Resumo

CIALTI, Pierre-Henri. The autonomous extrajudicial resolution mechanisms of collective labor disputes: the Spanish case and notes on the Colombian legislation. Rev. Derecho [online]. 2016, n.45, pp.169-211. ISSN 0121-8697.

The workplace is, without doubt, a source of latent conflict between employers and workers. This uniqueness forced to contemplate and invent mechanisms to adequately regulate this inherent and consubstantial conflict to work. Consequently, the Spanish legal system has not ceased to encourage the use of extrajudicial dispute resolution mechanisms, especially in labor matters. Certainly, these mechanisms promote industrial peace and, indirectly, enhance business productivity and national production. The uniqueness in the matter relies in the fact that the law refers to collective bargaining promoting extrajudicial mechanisms and supports them materially. These so-called autonomous mechanisms, which are mainly used in resolving labor disputes, will be the focus of our purpose. First, we will address the constitutional, legal and conventional foundations of these mechanisms. Secondly, we analyze its operation and its implementation through mediation, conciliation and arbitration. It is highlight a disturbing trend whereby the recent legal reforms approved in Spain is trying to undermine these mechanisms in favor of increasing the powers of the employer. Finally, it will be pertinent to make some notes regarding the Colombian law having different substantial aspects, especially the broad framework of action of compulsory arbitration, which can be explained by a very different historical and social context.

Palavras-chave : collective labor dispute; autonomous extrajudicial resolution mechanisms-collective bargaining; conciliation; mediation; arbitration.

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