Las necesarias transformaciones de la negociación colectiva en la estiba y desestiba
The legal reform carried out in 2017 of the model of labour contracting in the stowage and unloading in ports of general interest, requires a renegotiation of all the collective agreements in that area. This is a modification of the conventional texts of notable importance, so in this study we proce...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2018
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6551478 |
| Source: | Temas laborales: Revista andaluza de trabajo y bienestar social, ISSN 0213-0750, Nº 142, 2018, pags. 109-145 |
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| Summary: |
The legal reform carried out in 2017 of the model of labour contracting in the stowage and unloading in ports of general interest, requires a renegotiation of all the collective agreements in
that area. This is a modification of the conventional texts of notable importance, so in this study
we proceed to analyze the concrete impact of those necessary changes, derived not only directly
by the legislative change, but also by the obligatory respect for the collective agreements to the
principles and rules of European Union Law regarding economic freedoms, in the terms specified
by the Court of Luxembourg; without forgetting that this can also affect constitutional imperatives
such as those related to the prohibition of discrimination, freedom of choice of profession or work,
as well as the right to collective bargaining. The full implementation of the new work model in the
stowage activity can only materialize in practice from the implementation of the reform through
collective agreements. These changes affect both the contents of the agreements, which must start from the freedom of hiring labour by the stevedoring companies from now on, as well as affect the development framework of collective bargaining, especially as regards to the rules on subjects empowered to negotiate, on bargaining units and applicative preference among collective agreements. In the same terms, the traditional specialties of irregularity of workloads require specific maintenance and continuity of employment measures that, if not established by state regulations, could be agreed by collective agreements |
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