Legitimate insubordination: protection of workers' human rights
DOI:
https://doi.org/10.15517/e196rx03Keywords:
Legal subordination, legitimate insubordination, non-specific labor rights, principle of f proportionality, human rights.Abstract
The exercise of the powers conferred by legal subordination to the employer represents a latent threat to the dignity and human rights of workers, because these limits are not very well defined, and due to the lack of previously determined criteria that allow the worker to be informed when he is not obliged to comply with an order, for violating his dignity and rights. This article analyzes the most relevant legal-philosophical issues, along with some criteria that have been developed by the superior courts of Costa Rica, with the purpose of conceptualizing and structuring legitimate insubordination, as a tool of Labor Law, applicable by the different legal operators, especially the judges who ultimately resolve legal disputes, which allow providing real and effective protection to the human rights of workers.
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