Critical analysis of the application of the estoppel doctrine on labour matters

Abstract

Over the last years, the jurisprudence of the Supreme Court has recognised and validated the so-called estoppel doctrine in the settlement of disputes in which the civil or labour nature of the judicial bond between employer and employee is discussed. This has led to numerous discussions on the part of the labour doctrine. This study is aimed at contributing to this debate and to stress the judicial implication these rulings have regarding the efficacy of the labour order in force, especially, because the application in Labour Law of doctrines born under the Civil Law can eventually affect the basic principles and institutions from which the guardianship of the subordinated employees' right has been built.