Labor Law: The Juridification of Social Conflict

Human Labor and the Juridification of Social Conflict

Labor Law is a system of rules governing social relations based on human labor. It does not regulate all work, but only the originator of social relations that arise when one person agrees to work for another in return for a salary. Labor Law does not regulate the economic benefits of the worker themselves (self-employment) because its mission is the regulation of "social relations" that are not found in self-employment.

Work done on behalf of another person is called "gainful employment" and has existed since ancient times. Humanity has always had to work to meet its needs, and this work has generated human relationships. These labor relations are based on exchange; specifically, an exchange of services for wages. The worker provides a service to their employer, and in return, the employer pays financial compensation (a salary).

The employment relationship is legally defined by an employment contract, which gives rise to the relationship between the employer and the employee. Whenever an employment contract exists, it is because both parties have agreed: the employee accepts to provide a particular service, and the employer agrees to reward them for it. The contract represents "paid services." Under this contract, human labor becomes the object of a social relationship.

The Inherent Conflict in Labor Relations

These relations are inherently relations of conflict because of the opposing interests between those who work for others and those who benefit financially from this work. Throughout history, human labor has always existed in paid employment, generating social conflicts, even before formal Labor Law existed. Labor Law emerges at a historic moment when it becomes indispensable to legally regulate these conflict-based relations.

This moment is linked to the capitalist production system, which arose from the Industrial Revolution (late 18th century) and brought significant changes to work organization. Under capitalism, the production of goods and services is based primarily on the exchange of services for wages. The employees provide the productive labor force needed to produce goods destined for the market; in exchange, the businessman—as the owner of the means of production—rewards that labor.

This exchange is channeled through the legal labor contract, where the employer-worker relationship is "born." Because the interests of these subjects are often at odds, labor relations are not aligned. Thus, it can be stated that a permanent conflict lies within any employment relationship. Conflict is inherent to these relations.