Criteria for articulation and concurrence of collective agreements in Spanish legislation: a preliminary approach
DOI:
https://doi.org/10.24310/rejlss9202420463Keywords:
Collective autonomy, concurrence of collective agreements, principle of the most favorable standard, application priority, supplementarityAbstract
The relationship between collective agreements in the Spanish system of labor relations revolves around the general rule of prohibition of competition, which constitutes one of the most evident manifestations of the intervention of the legislator in the field of collective bargaining, although it is deliberately combined with the guidelines that for this purpose may come from collective autonomy, particularly through interprofessional agreements. It is a rule that has numerous reservations and that has been progressively accompanied by other legal provisions of a complementary nature, such as the one that gives preference to company agreements in certain matters or those that grant application priority to the most favorable conventional regulation in certain matters. circumstances. On balance, it could be said that the rules on the concurrence of collective agreements have contributed to outlining the structure of the Spanish collective bargaining system, at the same time that they have complicated and to a certain extent obscured the criteria for determining and selecting the applicable agreement.
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