Analysis of the Constitutionality of article 488 of the CST, which regulates the prescription of labor rights, in force of the labor relationship

Abstract

One of the purposes of the Constitution and labor legislation, is to guarantee the effectiveness of labor rights as a result of an employment relationship, with the dominant power that can exercise the employer, among which are embodied minimum guarantees which are inalienable and that his condition does not allow the worker to discard them, or the employer not know them, it is this would be the ultimate expression of abuse of power exercised by the employer. The employment relationship, understood as the contractual relationship between employer and a part called a worker, and that is materialized by the existence of three major elements, such as the salary, subordination and staff providing the service, and execution guarantees the recognition of minimum guarantees (social benefits) for the worker, and that action Article 488 of the Labor Code are being canceled, either because they are not recognized and canceled by the employer or because action of that article are seeing annulled by the passage of time, making it look consistent with the law the arbitrary conduct of the employer, since the same rule allows the prescription of work rights is measured from the enforcement of rights labor, regardless of the worker is immersed in the employment relationship, this situation prevents operate in pursuit of effective enjoyment of their labor claims.