Economic constraints versus fundamental rights, a new paradigm in labour relations


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Abstract: In this article we demonstrate the process of trivialization the fundamental working rights are suffering, which are being unknown or avoided of their meaning in the regulation of the working relationships to get a so-called effectiveness of the working market or the job creation. Although it is a trend which has been exacerbated with the economic crisis, it cannot be merely circumstantial, but it is also making a change of paradigm in the model of the labour relations. This model with less balance of power in the relations between workers and employers, less union participation and a weaken collective bargaining, this model is much more authoritarian. Opposite this, in this article we regain and claim some items of the Labour Law that the Constitutional Court has considered derived from...

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