Post by account_disabled on Mar 5, 2024 1:45:20 GMT -6
Francisco Trillo, which is part of the splendid 2021 book The law is no longer what it was. Legal transformations in neoliberal globalization, edited by José A. Estévez Araujo . Little more than six decades have passed between the Philadelphia Declaration of , where the maxim “work is not a commodity” was integrated, and the well-known Brussels Consensus, heir to the Washington Consensus. What an evolution since that moment marked by the spirit of Philadelphia and the current situation of neoliberal labor law. Let's look at Spain. The 1978 Constitution incorporated the references of post-war social constitutionalism, following the model of the German and Italian constitutions, establishing the bases for the configuration of certain economic and social relations, constitutionalizing work and thus transforming the previous labor order of Franco's regime.
The analyzes of the labor block of our Magna Carta have highlighted for decades the importance of the constitutional order of the “democratic model of labor relations”, determined by two fundamental pillars. First, the integration of the capital-labor conflict and therefore the union, the Australia Phone Number right to strike and collective bargaining. Second, the integration of the right to work, together with the acceptance of the intrinsic inequality in relation to work and, therefore, of the necessary compensatory nature of the labor law. Our Constitution recognized the right to work in article CE “ All Spaniards have the duty to work and the right to work, to the free choice of profession or trade, to promotion through work and to sufficient remuneration to satisfy their needs.” needs and those of their family, without in any case discrimination based on sex . " Such right is connected with the mandate to promote real and effective equality that Article imposes on public powers, and with the recognition of the exercise of fundamental rights within the employment contract.
This reinforcement of the margins of article CE was done from the beginning by the Constitutional Court, which in an early ruling indicated that “the right to work is not exhausted in the freedom to work; It also implies the right to a job, and as such it has a double aspect: individual and collective, both recognized in articles 35.1 and CE, respectively. A look at the evolution of the regulations and the reality of work, over the time that has passed since some of these rulings, shows how a broad interpretation was very soon counteracted by new labor regulations that, through reform and jurisprudence of both the The Supreme Court and the Constitutional Court have carried out an evisceration of the labor block. An emptying, a process of deconstituting work, which began in the 80s, which worsened in the 90s and which has accelerated since 2010 until the new post-covid labor legislation. No constitutional dam, none of the pillars of the constitutional block, has been able to resist the precarious attack, which has been eroding the current labor legislation with the justification of successive economic crises, such as that of 2008, which has paved the way for attacking, among other aspects, job stability and indefinite work.
The analyzes of the labor block of our Magna Carta have highlighted for decades the importance of the constitutional order of the “democratic model of labor relations”, determined by two fundamental pillars. First, the integration of the capital-labor conflict and therefore the union, the Australia Phone Number right to strike and collective bargaining. Second, the integration of the right to work, together with the acceptance of the intrinsic inequality in relation to work and, therefore, of the necessary compensatory nature of the labor law. Our Constitution recognized the right to work in article CE “ All Spaniards have the duty to work and the right to work, to the free choice of profession or trade, to promotion through work and to sufficient remuneration to satisfy their needs.” needs and those of their family, without in any case discrimination based on sex . " Such right is connected with the mandate to promote real and effective equality that Article imposes on public powers, and with the recognition of the exercise of fundamental rights within the employment contract.
This reinforcement of the margins of article CE was done from the beginning by the Constitutional Court, which in an early ruling indicated that “the right to work is not exhausted in the freedom to work; It also implies the right to a job, and as such it has a double aspect: individual and collective, both recognized in articles 35.1 and CE, respectively. A look at the evolution of the regulations and the reality of work, over the time that has passed since some of these rulings, shows how a broad interpretation was very soon counteracted by new labor regulations that, through reform and jurisprudence of both the The Supreme Court and the Constitutional Court have carried out an evisceration of the labor block. An emptying, a process of deconstituting work, which began in the 80s, which worsened in the 90s and which has accelerated since 2010 until the new post-covid labor legislation. No constitutional dam, none of the pillars of the constitutional block, has been able to resist the precarious attack, which has been eroding the current labor legislation with the justification of successive economic crises, such as that of 2008, which has paved the way for attacking, among other aspects, job stability and indefinite work.