Beware of gleaning in the application of Collective Bargaining Agreements! 

At the corporate level, the correct interpretation and application of collective bargaining agreements is essential to ensure efficient labor management and avoid potential conflicts. The mixed nature of collective bargaining agreements, which act both as a contract with normative effects and as a rule of contractual origin, requires rigorous and meticulous interpretation.

One of the most critical points to be understood by companies is that there is no room for “gouging” in the interpretation of collective bargaining agreements. This means that it is not valid to selectively apply only those clauses that are favorable or convenient, ignoring the rest. Agreements must be interpreted and applied in their entirety, ensuring fair and consistent treatment for all parties involved.

What criteria should be taken into account when interpreting a collective bargaining agreement?

In order to understand and correctly apply a collective bargaining agreement, it is essential to take into account the different interpretative criteria established in the Civil Code. Literal interpretation, which attends to the literal meaning of the clauses, is the first step. However, it is not always sufficient, since it is necessary to consider the evident intention of the parties, avoiding applying an interpretation that may distort its true purpose.

In addition, systematic interpretation plays a crucial role, since it implies attributing to doubtful clauses the meaning resulting from the agreement as a whole. In other words, a clause cannot be analyzed in isolation, but must be understood in the overall context of the agreement.

Another important aspect is the historical interpretation, which takes into account the background and the acts of the negotiating parties. This makes it possible to understand the spirit in which the agreement was negotiated, ensuring that current decisions respect the original context of the negotiations.

The finalist interpretation, on the other hand, focuses on the ultimate intention of the negotiating parties, ensuring that the agreement is applied in accordance with the objectives that motivated its creation.

It is important to note that the Supreme Court, in a ruling issued in March 2024, has reiterated these interpretation criteria, stressing the need to apply them strictly and in accordance with the agreement as a whole. This ruling reinforces the importance of a comprehensive approach in the interpretation of collective bargaining agreements, avoiding selective or partial practices that could give rise to legal disputes.

Don’t let it pass you by! The periodic review of the collective bargaining agreement is essential.

It is essential that companies frequently review the applicable collective bargaining agreement. Changes in labor regulations, variations in the economic context, and the evolution of labor relations may cause certain interpretations or applications of the agreement to become obsolete or inadequate.

The correct interpretation and application of the collective labor agreement is a task that requires attention and dedication. Companies must be aware that they cannot pick and choose which parts of the agreement to apply and which not to apply. A comprehensive and rigorous approach, together with a periodic review of the agreement, are essential to maintain efficient labor management and avoid legal problems.

Specialized legal advice is key for companies to ensure that they are properly complying with their obligations and protecting their interests. Avoiding the “spiking” and applying the collective bargaining agreement in a comprehensive manner not only prevents conflicts, but also strengthens business management, providing legal certainty and confidence in labor relations.

Are you aware of the importance of the correct application of the collective bargaining agreement? Do you need help?

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