Las cláusulas convencionales en materia de planes de pensiones

Abstract

Collective bargaining regarding complementary professional social protection has historically played a relevant role, however, the desired results have not been obtained and, consequently, the reach of these instruments to the working population has been very limited. Hence, the latest reforms on pension plans aim to provide an authentic second pillar as true mechanisms that serve to complement public pensions, never to replace them. To this end, the decision-making capacity of sectoral collective agreements has been increased, as they have been called upon to play a central role in order to increase their universality among workers. From this perspective, the present study carries out a diagnosis of the negotiating experience of the previous system that has led to legislating new corrective measures, continuing with the critical analysis from the point of view of the new contents that are already included in the conventional clauses regarding this matter. In this regard, the analysis of the first sectoral experience, for now, of the VII General Agreement of the Construction Sector of Spain, which has formed a milestone in our country, is of interest. So, this article is framed based on previous research work already published about this novel legislation, now advanced in the more practical study about the clauses of collective autonomy. Hence, a new perspective will be adopted aimed at clarifying certain key aspects about the practical reality of the negotiating content.