Liability due to employer´s fault explanation. Analysis of the civil liability regimes proposed for its explanation

Abstract

Liability due to employer’s fault (Substantive Labor Code, art. 126), has its roots in labor law and, therefore, it is autonomous from other fields of law. The contractual and extra-contractual liability regimes settle their particularities in the canons of civil law, which regulate their own application scenarios. However, this dualistic position, contractual and non-contractual, does not contain the necessary foundations to give an assertive response to the legal theoretical structure of liability due to employer’s fault. The methodological parameter of documentary analysis with a critical and qualitative approach of the jurisprudence and national doctrine is followed. The results of this research study show that the position of the Labor Chamber of the Supreme Court of Justice does not have legal theoretical coherence to offer an understanding of liability due to employer’s fault, either from the scope of contractual or non-contractual liability.