The effects of the end of overextension. Some questions, some solutions (or offers of solution)

Abstract

The extension period which the labour reform under Law 3/2012 –with its previous regulation under Spanish Royal Decree-Law 3/2012– offered to those collective agreements previously denounced expired last July 8th 2013. In other words, any collective agreement whose negotiation had failed by that date was bound to lapse in its application in favour of another one pertaining to wider scope, as it is explicitly formulated by the legal precept of implementation of this provision (art. 86.3 Statute of Workers). Nonetheless, such a precept does not solve particular issues closely related to its implementation and that case‑law and jurisprudence have highlighted in several studies: determination of the collective agreement pertaining to wider scope applicable, its inexistence, and so on. This problem, which does not affect exclusively to those agreements expiring on 8th July, may extend to all those collective agreements whose expiry date may be drawing closely, and within one year of denouncement, nothing has been regulated to the effect. In turn, this study presents different answers so as to contribute and enrich this debate by providing illuminating insights.