Saturday, August 4, 2012
Doctrines that have influenced the evolution of labor law
Liberalism: Liberalism is pronounced as opposed to any form of labor organization, considering it a threat to social stability and the capitalist order. Liberalism in development mode FREE DELIVERY CONTRACT WORK, where they were valid all the terms and conditions stipulated by the "free" will of the parties, which became the freedom to oppress the work needed.
The provision of work was not subject to maximum limits of working hours, low wages are accrued which forced the rest of the family, including children join the ranks of those in need of work.
The state was limited to a police state paper and timidly limit the work of children and women in the mines and in certain industries. Then limits the work day. Standards were established health and safety at the workplace during the course of this nineteenth century an incipient working order legislation.
The political doctrine, economic and social set about finding ways to guarantee workers a minimum wage and better conditions for the provision of work and is so developed various doctrines of a socialist.
Social patterns:
Faced with the current thinking of Liberalism, Socialism arose, social conception which subordinates the interests of the individual to the collective interest as a means to achieve greater solidarity among men. State recognizes the full authority to organize society and economy, and supports the collective ownership of the means of production. It states a necessary intervention in labor matters.
Under socialism were the following streams or ideological doctrines
1. SimonReconoce Saint-Egalitarianism as legitimate a right to private property and capital, calls for a social organization based on industry, which lead to the disappearance of social classes, with only subsist as a class of workers.
Enacts the motto: "To each according to his ability and each according to his work capacity."
Legitimate work only to obtain goods. Not accepted because the institution of inheritance, to prevent the raising of capital and property. rejects, however, violence as a means for the conquest of power, which must be achieved by persuasion and example.
2. Communism
It is a social and political doctrine based on the general community of goods, therefore, adverse to private property, seeks the establishment of a workers government workers. He has a penchant for violent action methods and the revolution as a strategy to gain power.
They advocate the organization of the masses of workers in a political party, class, led to the conquest of power by whatever means necessary, in order to replace the bourgeois capitalist state economy that organizes production and distribution socialized goods and products,
Proposes the dictatorship of the proletariat, denies claims of private property and the socialization of the means of production.
3. Sindicalismo RevolucionarioTrata to organize workers in order to improve their working conditions, use the general strike as the great weapon of the proletariat as a phenomenon of war, who came to destroy the capitalist organization.
Unionism rests on the following bases:
- The class struggle.
- Combating the modern state.
- Contempt of parliamentarism.
- The labor legislation reveals its uselessness and lack of enforcement.
- Direct action is the pressure exerted by unions on employers and public authorities.
- The workers' action should be limited in protests, sabotage, boycotts, and especially by the strike.
- The union struggle must be permanent until the general strike that brought about a social revolution.
4. Doctrine Anarchist
It is a combination of liberal and socialist.
Anarchism is the complete elimination of the principle of authority and comprehensive statement of individual freedom, is aimed at the termination of the state and private property, to be replaced by a system of full freedom where there are no laws and authorities, as all obedience is an abdication.
5. State Socialism
Intended reforms through legal channels aimed at tackling social injustice, taking into account the legitimate achievements of workers. To achieve this the state must intervene, without prejudice to the action taken by the unions.
6. Interventionist Doctrine
The intervention can be characterized as the state's participation in social and economic life.
Equivalent to the intervention of public power in the regulation of working conditions. His initial motivation is actually twofold: on one hand, providing protection for areas subject to joint living, otherwise, the acquisition by the state of consciousness of duty, assuming custodianship of collective order, larger than the simple public order.
7. Solidarismo
Organist is a concept that rejects both individualistic selfishness and Marxist collectivism. Consider interdependent men, each cell in the body which a society is. In this, any disruption of its parts results in discomfort in others, which involves social impact of major, minor or minimal importance.
This theory is meant to replace the employee by the regime of cooperation.
8. The Cooperative
Doctrine is to improve the living standards of workers and members of the middle class on its own initiative, according to economic theory and practice of cooperation, through cooperatives and mutuals are obtained inexpensive items and care services with a lower payout. These organisms come in direct contact with its members to conduct business transactions or other services without intermediaries. The cooperative seeks to eliminate the profit motive and regain the freedom of individual producers and voluntary mutual action among its members.
Labor law despite its apparent simplicity, actually form a complex. Hence the need for labor lawyers hire experts with any questions or eventuality.
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