Lan Harremanak

Geolocation devices and disciplinary dismissal of employees

Rubén López Fernández — 2023-11-09

The rapid advancement of new information and communication technologies has long been transforming the world of work. While offering a myriad of technical possibilities to facilitate flexible labor relations, it also allows employers to monitor the performance of their empleyees during the agreed-upon working hours and, in some justified cases, even outside of them. As known, article 20.3 Workers’ Statute enables employers to adopt measures they consider appropriate in the exercise of their control functions, with geolocation systems being a tool that has not been exempt from controversies. In this context, the mainquestion i show far can corporate oversight go regarding the compliance of their employees’ obligations, if what is sought is to exercise the utmost expression of disciplinary authority, that is, dismissal. And in this intersection of fundamental rights —freedom of business, privacy and personal data protection— prior information emerges as the border criterion between what is lawful and unlawful, wich must be explicit, clear, and unequivocal for the workers, and must indicate the existence and characteristics of such devices. The following pages will be dedicated to the study of de details of the aformentioned issue, in order to finally attemp to present the conclusions reached.

Analysis of the V AENC on the trajectory of interconfederal bargaining

Sergio Canalda Criado — 2023-11-29

This paper analyses the V Agreement for Employment and Collective Bargaining, taking into consideration the historical path of the interconfederal agreements and, especially, its contextualisation in a broader process of social dialogue that also includes tripartism. Thus, the innovations of the agreement and its interrelation with the labour reform of 2021 are studied. In this regard, the analysis highlights the recovery of the centrality of sectoral collective bargaining, in line with what was previously agreed in the tripartite social dialogue. Attention is also drawn to the abandonment of the policy of wage moderation, placing the emphasis on the recovery of the purchasing power of wages. Finally, beyond the dialogue with the government, the social partners have devoted a significant part of their time to the digital, technological and ecological transitions, with a lack of ambition in the treatment of content with regard to the latter.

Digital transition and occupational safety and health: the AENC 2023 and the future of collective bargaining

María Teresa Igartua Miró — 2023-12-07

The AENC deserves a positive first assessment in that health and safety occupies a prominent place, with a more precise content than in previous versions, and for tackling the digital disconnection. However, there are some shortcomings, a lack of a cross-cutting approach to health and safety and a weak link with the digital transition. Some somewhat "distant" approaches to legal regulation are surprising and are likely to consolidate certain inertias and imbalances in business practice, which must decisively address the health and safety challenges of technological development.

The promotion of conventional clauses regarding pension plans

Estefanía González Cobaleda — 2023-12-15

Collective bargaining regarding complementary professional social protection has historically played a relevant role, however, the desired results have not been obtained and, consequently, the reach of these instruments to the working population has been very limited. Hence, the latest reforms on pension plans aim to provide an authentic second pillar as true mechanisms that serve to complement public pensions, never to replace them. To this end, the decision-making capacity of sectoral collective agreements has been increased, as they have been called upon to play a central role in order to increase their universality among workers. From this perspective, the present study carries out a diagnosis of the negotiating experience of the previous system that has led to legislating new corrective measures, continuing with the critical analysis from the point of view of the new contents that are already included in the conventional clauses regarding this matter. In this regard, the analysis of the first sectoral experience, for now, of the VII General Agreement of the Construction Sector of Spain, which has formed a milestone in our country, is of interest. So, this article is framed based on previous research work already published about this novel legislation, now advanced in the more practical study about the clauses of collective autonomy. Hence, a new perspective will be adopted aimed at clarifying certain key aspects about the practical reality of the negotiating content.

The Right to digital disconnection and the prevention of occupational risks

Aída Cabello Roldán — 2023-12-18

The use of new, increasingly flexible work modalities has an important impact on the health of workers, so it is extremely relevant to emphasize the prevention of occupational risks to guarantee their protection from the excessive use of technology that is used in the performance of work functions. In this sense, recent innovations have been introduced (both at the state and community and international level) related, mainly, to the prevention of psychosocial risks or aspects related to these, especially derived from the uncontrolled extension of the teleworking modality for which an attempt is being made to further strengthen plus the right to digital disconnection, a priority concern for the majority of Member States that make up the European Union. However, it seems that this matter has not been materialized yet, so they have been forced to implement different measures to counteract the inexistence of community or general regulations.

This present work aims to provide a generalized vision of both the current regulations on this matter, as well as all the measures that are being implemented by the Member States to combat all the negative consequences that this issue is now producing. Likewise, this research aims to provide a series of proposals about the aspects that we consider are still pending regulation, as well as other considerations in this matter that could guarantee the prevention of occupational risks in a digital context, but the main subjects involved, which are the workers and the employers.

The implementation of the gender point of view to defend the occupational health of working women

Alfonso Ríos Velada — 2023-12-18

Occupational segregation, both horizontal and vertical, and women specific role allocations, mean that there is a differentiation between the conditions of work of women and men. In the same way, exposure to profesional risks, accidents at work that can be triggered and occupational desease that may arise also occur in different ways. The existing legislation on occupational risk prevention does not cover the differentiation between the female and male groups of people who hold a job. Despite this, there are instruments that Companies have the obligation to implement and preventive measures that they must take forward to further protect and in a more specific way, and therefore effective, health of working women.

