THE INTRODUCTION OF FLEXIBILITY IN THE SETTING OF WORKING CONDITIONS THROUGH COLLECTIVE AGREEMENT

Abstract

The reforms introduced by Law 35/2010 of September 17 and RDL 3/2012 of February 10 in the regulations governing collective bargaining on working conditions and the protection of Social Security are closer to the idea of deregulation that flexibility of labor relations. The work and guidance of the European Union, which, under the guise of "soft law", even urgently modifies the Charter of the Member States of the Union, such as the Green Book, using ideas of "modernization of labor legislation" to face the challenges of the 21st century, completely ignoring its collective nature. The objective is to deregulate the "dejuridification" of labor relations, which would result in the elimination of the level of protection of workers and the return to self-regulation of the labor market, free commercial power over labor, that is freedom of hiring, freedom to establish working conditions and freedom to terminate the employment contract.