New decision-making powers of the National Advisory Commission on Collective Agreements
DOI:
https://doi.org/10.51302/rtss.2013.3164Keywords:
overall effectiveness of collective agreements, non-application of the collective agreement, National Advisory Commission on Collective Agreements, arbitrationAbstract
Article 82.3 of the Worker's Statute consolidated text, as amended by Law 3/2012, dated July 6, provides for jurisdiction of the National Advisory Commission on Collective Agreements to decide on the request from employers or employee representatives regarding the non-application of working conditions foreseen in the collective agreement, provided that the procedures set out in that regulation (discussion between the parties; participation of the collective agreement joint committee; procedures for extrajudicial settlement of conflicts) were not applicable or discrepancy was unsolved.
To date 26 cases have been processed from the non-application of collective agreements. Only one has been assessed completely and four partially. The remaining requests were not accepted for lack of territorial or objective jurisdiction of the Commission, or lack of requirements that article 82.3 demands for intervention. In this study we analyze in detail the conditions to be satisfied and accredited for a successful arbitration before the Commission.
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