The collective bargaining system: the dilemma in a changing society

Abstract

Collective bargaining autonomy, as a social power with the power to create objective law, is expressed and externalized in a double aspect (now fully institutionalized and juridified), dynamic (collective bargaining as a flexible process of meeting and dialogue with a view to reaching a collective agreement between the social parties for the establishment of working conditions and relations between the collective subjects involved in the negotiation) and static (as a legal act or instrument, possible result of this negotiating process). Collective bargaining and the legal agreement are legal institutes arising from professional practices”, creating forms of self-reflexive extra-state law, supported and ordered by public legislation. The collective bargaining agreement has acted not only as a mere external regulation (acting as “professional law”) of employment contracts, thus regulated, but also as an instrument of self-organization of collective union autonomy (social self-determination/negotiating self-determination of the social partners).