Nuevas tecnologías y relaciones laborales

Abstract

ABSTRACT The Doctoral Report provides an up-to-date view on the impact of new technologies on labor relations, the lack of specific legal regulation determines that we are facing a quasijurisprudential right of creation and that the constitutional irradiation is stronger than in other areas, That the role of the Constitutional Court is decisive in this area. Even so, it can be said that the terrain is "shifting", because sometimes there are questioned doctrinal changes, which lead to strong doctrinal debates and produce contradictory sentences in the different High Courts of Justice, with the legal uncertainty that this entails. In everything, if it is a question of offering an answer to all the multiple questions that are raised, making a detailed analysis of the most relevant judicial doctrine; At European level, of our High Courts and of the different TSJs of each of the autonomous communities, and finally contrasting the response of the courts with that of the most authoritative doctrine. Therefore, the methodology used has been, on the one hand, to go to the scientific doctrine of the last decades through monographs, magazine articles and even blogs and on the other hand to exhaustively analyze many of the sentences that exist in the matter from the Decade of the eighties of the last century to the present, proceeding to enumerate them according to the jurisprudential evolution they have had, working with three legislative databases. Memory is composed of two parts; The first is called Conceptual Bases and context, is composed of five chapters, which are as follows: 1 st. New technologies and labor relations. 2º. Respect for Constitutional Rights. 3º. Preventive or ordering of the conflict. 4º. Disciplinary decisions: accreditation and sanction of non-compliance. 5th. Aim of Comparative Law. Throughout the different chapters the most relevant judicial pronouncements in the matter are analyzed and they form part of the doctrine, establishing a general and common theory from which to leave and laying down basic premises and conclusions, which are going to be determinant to go To the next part. The second part, called Control of the Worker with and by means of new technologies, is the one to proceed in each of the technologies in question with its own peculiarities and specialties, it is composed of five chapters, which are the following: 1 st. Access to telematic instruments for professional use. (It addresses everything related to access to the employee's computer, emails, web browsing, mobile worker etc.) 2º. Labor control of the worker. (GPS, detectives, video surveillance and other localization mechanisms.) 3º. Control of private behavior. (The different social networks are analyzed). 4º. Biometric magnitudes. 5th. Special work systems. (Teleworking and telemarketing). The conclusions are expressed, mainly, from the systematic analysis of the most relevant judicial doctrine, and with recommendations of lege ferenda, because we move in the anomie, from the legal point of view, in what many call the "laziness" of the legislator In this matter or a bad aging of the labor legislation in the field of new technologies.