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Search Results
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THE CONCEPT OF SUBORDINATION AND ITS EXPANTION: FUNCTION AND CONTENT IN THE DETERMINATION OF THE EMPLOYMENT CONTRACT
The idea of labor subordination has experienced a significant expansion throughout the history of legal thought. First, in the past, regarding its legal function, there has been a shift from a role of control to one of protection. Second, in the present, there has been a transformation in its content, transitioning from a disciplinary form to a virtual one. This evolution marks a movement from control characterized by its anatomical, topical, and procedural nature to one defined by its virtual, atopic, and reputational dimensions.
This article examines these transformations to assess their impact on Chilean labor law and analyze the challenges this concept faces as a central category in labor law for determining the subjects protected by its norms.
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Work in platform companies: subordination and beyond
Accelerated technological change involves relevant transformations for salaried labour, since it allows the introduction of adjusted forms of production –just in time–, which connect them in real time and on line with demand and consumption. The paradigmatic case of this transformation is the work carried out for platform companies, particularly in the form of delivery of goods or provision of services. This way of working, as we will review in this article, causes important legal challenges for Labour Law: on the one hand, the traditional problem of labour qualification for those who provide services in this modality; and, on the other hand, the regulation of the content of the labour relationship to which it gives rise, being particularly complex –due to its social and political implications– what is related to the duration and continuity of the workday. The correct resolution of these challenges, we will argue, will determine an important part of the fate of the new ways of working and the freedom of the employees involved.
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THE INFLUENCE OF TORT LAW ON STATE LIABILITY FOR LACK OF SERVICE
This article analyzes the influence of tort law on State liability for lack of service from Peter Cane’s theory developed in Tort Law and Public Functions. At this point, the paper addresses three fundamental aspects: the normative structure in the relationships of juridical inequality, the role of egalitarianism in State responsibility, and the duty to compensate the damages caused by public agents. First, it states that the normative structure of public responsibility must be understood in terms of corrective justice since there is a party that must correct the illegitimate damage caused by another. Second, it proposes that equality between the parties functions as a distributive criterion to reduce the state subordination exercised on the administered. Finally, it contrasts the objectives of State responsibility and tort law and identifies the general reasons why the Administration should compensate for the damages caused to the administered.