SPAIN: The TS restores ultraactividad conventions … – EntornoInteligente

SPAIN: The TS restores ultraactividad conventions … – EntornoInteligente

Home & gt; Business | Posted on Friday, December 19, 2014

SPAIN <- - AUGURE_TITULO_INICIO!>: The TS restores ultraactividad Conventions eliminated by the labor reform

Cinco Dias / The Supreme Court has rectified one of the central points of the labor reform, ruling that the rights under collective agreements remain in effect even though these agreements have expired and year extension that collects the law has passed, as has Advanced elpais.com and confirmed the High Court.

Thus, contrary to the purport of law and the spirit of labor reform, workers do not lose their rights if their contract has expired and the workers are unable to agree on a new agreement following the expiry of its validity year. Moreover, the Supreme beyond saying that “the conditions agreed in the contrrato working from the moment of its formation, either directly or by reference to the provisions of the applicable collective agreement, have contractual legal nature and therefore remain enforceable between employer and employee (…) although the expiry of the term of the collective agreement of reference. “

That said, the Supreme housed businesses if they want to change these contractual conditions make it through its modification “if economic circumstances concur, technical, organizational or productive”, in accordance with Article 41 of the Statute of Workers. He adds that all this “without prejudice to the continued obligation to negotiate a new agreement”

According Elpais.com the Social Chamber of the Supreme considered by eight votes against six, although an agreement collective Regulation expires, is terminated and spend twelve months without managing to agree a new one, the collective rights of such agreement contractualizan, ie, become individual of each worker concerned, not lose them.

The judgment, which has not yet been published, refers to the case of the Balearic ATESE company ended the life of your agreement on July 7, 2013, the day in which by law expired agreements expired a year ago and not renewed. The workers of the company, received the salary for that month with two formulas: until 7 as collected by the agreement expired and from that day marking the Workers’ Statute

The decision empressa demand caused by the Trade Union (USO), which is then later joined other unions represented in the company (UGT, CCOO and CSI-F). The Superior Court of Baleares and considered that workers had to collect his full salary as is contained in the agreement even though it had completed its validity and exhausted their automatic extension of one year. Thus, this court stated in accordance with law no business conduct to which the company filed an appeal has now been rejected by the Supreme

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