Descuento por aporte sindical obligatorio y su inconstitucionalidad.

Abstract

This work is developed with the purpose of analyzing the legal problems that were created after the entry into force of the 2008 Constitution, because it introduced the concept that discounts on salaries must be expressly authorized by workers, while the Labor Code, which is a much older norm, but evidently of lower hierarchy, established long before, for both public and private employers, the obligation to make discounts by payroll for the concept of labor union contribution of all workers, whether they belong to that labor union or not. The main objective of the work is to analyze alternative solutions to this problem and in order to do that, we have reviewed both national and international regulations and we have seen how in other countries the issue of labor unions discounts has been addressed and what decisions were made regarding them with the purpose of applying a similar solution in the country. Among the possible alternatives to correct this problem, we are going to analyze the action of unconstitutionality.