Procedimientos de solución extra-judicial de los conflictos laboralesregulación convencional y normativa

  1. Sesma Bastida, Begoña
Supervised by:
  1. María del Carmen Ortiz Lallana Director

Defence university: Universidad de La Rioja

Fecha de defensa: 02 July 2003

  1. Juan Rivero Lamas Chair
  2. Francisco Javier Gárate Castro Secretary
  3. Jesús Martínez Girón Committee member
  4. Juan José Fernández Domínguez Committee member
  5. José Luis Goñi Sein Committee member

Type: Thesis


The existing normative regulation of the conventional system for the out-of-court solution of the labor controversies in our country, is relatively recent. Barely it counts on two decades of establishment, in which can be differentiated four phases of development, depending on the force at the moment historic labor model of relations in which one each other, arises and develops. Not some limits exist clear among the different phases; but continue a path continuous and progressive, conformed by different successive stadiums. Nevertheless, despite the two decades of antiquity, the key year in the development of the autonomous procedures of solution of conflicts is situated in 1.994, date in which important reforms were produced so much in the statute of the workers (E.T), as in the labor law of procedure (L. P. L). There are a double and complex composed system by an out-of-court and judicial system for the solution of the conflicts of work. This last one, at the same time, is composed, of a side, by administrative procedures and, of another, by conventional, being very difficult the coordination to all of them; difficulty that obeys, likewise, to historic reasons. Not a legal ordering exists that cover all the regulation and lace globally some of the other mechanisms resolutorios, and this one implies a weakening of the out-of-court systems of solution in favor of the judicial procedures. The legal regulation of the out-of-court system of solution of the labor conflicts stirs up a series of problems and interpretive doubts that affect to the comparison among the procedures of conciliation and mediation; object of the out-of-court procedures of solution, this is, to the possible labor conflicts that can be submitted for its resolution; to the efficacy of the solutions reached in out-of-court headquarters; to the regulation of the time limit Challenge of the agreements mediators and arbitration judgments reached relating to a collective conflict and, finally, to the necessary legal reforms, relating all those questions you process them that they impact in the regulation of the out-of-court procedures of solution. It is removed the existence of an "unsatisfactory legal framework", from all of, that carries to the need to reach a new gifted, normative plan of greater legal security. Despite the inspiration of the system in common principles to other legal codes, the dispersion of the norms and agreements that regulate the different mechanisms resolutorios in our country, require of continuous interpretive works and of the constant articulation of the different texts that, nevertheless, show the regulatory existence of gaps, all the time, that show the shortage of the legal solutions adopted and the existence of a Conventional and legal framework that, without place to doubts, are determinants of a minority and restrictive application of the out-of-court mechanisms of solution regarding the courts. Nevertheless, the out-of-court procedures of solution of the labor conflicts, possess a high efficacy, when the parts in conflict decide to be submitted to them. To be settled the legal problems that present, with the time they could arrive to become an instrument important for the resolution of the labor conflicts. The utilization of their procedures himself has not been generalized and its extensive potencialidades negotiating and pacificadoras have not unfolded in fulness, but at sight of its progressive advances and, - insists, with the pertinent reforms - the system would be able to unfold a performance each greater time, so much of the mechanisms predicted by the ASEC, to state level, as by the Different Agreements Interprofesionales Autonomous bureaus for the solution of the labor conflict.