By: Gabriela MejÃa, Consortium Legal.
From an approach that values the principles of subordination and, therefore, the obligations and prohibitions of employees, it can be said that, although labor legislation establishes a set of fundamental rights and guarantees aimed at protecting employees within the framework of their labor relations, these rights-which include access to work, job stability, equal pay for equal work, regulated workdays, rest periods, vacations, the right to strike and protection during pregnancy in the case of women-are not absolute. It is therefore essential to understand that these guarantees are conditioned by the principles of subordination, which define the balance between rights and obligations in the workplace.
The subordination principle establishes that the employee is subject to the employer’s authority within legal and contractual limits. This implies that, in addition to recognized rights, the employee has specific duties whose fulfillment is essential to maintain the employment relationship. Among these duties are to perform their tasks under the conditions defined in their contract and following the employer’s instructions, to abide by regulations, internal policies, and any provision that the employer implements within the framework of the law. In addition, employees must protect sensitive or confidential information related to the organization and avoid acts of negligence or non-compliance, as failure to comply with these responsibilities may result in disciplinary consequences.
Failure to comply with labor obligations or transgression of established rules may result in justified sanctions, ranging from reprimands to dismissal. The protection afforded by labor guarantees does not exonerate the worker from these responsibilities.
Within the balance, labor legislation also recognizes the employer’s right to terminate the employment relationship without liability for compensation when the employee seriously fails to comply with his obligations.
In conclusion, labor guarantees are the essential basis for protecting the rights of employees, but they cannot be interpreted as absolute prerogatives. All these guarantees and protections are subject to compliance with the obligations derived from the principle of subordination, which seeks to balance the interests of both parties in the employment relationship.
In this sense, workers, companies, and authorities must understand these parameters, since failure to comply with them may justify the application of sanctions, including dismissal without liability for the employer. For employers, it is crucial to act transparently and adhere to current regulations, properly documenting non-compliance and ensuring that disciplinary action is duly justified. This approach not only ensures respect for labor rights but also protects companies from unnecessarily costly litigation.
