Content and protection of union freedom in the 21st century. Critical issues in the technological context

Abstract

The right to union action cannot be understood separately from the subjective, economic and social context in which it develops at each historical moment. Currently, each of its manifestations: the control of management power -and the protection of the individual rights of workers in the company-, the right to collective bargaining and the right to strike, may be limited in its exercise. effective due to the new characteristics that affect employment -especially due to the effect of teleworking and remote work that dispersion and dislocation have produced-. In this sense, two critical reflections are proposed: On the one hand, on the necessary measures that must be followed so that the exercise of freedom of association in the company fulfills the purpose for which it was created, with special attention to reporting those situations. That, within the framework of new forms of employment, may have anti-union purposes. On the other hand, on updating the collective dimension of union action in the face of new forms of social conflict within the framework of professional activities, and especially when this occurs through digital platforms.