Ius et Praxis
versión On-line ISSN 0718-0012
CAAMANO ROJO, Eduardo. LA LEY DE SUBCONTRATACIÓN Y LA TUTELA DE LOS DERECHOS FUNDAMENTALES DE LOS TRABAJADORES DE SERVICIOS TRANSITORIOS. Ius et Praxis [online]. 2007, vol.13, n.2, pp.157-194. ISSN 0718-0012. http://dx.doi.org/10.4067/S0718-00122007000200008.
The dictation of Law N° 20.123 has again positioned the sub-contracting topic in the Chilean Labor Right with regard to the important transformations that are introduced to the regulation system and the protection of the subordinated work contained in the Labor Code, as well as, for the legal, economic and social consequences that will involve the implementation of this rule. The current research work intends to show a general analysis of the modifications introduced in our labor ordinance by this new legal text, to focus, specifically, in the questions produced by the sub-contracting law about the incidence that fundamental rights of temporary workers have. That way it is searched to be able to determine the way in which these essential guarantees of the human being are projected in the special legal relation of a triangle character derived from the personal service sub-contracting between the temporary service company, the user and the worker. Similarly, it is intended to provide some ideas and solutions about the real possibilities of the jurisdictional protection these fundamental rights might get in case of being injured, in agreement with the provisions of the guardianship procedure incorporated by Law N° 20.087
Palabras clave : Sub-contracting; fundamental rights; temporary worker; employment contract; direction power.