Indemnización por daño moral en el marco de las relaciones laborales

Abstract

Labor relations from its origins to the present have been emphatically characterized by the fact that its participants interrelate with each other in conditions of disparity, disadvantage, or inequality, translated in the circumstance that, the employer, is occupying a superior hierarchical position on its subordinates: the working class. Within the framework of these relations, unlike what happens in the private sector which is governed fundamentally by a principle of autonomy of the will according to which will predominate above all the intention of the contractors.On the contrary, in the signing of contracts of employment it is imperative that the law requires the parties to strictly adhere to the prescriptions made precisely by the labor norm whose ultimate purpose is to grant the legal protection due to the weaker party of the labor relationship. According to civil law, moral damages caused in any individual deserve compensation through the payment of an economic indemnity, which, without being able to fully repair the damage caused in view of the circumstances that characterize the damages of a moral nature, seeks nevertheless, to compensate the aggrieved. Thus, if civil law grants citizens this prerogative, labor law, which has always had as its main mission the defense of the working class, can only do so to provide those, the guarantees that would correspond to them as ordinary citizens.