La publicidad del convenio colectivo

Abstract

[Abstract] Under the title "The publicity of collective bargaining agreement#, we deal with the issue of the mechanisms of diffusion of the content of the collective bargaining agreement, as a concretion and accomplishment of the general Law principle of the publicity of norms. It starts with an introduction, entitled "Approach, from a constitutional and comparative Law points of view#, where we study the infrastructure on which both great parts («Spanish Law» and «Comparative Law») of this work is divided. The first of these infrastructures is referred to the constitutional foundations of the publicity of norms according to Spanish domestic Law, where several articles of the current Spanish Constitution of 1978, with specific references to the word «publicity», or containing some words related to it (for example, «public» o «to publish»), or referred to the instruments («files», «Bulletins», «computer-operated») allowing to make it effective, are studied. The second infrastructure deals, basically, with the specification about what we understand for significant Comparative Law. For us, it is the one focussing on Spanish neighbour countries (for example Portugal and France), the Law of other «great of Europe» countries (that is, Germany, the United Kingdom, and Italy), the Law of the European Union («ad extra», but also «ad intra») and, as a counterpoint of the latter, also the Law of the United States of America. As it has just said, the first part of the work studies «The publicity of the collective bargaining agreement established by Spanish Law». The complex matter studied in it —to be used as a basis, in its turn, to deal with the problems of the issue in Comparative Law— has been grouped in five chapters. The first, titled «The publicity of the Spanish collective bargaining agreements up to the enactment of the Workers’ Statute», performs the function of a historical part (apparently, unavoidable in any Doctoral disertation) of our work, including the chronological arch between 1902 and 1980. The second one, on the basis of the enactment of the Workers’ Statute, deals with «The official traditional publicity of the statutory collective bargaining agreement», which is ruled in section 90, paragraph 3, of the own Workers’ Statute (a rule focussed on the publication of the collective bargaining agreements, according to its geographic scope, in the several Official Bulletins we have in Spain). The third chapter, entitled «The computer-operated register publicity of the statutory collective bargaining agreement», focus on the file managed by the National Advisory Commission for Collective Bargaining Agreements, very promoted on its functions and competences, after the 2012 Spanish reforms of the labor legislation. After having closed the issue of the «official» Spanish collective bargaining agreements, the fourth chapter deals directly with the problems of the publicity of the Spanish collective bargaining agreements negotiated in the fringe of the Act (in spite of it, they are not illegal collective bargaining agreements), under the generic label «The internal to the enterprise publicity, the official traditional publicity, and the computer-operated register publicity of the extrastatutory collective bargaining agreements». This first part of my work, monographically devoted to Spanish Law, is closed with a fifth chapter, apparently very theoretical but, simultaneously, of great practical interest —because it tests the correct theory dealt with in the four previous chapters—, about «The extra-statutary collective bargaining agreements without publicity», either because they are oral collective bargaining agreements, or because the lack of publicity in them derives from their tacit nature. The second part, on the basis of having a solid infrastructure about the issue, deals with «The publicity of collective bargaining agreement in Community and Comparative, European and USA, Law», as previously specified —as it was said— in the introduction of the work. It consists of three chapters, relating respectively to the following. The first one, about «The traditional mechanisms of publicity of collective bargaining agreement in Community and Comparative, European and USA, Law», in which we have characterized —always from the point of view of the publicity of collective bargaining agreement— some legal orders «with detailed regulatory models» (in our opinion, the Portuguese, French and German models), some legal orders «with simplified regulatory models» (in our opinion, the Italian, USA and British ones) and, because of its peculiarities —preventing to classify it in some of the two above mentioned models—, «the European Union legal order». The second one deals with the models we consider more close to the Spanish one, from the point of view of the application of the new computer-operated technologies to the diffusion of the content of collective bargaining agreements, marking here the difference between models with computer-operated publicity of an integral character —that is, because they offer in full version collective bargaining agreement at issue—. On the one side, there are some collective bargaining agreements «based on the publication of collective bargaining agreement in official journals» (as the French or the Portuguese ones). On the other side, «not based on the publication of collective bargaining agreement in official journals» (as the Italian or the USA ones). This second part of the work is closed with a third chapter, about «Other comparative models of computer-operated register publicity of collective bargaining agreement», focussed on the analysis of the German confidentialist model, the British secretist model, and finally, the European Union —publicist «ad extra» and occultist «ad intra»— model.!