A New democratic model of labour relations
| Páginas | 265-267 |
Page 265
Abstract: This article summarizes the Spanish regulatory and social situation after the labour reform of 2012, considering negatively both the job losses and the widespread of casual and badly paid work and the legislative incentives which have propitiated these phenomena, compensated only partially by their revision in judicial court and the maintenance of an adverse strong social mobilization. In view of electoral changes, some political forces have shown projects and proposals to reverse this situation. This article examines the essential points of a new regulatory model of labour relations through the design of a formal framework to strengthen the individual and collective rights of the workers and the reformulation of certain practices of the trade union action.
Keywords: Fundamental rights, labour reform, collective bargaining, social partnership.
THE LAW 23/2013 IN THE FRAME OF THE EXCESSIVE DEFICIT PROCEDURE AND THE BANK RESCUE : COMPLIANCE ANALYSIS WITH THE SPANISH INTERNATIONAL LAW OF SOCIAL SECURITY
Abstract: The Law 23 / 2013 regulatory of the Factor of Sustainability made a real structural change in our Social Security System, giving up the blows of the right of control of the community deficit. This reform makes us foreshadow a second capitalized pillar of the system, in those countries which cannot reach the limits of deficit, as an exit route established by the community Regulations.
The reform is employed with an economic aim different to the own sustainability of the system, directed to the need of immediate budget cuts, coinciding with the rescue of the Spanish banking sector. Its special importance and the particular circumstances which have originated them, impose the analysis of its compatibility, as a block of constitutionality, with the international standards of applicable human rights. Specially, with the Protocol 1 of the CEDH, the art 12.3 CSE related to the art 31 CES and the art 9 PIDESC related to the arts 2.1. PIDESC.
After the financial crisis, only the supranational economic and control of budget deficit law has been able to cross effectively the legal borders of our legal system. Now, the international rules of constitutional protection, which are provided with legal force and comparable guarantees, are destined to play a fundamental role as a counterbalance, as a constitutional readjustment and as a guarantee of the fundamental rights, in a global legal framework.
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Keywords: Factor of...
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