En torno a los criterios flexibles para la designación de delegados sindicales: ¿Una cuestión cerrada?

This paper analyses various questions on trade union representation in the company. After contextualising this matter in the doctrine of the Constitutional Court regarding the minimum or additional content of trade union freedom, it reviews the case law of the Supreme Court on the appointment of tra...

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Bibliographic Details
Main Authors: Sánchez-Urán Azaña, Yolanda, Fuentes García-Romero de Tejada, Carlos de
Format: Article
Language:Spanish
Published: 2022
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=8386764
Source:Revista de Estudios Jurídico Laborales y de Seguridad Social (REJLSS), ISSN 2660-437X, Nº. 4, 2022, pags. 130-158
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Summary: This paper analyses various questions on trade union representation in the company. After contextualising this matter in the doctrine of the Constitutional Court regarding the minimum or additional content of trade union freedom, it reviews the case law of the Supreme Court on the appointment of trade union delegates in the company and analyses its judgements over the last three years, focusing on two main issues: the role of the collective agreement in this matter and the possibility of appointing trade union delegates in intermediate areas between the company and the workplace. Also important is the study of the sectoral regulation of the last twenty-two months. In the conclusions, interpretative guidelines are proposed with regard to the connection between trade union representation and the role that could be played by the collective agreement.