Thursday, August 2, 2012

Features employment contract in Bolivia


With the flexibility of labor and the constant changes in technology have come new types of relations, which translate into a new form of contracts. This modest work, based on books by prominent lawyers, establish a general classification of employment contracts and contract classes noted in Bolivian legislation. Before developing the central theme, it is necessary to review some basic concepts, which in future will help us better understand the concept of contract.

The labor law is a set of principles and rules governing the subordinate working relationships between employers and employees paid, whether these relations of individual or collective. "(Martinez-Vivot Pozzo).

According to the notes of Dr. Hugo Suarez Calbimonte, the work has the following features:

a) Personal

b) Voluntary

c) Dependent, and

d) employed

a) Personal work: It is what leads to the state as regulator takes an active intervention of the State, preserving the rights of workers.

b) Voluntary work is the acceptance to the completion of a job.

c) Work for someone else: it is an essential attribute to a third party the benefit of work is one in which the asset value of the work is attributed to someone other than the worker himself, ie the employer.

The strangeness in the economic utility of labor is a consequence of the structure of modern production enterprises.

d) Work dependent: The dependency or subordination are the dominant notes in the worldview of the employment relationship. Is she related to power or authority to address the employer has over the worker. Submission of the worker to the power of organization and discipline of the entrepreneur. Unit is in an employment relationship governed by labor law.

Every time we have introduced and reviewed some concepts and characteristics of labor law, we can move to point out some concepts of what we understand by Labor Contract:

"The Labor Contract is one that aims at the continued provision of private and economic character, and by which one party gives a remuneration or reward for playing or serving, under its control or direction, other professional activity. " (William Cabanellas). "The Labor Contract is any convention to which the employer or the worker or employer and employee mutually undertake these work or to perform any service or intellectual, and those to pay for such work or service a renumbering determined "(Art. 1, Chile Labour Code)." means a contract of employment, whatever their denomination, that by virtue of which a person or persons so required to perform a work, or provide a service, one or more employers, or a legal person of character, under the jurisdiction thereof, for remuneration, which regardless of the type or form of it "(Workers' Statute, Spain).

Labor relations are complex, hence for any doubt or issue it is best to consult a labor lawyer.

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