Fundamental rights as a limit to the employer’s business powers in the employment relationship. A comparative look between Chile and Cuba

Abstract

The Constitution is the fundamental norm that governs the relationships between the subjects who inhabit a community. One of the relationships it orders is the labor relations, whose dynamics are characterized by economic and social inequality that is legitimized by the legal system. This implies a particular analysis in the configuration of labor rights, but also in the interpretation of the rights and principles emanating from the constitutional text. This study proposes an analysis of the elements of the legal employment relationship that have constructed a labor legal system and a different vision in the application of fundamental rights and principles emanating from constitutional texts. Ideas are presented on the relevance of analyzing such protection from the Cuban Constitution in comparison with Chilean doctrine and jurisprudence, since the Chilean labor order has regulations that establish limitations on entrepreneurial powers in relation to fundamental rights, as well as specific protection procedures. In addition, there is a consolidated doctrine on the matter.