Abstract

SUAREZ, María Florencia. The right to work as a limit against dissiminal without cause in Argentina. Bol. Mex. Der. Comp. [online]. 2021, vol.54, n.162, e17076.  Epub June 05, 2021. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2021.162.17076.

Understand the meaning, content, and scope with which the right to work is legally recognized at the international level. Analyze its evolution in our country until its definitive constitutional inclusion in 1994 and explore the possibilities of the Right to Work to act as a protective limit against arbitrary dismissal. We begin the development of this article by highlighting the main instruments that refer to the right to work, either directly or indirectly. Then we describe its constitutional reception process. Finally, starting with the question whether a rigth to work without stability is possible, if its constitutional is enough for this purpose and what would be the best way to guarantee the right to work, we appeal to comparative law and to Ferrajoli s guarantee theory (2001), in a inescapable compatibility test between an improper relative stability system like ours and the concrete possibilities of guaranteeing its respect. A first general review of international instruments allowed us to have a comprehensive notion of the international law system and more particularly, of the protective framework of labor in the world. We also discovered that its constitutional reception was not without contradictions or setbacks and thai t was buit in various stages represented by different historical moments, state models and constitutional reforms, each one impregnated withe its own ideology and that this produced important consequences.

Finally, we conclud that the system of improper relative stability like ours is incompatible with the possibility of guaranteeing respect for the right to work.

Keywords : Right to Work; National Constitution; Dissmisal without cause; protection; limit.

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