When it is said that something presents retroactive will imply that work and has both force and validity over the past.
That which has legal validity over the past and must be recognized and applied if there is a ruling or decision that supports it
At the behest of Righthe retroactive nature of a norm or a legal act, supposes that the application of the aforementioned will not only be made on future events but will also be applied on situations prior to its promulgation.
applications of the concept
For example, at the request of the initiation of a retirement process, once the court or the competent body approves it, the benefit will be considered to be in force, therefore, even if the bureaucratic issue takes months to materialize, when the sentence is final , the retiree will collect the retroactive, that is, the previous months since the benefit was approved.
On the other hand, the concept is commonly applied in the world of work in relation to the payments that an employer has to make to an employee.
Retroactive payment implies the difference that exists between the amount of money timely paid to a worker and the amount that in fact should have been paid at that time.
In a way, it is a compensation that must be paid to the employee, either because they filed a lawsuit or any other administrative procedure for that difference to be recognized in their favor, so that in effect they can recover that difference that was paid less, and that corresponded of course.
This situation that we just expressed and that currently occurs in the workplace can occur due to various situations and obviously it is a worker’s right to claim for compensation and compliance with the law.
Among these circumstances we can mention the following: the validity of an agreement that established an increase in assets that finally did not materialize in fact; salary updates by collective agreements; due to the lack of correspondence between the employment status of the employee or the contract; good because the employer decides to increase the salary of his employee in recognition of his good performance and then it is retroactive to a certain period that the employer will establish in due time.
Salary increases that are discussed and agreed upon in trade union meetings, for example, tend to be retroactive many times, depending, of course, on the agreements that are signed.
For example, with a specific case it will be better understood… The government establishes a 30% increase for teachers in June to compensate for the inflationary scenario, being the same also retroactive to the month of March when classes began.
This will imply that the 30% increase decided at the request of the parity must be added to the assets collected between the months of March and June.
In any case, such a question poses an exceptional situation because it may be that it conflicts with the principle of legal certainty that people have regarding the rights and obligations they possess.
Principle of non-retroactivity
In it criminal law governs the principle of non-retroactivity which tends to protect citizens who can be sanctioned later for an act that when it was carried out was not punishable by law. Meanwhile, the aforementioned non-retroactivity is not absolute but only involves the regulations that harm the defendant but not those that benefit him, so if a criminal offense is repealed by a subsequent law, the most beneficial regulations may be applied.
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