Can a National Collective Bargaining Agreement be Replaced by a Lower one in case of Expiration?

The labor reform of 2022, approved by Royal Decree-Law 32/2021, has modified article 86(3) of the Law of Workers'Statute in such a way that the ultra-activity of collective bargaining agreements (automatic extension of collectivebargaining agreements due to lack of renewal at the time of expiration of their temporary scope) has been "resumed".

By virtue of the foregoing, the application of the higher-level agreement cannot be imposed, as was the case prior to thereform.

With the disappearance of ultraactivity, a lower-level agreement which has got expired could no longer be replaced by ahigher-level agreement in force, simply because at the time of expiration of the lower-level agreement, it will beautomatically extended in the absence of a new agreement or express extension, unless otherwise agreed.

Remember that if you need it, we can advise you to make this process as fast and effective as possible. Just contact us,(diterno@proemabogados.com), and we will get to work.

David Tierno García

Attorney at Law