The constitutional rights of the workers

Abstract

In the current unemployment crisis analyzing worker's fundamental rights is crucial. This article assesses such rights in three main areas: right to work, union rights and collective bargaining in conflicts regarding working conditions. Particular attention is drawn to the right to participate in a strike. After analyzing the essential and additional or complementary content of the said worker's rights, as defined both by the Constitution and the Constitutional Court, we draw the conclusion that, in Spanish Law, the so-called «instrumental rights» (right to form part of an union and right to participate in a strike) have been the subject of a wide interpretation which results in their overestimation. On the other hand, and because of that, the right to work has been to a certain extent minimized. This results in a number of negative consequences that are assessed in this study. Among other issues, the «flexicurity» problem, the lack of post-constitutional regulation of the right to strike and the (lack of) synchronization of Constitutional labor law and International and European labor law are also dealt with.