La modificación sustancial de las condiciones de trabajo y la inaplicación del convenio colectivo como instrumentos de mantenimiento del empleo tras la reforma laboral de 2012

One of the main objectives of the labor reform of 2012 is to promote internal flexibility as an alternative instrument to the dismissal of workers. That is, it is argued that a more flexible in its essential conditions (functions, working time arrangements, workplace, salaries ...) avoid or at least reduce layoffs, as companies could meet their needs production and / or organizational without resorting to them. And following that logic, the reform has expanded, in an important way, the possibilities of change, quite often unilateral, basic working conditions of workers by the company. The aim of this paper is to analyze in detail two specific measures of internal flexibility, clearly interrelated, and the way the labor reform of 2012 intended to help maintain employment in a company. These two measures are the substantial change in working conditions (article 41 of the Statute of Workers) and the failure of certain working conditions regulated by collective agreement (article 82.3 of the Statute of Workers).