NEGOTIATING EQUALITY OF THE PARTIES IN THE COLLECTIVE SPHERE.

SOME CONSIDERATIONS FOR THE CHILEAN CASE

Abstract

There is consensus regarding the inequality of power when it is the worker who confronts his employer. However, there is no consensus on inequality when it is the workers union that is the interlocutor, since there are various doctrinal and jurisprudential views that place the parties on an equal footing. Such an understanding, of course, must be scrutinized in light of the particularities of the Chilean collective law system. Bearing in mind that, after this research, the existence of equality of bargaining between the parties in Chile is ruled out, this paper focuses on investigating about such consideration of balance, the origin of the scrutinized phenomenon, the context in which the equality approach could occur, how this context doesn't exist in our legal and constitutional system, the negative and positive consequences of the application of one or the other understanding, as well as a tentative solution consistent with our legal and factual system and reality.