2921

Labor law is subject to strong tensions that either uphold or impugn the tutelary intensity of its rules. Among the extreme perspectives of those who participate in this debate, there are those who consider that these norms are just dysfunctional interferences in market adjustment processes that mus...

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Autor principal: Goldín, Adrián
Formato: Artículo publishedVersion
Lenguaje:Español
Publicado: Universidad de Buenos Aires. Facultad de Derecho. Departamento de Publicaciones 2017
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Acceso en línea:http://www.derecho.uba.ar/publicaciones/pensar-en-derecho/revistas/11/sobre-la-revision-de-las-normas-laborales-conceptos-sentidos-orientaciones.pdf
http://repositoriouba.sisbi.uba.ar/gsdl/cgi-bin/library.cgi?a=d&c=pensar&cl=CL1&d=HWA_2921
https://repositoriouba.sisbi.uba.ar/gsdl/collect/pensar/index/assoc/HWA_2921.dir/2921.PDF
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Sumario:Labor law is subject to strong tensions that either uphold or impugn the tutelary intensity of its rules. Among the extreme perspectives of those who participate in this debate, there are those who consider that these norms are just dysfunctional interferences in market adjustment processes that must be mitigated or suppressed. On the other hand, those who do not accept any revision to labor standards, understanding that they are good just because they exist and that any labor reform would be regressive. Thus, frequently postponing other issues related to labor standards that should be considered, the debates that prevail are those referred to as labor flexibility. The article seeks to contribute to the conceptualization of flexibilization and to the understanding of the complexity of the effects of labor standards, which operate on the welfare of workers, on the productive system itself and on the functioning of labor markets and employment. The paper concludes by proposing a series of directives that in the opinion of the author should be taken into account in any process of revision of labor standards.