EL TRATAMIENTO DE LA ACCIÓN RESARCITORIA COLECTIVA POR VULNERACIÓN DEL DERECHO A LA LIBERTAD SINDICAL EN ESPAÑA

Abstract

With the present study we reflect on whether it is possible to ask whether, with the regulation of the labor process in Spain, it is possible to configure compensation for moral damages for violation of freedom of association as a collective action and a punitive instrument. So the amount of compensation is not necessarily linked to the damage caused, but can serve different purposes, and have a dissuasive nature. The answer is positive, since the TS itself admits that by violating this fundamental right of art. 28 of the Spanish Constitution not only generates a restitutio in integrum function, but also that of general prevention.