The arbitration at the service of business interest: the role of the National Advisory Commission on Collective Agreements in the procedure of non-application of the collective agreement

Abstract

This paper discusses the role of the arbitration in the procedure of non-application of the statutory collective agreement. The new regulation of the article 82.3 ET situates the non-application between the weakening of collective bargaining and the assistance of business powers by third parties. The key of the new regulation is the satisfaction of the business interests, for which the legislator submits to the worker representation to an enormous pressure during the consulting period, as the absence of agreement at company level does not finally avoid the non-application, especially after the unbalanced regulation (both in the legal and under-legal level) of the compulsory and public arbitration on the part of the National Advisory Commission on Collective Agreements. Special attention is paid to the obligatory arbitration, starting by the constitutional analysis of the legal regulation, continuing with the institutional framework necessary for its functioning and ending with the evaluation of the first experiences and the judicial control.