Law 35/2008 of 18 December, of the code of labour relations since the General Council at its session of 18 December 2008 approved the following: law 35/2008 of 18 December, of the code of labour relations Index preamble Title i. scope and principles regarding Article 1. Scope of application Article 2. Article 3 exclusions. Hierarchy of legislation Article 4. General principles Title II. Contract of employment chapter. General provisions Article 5. Definition in Article 6. Article 7 duration of classes according to the contract. Jurisdiction and procedure in Article 8. Prescription expiration and second chapter. Subject of the contract Article 9. Working person Article 10. Businessman Article 11. Transmission of third Chapter company. The form of the contract Article 12. The form of the contract Article 13. Plural contracts Chapter fourth. Duration of the contract Article 14. Period of test Article 15. Contract for a given duration or for work or particular service Article 16. Seasonal contracts Article 17. Intermittent contracts Article 18. Interim contracts Article 19. Succession of given duration contracts Article 20. Hiring for short duration Chapter five. Of work under Article 21. Of work under Article 22. Working day Article 23. The form of the contract Article 24. Works banned and exceptions Chapter six. Special contracts Section first. Learning contract Article 25. Learning contract Article 26. Duration of the contract Article 27. The form of the contract of apprenticeship Article 28. Provision of the employer Article 29. Authorization and verification of the contractual conditions Article 30. Certificate of apprenticeship section second. Socio-labour insertion contracts Article 31. Contracts in the third Section, special conditions. Work in internships Article 32. Work in internships section four. Agriculture and livestock Article 33. Farmers and agricultural workers, and Chapter seven. Suspension of the employment contract Article 34. Suspension of the employment relationship Article 35. Temporary disability Article 36. Maternity leave Article 37. Leave for adoption Article 38. Paternity Article 39. Break for risk during pregnancy Article 40. Decision of the worker is a victim of gender-based violence Article 41. Deprivation of liberty Article 42. Article 43 leave of absence. Fortuitous and temporary force majeure eighth Chapter. Provision of work Article 44. General provisions Chapter nine. Provision of the working person Section first. General provisions Article 45. Working person's rights Article 46. Obedience and diligence, Article 47. Abiding by Article 48 training. Prohibition on competition Article 49. Work in exclusive Article 50. Professional and professional workers category classification system Article 51. Place of work Article 52. Safety and health at work Article 53. Section two inventions. The time of the provision in Article 54. Effective working time Article 55. Working time at the disposal of the company Article 56. TRIPS Article 57. Day of work Article 58. Quarterly, six-monthly or yearly calculation of working time Article 59. Weather Article 60. Part-time employment contract Article 61. Overtime Article 62. Calculation of overtime Article 63. Time planning and account of hours third Section. Leave Article 64. Daily break Article 65. Weekly Article 66. Labour parties section four. Article 67 annual holidays. The right to paid holidays Article 68. Obligation of the holiday Article 69. Time of enjoyment Article 70. Determination of Article 71. Reward of the vacation Article 72. Paid permits Article 73. Permissions not paid tenth Chapter. Provision of company first section. General provisions Article 74. Provision of company Article 75. Power steering second section. Salary Article 76. Salary Article 77. 78 Article wage classes. Interprofessional minimum wage Article 79. Minimum wage of under Article 80. Salaries in cash and in kind Article 81. Plus of nocturnality Article 82. Calculation of Article 83. Place, time and payment formalities Section third. Protection of salary Article 84. Payment of the salary Article 85. Privileges of the Fourth Section. Other provisions Article 86. Liberalitats of the company Article 87. Equality and conciliation of work and family life the eleventh Chapter. Social security scheme Article 88. The twelfth Chapter affiliation. Termination of employment contract first section. Termination of the contract Article 89. Termination section second. Termination of the contract Article 90. Causal not farewell Article 91. Dismissal for objective reasons Article 92. Formalities of the causal and not farewell send-off by objective causes Article 93. Dismissal for disciplinary reasons Article 94. Formalities of departure for disciplinary reasons Article 95. Withdrawal of the working person Article 96. Formalities of the dropping of Article 97. Dropping of the thirteenth Chapter of the working person is justified. Compensation Article 98. Compensation Chapter fourteen. Liquidation Article 99. Quitança Article 100. Certificate of services provided title III. Disciplinary system of workers Article 101. Fines and sanctions for workers Article 102. Offences Article 103. Serious offences Article 104. Very serious offences Article 105. Disciplinary penalties Article 106. Formalities Article 107. Prescribing Title IV. The collective rights of workers chapter. Meeting Law Article 108. Right to Assembly meeting in second chapter. Right to collective representation Article 109. Right of representation Article 110. Delegates Article 111. Powers Article 112. Duty of confidentiality Article 113. Warranties Article 114. Promotion of elections and electoral mandate Article 115. Electoral procedure Article 116. Workers ' representation hired fixed not Article 117. Polling station Article 118. Functions of the polling station Article 119. Vote for Article 120 delegates. Claims regarding title V electoral. Collective negotiation chapter. Agreements and collective agreements of work Section first. General provisions Article 121. Definition of collective bargaining Article 122. Agreements and collective agreements Article 123. Definitions of agreements and collective agreements Article 124. General scope of regulation Article 125. Minimum content of the collective agreement


Article 126. Recognition of the right to collective bargaining Article 127. Criterion of representativeness of organizations of workers Article 128. Fields of application the second Section. Negotiation of collective agreements and collective agreements Article 129. Legal capacity to negotiate and bound with a collective agreement or collective agreement Article 130. Composition of the negotiating Commission Article 131. Mediator Article 132. Procedure Article 133. Principle of the most favourable provisions Article 134. Duration of collective agreements and collective agreements third Section. Adoption of collective agreements and collective agreements Article 135. Principle by the majority for the adoption of collective agreements and collective agreements Article 136. Obligacional force and effectiveness section four. Right of opposition Article 137. Notification of the Agreement Article 138. Exercise of the right of opposition Section fifth. Denunciation of the collective agreements and collective agreements Article 139. The right to report collective agreements and collective agreements Article 140. Registration and advertising of collective agreements Article 141. Control Chapter sec. Agreements and collective agreements of company Article 142. Exercise of the right of workers to negotiate at enterprise level Article 143. Composition of the negotiating delegation Article 144. Negotiations with workers mandatats by organizations of workers Article 145. Adopting an enterprise agreement for part of mandatats workers Article 146. Purpose and frequency of the negotiations Article 147. Effects of agreements with collective agreements or sectoral collective agreements Article 148. Correction, revision and denunciation of conventions and agreements of third Chapter company. Application of the agreements and collective agreements Article 149. Enforceable character and effect of the agreements and collective agreements between Parties Article 150. Scope of Article 151. Accession Article 152. Correction and review of the collective agreements or collective agreements Article 153. Right to take legal action in execution of the agreements granted Article 154. Title VI Joint Commission. Sanctioning chapter. Infringements of Article 155. Nature Article 156. Warranties Article 157. Minor offences Article 158. Serious offences Article 159. Very serious offences Article 160. Recidivism Article 161. Prescribing second chapter. Penalties Article 162. Penalties Article 163. Criteria of graduation of sanctions Article 164. Title VII Prescription. Administrative control and sanctioning procedure chapter. Administrative control Article 165. The Labour Inspection Service second chapter. Sanctioning procedure Article 166. Sanctioning transcript first additional provision second additional provision third additional provision sole transitional provision sole final provision repealing preamble the Constitution recognizes the social vocation of the Andorran State. One of the laws conformadoras of this quality is the one who protects and recognizes labour rights, not only as an element of economic activity of society, but especially as a backbone of this society and the well-being of its members.

This rule does not limit its regulation to the individual relationship of the wage-labor, but that, in accordance with a global vision, extends to the various aspects that occur in the field of labour relations, the intervention of the public authorities in the same, as well as the Organization and the activity of representatives of the social partners, workers and businesses.

This code of industrial relations aims to bring together in a single legal text the issues regulated in the law 8/2003, of June 12, about the employment contract, and add new issues that until now had not been would appear, such as the regulation of collective representation rights, the right of Assembly of workers in the company and the collective negotiation of labour agreements and collective agreements.

The result is that, for the first time, it brings together in a single code set of the Andorran legislation in the field of labour relations. The advantages are obvious and can be found at first glance: the legislative process involved and the ease that for all legal operators in the field of labour law, the handling of a single legal text only with the exceptions of the qualified law of trade union rights and of the law on safety and health at work.

Law 8/2003, of June 12, about the employment contract constituted an important advance in terms of the approval with the labour laws of our surroundings, and he did it while maintaining a flexible basis, with a minimum general legislation to promote the freedom and autonomy of participation of social actors, entrepreneurs and workers. As a novelty, more significant, introduced a new causal system of termination of the employment contract, which make difficult and more onerous dismissal free, with the goal, picked up on the same reason, there is a transfer from the traditional formula of free discharge to the causal or academic dismissal. Finally, we must remember that at the end of the preamble referred was defined the law 8/2003 as law the basis from which we had to go to build the regulatory system in social matters, in accordance with the constitutional mandate and the international commitments already acquired or that may be acquired from then on.

The new code introduces substantial changes and systematized the whole of social regulations. So, for example, includes new subjects such as the regulation of the representation and collective bargaining, which was necessary and that it has made harmonising the exercise of rights with the peculiarities of the economic and productive situation of the Principality.

