Abstract
| Páginas | 251-253 |
251
THE EXTRA-CONTRACTUAL GUARANTEE OF THE RIGHT TO STRIKE: A SYSTEMATIC
RECONSTRUCTION. Wilfredo Sanguineti Raymond
Abstract: In the last years the guarantee of the right to strike has gained an
unusual presence in the legal praxis. The reason is found in deep changes in
our productive reality, which has produced the necessity to build new ways of
guardianship, which allow to fulfill its constitutional role in a very different con-
text. Among them, its projection to other employers who have strong coopera-
tive linkages with the one directly affected by the strike. A phenomenon which
means the building of an unprecedented extra-contractual guarantee of the
right to strike. The aim of this study is to perform a systematic reconstruction
of that guarantee which act to clarify its base, the formulas of business coopera-
tion on which it works and its consequences. The thesis which is supported to
this end is that of the construction of an instrumental employer position to the
effects of the protection of the right to strike, whereby other employers, specially
linked to the holder of the worker relationship, take duties which should belong
to this last one.
Keywords: strike, indirect or commercial strike-breaking, company network,
group of companies, special link, production decentralization.
THE CHALLENGES OF THE INTERNATIONAL EMPLOYMENT LAW: THE OIT CON-
FRONTED TO THE
LEX MERCATORIA
(IN TIMES OF COVID-19). Adoración Guamán
Hernández
Abstract: The “market authoritarianism”, its main tool, the Lex Mercatoria and
its main players, the International Financial Institutions and the Multinational
Companies, mean today the main threats for the protection and promotion of
the human rights in general and the working rights specially.
The expansive action of institutions such as the International Monetary Fund,
the proliferation of the new generation trade and investment agreements and
the spread of the global value chains have invaded the working regulatory frame-
work and it crashes clearly with the role of the International Labour Organiza-
tion, which should head up the global governance of the labour relations. This
confrontation between the aims and principles of the Global Capital Code, its
institutions and basic rules, with the International Law of the Human Rights
and particularly with the principles of the OIT, it shows the present failure of
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