When it is said that something presents retroactive character will imply that works 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 request of Right, the retroactive nature of a rule or a legal act, means that the application of the aforementioned will not only be made on future events but will also be applied on situations prior to its enactment.
Concept applications
For example, at the request of the initiation of a retirement process, once the justice or the competent body approves it, it will be considered that the benefit is in force, therefore, even if the bureaucratic issue takes months to be finalized, 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 sum of money paid in a timely manner to a worker and the amount that in effect should have been paid at that time.
In some way, it is a compensation that must be paid to the employee, either because he or she carried out a lawsuit or any other administrative procedure to have that difference recognized in his favor, so that in effect he recovers that difference that was paid to him from less, and that was his 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 the facts; salary updates for collective agreements; due to the lack of correspondence between the employment status of the employee or the contract; either 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 course.
The salary increases that are discussed and agreed upon jointly by unions, 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 an increase for teachers in June of 30% to compensate for the inflationary scenario, being the same retroactive to the month of March when classes began.
This will imply that the salaries collected between the months of March and June must be added the increase of that 30% decided at the request of the parity.
In any case, such a question proposes an exceptional situation because it may be that it is in contradiction with the principle of legal certainty that people have regarding the rights and obligations they possess.
Principle of non-retroactivity
At criminal law governs the principle of non-retroactivity which tends to protect citizens who may be later sanctioned 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 rules that harm the accused but not those that benefit him, so if a criminal offense is repealed by a subsequent law, the most beneficial regulations may be applied.