The modern conception of labour relations has abandoned the rigid disciplinary and based on the discretionary power of the employer, to conceive them from the Cairo dialogue and the constant coordination. From this perspective, for this code is given an importance to the coordination among the representatives of the workers and the employers, though with the necessary intervention of public authorities, especially the Department of labour, in order to achieve a self regulation with the specificities of the sectors, which will be more suitable than you can dictate from public institutions given also that the size of the country makes it especially the dialogue and the consensual adoption of the measures is appropriate at any given time.


The fundamental instrument envisaged in the code for the achievement of the necessary consensus in labour relations is the collective agreement, not only as a vehicle for resolving disagreements between the social actors, but as an instrument for improvement of the conditions of the workers, to improve the efficiency of production systems and quality assurance of economic and social progress.

The title and the scope of application, the regulations and the General principles governing contracts of employment.

The title II refers to the employment contract. The first chapter defines it, sets forth the classes of contracts, and establishes the attribution to the civil jurisdiction of the knowledge of the conflicts arising from the employment contract and the prescription expiration and of actions arising from the contract of employment.

The second chapter is devoted to the subject of the employment contract, employee and employer and also to the change in ownership of the company.

The third and fourth chapters focus, respectively, on the form and duration of the employment contract. The fifth and sixth chapters refer to the work of minors and special contracts.

The seventh chapter refers to the suspension of the employment contract and the eighth in the General provisions on the object of the work. Chapter 9 focuses on the provision of the individual workers, their rights and obligations, the Covenant of permanence, and the prohibition of competition, categories and professional classification, the work place, the surveillance of the safety and health in this area, the regime of the inventions made by the worker in compliance with his contract. There are several dedicated sections at the same time of work, where the most important novelty is the introduction of an annual maximum of 1,800 hours when the nature of the work does not allow an even distribution of the day. The regulation allows the reconciliation of work and family life and providing flexibility to the labour relations of economic and productive sectors of great implantation in the Principality.

The tenth chapter is dedicated to the provision of the company, and includes the power steering and the legal configuration of salary.

Chapter 11 refers to the affiliation to the social security.

The twelfth is the termination of the employment contract. They regulate all the causes of termination of employment contracts and establish the terms of the dismissal does not cause, the dismissal for objective reasons, the dismissal for disciplinary reasons and the discontinuance of the working person, both volunteer as justified. Finally, we consider the economic consequences of the termination, compensation and liquidation.

In title III is the disciplinary regime of the workers.

The title IV refers to the rights of collective representation and meeting of the workers, and they are a novelty in our legislation. They regulate the number of delegates that will be able to have each company according to your template and the responsibilities and guarantees of the delegates and, finally, includes the regulations applicable to the electoral process for the election of delegates.

The title V refers to collective bargaining. It attributed the legitimacy to negotiate an agreement or collective agreement to the representatives of workers ' organizations that have a 10% of the total delegates of the sector affected by the agreement and those of the business organizations that give jobs to 10% of workers in the sector concerned.

The second chapter refers to agreements and collective agreements at enterprise level agreements reduced to the company. Is of great importance that, in the absence of delegates, the employer may negotiate with the workers designated and mandatats on the part of employees of the template.

The third chapter is dedicated to the application of the agreements and collective agreements, and the figure of the Parity Commission of the collective agreement as a body that solves the doubts about the interpretation of the terms of an agreement, without prejudice to the last word in the event of conflict corresponds to the competent jurisdiction.

Title VI is dedicated to the sanctioning of employers and the seventh, the administrative control that performs the service of inspection and the disciplinary infringements option was for this service.

Finally, there are three additional provisions which set forth various rules on quotations in the Caixa Andorrana de Seguretat Social and to update periodically, in accordance with the IPC, the amounts of the penalties laid down in article 162. The code is closed with a transitional provision, repeal and final provision one.

Title i. scope and principles regarding Article 1 scope of application this code applies to all employment relationships that develop in the Principality. It is also applicable to employment relationships that start or will be formalised between companies established in the country and workers when the object of the work is abroad, unless the parties have agreed in the contract, the application of the law of the country.

Article 2 Exclusions 1. Are excluded from this Regulation: a) the staff of the public administration in the form that comes defined in the code of the Administration when, under the protection of a law, the administrative rules is regulated relationship or association.

b) friendly work when you perform sporadically, without compensation and, in any case, for a duration of less than two days.

c) family works but if it is shown the condition of wage earners of the people who take them out.

Are considered to be family members, to these effects, the spouse, descendants, the ancestors and other relatives by blood or affinity up to the second degree inclusive.

For the purposes of this code, is considered a spouse the person bound by marriage or legal status in fact equivalent.

In any case, the family works carried out by minors are applicable to articles 21, 22 and 24.

of free community service work), called social volunteering, and the works of good neighbourhood.

e) the activity is limited to the mere fact of exercising the Office of Member of the Board of directors or management bodies of a legal person, performing only tasks inherent to the position, unless expressly indicated to the contrary.

f) the work of shepherds and parceria contracts.

2. labour relations are considered to be of special character, regulated by this code but not imperative and sub that not expressly


agreed: to) those of bats in the prisons.

b) of artists in public shows.

c) those of disabled workers, if they work as a user of any of the employment programs that are developed in the framework of the law on guarantees of the rights of persons with disabilities, dated October 17, 2002.

d) of professional athletes.

e) those of the users of the integration program of the Government, while they are registered as employees of the program.

f) Any other work that is expressly stated as a working relationship of special character for a law.

Article 3 rules Hierarchy 1. The rights and obligations arising from the employment relationship are regulated by: a) the provisions contained in the Constitution.

b) treaties and international agreements in force in the Principality.

c) The legal provisions.

d) The collective agreements in the spheres that determines the legal system.

e) regulatory provisions.

f) in the area of safety and health at work, to express a lack of regulation, have extra character to the provisions of the agreements approved by the International Labour Organization (ILO).

g) The willingness of the parties according to the employment contract, provided that its object is permissible and not established, to the detriment of the working person, conditions less favorable or contrary to the legal or regulatory provisions or collective agreements.

h.) the uses and customs professionals, they are only applicable in the absence of legal provisions, statutory, contractual or conventional. The Customs and uses professionals require always the test input.

2. The conflicts which may originate in two or more occupational standards, State or conventional, are resolved by means of the application of the provision most beneficial to the worker appreciated as a whole, and in annual calculation, with respect to the concepts that are quantifiable.

Article 4 General principles Both the employer and the employee must act in good faith in the execution of the contract and prevent any abuse of the right, antisocial behaviour or discrimination for reasons of birth, race, sex, sexual orientation, origin, religion, opinion or any other personal or social condition, as well as membership or non-membership in a Trade Union. Null the clauses which constitute an act of discrimination and any of the parties, individually or collectively, you can ask for the Declaration of invalidity to the courts.

The commandments of the code are imperatives and, unless a contrary indication, constitute a standard cannot be compulsory for workers and employers. In case of doubt, the interpretation and the application must be made in accordance with the principle in dubio pro operario.

Title II. Contract of employment chapter. General provisions Article 5 Definition is considered to be the employment contract the contract by which a person commits, verbally or in writing, to pay personally a work to another person's account, within their sphere of organisation and management, by means of a compensation of any nature, called salary.

Article 6 Classes of contracts according to the duration of the employment contract can be set: a) for indefinite or indeterminate b) for a period certain or specific c) for a work or a particular service) per season e) by intermittent contracts.

Article 7 jurisdiction and ordinary civil procedure jurisdiction is competent to understand the conflicts arising from the interpretation and the execution of the employment contracts in accordance with the legislation in force in the field of employment procedure.

Article 8 Prescription expiration and the actions arising from the contract of employment prescribed in any one year.

Exceptionally, the claim for compensation for dismissal has an expiration period of 60 days from the time when the person has a working knowledge of the dismissal, whether by written communication, either because he has prevented work or access to the site or for any other action of the employer indicated as well.

The claim for compensation for unilateral withdrawal of the working person has the expiration period of 30 days from the time when the employer has knowledge of unilateral withdrawal, either because it has received a written communication, whether for unjustified absence to work on the working person for at least three days in a row.

Second chapter. Subject of the contract Article 9 working Person is considered a worker the individual who is obliged to provide a service or carry out a work on behalf of the employer, within its scope of organization and/or under his leadership, in Exchange for remuneration.

It is considered also the worker member that provides a service or performs work on behalf of the society of which he is a member, under the direction of the corporate bodies, in Exchange for remuneration. However, it is not considered a worker if their participation in the share capital represents 50% or more of the same capital.

Article 10 the employer is considered to be an entrepreneur: a) All physical or legal person legally authorised to exercise an activity in the Principality, with or without profit, which perceives the work product of their employees, and to purchase and.

b) The companies of temporary work legally authorized although the direction of the work of exercising the usuary company.

c) for the purposes of the code, the real communities, associations, sports clubs or leisure or any natural or legal person who have salaried staff.

Article 11 transfer of company transfer, the transfer or change of ownership of a company involves the subrogation of the new employer in the ownership of the rights and obligations with the workers, which retain the same working conditions and seniority.

In the event of a transfer, assignment or change of ownership of the company, the transferor employer responds in solidarity with the assignee of the obligations with workers with employment contract prior to the transfer, arising from the relationship prior to the transfer.

Third chapter. The form of the Agreement Article 12 of the contract 1. The employment contract can be formalised in a way written or verbal. In the event that the contract has been concluded orally, either party may compel·lir the other to formalize it in writing.

2. The contracts that specifically determines this code and that, by the characteristics of the working day or for special types of


consideration, differ from the stipulated in general, must be formalized in writing.

3. verbal contracts are understood, unless proof to the contrary, to time indefinite.

