Las reformas laborales y el arbitraje obligatorio: algunos problemas (reflexiones a propósito del acuerdo de la Comisión Paritaria del Preco de 20 de octubre de 2011)
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Abstract
The aim of this paper is to discuss the decision of the Joint Committee on the PRECO (voluntary procedures for the settlement of labour disputes) on 20th October 2011, concerning building up systems for settling disputes out of court under the latest regulations introduced in Spain, involving far-reaching reform of the system of collective negotiation. In particular, it sets out to assess the adoption of obligatory arbitration within the framework of consultation processes in the event of the non-application of the collective agreement in the area of pay or others (art. 82.3 ET), as well as the recourse to arbitration of the same nature which is also laid down in the last instance before the CCNCC or equivalent bodies in Autonomous Regions, for the purpose of reaching a position on whether they are constitutional or not.
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