Examinando por Materia "Conflicto colectivo"

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    Tribunal de arbitramento como instancia para resolver el conflicto laboral colectivo en Colombia : desde la comprensión cultural del conflicto hasta el análisis crítico de su efectividad para resolverlo
    (Universidad EAFIT, 2022) Puerta Martínez, Juan José; Daza Fernández, Javier Nicolás
    The purpose of this research work is to provide a contribution to a country that has been characterized by its conflictive nature and that today more than ever demands the development of social, cultural, and legal capacities that allow it to generate sustainable, binding, and responsible solutions so that social dialogue, economic development and legal security can continue to be the basis of participative and inclusive democracy. To achieve the above, it has been chosen one of the many conflicts that occur permanently in Colombia and that by its nature has a direct impact on economic and social development of the country due to its effects on the economy and on the relations between employers and workers: the collective bargaining conflict. A detailed approach will be made to the genesis of the collective bargaining conflict, the legal regulation and specifically, one of the ways to solve it will be analyzed: the Labor Arbitration Tribunal (hereinafter TAL). The importance of these tribunals lies in the possibility of intervening in the solution of collective conflicts when the parties have not been able to do so directly; hence the interest in this figure to understand what is its real capacity to contribute to the solution of collective bargaining conflicts and what opportunities exist so that they can really generate more value to a subject that again I wish to highlight as vital for the social and economic progress of the country. When starting to research on the subject, it was quickly understood that it was not enough to understand the conflict from the normative, but it was necessary to study some elements of violence in Colombia to understand its conflict and how this has also permeated the labor field without giving too much space to the conflict because of what can be called aversion on the matter due to the bad experiences that the nation is living. Once the real capacity of conflicts to allow differences to be resolved shown, the concept will be brought to Colombian labor law and contrasted with what is understood simply as one of the stages of collective bargaining, which takes away from the conflict the natural, permanent, and necessary vision that is part of labor relations. Finally, we will come to the labor arbitration tribunals and analyze the scarce norms that regulate their competence and how the case law has developed the matter.