4. The regulations contained in internal regulations of the company can only be alleged to the detriment of the working person if you had been given a copy of the regulations and if the working person, as a test of knowledge, returned a duplicate to the employer, with the express mention "Read the day...".

Article 13 plural Contracts the contract is formalised between the employer and employee each individually.

Work especially commissioned by the employer to a group or a group of workers creates a bilateral and individual employment relationship with each one of them.

The fourth chapter. Article 14 duration of the contract period the trial period must be agreed to in writing, both for contracts of indeterminate duration as determined by duration and, if it is planned, cannot be more than a month.

In the recruitment of managerial positions, and technical responsibility, in which the remuneration agreed is more than three times the minimum wage in force, the trial period agreed in writing may be up to three months. If the reward is more than five times the minimum wage, the trial period you can get up to six months.

The maximum time stipulated in this article for the duration of the trial period can be modified by collective agreement.

It is not possible to agree on a trial period if the worker had previously been hired by the company in a position similar to that of new contract within a period of less than 5 years.

The time worked during the trial period counted, to all intents and purposes, in the age of the working person in the company.

During the trial period, both the employee and the employer can terminate the contract at any time freely established.

Article 15 contract for certain duration or for work or particular service contract for a given duration or for a work or particular service must always be formalized in writing, and must indicate the subject-matter, which should be the realization of a work or provision of a given service, with autonomy and substantivitat own in the activity of the company. The contract must indicate the precise date expressly or the moment or the specific situation that determines the termination of the employment relationship.

If the contract does not set a date certain for the end of the employment relationship, must be notified in writing to the person working the end of the relationship with a minimum of 15 calendar days. The lack of this communication is equivalent to the resolution of the employment relationship by the employer's unilateral, that should satisfy the compensation corresponding to the working person, in accordance with article 98.2.

Article 16 Contracts, seasonal contracts for a season is an equal footing, for the purposes of the code, to contracts for a duration or work determined.

Article 17-intermittent Contracts Contract are understood to be discontinuous in indefinite contract that is arranged to carry out works which have the character of fixed-contract part and are repeated on certain dates within the normal volume of activity of the company. Intermittent contracts must be formalized in writing and must state the estimated duration of the activity and the manner and the order of the announcement, and also the working day and time distribution.

It is understood to call the communication directed to the working person to begin the cyclical activity in the provision of the service. Workers must be convened 15 days before the start of the work contracted and in order of most to least seniority within each professional category.

The working person called has to answer within 10 days;

otherwise, it is understood that give up the contract.

Article 18 interim interim contracts Contracts are those that are our to deal with cases such as the following:-replacement of a worker with the right to reserve the place to leave for maternity, paternity or adoption, risk during pregnancy, temporary disability, deprivation of liberty or leave of absence.

-Employment of a job pending final coverage by a process of selection.

The interim agreements must be formalized in writing, and must indicate the worker replaced, the cause of the replacement and the job that you have to deal with.

The interim agreement ends at the time when he joined the job the person replaced or the person selected.

Article 19 successive contracts for certain duration 1. It is understood that there is a succession of contracts when a contract and the other has not spent a term at least 60 calendar days.

2. In the case of succession of contracts, seniority, the right to holidays and all the other benefits that correspond to the worker will be calculated from the start of the first contract.

3. The succession of more than two contracts for a duration determined forbidden. In the case of new contracts, that is to say, in the case of a third party contract, this contract is indefinite and will be deemed, for all purposes, that the date of commencement of the employment relationship is to the start of the first contract.

4. The provisions contained in the preceding paragraphs are not applicable to the companies of temporary work.

Article 20 contracts for works of short duration 1. The recruitment of workers to activities of short duration, which in any case may not exceed 15 calendar days, must be formalized in writing and must be declared to the Caixa Andorrana de Seguretat Social within a maximum period of 48 hours following recruitment. In the case of hiring foreign workers, you must declare it to the Immigration Service before the start of the employment relationship.

2. Are workers hired for activities of short duration have the same rights and the same obligations as the permanent workers.

Chapter five. Work of children under Article 21 Work of minors without exception whatsoever, forbidden to contract and the provision of any paid work or free, of children under 14 years.

The minors who are 14 or 15 years may not exercise any work during the school period. They can work during the school holiday periods, up to a maximum of two months per year, provided that in the case of light work and which are not harmful to their physical or moral development, but should be made at least 15 calendar days and a row of


summer vacation, holiday and school half the time in the other periods.

Without prejudice to the provisions of the previous section, minors who are 14 and 15 years old may perform a job learning within the framework of a program of socio-educational training, integrated in the calendar and school hours and supervised by the competent ministries in the field of education and welfare, to the end of compulsory schooling.

Minors who are 16 or 17 years old may exercise works appropriate to their age, light character, and which are not harmful to their physical or moral development.

For the purpose of this article is meant for light work or light of all works that by reason of the very nature of the tasks they involve and the conditions in which they have to make: in) cannot harm the safety, health or development of children.

b) does not affect the school often, their participation in orientation or professional training or skills to take advantage of the education they receive.

Article 22 working minors who are 14 or 15 years may not work more than 6 hours per day, with an interruption of at least an hour a day and a weekly rest period of at least two consecutive days.

Minors who are 16 or 17 years may not work more than 8 hours a day, with an interruption of at least an hour a day and a weekly rest period of at least two consecutive days.

In all cases between day and workday minors must have a minimum break of at least 12 consecutive hours.

Article 23 of the agreement 1. Under the contract, duly established in a form that facilitates the inspection service, the sign the employer and the legal representative of the minor, or the same minor, if emancipat, and presented to the inspection service for approval together with the following documents: a) evidencing the identity and age of the minor.

b) the medical certificate, except in the case of works of children schooled in Andorra, delivered by a physician of the Principality, proving that the child does not have any disease that ill-advised work.

c) in the case of foreign minors, the permission of immigration of the minor and his legal representative.

2. The child under 18 years of age must undergo a medical examination with a minimum annual frequency. The employer must keep archived medical certificates, at the disposal of the labour authority that requests for a period of three years.

Article 24 Works banned and exceptions 1. Forbidden to under 18 years to work through the night, with the exception of jobs that traditionally take place at night, which are governed by the provisions relating to the learning contract.

For the purposes of that prescribed this article, it is understood by night the period between 22 hours and 8 hours of the next day.

2. In any case, it is absolutely prohibited, without exception, that children under the age of 18 to work in overtime.

3. Are prohibited to minors of 18 years the work dangerous. Are considered dangerous and are prohibited to minors of 18 years the works: a) that exceed their physical or psychological capacities objectively.

b) That present risks of accident that will consider that they cannot identify or prevented by the lack of awareness regarding the safety or lack of experience or training of young people.

c) that may involve a harmful toxic agents, carcinogenic, which produce hereditary genetic alterations, with tragic effects to the fetus during pregnancy or to have any detrimental effect or chronic for the human being.

d) that may involve a harmful exposure to radiation.

e) That endanger their health by exposing them to extreme heat or cold, to loud noises or vibrations.

f) in general, the procedures and work involving specific risks to the safety, health and development, arising from the lack of experience, of the unconsciousness in front of the existing or virtual risks, or the development still incomplete of the young. Will consider procedures and work that may lead to specific risks:-the ones that involve a physical, biological and chemical agents harmful exposure.

-The manufacture and handling of explosives, compressed gases, dissolved or liquid--, containers that contain toxic chemical agents, corrosive or explosive.

-Which involve relationship with animal enclosures fierce or poisonous and with the sacrifice of animals.

-The work to a certain height or that involve risks of demolition or high voltage electrical work or those who have a rate of work conditioning by machines or are paid on the result.

4. the exception from the prohibition are learning contracts in cases in which the activity or work is indispensable for the acquisition of knowledge or the specific training of a trade or profession and that, under special surveillance of the company with regard to safety and health, the child learn, in addition to the knowledge of the trade or profession, to identify the risks and to take preventive measures.

Chapter six. Special contracts Section first. Learning contract Article 25 learning Contract is meant by learning contract the contract by means of which the employer is obliged to teach technical and practice a profession or a job in a minor or major disability, using at the same time the work of the apprentice, who must repay, and taking special care of this in the choice of the tasks assigned to it so that they can be carried out with total security.

The rules of this title shall apply to contracts that are not regulated by a specific law.

Article 26 duration of the contract the contract is formalised learning for a specific duration may not be less than six months nor exceed two years. The competent service of the Government can be so motivated, authorized learning contracts for a duration less than or greater than.

The contract extends for the duration agreed even if the minor reaches the age of majority, unless this chooses to resolve it by means of a notice with a minimum of 15 days.

Article 27 Form of learning the learning, established in an official printed facilitated by the inspection service, the sign of the employer and the legal representative of the learner, or the same learning if you're ability to sign it, and is presented in


Labour Inspection Service to be approved, along with the proof of the following circumstances: 1. The identity and age of the person learning.

2. The medical certificate delivered by a physician in the Principality, stating that the person learning does not have any disease that ill-advised projected learning.

3. In the case of foreigners, the authorization of immigration of the learner and, if it is lower or greater disability emancipat not of his legal representative.

4. The name and professional qualification of the responsible for the security and the practical training of the person learning.

Article 28 provision of employer 1. The employer is obliged to reward the learner with a salary that can not be less than the minimum wage that would correspond in accordance with their age, reduced up to a maximum of 40 percent in the first six months of learning, of 30 percent during the second half, to 20 per cent during the third semester and of 10 percent in the fourth semester.