Reseña: La garantía de los derechos sociales fundamentales en la era digital

Gloria María Montes Adalid — 2023-10-31

Review: Xosé Manuel Carril Vazquez, Strike and defense funds. An Spanish and Comparative Law study, Atelier, Barcelona, 2023 pages

María de las Nieves Martínez Gayoso — 2023-11-15

Izenburua: Xosé Manuel Carril Vázquez, Erresistentzia-funtsak lan-gatazketan. Espainiako Zuzenbideko eta Zuzenbide konparatuko azterketa, Atelier argitaletxea, Bartzelona, 2023 (230 orrialde).

Fernández Rodríguez, Carlos Jesús (2022). Cadenas, redes y algoritmos. Una mirada sociológica al management. Madrid: La Catarata.

Maria Medina-Vicent — 2023-07-07

Reseña de El sistema de pensiones en una sociedad en constante transformación: un estudio desde una perspectiva holística y comparada, por José Luis Ruiz Santamaría

Estefanía González Cobaleda — 2023-11-20

Labor relations in intensive agriculture in the region of Murcia: the role of union action and collective bargaining in the construction of its regulatory framework

JOSÉ ENRIQUE RUIZ SAURA — 2023-06-12

The union action of groups of workers in the agricultural sector, as well as their participation in the negotiating tables for the conclusion of agreements between capital and labor, has historically had a very relevant weight in the construction and evolution of agricultural work in the Region. of Murcia. For this reason, it is of interest to know and understand the social and union context of work in the fields and warehouses in Murcia. Based on the implications of the new productive system implemented for a few decades in the agro-industry of this region, that is, from the transition from traditional agriculture to the intensive model, the role that collective autonomy plays in this sector is analyzed. In the same way, it addresses the challenges that agricultural workers have to face, their collective organization, and the evolution of labor regulations in agriculture.

Employment, models and reforms. The case of public and private residential services for the elderly.

Dolores Meseguer Chanzá — 2023-11-14

This paper analyzes employment in public and private residential services for the elderly, taking into account the different existing models of ownership and management. To this end, the most significant dimensions are studied for their outstanding presence in the Spanish labour market: temporary employment and part-time employment, in an activity on the other hand strongly feminized as is known. The study is approached, first, from a quantitative perspective, to complement it later with a qualitative perspective through the testimonies of the directorates of the centers and the legal representation of the staff. The research covers the scope of the Valencian Community in the year 2019 (year before the pandemic by COVID-19). The results show differences according to employment dimension and model, highlighting the high presence of temporary employment in the model of centers of ownership and public management, and part-time employment in the model of private centers. As final reflections, the results obtained with the reforms of Royal Decree-Law 32/2021 and Law 20/2021 according to model.

Is it possible to enrich job functions when different flexible work practices are implemented? Suggestions for HR management that makes diagnosis feasible

Gerardo Dario Broveglio — 2023-11-14

This paper seeks to describe how labor flexibility (LF) is experienced by workers, specifically investigating which are the dimensions and practices of LF that Argentine companies use the most and identifying which variables in the design of work roles should be enriched to promote a better work environment. The research was descriptive, longitudinal and with a quantitative approach; the collection tool was a survey. The non-probabilistic sampling reached 353 volunteer subjects, in CABA, and GBA in Argentina, during the years 2019, 2020 and 2021. LF practices demand strategic and cultural changes in business management. The results reveal that companies proved the importance of teamwork, supporting the flexibility of the work organization (FOT); without detriment to the foregoing, the analysis of the pandemic working reality revealed that the use of quantitative hourly internal labor market flexibility practices (IMFL) was intensified, introducing flexible hours in 2019, turning towards other indicators of this type of flexibility, such as teleworking and virtual team work in 2020 and 2021.

Teleworking, healt and engagement, after Covid-19

Enrique Gallego Granero — 2023-12-15

The COVID-19 pandemic caused many people to take up teleworking suddenly, influencing their physical and psychological health, as well as the levels of work engagement experienced.

The aim of this article is to analyse, exploratorily, the possible influence of this work modality both on the physical and/or mental health and on the work engagement of Madrid workers, making a comparison with the rest of the work modalities (face-to-face and hybrid). A quantitative methodology was used to evaluate 307 participants, applying a questionnaire consisting of two standardised tests: the SF-12, on physical and/or mental health, and the UWES-9, on engagement.

The results obtained showed statistically significant differences in both the level of health (physical and psychological) and engagement in the different work modalities and socio-demographic variables evaluated, confirming the negative impact of telework on both variables.

The open method of coordination to public health systems. analysis of its impact in Spain

Macarena Hernández Bejarano — 2023-12-19

The health crisis generated by Covid-19 has revealed the strengths and weaknesses of the health systems of the EU countries. Also the benefits and limitations in community activity to develop joint multi-level actions in this area. Based on the experience obtained and its results, it is proposed to carry out a reflection on collective learning based on intergovernmental coordination and cooperation in the health field. Faced with a common scenario marked by demographic challenges and care needs, it is considered of interest to observe the “soft law governance” devices and their application effects in the Spanish health system. From its results, it will be possible to assess in a near time horizon the level of convergence and possible deficits to be overcome in order to achieve the common objectives that are framed within the SDGs and the European Pillar of Social Rights.

Lack of specific legal regulation on the health and safety of nautical sports workers: casuses and consequences

Natasha Vergara Prieto — 2023-12-18

The objective of the article was to carry out a study related to the legal regulation on the health and safety of professional nautical athletes. In the absence of any specific regulation, the article first analyses the causes why such a unique profession, where workers, professional athletes, in the exercise of it assume so many risks and frequently suffer accidents and/or injuries, has not been subject to specific regulations regarding their health and occupational safety; secondly, a study is carried out of the consequences that this lack entails; and finally, from humility, it proposes a possible solution to face the task of developing said regulation.