La subordinación como elemento necesario en la existencia de la relación laboral

Abstract

The objective of this article is to identify how subordination is integrated as a decision-making element in the employment relationship within labor law; Accordingly, documentary - legal review was used on this subject, with the use of a qualitative methodological approach and the application of methods such as analytical - synthetic and descriptive, those that allowed to fulfill the objective of the investigation, finding that, from the analysis of the different modalities of work, although apparently, they are autonomous jobs not subject to any subordination, in certain cases they can be framed in a relationship of dependency, thus configuring the employment relationship. An analysis of subordination / dependence is proposed as a primary element, for consideration by the judge, when they are raised to his knowledge within a legal contest, where the emphasis on other predominant sources of law is required as the application of the principle of primacy of reality, to determine the situation adjusted to the facts and thereby extend the simple recognition or not of the role of employer of one of the parties, after a labor test, with the so-called reality contract.