¿Es eficaz la configuración actual de constitución de la representación sindical de los trabajadores en empresas diversas?

The constitution of the union representation of workers in dispersed companies is in a scenario of changes, propitiated by the irruption of new forms of business organization based on the collaborative economy. The disappearance of the physical reality of the workplace, which is the prevailing trend in dispersed companies today, exposes different legal problems in collective relations, essentially derived from an outdated legal regulation of the concept of "workplace". But, at the same time, it offers an exceptional scenario for the promotion of trade union participation in this type of companies. Thus, this article deals with whether the current regulatory framework offers effective responses to guarantee the effective constitution of trade union representation, and how this phenomenon influences the participation of trade unions in labour relations. To this end, this article focuses on the legal characterization and jurisprudential interpretation of the concept of "workplace", also introducing various proposals for improving current regulations, in order to guarantee the exercise of the right of workers to participate in the company.