justicia, dignidad, seguridad y bienestar de las personas que participan en el proceso productivo.
Brinda protección integral derivada a los inalienables derechos humanos de los trabajadores que son: la libertad, igualdad, la no discriminación, salud, educación y la cultura.
La importancia del derecho laboral posee como eje el establecimiento de los principios y normas que rigen el contrato de trabajo: Remuneración, duración de la jornada laboral, descansos, vacaciones, estabilidad laboral, indemnizaciones y capacitación.
Su aplicación apegados a la ley y la asesoría legal de abogados expertos en derecho laboral, han sido cruciales en la promoción del diálogo social y la negociación colectiva entre los representantes de los trabajadores y los empleadores, con el fin de mejorar las condiciones laborales y resolver o prevenir los conflictos que puedan surgir.
Ha disminuido la opacidad de oportunidades para los trabajadores, promoviendo su participación en las utilidades y/o beneficios de la empresa, lo cual debería ser una manera constante –por eficaz- de incentivar su productividad y compromiso.
La importancia del derecho laboral aplica asertivamente en la regulación de la seguridad social, para que en conjunto el Estado y los empleadores coticen las prestaciones que brinden protección integral a los trabajadores y sus familiares en caso de enfermedad, accidente, maternidad, vejez, invalidez, muerte u otros riesgos.
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