Determinar la incidencia que tiene en la realidad social las sentencias de la Corte Suprema de Justicia cuando regulan las facultades, o determinan limitaciones y fuerza vinculante de los fallos de los tribunales de arbitramento en los conflictos de trabajo

Abstract

Alternative dispute resolution mechanisms have been linked to the history of the Colombian Chambers of Commerce and are an essential part of the actions that they lead as business and regional development agencies in all regions of the country, with the conviction that providing instruments expeditious and specialized services to resolve your disputes and protect your interests is essential for business competitiveness. When the arbitration court is already summoned, it must issue an award that integrates those exact points where an agreement could not be reached between the parties and that are reflected in the list of requests or in the respective complaints of the convention or previous award. , if it is warranted. Following this process is when companies and unions are waiting for what the court decides, because this is where those important points are defined, which are the guidelines or rules that will be applied in the labor relationship between the two parties. Said conflicts originate only when there are one or more union organizations in a company or when there are workers affiliated with a union, either from the company in which they work or from the industry to which they are part. Afterwards, the union organization, with the prior approval of the affiliates' assembly, presents a list of demands to the company, which contains the extra-legal benefits and guarantees that the union organization wants the company to grant them, which can be economic benefits, regulations and union guarantees.