Invitado

Implementation of ILO conventions on rights of associative and collective bargaining association in the decisions of the operators in Colombian law
By: Francisco Rafael Ostau de Lafont de Leon
Leidy Angela Niño Chavarro

The research group on Social Protection and Conflict - research line "impact of the ILO, the Colombian labor legislation" has analyzed the effects of the decisions of the Constitutional Court (2000- 2010) on union organizing and collective bargaining and the effects it produces in the decisions that legal operators would take collective labor law.

This report uses the new labor studies from the analysis of legal sociology and the sociology of work that have been promoted in recent years through theoretical and practical analysis (case method). This may generate theories to explain some phenomenon from individual in representative cases from two different times on which will be addressed this paper. The first, with the development of constitutional elements have been used by the Constitutional Court for the application of ILO International Conventions, the second, from the use of case methodology to analyze situations in which the Colombian judicial officers will have to implement international conventions of the ILO directly.

In studying the impact of international ILO Conventions ratified by Colombia in the decisions of the judicial, Can the judicial authorities in Colombia directly apply the Conventions 87 and 98 of the ILO, in cases arising in this report?

The case methods as a tool for social science research enable analysis based on realities that are conceptualized in the theory. This methodology allows us to theoretically give tools to the judicial argumentation for the decision of specific cases, within the guidelines of contemporary social sciences to establish base for decision-making through the fiction of case.

The results of this study demonstrate that judicial officers have the competence to resolve the conflict that arose within the trade unions. They must take into account the criteria of the International Labour Organization through its regulatory agencies to be able to argue the solution to this conflict. The situation will be manifested most clearly in the study case.

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