UNIVERSITY Gran Mariscal de Ayacucho CI 8,934,406
Date: 23/11/2007
1 .- constitutionalise COLLECTIVE LABOUR RIGHTS IN VENEZUELA
From XX century under the presidency of Juan Vicente Gomez, came innumerable strikes caused by different groups of people who worked in different jobs, which first gave rise to the emergence of the first legislatively speaking union movement.
labor law in Venezuela was a historical phenomenon as part of a late and then came to different facets that served as input for achieving constitutional recognition due to collective labor rights and this was taken into account the need to create the right of association from 1947 until today.
Four (4) appear to be the features of the constitutionalization of collective labor rights in Venezuela, these are: 1
. Constitutionalisation Delayed: consists of a historical fact. The delayed emergence of labor legislation (1928, 1936), the phenomenon of a constitution that was even more, as well as the much delayed industrialization the delayed emergence of a labor movement, the long tradition of autocracy and violence that marked the century XIX Venezolano.
2. Per Constitutionalisation Saltum (Pendulum): refers to collective rights were first legislative recognition for the government of Juan Vicente Gomez, of the Constitution, which occurred in 1936 when a real law is achieved through the Labour government General Eleazar López Contreras, this law privilege without doubt, the social question, coming to recognize the collective rights of association, collective bargaining and conflict, including the right to strike. Completely replace the work gomecista Act of 1928, which stated that the instigation of the "coalition" and the collective suspension of work.
3. Selective Constitutionalisation : be explained from the constitutionalization of collective labor rights in the constitution of 1947. This was the first Act to incorporate collective rights to that range, specify the sanction of the collective bargaining rights, union, strike and autonomous settlement of disputes. The text of 1961, after the parenthesis means the Constitution of 1953, held the previous ones and expand the catalog of rights in this type of trade union recognition, the union clause, the share of profits of the company, among others.
4. Constitutionalisation Open: is given in the Constitution of the Bolivarian Republic of Venezuela of 1999, which set out the range of organizing collective rights or form trade unions, including the right to join or not join them for the first time constitutionalising freedom negative, the trade union of proponents and managers of trade unions, the right to voluntary collective bargaining and to conclude collective labor agreements including their effectiveness and among others the right to strike by workers (as) the public and private sector in conditions set by law.
2 .- MODEL CONSTITUTIONAL APPROACH TO THE FREEDOM OF ASSOCIATION
a. - The constitutions under the inspiration of the fundamental constitution of Bonn (1948) in the second post-war period, understood the right to collective self-reliance, the settlement of conflicts and strikes as essential contents of freedom association.
b. - Those recognized collective bargaining, strikes or conflict resolution, as autonomous and thus differentiated from freedom of association, understood as the content consists of two complementary and inseparable, the rights of Organization and union activity. Thus collective bargaining is recognized as an instrument or a corollary of freedom of association.
3 .- CONSTITUTIONAL NATURE AND RANGE OF INTERNATIONAL INSTRUMENTS ON HUMAN RIGHTS PRINCIPLES.
The right of petition and complaint to international bodies in pursuit of effective protection of fundamental human rights recognized in the Constitution of the Bolivarian Republic of Venezuela, Article 31 as follows:
Everyone has the right in the terms established by treaties, pacts and conventions BOUT human rights ratified by the Republic, to address petitions and complaints to the organs created for that purpose, in order to request protection of their human rights.
The State shall, in accordance with procedures established in this Constitution and the Law, the measures necessary to comply with the decisions of the international bodies referred to in this article.
CONCLUSION
The constitutionalization of collective labor rights in Venezuela is based on 4 features which gave rise to unions in the country.
- The late first constitution, which arose from the delay of labor legislation and the very delayed industrialization.
- The second constitutionalization by saltum and pendulum, which is about but with the Legislative constitutionally.
- The third feature we have a separate constitution which sanctioned collective bargaining rights, organize, strike and autonomous settlement of conflicts
- and finally open a constitution, which is based on forming a union rights and rights which constitute its substance.
- The job-related freedoms shall be regulated in order to avoid social conflicts that may result when exercised against the interests of the community.
Villasmil BIBLIOGRAPHY. Prieto, Humberto constitutionalization Rights Collective Labour
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