Paper “El impacto de la digitalización en la representación de las personas trabajadoras: posibilidades y desafíos para los derechos de información y consulta y la negociación colectiva”
Paper prepared by Professors Miranda Boto and Brameshuber, in the framework of the DIGILARE project, on the necessary digital approach to workers’ information and consultation practices. Published in the Revista de Derecho del Trabajo y de la Seguridad Social. CEF, no. 478/2024. This work has obtained the runner-up CEF research prize of the Estudios Financieros 2023 Award in the category of Labour and Social Security Law.
Abstract of the paper
The unstoppable digitalization of work is also bringing about changes at the collective level of labour relations. On the one hand, the dispersion of the workforce is leading to break with the traditional ties of proximity that used to create solidarity between workers. On the other hand, however, the new technologies can play a decisive role in the development of representative activity, and are also a fertile field for collective bargaining. By means of an synthetic examination of comparative law, several of those possibilites are presented, and their place in Spanish law, both de lege data and de lege ferenda, is analysed. Among the subjects addressed are the digital tools that can favour representation tasks; the possibilites of telematic voting; the rights to information and consultation regarding video surveillance, the private use of company resources and digital disconnection; and, of course, the algorithms used by the company for employment purposes. In addition to the legislative dimension, the study takes into account the latest developments in case law and collective bargaining.