La negociación colectiva informal

Informal labor agreements represent an old phenomenon that even pre-exists regulated collective bargaining, and that presumably will run parallel to it for the future. It arises basically as an instrument to overcome the formalities and restrictions of formal negotiation and in search of greater imm...

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Bibliographic Details
Main Author: González Biedma, Eduardo
Format: Article
Language:Spanish
Published: 2017
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=6390096
Source:Temas laborales: Revista andaluza de trabajo y bienestar social, ISSN 0213-0750, Nº 140, 2017 (Ejemplar dedicado a: XXXVI Jornadas Universitarias Andaluzas de Derecho del Trabajo y Relaciones Laborales. "La negociación colectiva tras las reformas legales: especial referencia a Andalucía"), pags. 121-147
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Summary: Informal labor agreements represent an old phenomenon that even pre-exists regulated collective bargaining, and that presumably will run parallel to it for the future. It arises basically as an instrument to overcome the formalities and restrictions of formal negotiation and in search of greater immediacy in the solution to labor disputes. Recent jurisprudence has chosen to equate them in terms of their nature to the statutory “company agreements”, that is, to the so-called “defectives”. Such agreements have contractual effectiveness, not regulations. However, they have general effectiveness in relation to the scope to which they are directed. Preventing a union from participating in these agreements improperly may violate their right to freedom of association. These informal agreements integrate the system of sources of the employment relationship, related to other labor standards, basically, through the principle of minimum standard, although their relationship is complex and multifaceted.