La protección de los derechos colectivos en las relaciones laborales especiales
The aim of this thesis is to discuss, from a legal point of view, the collective or trade union rights of employees linked to the employer by a special employment relationship.The goal of this analysis is to show the unequal legal protection given to these special workers in comparison with employee...
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| Format: | doctoral thesis |
| Status: | Published version |
| Publication Date: | 2004 |
| Country: | España |
| Institution: | Universitat Rovira i virgili (URV) |
| Repository: | Repositori Institucional de la Universitat Rovira i Virgili |
| OAI Identifier: | oai:urv.cat:TDX:546 |
| Online Access: | https://hdl.handle.net/20.500.11797/TDX546 http://hdl.handle.net/10803/8767 |
| Access Level: | Open access |
| Keyword: | 35 - Administració pública. Govern. Assumptes militars 349 - Branques especialitzades del dret. Matèries legals vàries 34 - Dret 331 - Treball. Relacions laborals. Ocupació. Organització del treball |
| Summary: | The aim of this thesis is to discuss, from a legal point of view, the collective or trade union rights of employees linked to the employer by a special employment relationship.The goal of this analysis is to show the unequal legal protection given to these special workers in comparison with employees under the ordinary system, taking as a yardstick the regulation of collective rights by employment law governing the latter.The differing extent to which collective rights are protected in special employment relationships, depending on whether they are exercised in a more or less comparable way to employees under the ordinary system, leads me to the following classification: special employment relationships with maximum protection (sports people, artists, sales representatives, disabled people in special employment centres, dockers and resident doctors), those with medium protection (senior management and domestic service staff) and those with minimum protection (inmates working in prison workshops, institutionalised minors and employees of military establishments).To arrive at this classification I make use of two parameters: the secondary nature of ordinary employment regulations in governing the collective employment rights of each of the special employment relationships, and the protection afforded by compulsory legislation in each case, always in comparison with the ordinary employment regulations. Combining both of these provides a way of cataloguing special employment relationships which makes it possible to distinguish between those with maximum protection, as they are equivalent to the ordinary system, those which, while they may be equivalent by law, present certain material difficulties in exercising the rights in question, and those characterised by minimum prot |
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