Protecting jobs in crisis: the role of the State in ensuring progressivity and the theory of conglobation

Abstract

The current economic crisis can make labor inflexibility hinder business adaptation, causing closures and job losses. The Venezuelan State must protect the worker according to the Constitution; therefore it is necessary to evolve the interpretation of labor progressivity and explore alternatives such as applying the conglobation theory to benefit the worker. Collective agreements must be resized to address new ways of fulfilling labor obligations, considering that Venezuela suffers international blockade, restricting exports and hindering employer compliance due to lack of supplies. This resizing would not go against labor progressiveness, which seeks to improve rights, not reduce them. Collective agreements must explore new ways of complying with labor obligations where the conglobation theory can be useful to make working conditions more flexible. Venezuela also suffers from the ravages of the COVID-19 pandemic and international blockade, exacerbating the effects of global tensions derived from the war in Ukraine and the commercial confrontation between the USA and China. The conglobation theory can guarantee labor stability and rights in this context. It is key to protect the worker by evolving rigid interpretations and using tools such as conglobation in collective agreements, exploring new forms of compliance in the face of the economic crisis and blockade, without affecting progressiveness.