Labor Conflict

July 31st, 2015Featured0 comments

First of all, is necessary indicate that the labor conflict takes place when the working conditions deteriorate at the heart of a company. We must point out that, according to the International Labor Organization, the labor conflict can be measured by the number of strikes and lockouts experienced by a country during a year.

So, a labour dispute could be defined as the dispute right or interest that raises between employers and employees.

There are two major classifications of labor disputes.

On the one hand, from the point of view of the people in conflict, we can distinguish:

• Individual disputes, these arise between employer and employee individually considered but bound by an employment relationship.

• Collective disputes, in these the controversy emerges of the relationship between an employer and their employees, pursuing interests of group and not individual.

On the other hand, from the point of view of the object or nature of the dispute, we can distinguish:

• Legal or law disputes, they are about the interpretation of a law born and current, without matter that has its origin in the law or the contract. In this dispute will always be of by means the interpretation of a pre-existing norm that can be the law, the individual contract, the collective convention, the collective agreement, the internal regulation of work… the rights established in this norm are disputed. In the legal dispute, the parts don’t try to create or the suspension or the change in the substantial norms; simply discuss their existence or validity, interpretation and application to specific fact situation.

• Economic or interest disputes, here the employer and employees try create, modify or delete work conditions. In this case there isn’t norm legal, contractual, conventional… The parts, or at least one of them, seek to create new regulations for their employment relationship.

The labor disputes are regulated, currently, by the law 36/2011, of 10 October, regulator social jurisdiction. This norm presents, in difinitive, a more effective and agile answer to the disputes that may arise in the employment relationship and social security and offers a single treatment to the diversity of elements included in the workplace for a better protection of the rights.

These conflicts can be solved in a judicial or extrajudicial way. The most advisable thing is avoid using the first type of solution in such a way that is preferable that the solution of labor disputes can come by regulator will of involved subjects or by the good offices of a third part that is foreign to the controversy and not so much by the decision of a jurisdictional authority.

Sometimes, that it is little viable that directly the parts obtain an arrangement, but neither wants to get to the end of request the intervention of the judicial authority. In this hypothesis, born the possibility of go to a third part to contribute to the solution of the conflict, being in the presence of what is known with the name of “arbitrator”, “conciliator” or “mediator”.

We must highlight that the article 63 of the law 36/2011, sets as a prior requirement for the procedure the attempt of conciliation or, where appropriate, of mediation.

These systems are characterized for making to intervene to third parts to who is entrusted the work of study and propose array formulas.