Normative analysis evaluates unlawful diploma withholding in employment agreements, indicating potential human rights violations.
Key Points
Withholding diplomas as a condition of employment often conflicts with the principle of freedom of contract, raising legal concerns regarding workers' rights.
Analysis shows that diploma retention clauses may violate the conditions for a valid agreement under Article 1320 of the Civil Code.
A normative juridical approach assessed relevant laws and court decisions, exposing potential human rights violations from such contract clauses.
Stricter regulations are recommended to combat diploma withholding, ensuring equal and fair employment relationships in line with contract law principles.