Collective bargaining, business impasse and collective agreement after rdl 32/2021

Abstract

The modifications operated by Royal Decree Law 32/2021 in terms of collective bargaining and collective agreement have been, in quantitative terms, few. However, in qualitative terms, they have been profound, since they have been oriented, mainly, to reestablish the balance of forces between the negotiating parties, lost with the 2012 Reform; and that, among other effects, has had the vertiginous impoverishment of the working class. Although it is configured as the main objective of the 2021 Reform, it has not been the only one; For this reason, in this work, together with the analysis of the two star measures in terms of collective bargaining, the entire set of matters that, with greater or lesser technical rigor, have been affected or altered have been addressed; some of which deserve special and particular attention, such as the procedure provided for in situations of negotiating impasse. In short, a journey through this standard, in order to dissect its successes and failures in order to achieve a collective bargaining system that respects the interests and needs of all the parties involved, as well as, despite its difficulty, guarantor of their fairness and equality.