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Vniversitas

Print version ISSN 0041-9060

Abstract

CIALTI, Pierre-Henri  and  VILLEGAS-ARBELAEZ, Jaivo. TRADE UNION REPRESENTATIVENESS AS A TOOL FOR TRADE UNION PROMOTION IN COLOMBIA. Vniversitas [online]. 2017, n.135, pp.53-98. ISSN 0041-9060.  http://dx.doi.org/10.11144/javeriana.vj135.rshp.

This paper aims to analyze and criticize the situation of trade unionism in Colombia throughout the use of international and comparative law, analyzing the conceptual framework of the concept of representativeness, the recognition criteria of representativeness and the prerogatives of the same. In this sense, we proceed to an analytical study of the legal device regarding the constitutional framework in order to demonstrate the inadequacy of that in respect to that design proposed by the Colombian Constitution of 1991. Similarly, a comparative perspective is adopted to enrich the reflection offering elements for the understanding of the meaning and how of the notion of union representation works. Reflection leads to highlight the mismatch between the constitutional and legal frameworks for trade union advocacy and to consider the introduction of the notion of union representation in the legal system as a central tool of promotion of trade unionism in Colombia.

Keywords : Freedom of Association; trade union representativeness; IRQ; democracy..

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