2. Ultra General obligations contained in this code, the employer must take care of the apprentice and in particular: to) provide, in the best conditions, technical or practical teachings of his trade, their industry or activity.

b) Instruct him on aspects related to the discipline of the company making the necessary recommendations and, in the event of serious, responsible for immediately notifying legal, if you are a minor or major emancipat not disability.

c) Extreme caution with regard to the safety and health of the learner, always seeking the execution of the tasks particularly dangerous within the work does not take on the apprentice, but a qualified operator.

d) Appoint a person responsible for the security and practical training for each apprentice.

e) grant the apprentice the permissions necessary for theoretical training paid, in accordance with the training plans set out by the Government.

Article 29 verification and Authorization of the contractual conditions 1. To determine the source of the contract of apprenticeship, the inspection service has to examine the type of trade, industry or development activity, the conditions offered to the learner, and the means available to the employer to teach technically and practically the apprentice.

The denial must be motivated and has the consideration of administrative act.

2. The inspection service or the relevant training bodies to do the inspections they deem appropriate to the places where they work trainees, to check the activity of the apprentice and observe the structures that the employer puts at your disposal in accordance with the trade, industry or the activity in question and, in general, in order to check the compliance with the regulations in force.

Article 30 learning Certificate 1. At the end of the period of apprenticeship, the employer must submit to the trainee a certificate of their learning in which they must make mention of the duration of learning and their ability to develop the trade, industry or activity.

2. The Government must deliver the certificates of the follow up of the theoretical courses which have assisted the apprentice, according to training plans set out by the Government.

Second section. Integration agreements Article 31 Contracts in special conditions The inspection service may authorize a contract of social integration in special conditions for users of the programs of social integration of the Government and other entities that have signed the corresponding agreement with the Government, with the aim of promoting the integration in the workplace, through orientation, training, follow-up and support, with the prior agreement of the National Commission of Appraisal (Conava) , where appropriate, and of the directors of the fingers programs, which fix the contents and conditions of the employment relationship for each case.

The third section. Work in internships internships work Article 32 1. In order to formalize the contract in training practices, it is necessary that the following requirements are met: a) the student is enrolled in a school with a curriculum that includes theoretical training and practice in the company.

b) that place of work allows the student to obtain the proper professional practice in the curriculum of the training run.

c) That which fills the student any place of work in the company and has a tutor for company.

2. The internships take place in the following conditions: a) The Andorran students or foreigners legally residing in the Principality enrolled in educational institutions authorised by the Government, or foreign schools settle outside the Principality officially recognized as a formal training centres, they can work within a company or public entity in order to comply with the practical training required in the curriculum;

This training may not have a duration more than 60% of total training and the work is not paid unless you set the regulatory regulations that stipulate the Government according to the curriculum of each training.

b) The regulation should take into account the taking in charge of insurance when it's needed, so always and in any case the student in educational practices will be covered in the event of illness or accident, civil liability and, if appropriate, an insurance policy to cover the risks inherent and specific to the work in practice.

3. In the event of hazardous works, should be appoint a person in charge of the security of the student in accordance with the provisions of article 24, paragraph 4.

4. The formalization of the contract and the documentation necessary for the realization of the practical work is carried out in accordance with the current statutory regulations.

5. Are excluded from the regulation of the contract in training practices to the contracts of foreign students that made the practices in Andorra under swap agreements signed training and supervised by the Ministry responsible for education, and foreign official institutions, which are governed by the relevant agreement.

Section four. Agriculture and livestock Farmers and agricultural workers, and Article 33 relations with farmers that involve the execution of work under the command and direction of the owner of the houses and Lands, as well as the relationship with the police and other agricultural workers, will have to hold, with regard to opening hours and other working conditions, in this code.

Chapter seven. Suspension of the employment contract Article 34


Suspension of the employment relationship 1. The suspension of the employment contract, in cases stipulated by this code, entitles the worker to absence from work, without perceiving the salary, and to go back to the same place of work in the company, at the end of the period of suspension.

The employment contract is on hold for the following reasons: a) temporary disability of the working person.

b) leave for maternity, paternity or adoption.

c) Rest for risk during pregnancy.

d) in the event that the worker is obliged to leave temporarily his place of work as a result of being the victim of gender violence.

e) deprivation of liberty.

f) Absence.

g) force majeure, fortuitous and temporary.

h) suspension of salary and employment for disciplinary reasons.

2. At the end of the period of suspension of the contract, the working person has the right to rejoin at the same place of work in the company, unless expressly stated otherwise.

Article 35 temporary disability The employment contract is on hold while the person is working in a situation of sick leave, whether due to illness, either because of work-related accident.

The period of suspension for temporary total disability will always counted for the purposes of calculation of seniority in the company and, for the purposes of merit holiday, will be counted in the following way: a) in the case of sick leave due to work-related accident, will be counted all the time.

b) in the case of sick leave due to illness, is not computing any period of sick leave that exceeds four months in a natural annuity.

Article 36 maternity leave 1. The employment relationship is suspended for 16 weeks due to maternity leave. In the event of a multiple birth, the period is extended in two weeks for each child.

2. This period of maternity leave can begin on mom's choice, from the same date of birth or during the four weeks immediately prior to that date. However, if, during the four weeks immediately prior to the date of birth the mother I had to do for prescription, it begins to count the period of maternity leave from the date of birth, and the last time will be counted as low by illness. In the case of premature birth, the period between the effective part and the date initially scheduled for part will be counted as low by illness.

3. From the sixth week to count the date of birth, or the date on which it would have had to take place, in case of premature birth, the father can, if they so choose the parents, substitute mother and enjoy the rest of the maternity leave of which you can enjoy the mother, continuously.

4. In this case, before the start of the period of maternity leave or during the month following the date of birth, both the mother and the father must be notified in writing, to the Caixa Andorrana de Seguretat Social and companies where they work, this provision, which only can be done effectively with medical certification that the reinstatement of the mother to her job does not involve any hazard or risk to your health.

5. in case of death of the mother, the father automatically and without any prior notice, you can make use of the whole or part of the remaining period of maternity leave.

6. The period of suspension to motherhood and to compute the calculation of seniority in the company.

Article 37 leave for adoption 1. The employment relationship remains on hold for 16 uninterrupted weeks due to adoption, and in the case of multiple adoption, the period is extended two more weeks for each child adopted.

2. Can enjoy this rest period, either the father or the adoptive mother, simultaneously or successively, in uninterrupted periods and without that the total duration of rest period may exceed the period envisaged.

3. Before you start the adoption leave period, both the mother and the father, adoptive parents must be notified in writing how they will distribute the rest period for adoption at the Caixa Andorrana de Seguretat Social and companies where they work.

4. The rest period for adoption apply to all cases of adoptions, both national and international, except if the adopted is the son of one of the adoptive parents.

5. The rest period for adoption will start to count: a) in the case of a national adoption, from the date of notification of the sentence of the judge who pronounced the preadopció, or, if this is the case, the direct adoption.

b) in the case of an international adoption, from the date of notification of the official document that pronounce the adoption by the competent authority of the country of origin of the adopted.

6. The period of suspension for taking computing to the effect of holidays and the calculation of seniority in the company.

Article 38 paternity leave 1. The employment relationship is suspended for two weeks because of paternity. This rest period, which may be by birth or adoption, you can just enjoy it the father.

2. Before the beginning of the period of paternity, the father must be notified in writing to the company which provides services in the period in which you want to make use of this right. The company must notify the Caixa Andorrana de Seguretat Social which the insured wants to make use of this right.

3. The period of paternity leave can enjoy, to the choice of the father, or from the day following the end of the period of three days is regulated in article 72 or from the time when the period for adoption begins to count, or from the day following that on which the mother has completed his period of maternity leave.

4. The period of paternity counted for the purpose of vacation and the calculation of seniority in the company.

Article 39 leave for risk during pregnancy 1. The employment relationship remains on hold in case the pregnant worker is in a situation of low risk medical, duly accredited, during pregnancy.

2. Can enjoy this sick workers that can accommodate to the paragraph 3 of article 31, protection of motherhood, of the law on safety and health at work.

3. The rest period for risk during pregnancy includes the entire period necessary in order to protect its safety and health and while persist the inability to go back to your previous job or another site compatible with her condition.

4. The period of suspension for risk during pregnancy counted for the purpose of vacation and the calculation of seniority in the company.

Article 40


Decision of the worker is a victim of gender-based violence 1. The employment relationship remains on hold up to a maximum of three months in the event that the worker is a victim of gender-based violence. This period may be extended by decision of the competent judicial authority.

2. The worker must report within a period of three calendar days to the employer, either directly or by person interposed, their absence at work due to being a victim of gender-based violence.

3. The employer may request the justification of this situation through the provision of the documents to be determined by the regulations.

4. This period of suspension counted for the purpose of vacation and the calculation of seniority in the company.

Article 41 deprivation of liberty the employment relationship remains on hold in case the working person is deprived of liberty until you request a damning ruling firm.

The worker must report within a period of three calendar days to the employer, either directly or by person interposed, their absence at work due to detention.

The suspension period is not counted for the purposes of holidays and the calculation of seniority in the company.

Article 42 leave of absence 1. Unpaid leave to care for a child or foster care The working person to do more than two years who is in the service of the company has the right to request and obtain a leave of absence because of the birth, adoption of a child or because of foster care. The employer is obliged to grant leave for a minimum of three months and a maximum of one year.

This absence is equates to the suspension referred to in article 34, to the effect of the reincorporation.

The notification must be done within the six months before or after the birth, adoption or foster care, with a notice with a minimum of a month.

