Jurists in Latin America operationalize the protective principle through the rule of in dubio pro operario, which essentially means that a judge or other adjudicator must ride in favor of the worker when confronted with hard cases.
The authors further argue that Latin American labor jurists would recognize that a canon of statutory interpretation, such as in dubio pro operario, sometimes prevails in the U.
WHEN IN DOUBT, RULE IN FAVOR OF THE WEAKER PARTY: THE RULE OF IN DUBIO PRO OPERARIO III.
In fact, Latin American jurists would recognize something akin to the rule of in dubio pro operario, a Latin American canon of statutory interpretation that posits that hard cases must be resolved in favor of workers, in the Anglo-American legal maxim that states that remedial statutes must be interpreted liberally.
Part 111 describes the rule of in dubio pro operario which follows from the principle of protection.
Latin American labor judges and scholars commonly apply the rule of in dubio pro operario--when in doubt, decide in favor of the worker--as a fundamental manifestation of the principle of protection.
The application of the rule of in dubio pro operario is debatable in the ambit of collective bargaining because some scholars have argued there is no significant imbalance of bargaining power between labor and capital in collective labor relations.
The in dubio pro operario rule is mainly used to give meaning to the law, individual contract or company rule and not to interpret the facts of cases.
In Chile, the rule of in dubio pro operario has been discussed most often by scholars.
Although Uruguay has not established in dubio pro operario by statute, the rule has been widely disseminated by scholars (115) and has been applied by the courts.