SPANISH LABOUR LAW REFORM AND NON JUDICIAL SOLUTION OF CONFLICTS: LEGAL CHANGES AND PROJECTIONS

Conditioned by the economic crisis, spanish labour law changes rushes in the Statute 35/2010, September 17, of urgent measures to reform the labour market. This law follows, in relation to the non judicial solution of conflicts, the previous line adopted by our legislation. This new legal framework strength the non judicial solution of labour conflicts but does not improve the technical nor systematized the changes. The Statue includes mediation and arbitration, even, with some doubts, compulsory arbitration enforced by the collective agreement. A line that is particularly showed in relation with the consultation periods of the substantial working conditions collective changes operated by the employer, particularly when this conditions are regulated by a statutory collective agreement, and in relation with the salary lift procedure. State and regional procedural collective agreements (ASEC) are from now on, because of the wew legally binding provisions, obliged to broaden its non judicial mechanisms to this new spaces. And to take account of the new deadline for those consultation periods. These amendments lead to a new scene of the roll played by the different collective bargaining levels as well as change the balance between the several tools used to solve labor conflicts.