Derecho a la Huelga: un acercamiento en la aplicación entre Colombia y España

Abstract

The right to strike is a measure of ultima ratio conflict, which workers have to face the employer for nonconformity regarding the provisions that it has taken. Taking into account the effect this generates on the employer, it has been regulated in terms of its requirements, forms and limits by the legislator; since when considered as a fundamental right, it is necessary to clarify that it is not absolute and therefore has limits. Colombia and Spain have the right to strike contemplated at the Constitutional level, protected and reinforced by international treaties and agreements, which despite not having it explicitly, if they claim a legitimate use of it, making use of elements that although they are called Differently, they have common objectives, which seek the internationalization of a fundamental right for the order of production and the correct functioning of the labor systems of different societies