Vol. 48 No. 1 (2017)
Derecho del Trabajo

The Resumption of Work in the New Proceeding of Collective Bargaining

Pedro Pablo Irureta Uriarte
Universidad Alberto Hurtado
Bio

Published 2017-09-26

Keywords

  • Resumption of work,
  • Collective bargaining,
  • Restriction of strike

How to Cite

Irureta Uriarte, P. P. (2017). The Resumption of Work in the New Proceeding of Collective Bargaining. Revista De Derecho - Pontificia Universidad Católica De Valparaíso, 48(1). Retrieved from https://www.rdpucv.cl/index.php/rderecho/article/view/1098

Abstract

The resumption of work is a figure that has long been recognized by the Chilean labor legislation. In the past, it allowed the Executive branch to put an end to certain collective disputes, ensuring the continuity of certain companies that were on strike. However, in recent decades this institution was not used and ended mostly relegated to a secondary place (both in the Labor Code and in the State Security Law). The Labor Reform promoted by Law No. 20.940 (2016) has redefined the core of this institution, building a procedural action that assures the right of unions and employers to request on court the use of this tool as a legitimate way to end a strike. However, in recent decades this institution was not used and ended mostly relegated to a secondary place (both in the Labor Code and in the State Security Law). The Labor Reform promoted by Law No. 20.940 (2016) has redefined the core of this institution, building a procedural action that assures the right of unions and employers to request on court the use of this tool as a legitimate way to end a strike.