Ejercicio del derecho de sindicalización en los empleados públicos del estado colombiano

Abstract

The right of association is not an absolute right, since the same law has established him a number of limitations. These limits can be divided into two broad categories. The first would consist of those limits that that same law establishes the right of association directly. The second category contain the limits is created when that right through institutions that guarantee the exercise thereof. To illustrate one could mention trade union leave, the trade union immunity and the strike among others.These limitations are preached in most cases for public servants, and are justified mainly by the prevalence of the general welfare of the individual and the needs of the service. It is therefore that the right to freedom of association has been a jurisprudential development by the Constitutional Court against the central theme of the collective right of public employees, it is an area of great importance for a social conglomerate since it is a group of workers related legal and regulatory manner.Therefore the Court, under Article 39 of the CN recognizes the power of the exercise of the right of association to all workers as well as employers, making some specifications regarding certain types of workers, such as employees public to limit the exercise of the right, under which the development of its activity is linked to the general interest. Also in development as enshrined in the law are excluded from the exercise of this right to members of the armed forces because of the function they fulfill.