Las transformaciones de la libertad sindical en la Región Andina entre 2006-2016

Abstract

Labor Law characterizes for being changeable due to the influence of society and the elements that characterize it: political, economic, cultural and social life. Within the analysis of labor law, we can distinguish individual and collective law. This research focuses on collective labor law specifically on the study of the principle of freedom of association. What is sought is to make a comparative characterization of the evolution and transformation within the framework of rigid and flexible regimes on the collective law of the countries that form the Andean Region in the period 2006-2016. The study will be carried out through a comparative legal and sociolegal analysis, with a qualitative approach and hermeneutical method, through the construction of an analytical matrix in which the different legal reforms on the principle of freedom of association and other rights that derive from it will be systematized, in the countries of Colombia, Peru, Bolivia and Ecuador; distinguishing according to each period of government. In addition, with the obtaining of information, the analysis and comparison of each country of the Andean Region will be carried out. Among the expected results, we base on the following hypothesis: in practice, from what can be seen, the political ideologies of the government in the Andean countries have partially influenced the reforms that have affected the labor rights of workers who belong to unions, closely related to the rights of freedom of association, strike, association and collective bargaining. Despite the ideological perspectives of both left and right governments, there is a trend within the four countries of limitation and interference with respect to the collective rights of workers and the scope of the principle of freedom of association. As a great debate we have that it is evident that there are very few associations and a lower level of pressure on the liberation of collective labor rights due to the current social imbalances, interference from governments in power, and most importantly, labor reforms under the context of flexibility in order to eliminate labor rigidity.