Abstract

ROSENBAUM CARLI, Federico. The Repeal of Ultraactivity in Collective Bargaining Agreements in Uruguay: A Return to the Incorporation Theory?. Rev. Derecho [online]. 2023, n.28, e3539.  Epub Dec 01, 2023. ISSN 1510-3714.  https://doi.org/10.22235/rd28.3539.

This article delves into the issue of ultraactivity in collective bargaining agreements in Uruguay and its relationship with their validity. It scrutinizes the doctrine of incorporating the clauses of these agreements into individual employment contracts, arguing that it lacks legal support and impacts collective bargaining negatively. Additionally, the topic is contextualized within the Uruguayan framework, taking into account the employer sector's complaint to the International Labour Organization in 2009 and the pronouncements of its technical bodies. Consequently, a comparison is drawn between the ultraactivity regime outlined in Law No. 18,566 on collective bargaining and its subsequent repeal by Law No. 20,145 in 2023. The potential impact of the principle of progressivity and the rule of the most favorable condition is examined, leading to the conclusion that the repeal of ultraactivity takes immediate and automatic effect.

Keywords : ultraactivity; collective bargaining agreements; collective bargaining; incorporation theory; most favorable condition.

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