AGREEMENTS CAN COMPEL SECTOR COMPANIES TO SET WAGES?

We commented on this occasion the decision of the National Court 10 September, in establishing that after the labor reform, sectoral agreements can not force companies to set wages.

Indicates the judgment that the Royal Decree-Law 3/2012 not retroactive, but if it deploys its effects on a standard lower hierarchically.

The principle of non-retroactivity, not preclude the retroactive called minimal (STS 27-06-00) because the new legislation applies to effects that are born after effect. (STS 23-9-91).

Although the Royal Decree-Law 3-2012 not retroactive, this does not preclude its application to the purposes of the Convention since the entry into force of the regulation having the legal, even if it had been negotiated prior to such date.

In the case in question the Convention establishing the priority of sectoral agreements the Company in certain matters. This is contrary to the new wording of Article 84.2.a of ET, that gives priority to enterprise agreement regarding the amount of salary and allowances and Article 84.2.c ET, which gives preference to the regulation of business and distribution schedule of working time.

In conclusion, the Social Chamber of the National Court declares void several paragraphs of the agreement, specifically, those considered as contrary to the new wording of Article 84.2 Part A, with effect from 12-2-2012.

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