Balance de la reforma de la negociación colectiva

  1. Henar Álvarez Cuesta
Labos: Revista de Derecho del Trabajo y Protección Social

ISSN: 2660-7360

Year of publication: 2023

Volume: 4

Issue: 1

Pages: 171-188

Type: Article

DOI: 10.20318/LABOS.2023.7645 DIALNET GOOGLE SCHOLAR lock_openOpen access editor

More publications in: Labos: Revista de Derecho del Trabajo y Protección Social


One year on from the publication and entry into force of Royal Decree-Law 32/2021, it is appropriate to rethink of the effects of the labour reform on collective bargaining, in order to verify whether the intended objectives have been achieved and to explore the consequences not intended by the law. To this end, it is necessary, firstly, to know what difficulties were detected and which were intended to be remedied. Secondly, it is necessary to verify the effectiveness of the following reforms: the concurrence of agreements (art. 84.2 ET) through the reinforcement of the sectoral agreement as the backbone of the negotiating structure; the establishment of criteria for selecting the agreement to be applied in the case of contracts (art. 42.6 ET); the maintenance of the ultra-activity of agreements (art. 86 ET); and the call for sectoral bargaining throughout the law. In this initial assessment, it should be kept in mind that the timing of collective autonomy and its results require greater perspective and that the transitional provisions of the law itself prevent a more precise assessment, without forgetting the impact of the socio-economic situation, which can affect this area to the same extent as the legal changes. The assessment of the changes is positive, even though the effects have yet to be determined, the necessary time has not yet elapsed to confirm the results, but it is possible to note trend lines capable of marking the path of the future negotiating map.