Turismo y trabajointerrelación entre causas y efectos

  1. ZALVIDE BASSADONE, ALEJANDRO
Dirigée par:
  1. Sebastián de Soto Rioja Directeur

Université de défendre: Universidad de Huelva

Fecha de defensa: 15 décembre 2017

Jury:
  1. Francisco José Martínez López President
  2. Miguel Rodríguez-Piñero Royo Secrétaire
  3. Rafael Gómez Gordillo Rapporteur

Type: Thèses

Résumé

The approach of two subjects that traditionally are presented as antagonistic from a conceptual point of view, as they are tourism and work, but there is an indisputable connection that is based on the close and intense relationship that exists between which deals with between their causes and their respective effects, giving rise to a wide range of issues that are that are developed in this analysis. It is part of the study of the social reality object of tourism, a circumstance which is a difficult historical in its conceptual framework. Then notes what has been the treatment offered from the international scene, in which there are multiple instruments that have worried standardize its content. Of all what will most interest, will be the recognition of the law at the time of rest and leisure, the right to regular and paid holidays as well as the creation of a proper social and legislative framework. The doctrinal concept of reference is adopted by a specialized international body of United Nations such as the World Tourism Organization (UNWTO), which have also issued a series of recommendations of the utmost interest for the purposes of homogenize the statistical data. A concept which finds its basis in the following defining elements: the international movement, the duration of the trip and motivation. Also used the International Labour Organization (ILO), as a working entity worldwide for excellence, to appreciate the recognition of labour aspects of common order, with special emphasis on a Convention concerning the conditions of work in the field of tourism. In the panorama of the European Union (EU) is made a tour of performances most relevant carried out in the field of tourism, highlighting those with a certain incidence of labor, and where community jurisprudence has also had its particular role in Affairs of this nature. Another fundamental issue referred to is which refers to the legal regulation of tourism in Spain and the labour factor. From an approximation to the pre-constitutional tourist regulations up to the distribution of competence given tourist commodity in our* current Constitution, and the role that assume since the Autonomous Communities (regions), without forgetting the existing constitutional jurisprudence as a clarification on jurisdictional issues. A review by the Laws of regional tourism in a more detail about the intervention of tiie labour factor is unavoidable and taking the Andalusia Tourism Law as a main reference. Treatment aside, deserves the emergence of collaborative tourism, with the subsequent observation of its two most representative systems, accommodation and transport passengers, and its employment impact. Also the analysis of the labour law with emphasis on tourism, especially considering as faced the special day of working in the hospitality sector is essential. Complete the content with the individualized study of a series of events that occur in international movements of people in labor base and its valuation from a tourist perspective. For this it is essential to the analysis of each of the cases on the treatment that is given from a labour law point of view and in the light of these considerations put them in relation to the elements that characterize the tourist trips, to finally provide a rating on the matter. A few assumptions, to name a few, ranging from the circumstances of frontier workers, seasonal workers or the crew of cruises to others as unique as the au-pair mode.