Propuesta de regulación para el esquirolaje tecnológico en el contexto de una hipotética Ley Orgánica de Huelga

Résumé

The tremendous tecnological advances that are taking place have an influence on the most diverse aspects of labor relations. Among them, their effects are felt in the field of collective conflict, where the application of robotics and artificial intellígence is allowing (and will do so with greater virulence in the future) that it is feasible to substitute the productive effort of striking workers, to risk of making the traditional mechanism of expression of collective conflict illusory. The present work, without forgetting the most interesting doctrinal contributions, focuses on analyzin, by way of review, the jurisprudential and constitutional doctrine existing in Spain about technological scabbing. In view of this legal pruritus, the essay closes with a conclusive conclusion that, in addition to being realistic (it is difficult to produce it), tries to be ambitious, when making a proposal for regulation of technological scabbing in the context of a hypothetical Organic Law of Strike, trying to make compatible all the interest in presence.