Individual and massive modifications of wage conditions. Invalidity

The fact that the interest is "individualisable" and may have a different impact on the individual members of the group does not affect the appropriateness of the collective dispute procedure.

"Individual and massive agreements" that disregard the provisions of the collective agreement by agreeing a different regulation are null and void, as such a practice would empty the collective agreement and directly affect its binding force, which would lead to the prevalence of individual will over collective will. 

According to the ruling of 29 April 2014, which analysed whether the company practice of replacing a form of remuneration agreed in a collective agreement with another system and amount individually accepted by the affected parties - the Sales Managers sign a letter prepared by the company requesting the replacement of the system in force with that of "expenses to be justified" - is in accordance with the law.

The judgment concludes that: "Individual autonomy - or the unilateral decision of the company - cannot proceed to modify the working conditions established in a collective agreement when this, in view of the importance, significance and importance of the working conditions affected, circumvents or avoids the negotiating role of the trade union organisations or substantially empties the agreement of its effective content".

From the aforementioned constitutional jurisprudence, it follows that it is not permissible to agree individually and en masse or in collective agreements without normative nature, in terms other than those established in a collective agreement, in such a way that it would undermine its mandates, as established in the judgment of this Chamber of 12 April 2010, appeal 139/2009. ..."