The specialization of Law that is necessary to establish rules concerning social relations, especially those in which a person provides services for the benefit of another and under their dependence, in exchange for compensation, is called Labor Law. Thus, the factual substrate of this branch of Law is the subordinated work relationship, and more precisely, work itself. It is therefore necessary to identify and describe its characteristics.
The term work expresses an idea of suffering, as it derives from the Latin word tripalium, an instrument consisting of a tripod formed by three stakes driven into the ground, used to torture slaves in primitive societies. Thus, to work (tripaliare) meant to torture someone with the tripalium.
The Bible itself makes a connection between work and punishment, as can be seen from the reading of the passage that speaks of the expulsion of Adam from paradise: "In the sweat of thy face shalt thou eat bread, till thou return unto the ground; for out of it wast thou taken: for dust thou art, and unto dust shalt thou return. Genesis 3:19."
Etymologically, work constitutes human action through which the energy of a person is directed towards a certain goal.
The term work can also be understood as the application of activity, service, effort, fatigue, action or result of the action of an effort.
Historically, however, the concept of work is intimately related to the use of the worker's strength with the objective of receiving compensation, to provide for their own maintenance and that of their family. When personal energy is used without this purpose, there will simply be human activity and not human work.
It is concluded, therefore, that all human work represents human activity, but not all human activity can be considered as work, such as sports, recreational activities, etc.
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