1.3 Industrial Jurisprudence and Fundamental Rights of the Workers

Industrial jurisprudence = the workplace's own justice-theory: the efficiency-plus-equity balance (the industrial peace through fairness); the specialised adjudication's rationale (the labour disputes' technicality and urgency — the ordinary courts' unsuitability; the cheap-quick- informal forums' design); the interpretive canons: the pro-worker canon (the ambiguity resolved for the worker — the protective purpose's reading), the beneficial construction (the welfare provisions liberally read), the rights' non-waivability (the minimums' mandatory character — the contracting-out bar). The workers' fundamental rights (the constitutional anchors): the freedom of association and unionisation (the labour freedoms' constitutional guarantee); the equality and non-discrimination (the equal pay for equal work — the Constitution's specific command on the basis of sex); the prohibition of forced labour; the child-labour prohibition and regulation; the social security's promise (the state policy's directive — the contributory- and-universal trajectory); the dignity at work (the harassment's prohibition; the safe workplace).