You do not need the prior notice in the event that, for the death of the spouse, the working person has to take care of the child born, adopted or fostered.

The period of leave is not counted for the purposes of holidays and the calculation of seniority in the company.

2. Leave of absence may also be agreed agree by mutual agreement of absence for other reasons.

In these cases the time of absence, the effects in relation to the holidays and the calculation of seniority must be fixed in writing.

Article 43 fortuitous and temporary force majeure 1. The employment contract is on hold when it imposes a reason of fortuitous or force majeure that disable temporarily a continuation of the activity of the company for a period exceeding 48 hours and less than three months with the agreement of the Department of labour.

2. For the purposes of this code is meant by fortuitous and force majeure the unexpected obstacle or predictable but inevitable, despite having acted with due diligence.

3. the company, within a maximum period of 3 working days from the moment you start, you must notify the Department of labour of the suspension of the contract by reason of fortuitous or force majeure. The Department of labour, within a period of five working days, must pass judgement about the provenance or inadmissibility of the measure. Against the decision of the Department of labour can interpose before the Government, in accordance with the provisions set out in the code of the administration.

4. The period of suspension is not counted for the purposes of holidays.

Eighth chapter. Provision of work Article 44 General provisions the purpose of the work may consist of the performance of a task within a fixed schedule or in the execution of a work or specific service, and may not be contrary to the public order.

Both the employer and the worker must observe the provisions of safety and health at work, of immigration, when the case may be, and have to compensate themselves each other for damages which cause voluntarily or by recklessness in the amounts established by the relevant jurisdiction.

Chapter nine. Provision of the working person Section first. General provisions Article 45 of the working person in the execution of the contract, the working person has the right to develop his work in equal conditions in respect of the other workers without suffering any kind of discrimination, to work with due to hygiene and safety measures for their life and their physical and moral integrity, to the promotion at work in the training, to dignity, to privacy, to join a trade union or a professional association or not to do so, to defend their economic and social interests in a way that applying the laws, and the salary and other benefits established by this code.

Article 46 obedience and diligence The working person has to provide its services working in accordance with the instructions given by the company or its representatives and with due diligence.

The working person can refuse to execute the orders given by the company when they are contrary to the law, when they constitute a breach of health and safety measures at work and when i mean an exhibition in a higher risk that is inherent in the exercise of their profession.

Article 47 Permanence to training 1. In the event that the company give an education to the working person, it can be agreed expressly the obligation to remain in the company for a certain period of time, once acquired the training and/or passed the test proves it. This time period may not exceed two years.

2. The compensation for the breach of the obligation of permanence should agree to be expressly provided by written, cannot be greater than the amount of the costs of training, and must provide a proportional gradation of the sanction in accordance with the period of permanence.

3. This article is expressly excludes the compulsory training received by workers in the field of safety and the prevention of occupational hazards, in application of the provisions of the law on safety and health at work.

4. It is understood for training expenses, for the purposes of the provisions of the present article, the cost of the training courses, diets, overnight stays, travel and the cost of the hours of labour and training schedule per outside who have been paid as ordinary hours of work.

5. If the working person violates the obligation of permanence agreed, the company can discount the quitança the amount resulting from applying the proportional gradation.

Article 48 prohibition of competition during the execution of the contract, the person must keep worker loyalty to the company and not compete neither directly nor working for another company


of the same branch of activity, except for express authorization.

When the benefit of the person consists of working tasks of direction and organization or others that by their nature involve the acquisition of knowledge and the subsequent application of which can lead to a damage to the company, can be agreed at the time of formalising the contract or at a later time, always in writing, the non-competition of the working person, once the employment relationship , up to a maximum period of three years by paying the premium of non-competition or agreeing to a deal that will have to meet after the deadline of non-competition set.

In the event of non-compliance of the working person, the company may claim the proportional amount of the premium received improperly. This obligation, however, is not applicable in the case of contracts that are resolved for reasons attributable to the company.

Article 49 exclusive Work can negotiate the exclusive dedication to the company, during the employment relationship, with ban that the working person to work for another company or independently. In this case you have to state the appropriate financial compensation that is agreed by the exclusivity, saying that as a premium for exclusivity, is considered wages.

Article 50 professional classification system and professional category of workers 1. The professional classification system is fixed by collective agreement in the industry or the company. A lack of agreement on internal rules of the company can set up a system of professional classification.

2. The contract determines the professional category of the worker. The working person has to carry out its work in accordance with the working class and the professional category for which he has been hired. To lack of express definition of the class or category of work, taking into account the work done to date by the working person.

3. you may not change the kind of work without the express consent of the individual worker, except in extraordinary circumstances or emergencies.

4. The change in the professional category in the enterprise, within the same class, which contains a variation of salary cannot be performed to the detriment of the working person without your express agreement.

5. Is NULL the Covenant by means of which the working person accepts in advance the future change and unilateral or with reduced wages.

Article 51 work place unless express written agreement, the place of the benefit is fixed, except in the contracts the nature of which requires the provision of the service in different places Alternatively or successively, and also in the case of transfer of the service or of the industry to another local.

Article 52 health and safety in the workplace 1. The working person has the right to an effective protection in the field of safety and health at work and, together, have the obligation to perform its task in accordance with the current legislation on the matter.

2. The breach of the obligations in the area of prevention of risks on the part of the working person has the consideration of non-compliance in the workplace of a mild, serious or very serious, according to the circumstances, for the purposes provided for in title III.

3. serious breach, or slight but reiterated, on the part of the company of its obligations to ensure the safety and health of the working person, in accordance with the regulations in force on the matter, can lead to the dropping of the justified the working person provided for in article 97.

Article 53 service inventions Inventions made by the working person in fulfillment of his contract belongs to the company, but if the personal contribution to the invention and its importance exceed implicit or explicit content of the contract, the person [1] worker is entitled to a supplementary bonus. The exploitation of inventions obtained by workers thanks to the knowledge acquired in the company or through the use of technology of the company may be appropriate for the employer, who must be gratifying the working person with a fair economic compensation is fixed taking into account the importance of the invention and the means and the knowledge provided by the company and the contributions of the working person.

The aforementioned bonus is considered salary and must declare to the Caixa Andorrana de Seguretat Social.

Other inventions are the property of the individual worker. It is assumed that the rights of exploitation of a literary, artistic or scientific works created by employees during the employment relationship and by virtue of the employment relationship will be give to the employer unless express agreement. The moral or personal rights are intransmissibles.

Second section. The time of the provision in Article 54 working time cash 1. The duration of the work is understood to have effective work, excluding the time spent in the changes of clothing and interruptions for the rest or meal, when the working person has no obligation to remain in the workplace and can dispose of time for this purpose. The occasional disruptions related to the production, technical process, are considered to be effective work.

2. The time of presence that involves the obligation of the individual worker to remain in the workplace, although assignment does not perform any tasks, will be counted as working time cash.

Article 55 working time at the disposal of the company 1. The time spent by the person working outside the work place at the disposal of the company either by duty, either through another system, it is not considered effective working time for the purposes of calculating the day of work.

2. The time of disposition must be expressly agreed, in writing, in the contract and will purchase with a premium that in no case may not be less than 25% of the fixed salary, salary for the day of work. This bonus of time at the disposal of the company has, to all intents and purposes, the consideration of variable salary.

3. The time effectively worked during the period of work at the disposal of the enterprise computing for all purposes as a legal day's work.

Article 56 journeys, journeys made because of work during the working day will be calculated as an effective work.

All transfers are done during the working day must be made with the vehicle of the company, and if you make with the vehicle of the working person, the employer must satisfy the offsets that have been agreed.


Unless stipulated in the contract or that is usual in the class of work, the time spent commuting from home to the place of work is not considered effective work.

Article 57 the working day 1. Ordinary legal day in all public or private companies, whether they are of the nature that may be, the ordinary legal day for salaried workers is 40 hours a week of work effective.

Always and in any case, the regime of the day ordinary legal work is understood without prejudice to any more favourable day for the working person, which could be established by legal provision or by agreement between the company and the working person.

The company may order changes to the work schedule, for technical, organizational or production with a prior notice of fifteen days.

2. Exclusions Are excluded from full-time legal provisions, of the special days in annual calculation of article 58, of the obligations of control that article 63 and the regime of daily rest of article 64: a) the directors or managers, and in general, the positions of trust companies, which by the nature of their work may be subject to a strict limitation of the working day. Have to respect, however, the weekly minimum of one full day.

It is understood by executives or powers exercised by the trust decision makers in the field of filled the specific business activity that he entrusts a work place characterized by the freedom of action, the full responsibility and remuneration.

b) employees in domestic service, the security guards at night and the service of goal when they have established domicile in the same place, which must be respected, but the weekly minimum of one full day.

Article 58 Calculation quarterly, six-monthly or annual communication of the working day 1. In the event that the nature of the work or the sector of economic activity does not allow an even distribution of the day, the weekly time distribution can be varied, for collective agreement of company or sector. In this case, the calculation is done quarterly, six-monthly or annual meeting of the ordinary work day.

2. The application of the ordinary legal Conference in calculating quarterly, six-monthly or annual communication requires that the average calculated over this period will not overshoot the 40 hours weekly maximum duration, which the ordinary daily not more than 12 hours, the maximum number of hours worked during the week do not overshoot the 60 hours, which will respect the daily rest of 12 hours between conferences and there is at least one full day of weekly rest.

