Commutative justice and the principle of synallagma in employment contracts in relation to labor stability

Abstract

The current law in its structure has not only rules, but also principles that underlie contemporary legislation, one of them is the traditional principle of reciprocity in changes or synalagma, which focuses on internal parts relationships and determines the existence of reciprocal considerations between the contracting parties. Now, as soon as one of the intervening parties fails to comply with the reciprocal consideration derived from the legal relationship reached by the agreement of wills, it generates an unjust act that gives way to the right of the aggrieved to request reparation and the consequent obligation of the counterpart to pay. In this sense, the consideration is not necessarily proportional, that is, it is not geometric as Aristóteles would refer to it, but rather it is arithmetic, because it looks at the parties as equals, focuses on the damage caused and seeks to restore the objective right and the equality, which can be through the payment of compensation, in order to materialize commutative or corrective justice, to achieve the ideal of justice and common good, as stated by Santo Tomás de Aquino. In this context, the labor stability of workers can be studied by overcoming the barrier that limits knowledge to the protective principle and the sub-principles that comprise it and transcending the analysis of the principle of anthropy and mainly that of reciprocity in changes or synalagma, which highlights the nature and specificity of the relationships that derive from the provision of work, recognized as the physical or intellectual effort that is provided in exchange for remuneration.