1.3. CHARACTERISTICS

In addition to the characteristics common to other branches of legal science, Labor Law has peculiar traits that stand out.

Thus, it can be said that Labor Law is characterized by excessive protection of the employee, who is considered as a vulnerable party, in order to achieve its primary objectives, which are to obtain better working conditions and social peace, whether through state legislative means or through individual and collective labor negotiations.

Labor Law grants unequal treatment between representatives of capital and labor. The worker is considered a weak element in the employment relationship, and the employer is considered to be hyper-sufficient. To compensate for this factual vulnerability, labor law grants the employee several prerogatives (legal plane), including limitations on the waiver of their rights.

It can be concluded that the vulnerability of the employee upon which labor law protection is based is legal, since it arises from the conclusion of an employment contract regulated by law.

It should be noted that Law No. 13,467/17, called the Labor Reform Law, legally recognized the figure of the hyper-sufficient worker (art. 444, sole paragraph, of the CLT), that is, one who, due to their level of salary (economic hyper-sufficiency) and technical-scientific knowledge (technical hyper-sufficiency), does not require the same level of protection afforded to vulnerable workers (legal vulnerability).