3. The irregular distribution of the working day by the calculation of the day requires scheduled planning working time and rest time and of compensation for the overtime hours that have been worked in the periods of maximum activity, through the pre-planning of compensatory rest time in the weeks or days that are expected that will diminish the activity of the company , so that, at the end of the quarter, semester or year, the average number of hours worked by any wage is the same than those that are required in the ordinary legal day of 40 hours a week and, together, will facilitate the reconciliation of work and family life.

4. The working person has the right to receive monthly fixed salary agreed.

5. Any modification of the planned time schedule must communicate with a minimum anticipation of eight calendar days, in accordance with the provisions of article 63.

6. in addition to the planning, the application of the calculation of the working day requires a control of the time actually worked and the compensatory rest enjoyed by each of workers, by means of the annotation, updated monthly, on the account of staff hours provided for in article 63.

In the account of monthly hours they have to score and update: in the negative carry, the hours in which they reduce the weekly Conference that are deemed to be hours due to the working person, and in the positive carry, the hours in which they extend the work day. Wipe off the excess hours worked the hours due, if any. If there are, or if you already have been compensated, the more hours worked are considered to be due by the company.

7. If at the time of the end of the reference period in which they made the calculation or in the event of termination of the employment relationship the person has a negative carry on working hours, that is to say, ten hours, the company can accumulate to the next period or, in case of termination of the employment relationship, deducting them from the quitança, except if the employment relationship is terminated by the employee.

8. If the person is working with a positive carry at the time of the termination of the employment relationship, the more than hours that exceed the ordinary day will reciprocate as overtime, dividing the retribuint by more than one-third and every third with the corresponding increase in accordance with the provisions of article 63.

9. In the periods in which the employment contract is on hold will be counted the day ordinary legal 40 hours a week.

10. In annual calculation, the maximum duration of the working day is one thousand eight hundred hours. The annual Conference is adjusted by increasing or decreasing depending on the working hours that are required in the ordinary legal day as appropriate the holidays compulsory paid and recoverable not working calendar in force and always respecting the rules and the legal limits on working time and rest.

11. The annual calculation is set taking as long as a base for the calendar year. In labour relations that does not totalitzin an entire calendar year, to set the number of hours required in legal Conference taking into account the average of the day required legal during the corresponding period worked.

12. Excepts of the day daily maximum regime established in section 2 workers of the Andorran health care Service and the Andorran Red Cross.

Article 59 weather 1. The company can set the suspension of the contract for the activities that cannot be developed on time due to inclement weather and pay the workers affected the total wages for the hours lost for this reason, which can be recovered by delivering them from the days of the weeks following, within a maximum period of three months.

In any case, for the recovery cannot spend more than an hour per day, and in


total cannot exceed 45 hours per week. The hours that exceed the 45th weekly time are paid as overtime.

To be entitled to the payment of wages, workers must be present in the workplace in the hours set at the beginning of the working day, except if the company indicates otherwise by means of a written communication.

2. Notwithstanding the provisions of the preceding paragraph, if the company has other work centres or other jobs in the same centre not affected by the atmospheric weather cannot establish the suspension of the contract and, while the situation, you can: a) Move workers who cannot carry out their activities to other work centers.

b) entrusted with other activities that do not have been affected by inclement weather in the same workplace or in another workplace, even if they have to do jobs other than the usual.

3. It is not considered to be included in this article the suspensions of jobs indefinitely caused by climatic circumstances that impede the realization of works in certain areas during specific periods of the year.

Article 60 part-time employment contract is the contract of part-time work must be formalized in writing, and shall fix the days and the hours in which the individual worker must provide its services.

It is considered null all Covenant in which the working person to accept at the time of the signing of the contract, any unilateral change in the timetable for part of the company.

Article 61 overtime workers over the age of 18 years and the company can agree on the work on overtime hours up to a maximum of 2 hours, 15 hours in a week, 50 hours in a month and 426 hours in a year when any of the following circumstances: a) when there is lack of sufficient personnel in the company to make sure turns with the ordinary legal day.

b) in the case of a temporary increase in business activity due to the market situation.

c) In extraordinary circumstances or of force majeure.

Remaining overtime work is prohibited for children under 18 and to pregnant women or during the period of lactation.

The initiative of the overtime work corresponds to the company, and the free acceptance or rejection, except for extraordinary circumstances or force majeure, the working person.

Is null the Pact that involves the resignation of the person working on your right to accept or refuse the provision of overtime hours.

Article 62 calculation of overtime 1. The calculation of overtime is done based on the ordinary legal day of 40 hours a week. In the part-time work contracts is taken as a basis contractually fixed day.

2. each special time worked to the working person to an increase in the base salary that is determined by collective agreement. To lack of collective agreement, will be settled as follows: a) the first four hours of overtime a week must be paid with an increase which may not be less than 25 percent of the salary schedule.

b) the four following weekly overtime must be paid with an increase which may not be less than 50 percent of the salary schedule.

c) overtime that exceed the eight hours a week must be paid with an increase which may not be less than 75 percent of the salary schedule.

The company, with the prior agreement of the working person, it may not meet in cash the amount of overtime and compensate them with hours of holiday time, with the same increments, within three months.

3. In the event that the contract is established based on the special day for annual calculation, overtime carried out at the end of period retribueixen in accordance with the collective agreement. To lack of collective agreement, are divided into three parts and meet with an increase that, at least, should be a 25 per cent the first third, 50 percent the second third and 75 percent in the last third.

Article 63 time Planning and account of hours 1. All companies should be in a visible place for the work plan schedule of each shift or each service, which sets the hours of work that must be done and the time of rest or meals, and an account of hours, which includes overtime and public holidays the working calendar worked, holidays made justified and non-justified absences, and the lack of punctuality at work. In the event of application of a computation schedule in article 58, the companies have to expose in a visible place the plan schedule and score the practiced in the account of hours.

2. Employees need to sign at least once a month the account of hours as a sign of conformity, and must be informed clearly and with a minimum of eight calendar days in advance, except in cases of modification of turns because of workers or other causes of force majeure, any modification of schedules, so that they respect their private and family life.

3. Are excluded from the obligations established in this article the domestic service, the service of goal with residence in the same building and the work of the agricultural and livestock sector to be formalized in writing.

The third section. 64 Article daily Rest break In the daily sessions over 6 hours, the hard-working person has the right to an interruption or a break of a minimum of half an hour.

Between two successive working days you should have a break of at least 12 hours.

Article 65 weekly rest 1. The working person is entitled, as a minimum, and in all cases, to a full day of weekly rest, which is compulsory and indispensable.

2. The weekly rest period is fixed and can only be modified by agreement between the parties, or for reasons of force majeure or exceptionally extraordinary, for reasons of organization of the company, warning with a minimum of three months as long as they do not occur more than two changes per year.

Article 66 the Labour Party workers are entitled to holidays in the calendar in the workplace properly remunerated, in accordance with the provisions in force at any given time and the uses and customs of each sector.

Ultra the days mentioned, by agreement between the parties, in the case that there are one or two working days between holidays, the digits may be considered days as public holidays, and


the worker has to recover the working time with the corresponding extension of opening hours later or earlier day. In any case, for the recovery has to respect the mandatory weekly day of rest and maximum work duration ordinary daily may not exceed 10 hours.

In the case of work in different places, alternative or successive, corresponds to the company to fix the parish holidays that can make the working person, taking into account the Head Office of the company or the place of work of the working person.

In any case, the total annual parish holidays may not be less than the minimum number of holidays prescribed by the common where she has been with the company.

Section four. Article 67 right to paid annual holidays holiday everyone sector has the right to a paid annual vacation.

Article 68 mandatory holidays except in the event of termination of the employment relationship, in which case they have to meet with the quitança, the effective realization of the holidays is mandatory, and you can not give up.

Article 69 Time of compulsory paid vacation enjoyment are a minimum of 30 days per year, or a lower number of days corresponding to the shortest time of employment relationship with the company.

The holiday period should start on a day that is working for the working person and, as of this date, will count as vacation days all the days of the holiday period taken.

Article 70 of the Determination period 1. The annual holiday period is fixed by collective agreement or by agreement between the individual worker and the company. A lack of agreement or agreement, corresponds to the company set the annual holiday period, in accordance with the needs and the Organization of the company.

2. By collective agreement or by agreement between the company and the working person, the holidays can be divided up. In any case, the partial payments cannot exceed half of the holidays that correspond to the working person, so that the other half continuously.

3. The holiday period which corresponds to each worker must enrol in the plan schedule with a minimum of 45 days. The period set for the holidays may not be modified except by agreement between the individual worker and the company.

4. The holidays must be made within the calendar year or, exceptionally, during the first quarter of the following year.

5. In the given duration contracts led to campaigns or fixed and seasonal part-time workers up to six months, it can be concluded that the holidays will retribuiran in the quitança at the time of the termination of the employment relationship.

6. When the person has not yet working to carry out the full range of vacation days in the time when the company closes with this end, day made not holiday correspond are considered a credit for future work. In the event that the employment relationship is resolved, the company has the right to discount the quitança the days of paid vacation for more.

7. In the event that the contract was suspended for sick leave for all or part of the period of enjoyment of the holidays, the company has moved the holiday period not enjoyed at another time when the working person is high.

8. In the event that the contract was suspended for maternity, paternity or adoption during all or part of the period of enjoyment of the holidays, the company has moved the holiday period not enjoyed in another in which the working person is high, although it has sold out the calendar year or the first quarter of the next year than the amount.

Article 71 reward of the holidays for the reward of the holidays will take into account the fixed salary and variable according to the provisions of article 82.

