Análisis de Caso (N.01371- 00118- 2019). Aplicación del principio de primacía de la realidad en materia laboral. Elementos de un contrato de trabajo

Abstract

In the present case analysis we find with a situation that frequently occurs in practice, as employers try to hide the employment relationship with their workers using other contracting figures, as in the present case, which tried to use the figure of provision of services; However, it was concluded that there is indeed an employment relationship, based on the elements that are present in the contract, especially subordination and dependence, in addition to the application of the principle of the primacy of reality, these being the key points to clarify the type of relationship that existed between the parties; also this analysis shows the importance of usefulness of the arbitration clause existing in this contract.