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What is a tacit clause in the employment contract?

Often, the Labor Inspectorate and Labor Courts allude to a concept that generally privileges workers and often generates costs for employers. This is the Tacit Clause contained in the contracts, something like a practice that the parties have been assuming in the field of labor relations.

The Labor Office in Opinion No. 4864 of September 20, 1999 and No. 5272 of October 25, 2016, among others, pointed out that the doctrine of the tacit clause has established that all forms of employment are an integral part of the contract of employment: rights and obligations to which the parties have mutually bound themselves in the facts and in a stable form in the time, although they are not expressly contemplated nor materially carried out in the contract.

This way, the literal and written commitment of workers and employers is extended, since the labor contract, according to paragraph 1 of article 9 of the Labor Code, has the nature of consensual and obliges beyond the mere tenor of the Text signed by the parties, which can only be rendered ineffective by mutual consent as required by Article 1545 of the Civil Code.

2017-09-18T16:48:30+00:00 28/12/2016|Latest news|