Article 72 paid Permits The working person has the right to absence from the workplace, receive the entire base salary, for the causes and in the following terms: in) during the nine months following the date of the parent who feed your child is allowed to absence from work for this purpose for two hours a day that can be divided into two periods of an hour each, or , on demand of the person can be working in a row in the event that there are reasons that justify it. In the case of twin sons, the disruption is three hours.

b) ten days in the case of marriage, which should be notified 45 days in advance; three calendar days in the case of death of the spouse, of ancestors, descendants or relatives up to the second degree, both own and spouse; three calendar days in case the zhaos ' wife or of adoption; two days in the event of serious illness of the spouse, of ancestors, descendants or relatives up to the second degree.

c) a day in the event of a change of address, within a calendar year.

of) the time required for the working person can fulfill the civic or social obligations imposed by law or recognized by custom.

e) Six days or twelve half days within a calendar year because the working person can attend the examinations or tests that have been carried out for reasons of training related to the job. In this case the absence must be notified with a minimum of one week.

In the cases included in the sections a), b) and e), the company may require a certificate attesting to the corresponding.

Article 73 the person unpaid worker Permits has the right to absence from work, without registering, however, the salary, and we should report prior to the company, for the causes and in the following terms: a) Five additional calendar days in the case of marriage, which should be notified 45 days in advance; two additional calendar days in the case of death of the spouse, of ancestors, descendants or relatives up to the second degree, or the zhaos ' wife; two additional calendar days in the event of serious illness of the spouse, of ancestors, descendants or relatives up to the second degree.

b) two days or four half days within a calendar year to personal issues. In this case the absence must be notified with a minimum of one week.

c) Four days or eight half days within a calendar year to attend the exams or tests that the working person has to perform for your training. In this case the absence must be notified with a minimum of one week and the company may require a certificate attesting to the corresponding.

Tenth chapter. Provision of company first section. General provisions


Article 74 the company providing the company is obliged to pay on time the salary, to give effective employment to workers in the terms, the site and the agreed time, to refrain from saying anything or do any act that offended the dignity of the workers or that obstructs the free development of his personality, to comply with the rules governing immigration and health and safety measures in the relevant work , and in any case, the measures established by the ILO.

At the time of the salary, to give instructions, organize the work or provide the workers the necessary means for the development of the task, the company must respect the principles of equality and non-discrimination and to provide all workers the right material for the task they have to do.

The company has a special duty of protection and must have knowledge of the site and of the conditions of work, and ensure that the work is carried out safely for the workers and train them on the security standards that must be respected.

Article 75 power steering the employer has the right to organize the work in the company, dictating the necessary internal regulations and orders or the appropriate instructions to the workers and they must always be made in accordance with the principles of equal treatment, prohibition of arbitrariness and of non-discrimination.

In the works, the company must make sure that the working person knows the risk existing in their work and to assign tasks, taking into account their age and their qualities as well as their physical and mental capacity to develop them without danger to their health or integrity, of other workers or of third parties. This precept has been observed especially in the case of pregnant workers or in the period of lactation. The work of these workers is subject, in addition to the effect that, in order to develop dangerous works established in article 24.3 for children under the age of 18 and must be adapted to their State in accordance with the provisions of the law on safety and health at work.

If, by its nature, the work has not been run in different places, alternative or successive, the company has the right to change the working person of place of work for reasons of organization, or for lack of personnel, provided that the change of site does not affect the dignity of the person or worker would lead to a significant reduction of their responsibility or of the position he holds in the company. The change of place of work can lead to a wage reduction, unless there is an express agreement with the individual worker.

Second section. 76 Article wage Salary 1. It is considered salary remuneration that the company delivered to the wage earning person as consideration of its services. They also have the consideration of salary supplements, bonuses, the bonuses and other remuneration in kind, with the exception of the liberalitats of the company.

2. The overall salary is composed of the fixed salary and variable salary.

3. Do not have the consideration of salary tips or bonuses from the company to the employees. Also not considered salary and travel expenses diets.

77 article 1 salary Classes. The fixed salary is considered to be the one corresponding to the ordinary legal day of work, or in the case of reduced day by contract, to the ordinary hours of work.

The fixed wage may not be lower than the fixed base salary that the collective agreement for each professional category, and a lack of collective agreement on the minimum professional wage in accordance with what is established in article 78.

2. the variable salary is considered complementary or additional consideration as extra payments, overtime, commissions, plus thin old or transport of punctuality, in turn, of availability, of nocturnality or others.

3. The salary you can agree: a) Per Unit of time: hours, daily, weekly, fortnightly or monthly.

b) Per Unit of work. The contract involves the payment of wages per unit of work must be done in writing, in which they have to fix the objective criteria to determine it.

c) mixed Wages. You can agree on a joint salary per unit of time and per unit of work, by means of bonuses, incentives or commissions, but it must be done in writing.

Article 78 the minimum professional wage 1. The inter-professional minimum salary is remuneration or profit per unit time that the company must meet mandatory in the working person in all cases, even in contracts in which they have agreed a salary for unit or a mixed salary.

2. The fixed Government periodically, at least once a year, the minimum professional wage.

3. The minimum interprofessional wages cannot be garnished except that the debt that originates the embargo from the non-payment of alimony.

Article 79 of the minimum wage under The minimum wage schedule of workers under 18 years can be less than the minimum wage referred to in the previous article, in the following percentages: – 20 percent for workers of 14 and 15 years old.

-15 percent for 16 years.

-10 percent for 17 years.

However, this reduction will not be applied if the minor justifies that has made eight months of practice in the branch of activity in what has been hired.

Article 80 Salaries in cash and in kind the meal and accommodation provided by the company are part of the salary.

Its value in money, which cannot be more than twenty per cent of the minimum wage, determined by the Government at the time of setting the minimum wage.

The value in money that the Government for the purposes of the contribution to the Caixa Andorrana de Seguretat Social can be deducted from the amount of the minimum professional wage.

Except in the event of termination of the employment relationship, it cannot perform the replacement for cash salary of the room or the meal without the agreement of the parties. If at the time of the contract had been agreed upon benefits materials and the working person does not wish to continue to enjoy them, you must notify the employer with a notice of fifteen days, his desire to leave to enjoy and is entitled to receive the equivalent value in cash salary.

The wage in kind forms part of salary in calculating other salary issues.

During the suspension of the contract for sick leave, the working person has the right to enjoy the food and the accommodation agreed, as long as it meets the corresponding value to the employer in accordance with the established by the Government.

Article 81


Plus of nocturnality unless by their own nature the work is at night, the hours worked during the time between the 22 hours and 6 hours of the next day are considered night work and, except in cases where the salary has been agreed in writing, bearing in mind this situation, have to pay with a minimum increase of 20 percent over the regular salary.

Article 82 of the Calculation 1. In the cases in which it has agreed a salary per hour, the fixed monthly salary corresponds to the amount resulting from multiplying the hourly wage for 40 hours and 52 weeks and dividing the resulting figure between twelve months. The same procedure is applied whenever possible and similarly to the small or special days.

2. In the cases in which it has agreed to a monthly salary, the effective hourly work corresponds to the amount resulting from multiplying the monthly salary for 12 months and divide the result between 52 weeks and 40 hours. The same procedure is applied whenever possible and similarly to the small or special days.

3. For the purposes of remuneration of holidays, financial compensation for causal and not farewell send-off by objective causes, pay compensation for the period of notice, if applicable, and compensation for dismissal made in improperly, unfair or unjustified, the salary per day corresponds to the amount resulting from the fixed monthly salary divided by thirty of last month worked more than the average wages of the last twelve months variables or the part corresponding to the period of time worked.

Article 83 the place, time and payment formalities 1. Place of payment. The salary must satisfy the person working in the place where lies the company or Bank that you specify, worker at home if you prefer.

2. Time to make the payment. The salary has to meet following the principle of postremuneració, to work done at the end of the period of payment has been agreed upon without, in any case, the payment of the salary may have a frequency greater than a month. The company may carry out payments on account of salary, and must keep the documents proving relevant.

3. Formalities of payment. Whatever the frequency of payment, the company has given to the person the worker salary, which should be specified individually all paid concepts. The person must sign the worker and the company must retain the copy for a minimum period of three years.

In the salary has to do detailed mention of the following concepts: fixed salary, overtime, bonuses, commissions, benefits, paid vacation, paid labour parties materials and any other concept that forms part of the overall salary. It is also necessary that record the discount of the working part of contributions to the Caixa Andorrana de Seguretat Social.

Without prejudice to the test you provide by other means, the salary has probative value of the existence or non-existence of the different salary concepts, and of the amount.

The third section. Protection of wages payment of wages 84 Article 1. The company is obliged to pay wages on time, in the form described in the previous article, with the periodicity monthly, daily, weekly, or bi-monthly, agreed, and at the latest within three calendar days following the end of the period considered.

2. The company has the obligation to meet the salary to the working person on the site and with the form and the terms agreed upon despite the fact that there is no consideration, when this lack of activity is attributable to the company.

3. The delay in the payment of wages or the settlement produces legal interests from the moment of payment, no need to report the delay.

Article 85 of the Privileges the sums due to workers by a company with a record of judicial settlement or bankruptcy are considered privileged credit. Compensation for dismissal are considered ordinary credit.

In the event of bankruptcy procedure, the payment of the concepts due to workers follow the following order: 1. Fixed Salary due.

2. Overtime due.

3. Holidays and public holidays due.

4. Bonuses and other revinguts due.

5. Interests of previous concepts.

Section four. Other provisions Article 86 Liberalitats of the company and the company may Occasionally exceptionally gratifying the working person unilaterally and voluntarily.

