Reasonableness It is a notion whose etymological origin is found in the Latin word rationabilitas. The term refers to the condition of what results reasonable and that, therefore, is consistent with the reason .
It should be noted that the reason is the ability of the human being to reflect and analyze to obtain a conclusion. The process and the result of this mental activity is known as reasoning .
What is reasonable, in short, exhibits reasonableness. For example: "I don't want to argue with you, but I have to tell you that your proposal is unreasonable", "The reasonableness of my arguments was questioned by the boss", "There is no reasonableness in the projects presented by that political party".
In the field of right , talk about principle of reasonableness to name the criterion which regulates the exercise of the rights of the parties. This concept is used in the context of labor law to prevent both employers and workers abuse of the rights that the law recognizes them.
What the principle of reasonableness seeks is the empire of common sense and of the logic . While the law allows a company to fire an employee when he commits a fault, he does not endorse that any fault serves as an excuse to terminate the employment contract unilaterally. The judge must adhere to the principle of reasonableness to determine whether the exercise of the right of the employer to terminate the contract is being used reasonably or if, on the contrary, it constitutes abuse.
Many times, employers take advantage of any excuse to fire certain workers with whom they did not have a good relationship, for different reasons; This procedure is unethical, since personal issues should never generate interference in the workplace .
When a contract is signed, each party undertakes to fulfill a series of obligations and to respect certain rights; Everything related to incompatibility at a personal level between said parties may not be the cause of the termination of said contract, but rather a search must be made. agreement by legal means.
Similarly, a slight offense should result in measures such as a reinforcement in technical training or a wake-up call to prevent recurrence and to improve employee performance, but cannot lead to termination of the contract. As well as the principle of reasonableness, there are other tools that have the right to guarantee certain people fair treatment by those who have some kind of power about them.
He proportionality principle , for example, can be considered analogous to that of reasonableness, since it serves to prevent a person from making excessive use of his power to punish another and deprive him of his freedom; in this way, it tries to promote its use only for the protection of legal value goods.
It is very important to remember that reasonableness is relative, not only in the personal and informal sphere, but also before the law . The judicial system cannot give a solid answer to the question "what is reasonable?", Since this always depends on each particular case. Therefore, the development of this legal instrument, the principle in question, continues, adapting to the times and new points of view of law, to ensure human beings adequate protection at all times .
The reasonable thing is that which can be justified, which is not arbitrary, especially when in the case to which it wishes to apply is relevant the principle of equality . In the family of this term, notions related to proportion are found, as is the case with the word "reason," and this qualifies the concept with a need for harmony, for balance.