The employment relationship in labour law

Abstract

Abstract: In recent decades there has been a gradual and systematic process of attack on the social pact between capital and labor through which minimum human dignity is guaranteed to workers and their families, this attack has had at its epicenter to abate the employment contract, denying and hiding its nature and thus the relationship of dependence, which represents a challenge for the system of justice, mainly in evidentiary, in view of the fact that in the end all the documentation of the worker-employer relationship and the access to it by the employees depend on the same individual that simulates or pretends to hide the relationship of dependency between the subjects in order to separate the worker from the recognized labor protections. In that context, it is necessary to update the scientific debate about the relationship of dependency in the framework of labor relations, the essential elements of it, as well as reviewing the jurisprudence of the constitutional courts and reconsider the onus probandi from the principles of Labor Law, from a perspective that guarantees, while facing these challenges justiciability on the rights related to work when there has been a simulation of the link of a different nature in order to evade them.