Derechos del empleador a la organización y dirección de la empresa, y límites

Abstract

From the defining elements of the employment contract, the author presents wich should be the limits to the the employer’s powers of direction and organization. The various scopes of such corporate powers are analyzed under a non-exhaustive method of instantiations of what can be considered legitimate scopes of these powers. Then, from a purely dogmatic perspective the author enters into the the field of the limits, which are given by certain general principles, such as good faith, justification, proportionality and non-discrimination. Finally, the criteria to determine the illegality in the exercise of corporate powers and how are modalize with strike action are presented.