El pequeño misterio de la autonomía colectiva

Abstract

Collective autonomy is a particular dimension of private autonomy that provides the basis for collective organisation and action of social groups aiming the promotion and protection of their interests. Its main legal support is the right to trade union freedom of association, and its most relevant function is the articulation of labour relations through collective bargaining between representations of workers and employers. It must operate within the corresponding legal framework, but at the same time it entails limitations for the intervention of the public powers in labour relations, since it requires a minimum space for its development. It is an instrument for compensating the worker’s weakness within the contractual relationship, but it cannot overrule completely the autonomy of the will of the parties to the employment contract.