Unidad 5. Vídeo 2. Flipped FOL. La relación laboral

Introduction to Labor Laws

This section provides an introduction to the characteristics that determine if an activity is subject to labor laws.

Characteristics of Work Covered by Labor Laws

• The work must be personal, meaning it is performed by the worker themselves and not by someone else on their behalf.

• The work must be voluntary, with the worker choosing to perform it without coercion or obligation.

• The work must be retributed, with the worker receiving a salary in exchange for their services.

• The work must involve dependence on the employer's organization and direction, allowing the employer to sanction disobedience.

• The work must be performed as an employee, with the results of the work belonging to the employer and the employer assuming business risks.

Excluded Work Relationships

• Certain professional relationships are excluded from labor laws because they do not meet all five characteristics mentioned earlier.

• Examples of excluded relationships include public officials regulated by administrative law and mandatory services that lack voluntariness.

• Work done out of friendship, neighborliness, or benevolence is also excluded if it lacks retribution or dependence.

• Family members up to second-degree relatives may be excluded if there is no retribution or lack of alienation.

Other Exclusions

• Activities such as serving as a counselor or member of administrative bodies in companies are not considered labor due to lack of dependence.

• Commission-based jobs where individuals only earn commissions and assume operational risks may be excluded from labor laws.

• Self-employed workers and transporters with their own vehicles may be excluded due to lack of dependence and alienation.

Conclusion

This section concludes the discussion on labor laws and the characteristics that determine if an activity is covered or excluded.

• The application of labor laws depends on whether an activity meets the specified characteristics.

• Excluded relationships, such as public officials or voluntary work without retribution, are regulated by different legal frameworks.