El derecho de la competencia como límite de la negociación colectiva
Year: 2019
Type: article
Abstract: Free competition and collective bargaining have traditionally moved in separate areas, one in \nthe territory of commercial as the second has done in space labour. This has led to that without \nmutual interference, but also with a high dose of misunderstanding have developed over a long \nperiod of time. In recent times, however, are arising some friction between both rights, recognized \nin our law at the highest level in the constitutional texts and the own European order, which has \ncontinued to cause significant strains, not always easy resolution. Although in quantitative terms, \nthe issues are not very high, do not cease to present an emblematic character, are forced to face \nthe issue from general principles that settle the bases on which are built both legal institutions: \nnegotiation collective and free competition. This study, based on an analysis of the role played by \ncollective bargaining, proposes a competence distribution between both legal perspectives, with \nthe timely realization to its most significant manifestations. This matter is no exception to procedural \ndisputes, requiring some kind of legislative reform, which give coherence to the matter and \navoid conflicting results, origin of insecure legal and barely understandable from the perspective \nof material justice.
Author: Jesús Cruz Villalón
Language: Spanish
Topic: Legal and Labor Studies
Subfield: Industrial relations
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W2980909333