Códigos de conducta y acuerdos-marco de empresas globales: apuntes sobre su exigibilidad jurídica

Abstract

In the field of industrial relations, globalisation implies a drastic decrease in the capacity of state rules to regulate economy, as well as a progressive dismantling of Social State, a tendency that cannot be neither made up for nor reversed by the international relations established by means of treaties among States. At the same time, more and more transnational companies are created, thus becoming the main point of globalisation, as well as a central figure in the processes for regulating work based on its constant presence in economy and in the world. In this context, new formula have been developed for regulating the transnational area of industrial relations. During the first phase, transnational firms launch normatively autonomous projects, which are usually embodied in the so called «socially responsible» behaviour codes. During the second phase, those codes bring about transnational framework agreements, as a means for regulating industrial relations, and which include different levels of trading. This article analyses such new means in depth, and ends up with the problems of legal enforceability, since judicial guarantee is a locking clause that completes the regulative table of such new formula for regulating the transnational dimension of industrial relations.