O retroceso do criterio de prioridade aplicativa do convenio de empresa e ultraactividade dos convenios colectivos

Resum

The reform carried out by Royal Decree-Law 32/2021 has meant an important change with respect to the application priority of collective agreements and the application of the ultra-activity criterion. This reform repeals the previous one from 2012 in the aforementioned aspects. In the first place, the prevalence of the sectoral agreement over the company agreement in salary matters is established and, secondly, the application of the unlimited ultra-activity of collective agreements is retuned. Both reforms can be qualified as positive, protectionist and entail the strengthening of collective bargaining. However, it is necessary to make some qualifications because the reform does not completely eliminate the application priority of the company agreement, since it retains its essence in very significant matters. Likewise, the important transitory regime of the reform and the incentive to use mediation and arbitration mechanisms are also analyzed.