In dubio pro operario it is the legal principle that states that, in case of doubt in the hermeneutics of the norm, the worker will be favored.
This legal principle implies that both the judge and the interpreter of a legal text must, before a doubt of interpretation, choose the one that is most favorable to the interests of the worker.
The conditions for applying this rule are:
- There must be real doubt as to the meaning or scope of the legal norm.
- The interpretation must not be contrary to the worker’s will.
Article 7 of the Labor Code, regarding this aspect, provides that “in case of doubt as to the scope of the legal, regulatory or contractual provisions on labor matters, judicial or administrative officials shall apply them in the most favorable sense to the workers”.
* Note: The FEXLAW DIGITAL publication is not and cannot be used as legal advice or opinion since it is a purely informative document.