Abstract

This manuscript introduces a novel approach to labor law designed to address the challenges of its application. This framework combines proactive and reactive measures to create a more effective regulatory system. Proactive measures, often referred to as “ex-ante” actions, focus on preventing violations before they occur. On the other hand, reactive measures, known as “ex-post” actions, are geared towards identifying violations and applying penalties after they have taken place. The proactive approach emphasizes the importance of compliance through preventive measures. In contrast, the reactive approach targets enforcement when proactive compliance fails. The methodology is primarily based on the systematic study of legal doctrine, which encompasses both preventive (ex-ante) and deterrent (ex-post) methods and applies legal concepts, rules, and principles to address labor law challenges.

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