Restricción de la huelga en los servicios públicos esenciales y en el transporte aéreo: un análisis a partir de la constitución política y de la organización internacional del trabajo

Abstract

The present study elaborates on the restrictions to the right to strike in essential public services, particularly in air transport, it describes the legal nature of the right to industrial action and its relation to freedom of association, claiming its importance within the social State of law. In this order of ideas, the study draws attention to the figure of freedom of association and its relation with other values, principles and constitutional rights; however, within the spirit of constitutionality, the conventions of the International Labor Organization and the jurisprudence, the limitation of the strike is contextualized within a category of public services considered essential , which leads to confronting these restrictive parameters with the criteria formulated by the International Labor Organization, the body in charge of defining the essential public services, in order to restrict or allow the right to strike. This study wraps up by focusing on regulation of industrial action in comparative law, while proposing some recommendations aiming to guarantee the right to strike by limiting it to the lowest possible degree, and allowing harmonious balance with other fundamental rights.