Escuela de Derecho
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Examinando Escuela de Derecho por Materia "Abuse of rights"
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Ítem La negociación colectiva por rama : propuestas para que integre y mejore las relaciones colectivas del trabajo(Universidad EAFIT, 2023) Pérez Casallas, Jorge Enrique; Valencia González, JulianaCollective bargaining at a higher level as a company is a non-explored scenario in Colombia; however, this could change, not only because the National Government presented two labor reform projects in 2023 that promote branch bargaining, but also because this is a consolidated and growing modality in a significant number of countries around the world. However, the adoption of new legislation on collective labor law cannot overlook the current problems that it is currently facing, thanks to what has been called abuse of the right to union association. In this sense, it is essential that if a new form of bargaining is promoted, it does not imply that the problems that bargaining already suffers are transferred to the company level, much less that they are maximized. This article will analyze bargaining at a higher level than the company level, its background and how it works in other countries. In turn, some proposals will be put forward to ensure that if the executive's interest in promoting bargaining at a higher level is maintained, the current serious problems of company-level bargaining will not be replicated.