Derecho laboral vs. Derecho cooperativo. Análisis sobre políticas públicas y derechos encontrados ¿Qué prevalece?

Abstract

This work aims to raise awareness and generate discussion on a topic that has emerged in Puerto Rico and possibly other countries in Latin America and the Caribbean, although such a debate is not known or we have been able to identify it beyond the seas, including some discussion on the effects that could have in the different public policies approved by the National Governments. This debate because of its relationship with the working class and the cooperative class has the potential to provoke confrontations, intellectual and doctrinal and impact theories and positions on autonomy and independence of cooperativism, which imposes the obligation to rethink the issue and raise it to public discussion including the need to improve cooperative education and more rigorously in people who are forced to interpret the current legislation and adopt determinations on their reach more when such public policy is born of social legislation. The reality is that in our Island, Puerto Rico, there are several law schools, none of which requires enrolling in a course on law or cooperative education that does not turn out to be a subject as studied as labor law and therefore is very It is unlikely that we have judicial officers or magistrates interested or learned in cooperative matters, which presages a dislocation in judicial decisions vis a vis the current public policy in favor of cooperativism. In the facts studied in this paper we will try to demonstrate how the Cooperative Legislation and therefore the public policy that emanates from it yields before the Labor Legislation impacting the rights and obligations that arise from the laws in force, the autonomy of the will, the contractual freedom and of the cooperative act.