In labor law, it is known as a principle of inalienability of rights to that which limits the autonomy of the will for certain specific cases related to individual contracts of employment.
Under this principle, the worker is unable to voluntarily deprive himself of the guarantees provided by labor legislation, even for his own benefit. Whatever is renounced is vitiated by absolute nullity. The autonomy of the will has no scope of action for the inalienable rights. This shows that the principle of autonomy of the will of private law is severely limited in labor law.
Thus, a worker can not give up his salary, or accept one that is less than the minimum established by the ordinance; if the maximum daily working day is 12 hours, a worker can not ask his employer to let him work for 18 hours.
PronunciationsThe Constitutional Court of Peru has stated the following:
"The Constitution protects the worker even with regard to his own acts, when he intends to renounce the rights and benefits that are due to him by constitutional and legal mandate, avoiding that, by ignorance - and especially in cases of threat, coercion or violence- is harmed. " Accuracy
It should be clarified that a right of a labor nature can come from a normative or limiting rule. In that context, non-renunciability is only operative in the case of the second. The operative norm is that which operates only when there is no manifestation of will or when it is expressed with an absence of clarity. The State enforces them only by default or omission in the expression of will of the subjects of the employment relationship.
The operative rules are characterized by supplementing or interpreting an undeclared will or clarifying it by defect of manifestation; and to grant the subjects of a labor relationship the attribution of regulation with full will within the framework of the Constitution and the law.
Given this type of normative modality, the worker can freely decide on the convenience, or not, to exercise all or part of a right of an individual nature. In this regard, mention may be made of the right to vacation contemplated in Legislative Decree No. 713 of the Peruvian Legal System, which establishes that the worker is entitled to thirty natural days of paid rest per year and, within that context, by virtue of the prerogative of the will established in said norm, it may have up to fifteen days to continue rendering services to its employer, in exchange for extraordinary compensation. Therefore, it has the self-determination ability to decide a "swap" on that.
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