Identificador: TDX:546
Autores: Rodríguez Sánchez, Rosa
Resumen:
The aim of this thesis is to discuss, from a legal point of view, the collective or trade union rights of employees linked to the employer by a special employment relationship.The goal of this analysis is to show the unequal legal protection given to these special workers in comparison with employees under the ordinary system, taking as a yardstick the regulation of collective rights by employment law governing the latter.The differing extent to which collective rights are protected in special employment relationships, depending on whether they are exercised in a more or less comparable way to employees under the ordinary system, leads me to the following classification: special employment relationships with maximum protection (sports people, artists, sales representatives, disabled people in special employment centres, dockers and resident doctors), those with medium protection (senior management and domestic service staff) and those with minimum protection (inmates working in prison workshops, institutionalised minors and employees of military establishments).To arrive at this classification I make use of two parameters: the secondary nature of ordinary employment regulations in governing the collective employment rights of each of the special employment relationships, and the protection afforded by compulsory legislation in each case, always in comparison with the ordinary employment regulations. Combining both of these provides a way of cataloguing special employment relationships which makes it possible to distinguish between those with maximum protection, as they are equivalent to the ordinary system, those which, while they may be equivalent by law, present certain material difficulties in exercising the rights in question, and those characterised by minimum protection, as they suffer from limitations of a greater intensity and/or magnitude in the exercise of the said collective rights.A more detailed study is made of the special employment relationships with the least protection. On the one hand, the possible legal trade union status of inmates, which is currently not defined in practice in prisons, is sketched out. On the other, attention is given to the repercussions for the exercise of collective rights of the clause safeguarding national defence as it affects employees in military establishments. In the former case, that of prisoners and institutionalised minors, regulations to accommodate collective rights within the prison context appear to be needed and, in the second, there being no objective reasons justifying the neutrality of military establishments, it might be legitimate to demand that military administration employees receive the same collective rights as all other employees of the authorities.This analysis is largely from a legal point of view, setting out therefore from the legal provision as the basis for research. This approach means that the research methodology used consists essentially of the study of regulations and, therefore, of their interpretation, taking this to mean understanding and enquiry as to their meaning and significance, not only from a doctrinal standpoint, but also from the point of view of the application of the regulations, an area in which the jurisdictional function plays a basic role.The necessary conclusions are followed by a bibliography of the sources quoted in the study. Also listed are the rulings quoted, mentioned by courts and jurisdictional level, among which those of the constitutional court are of special importance.
Repositori URV