Abstract

MORENO DE VEGA Y LOMO, Fernando. The Option of Substantially Modifying the Salary System: New Elements and Reflections on the Latest Reforms in Spain. Bol. Mex. Der. Comp. [online]. 2012, vol.45, n.134, pp.539-570. ISSN 2448-4873.

This study broaches the basic aspects of the rules governing the salary opt out clause in the Spanish legal system. This prerogative makes it possible for certain companies in crisis temporarily to discontinue applying the pay scales stipulated in a collective bargaining agreement, a circumstance that could hurt or benefit the workers, depending on the perspective one takes. This matter has recently been reformed in the legislation (2010 y 2012), thus justifying a comparative study that will furthermore allow us to confirm an evolution in the options available for businesses as a measure of internal flexibility.

Keywords : Labour relations sources; statutory collective bargaining; minimum contents; effectiveness of collective bargaining agreements; salary system.