Vol. 36 No. 1 (2011)
Research articles

The Fundamental Rights of the Employee and Good Faith in the Spanish Debate

José Luis Ugarte Cataldo
Universidad Diego Portales
Bio

How to Cite

Ugarte Cataldo, J. L. (2011). The Fundamental Rights of the Employee and Good Faith in the Spanish Debate. Revista De Derecho - Pontificia Universidad Católica De Valparaíso, 36(1). Retrieved from https://www.rdpucv.cl/index.php/rderecho/article/view/764

Abstract

The reception of the matter of the fundamental rights of the employee in the company has generated several juridical debates, important for the Labor Law. One of them is the possibility that the exercise of said rights by the worker is limited by the requirements arising from the principle of contractual good faith. A community where such a discussion has had special importance is the Spanish labor doctrine. The revision of this debate on the role of the good faith regarding the exercise of the fundamental rights of employees is the aim of this article, especially in terms of the proportionality principle.