Abstract

OSTAU DE LAFOND DE LEON, FRANCISCO RAFAEL  and  CHAVARRO, LEIDY ÁNGELA NIÑO. Trade union immunity for private workers: a restricted guarantee in Colombia. Rev. Derecho [online]. 2021, n.56, pp.169-193.  Epub June 03, 2022. ISSN 0121-8697.  https://doi.org/10.14482/dere.56.348.63.

This research aims to analyze the jurisprudential discourse of the Courts on the guarantee of the exercise of the right of union association of private workers in Colombia, called union jurisdiction. Based on legal sociology, the criteria and effects that have been developed for the protection of the right of trade union association are studied. As a result, we find that although the 1991 Constitution and ILO conventions 87 and 98 determine the protection of this right, the judges deviate from its application, widening the margin of un protection for workers who exercise this right.

Keywords : Trade union jurisdiction; right of trade union association; workers' representatives; Freedom of association.

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