El papel de la negociación colectiva en la regulación de la contratación temporal en españa y su eficacia

Abstract

This work analyzes the role of collective bargaining in the temporary contracting regulation in Spain, after the labour reforms that, since the nineties, have been referring to this matter. Thus, the approach is focused into give account of the function that the collective bargaining has been and has, in the main legal suppositions of the temporary contracting workers' regulation; namely, the determined work or service contract; the eventual contract due to production situations and the provisional workers' contract, for being these the ones with major presence at the Spanish labour relationship system and the preferred object of the diverse references that the labour legislator has done to the collective bargaining. Therefore, this work is not about the occasional temporary contracting suppositions, that still survives in the Spanish system (promotion employment to disabled workers' contract) nor other temporal contracting specific suppositions (formative contracts, relief contracts, temporary contracts for temporary employments, public administration temporary contracts, among others). In addition, the temporary contracting control mechanisms at the collective bargaining are studied too, and in this case, the references made, do not distinguish between different contracting forms, except when prevented. Finally, one presents a comparison with the Chilean normative model. © 2009 Universidad de Talca, Facultad de Ciencias Jurídicas y Sociales.