Unions and business leaders are set to resolve an issue over the obligation or not to maintaining the working conditions set out in collective agreements beyond their expiry date and for the period of time that inter-professional framework agreement negotiations are taking place. This follows a decision by the Supreme Tribunal at the end of 2014, which ruled that previously existing workers rights should be upheld until the new agreement is implemented. This runs contrary to the 2012 labor reform that provided for the suspension of such rights as of the expiry date of a collective agreement. This recent decision quashes a series of judicial debates and doubts over the 2012 labor reform’s symbolic initiative.
The 2012 reform ending the extension of collective agreements’ conditions (ultraactividad) is now compromised The decision made on December 22, 2014 found in favor of unions and reduces the impact of the 2012 labor reforms. These reforms aimed at forcing the social partners round the negotiation table by placing a real expiry date on existing agreements. However the Supreme Tribunal has decided those workers’ conditions, as set out in collective agreements should continue to apply indefinitely beyond the expiry date of the collective agreement unless replaced by a new agreement.
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