Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

The new Spanish regulation establishing compulsory hourly registration systems for employees in all types of companies and activities is generating intense debate about its practical usefulness and, above all, whether it goes against the new forms of employment and the flexibility the new world of work/employment world is demanding.

The authors present a logical-legal analysis of the main arguments contained in the allegations that have been exposed in Peru in favor of implementing the reform of the employment security regulation downwards. Thus, since the period from the publication of the known judgments of the Constitutional Court on reinstatement, until the current debate raised after the unilateral approval of the National Productivity and Competitiveness Policy, the essay identifies the implicit and explicit arguments of those who propose a review of the regime of protection against dismissal. All this with the purpose of analyzing the constitutional basis of such argumentation from the tension that exists between the principles of freedom of Enterprise and employment stability.

This study makes a diagnosis of the national collective bargaining models in Europe. It mainly offers a presentation of its most recent evolution, detecting possible trends, its uniformity and/or differences. An attempt has been made to avoid an isolated description of each national regulation, since a transversal study is considered a better option, as it would allow to make an appropriate comparison among the matters that involve all the referred regulations: legal sources, typology, structure and concurrence, subjects, procedure, legal effectiveness, duration, administration, legality controls, as well as business content. This has allowed us to detect to what extent how many groups of existing national systems exist regarding any of these aspects, that is, collective bargaining models with common identity signs and similar tendencies towards convergence or divergence.

This paper aims to analyze the recent regulations related to salary equality between men and women. We will make a feedback from a practical and legal approach to this regulation and we will evaluate what would be the next legislative impulses that must be given in the future to achieve the long-awaited equality in the working world.

This text deals with the topic of performance as part of the mandatory content of the employment contract. The worker is forced to work with the necessary implication of achieving a certain performance. The quantification of this complicated result therefore raises the possibility of termination of the employment contract as a result of breach of performance due throughout this article.

This work analyses -from a strictly legal dimension- two current problems that the confrontation between work and privacy presents: on the one hand, the determination of the protected area of the right to privacy, that is, the content of that right within a labour relationship; thus, a dogmatic wide conception will be sustained, understanding it not only as a secret but also as a right of self-determination. On the other hand, what are the limits of privacy, in order to solve the possible conflicts between this right and those that are recognized to the employer.

This article proposes an analysis of the relationship between law as a field of discourses and practices, and the formation and accumulation of semi-stationary street vendors’ symbolic capitals in Bogotá (Colombia). Such relationship can show the consolidation of a labor vindication through the appropriation and strategic reinterpretation of certain juridical categories and resources seen as supporting arguments for the exercise of an economic activity in the public space that opposes the District’s Government’s (formalization) and Metropolitan Police’s (recovery of public space) interests. For this purpose, the results of an ethnographic fieldwork that analyze the conceptual development of the Constitutional Court’s jurisprudence and the daily reality of the vendors in their work spaces show a subjective construction given by the juridical appropriation, the social networks and the use of a territoriality sense negotiated in street commerce. The conjunction of these elements provided an insight on the construction of a political-juridical claim and a labor vindication that rises as an alternative to the local government’s formalization offer. This article mainly contributes to socio-juridical studies with its ethnographic methodology applied to the juridical dimension and the symbolic effects of law on conflictive urban scenarios.

The issue of a regulation implementing the fundamental right of public servants to collective bargaining on wages still remains a pending challenge in our country. Taking this into consideration, and in order to propose solutions regarding the appropriate regulations on this matter, this article seeks to raise awareness on the public administration career as a constitutionally right, wich content deserves special attention and observance for the purpose of regulating collective bargaining on remuneration in the public sector, after noting the negative and positive impacts on the structure of the Public Administration resulting from the compliance and non-compliance with the foregoing.

The 21st century is witnessing changes in the labor market, which have reduced traditional Labor Law’s ability to fulfill its objectives of guaranteeing dignified living conditions for all workers. Thus, there are tendencies of diversification and precarisation within the area of dependent labor, while outside their historical boundaries other forms of work demand protection that their own regulations are unable to provide. New forms of atypical and non-standard forms of employment arise, such as zero-hours contracts, voucher work, smart work and platform work. Each one of these defies long-lasting rules and regulations on the use of dependent work, which were constructed with a very different model of employment in mind. The consequence is that the 21st century requires a different regulatory model, in which block applications of differentiated regulations based on legal qualifications, as up to date, are not used any more, but instead more flexible techniques are applied, allowing common rules to be shared and ensuring a minimum standard of protection to all. Surprisingly enough, these techniques have been available to Labour Law for decades, but it has made a very reduced use of these.