Abstract

BALLADARES-MOREIRA, Maribel Abigail; MERINO-SANCHEZ, Wilson Yovanny  and  DELGADO-RODRIGUEZ, Ramiro Nanac. Non-waiver of labor rights and preservation agreements in the Humanitarian Support Act, 2021. Noesis [online]. 2025, vol.7, n.esp1, pp.2047-2061.  Epub Nov 30, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i1.578.

During the COVID-19 pandemic, the Organic Law on Humanitarian Support enabled agreements to preserve jobs, putting pressure on the principle of the inalienability of employment. The objective was to analyze the extent to which and why the agreements in Article 16 affected inalienability in 2021, identifying scenarios, actors, and gaps in control. Qualitative, documentary, and field research was conducted; analytical-synthetic and inductive methods were applied; and five experts were interviewed. Eighty percent believed that the agreements violated rights and favored employers; 60% perceived coercion toward workers; and 80% considered them unconstitutional. It was noted that Article 16 operated without sufficient state control, creating risks of regressivity and inequality. It was concluded that, in 2021, the application of these agreements facilitated the violation of the principle of non-waiver, which required greater public oversight and effective protection.

Keywords : Labor law; labor relations; rule of law..

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