According to the Dictionary Pan-Hispanic of the Spanish Legal, in doubt pro operator is defined as principle general of right of exegetical nature derived from the character protective of the right labor. Order interpret the law en benefit of the employee in the cases of duda o conflict normative.
In dubio pro operator It is a Latin phrase that expresses the principle legal that in /// de duda in the hermeneutics of the standard, will be favored employee (operator). It's a principle interpretive of Law School labor, which could be translated as "before the duda at the request of the operator o employee».
This principle legal implies that both the judge and the interpreter of a standard must, before a duda de interpretation, choose for the one that is most favorable to the employee.
The conditions for power apply this rule are:
- It must exist duda true as to the sense o range of the standard legal.
- La interpretation must not be contrary to the will of the employee. More than the interpretation literal the one that takes into account should be preferred account el ratio laws of the standard.
This criterion responds to the meaning itself of the right labor, which differs from the objective of the right común, while this aims to establish footing between the contracting parties, the right labor aims to protect the employee, for being the part weaker in terms of negociación.
The criterion is then applied to a specific example:
is presented a claim judicial by dismissal, the employer may plead abandonment volunteer of the employeeIt may also happen that the employee want to leave the company, inform the employer of his resigns, but do not leave a record for written from it, and then claim el dismissal.
La company sends a refund telegram the same to date of the the hearing, the dilemma is whether or not that telegram is valid to configure the mood decisive of the claimant. The answer is negative, as it was understood that haber That has been the will of the company, should have expressly stated it in the the hearing. If carefully It is used in some legal systems, it is not a principle universal and is not respected in all countries.
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