The acknowledgement of freedom of association and the problem of the worker´s representation in the collective negotiation

Abstract

This work intends to evidence the need to improve the present labour institutionality so that it can ensure a complete and effective exercise of collective negotiation, based on the understanding that a Constitutional State, to be such, must watch over all the citizens to have the true possibility of materializing in their daily lives the liberties and guaranteesimplicit in the essential content of the fundamental rights. Collective negotiation, in particular, and liberties of association, in general, are freedoms that claim that all the workers have a concrete option to be able to exert them and they don't become a privilege reserved for a limited number of people. However, due to the enormous amount of factors that involve an examination of this nature, we have chosen to limit the issue to the subject of the legal comparison of unions and temporary groups of workers as subjects granted with the power of collectively negotiation.