A lack of evidence of occasional character, volunteer and let loose of the remuneration, legal obligations, unilateral conventional or complementary remuneration is considered gratification consolidated and is part of the overall salary.

87 article equality and conciliation of work and family life 1. With the aim of promoting measures to facilitate the reconciliation of work and family life of workers, the ministries in charge of labour and welfare must create a badge to certify and recognize companies that stand out for their application in policies of equality of treatment and of real and effective opportunities for women and men in the workplace , as well as in the implementation of policies aimed at promoting the reconciliation of work and family life of the people who work there.

2. In order to obtain this badge, any company, whether public or private, can present the Labor Department a balance on the measures implemented and the results achieved in terms of equality and conciliation of work and family life.

3. The designation of this badge, the procedure and the conditions for its grant, the powers derived from their collection and dissemination of institutional conditions the companies that obtained must be to develop the regulations.

4. For the granting of this badge will have to take into account, among other criteria, the balanced presence of women and men in management positions and/or technical and professional categories of the company, specific measures to improve the reconciliation of work and family life, equality in remuneration and working conditions between men and women, as well as the non-sexist advertising of products or services of the company.

The eleventh chapter. Social security scheme Article 88 Affiliation 1. The company has the obligation to join the working person since the beginning of the employment relationship, including the trial period, the social security scheme, and make the declarations and pay contributions in accordance with the provisions in force.


2. The working person is obliged to pay the worker's contributions and the company to withhold from the salary and to enter it in the Caixa Andorrana de Seguretat Social. Is null any agreement, either individual or collective, which is contrary to the previous obligations of the workers and the company.

Chapter XII. Termination of employment contract first section. Termination of the contract Article 89 Termination the contract be terminated in the following cases: a) By expiry of the period or completion of the work for which it has agreed. If, at the end of the work, the time expired or continue the performance, the contract is understood to have extended indefinitely unless set otherwise in writing.

By mutual agreement of the parties b). The expiration of the contract by agreement of the parties will be compulsory in the quitança.

c) for death or permanent total disablement of the individual worker to carry out the work contracted. In the case of termination of the employment relationship to death of the working person, the labour quitança has been paid to those who have the custody of the minor children of age, without prejudice to the right of legal or testamentary heirs to take actions against those who have received it.

If there is, the quitança must be legally placed on the maximum period of 8 days from the date of knowledge of the death.

d) To death, disability or retirement of the employer physical person as long as it involves the closure of the company. In the event that you have decided in bad faith the closing of the company, the termination of the contract gives rise to compensation for unjustified dismissal.

e) When the person is working for a private firm was pronounced sentence.

f) For Declaration of bankruptcy of the employer.

g) For random case, force majeure or legal cause you disable the continuity of the business and that cause the closure of the company or workplace with absolute impossibility to resume work or to have passed the three-month period of suspension for fortuitous or force majeure that temporarily disabled the activity, non-binding report from the Labor Department that must be delivered within a maximum period of seven business days from your request. If you restart the activity within the period of one year from the start of the suspension, the employer must complete a new employment contract with the employee, taking into account the age and in the same conditions as the previous one, if this request to do so from the moment in which the activity will be resumed.

h) for cases referred to in the second section below.

Second section. Termination of the contract Article 90 causal not Farewell 1. Except in the cases excluded by this code, in the indefinite contracts the company may dismiss the hard-working person with a prior notice access to an advance of one day per month worked up to a maximum of 90 days and with the payment of a financial compensation equivalent to the salary of 25 days per year worked or the proportional amount corresponding to the shortest time worked calculated, in accordance with article 82.3, up to a maximum of 365 days.

2. If a pregnant worker receives a letter of dismissal does not cause must notify the company that you're pregnant within a maximum period of 15 days, by means of any reliable duct of the stipulated in article 96, and attach a medical certificate that proves it. Once the aforementioned notification and not accepted the dismissal for women, notice of dismissal will be deemed void and of no effect.

3. The dismissal of a workers ' representative is not causal, not accepted by this, it is considered void and of no effect.

91 article Farewell to objective causes 1. In contracts for indefinite time, the company may dismiss the working person, except in the cases excluded by this code, by means of a notice made an advance of one day per month worked up to a maximum of 90 days and with the payment of a financial compensation equivalent to half of the envisaged in article 90 .1FM, when has any of the following reasons : in person, worker acquired Ineptitude) completed the trial period, for having produced a disabled or a lack of professional faculties whose origin the person of the employee to perform the essential tasks of his job.

b) lack of adaptation of the working person to technical modifications produced in your work place, when these changes are reasonable and have spent at least three months since it was introduced the changes.

c) when there is the need to objectively accredited amortize jobs for economic, technical, organizational or production reasons. In this case the dismissal may not affect more than 10% of the employees in each workplace in a period of six months.

For the purposes of this section is meant for economic reasons which are intended to contribute to overcoming the negative economic situation of the company which cannot reasonably be overcome with alternative measures and for technical reasons, organizational or production, and those that have the purpose of overcoming the difficulties that prevent the proper functioning of the company, either by their competitive position in the market for either on-demand requirements, through a better organisation of resources, although there is a negative economic situation.

The company has to justify the situation by means of a report, carried out by a duly authorized auditor, which makes its the causes mentioned above.

2. If a pregnant worker receives a letter of dismissal has to notify the company that you're pregnant within a maximum period of 15 days, by means of any reliable duct of the stipulated in article 96, and attach a medical certificate that proves it. Once the aforementioned notification and not accepted the dismissal for women, notice of dismissal will be deemed void and of no effect.

3. The lack of proof of the dissent, the fact that this is not considered sufficient or the lack of establishment of the report provided for in section first, make the farewell in unfair and give rise to compensation provided for in article 98.

Article 92 Formalities of causal and not farewell send-off by objective causes 1. The notice provided to the previous articles has been made in writing by registered letter with acknowledgement of receipt, to ductus notarized or deliver it directly to the working person, you have to sign the receipt with the mention of the


date, or in the presence of witnesses, one of whom should not have relationship of dependency with the employer, if it refuses to sign. In the event of dismissal for objective reasons, the letter should mention with precision the cause that motivates the farewell and must display the person sector the report foreseen in article itself.

2. The deadline established by the prior notice will be counted from the day after the notification and, in the case of sick leave of the working person or if the person is on vacation, is on hold, and the rest of the term that the remaining part will be counted from the moment of the medical discharge or return to the workplace.

3. During the period of notice, the person can worker absence from work two hours a day in a row, in principle, and unless another agreement, at the beginning or at the end of the day, with the purpose of looking for a new installation.

However, the company may authorize the working person in absence for a while and even meet the financial compensation due and the corresponding notice days calculated in accordance with article 82.3. In the latter case the employment relationship is resolved from the moment of the notification and reliable reception of the payment.

4. Failure to comply with the formalities provided for in this article gives rise to the compensation set out in article 98 to the dismissal made improperly.

Article 93 dismissal for disciplinary reasons 1. The company may dismiss the working person, whatever the form of the employment contract, without prior notice or obligation to meet any financial compensation, when a situation where one of the grounds set out in article 104.

2. lack of evidence of dissent or the fact that this is not considered sufficient to make the farewell in unjustified and give rise to compensation provided for in article 98.

Article 94 the departure Formalities for disciplinary reasons 1. The notice of dismissal has to do exposing it with precision the cause which originates the farewell, by registered letter with acknowledgement of receipt, to ductus notarized or deliver it directly to the working person, you have to sign the receipt with the mention of the date, or in the presence of witnesses, one of whom should not have relationship of dependency with the employer If it refuses to sign.

2. The notice of dismissal of a workers ' representative should respect the guarantees of article 113.

3. Failure to comply with the formalities provided for in this article gives rise to the compensation set out in article 98 to the dismissal made improperly.

Article 95 of the person Dropping The worker working person can cancel the contract in the following cases: a) during the trial period, without prior notice.

b) In contracts for indeterminate duration, by means of a prior notice of ten days, if you have less than a year working in the company, and ten days plus one day per month worked, up to a maximum of thirty days, if you have more than one year that is at the service of the company.

c) expiry of the term of five days of suspension due to fortuitous or force majeure that disable temporarily the activity, by the communication corresponding to the company with mention of the cause of resolution, without prior notice.

d) in contracts to indefinite, on reaching the age of retirement, according to the regulation of the social security, through the communication corresponding to the employer with at least three months notice.

Article 96 Formalities of withdrawal 1. The withdrawal must be made in writing by registered letter with acknowledgement of receipt or by delivering direct to the employer, who must sign the receipt with the mention of the date, and if it refuses to sign, in the presence of witnesses, or by notarial duct.

2. The deadline established by the prior notice will be counted from the day after the notification.

3. The communication of withdrawal, the company and the working person can, by mutual agreement and in writing, to reduce the legal deadline set by the notice.

In the event that the company does not want the working person to work during all or part of the period of notice, we must meet in the quitança the whole of the wages corresponding to the said period.

4. lack of notice on the part of the working person can be considered by the company to abandon the job.

5. In the event that the working person does not comply with the obligation to make the notice to cancel the job, the employer can legally claim the amount of the fixed salary corresponding to the days of prior notice that the working person should be given, as well as damages that could result in non-compliance.

Article 97 of the working person justified Withdrawal 1. The working person can terminate the contract unilaterally and without advance notice, whatever their form, in the following cases: a) the serious breach, or slight but reiterated, on the part of the company health and safety measures at work, or the exhibition of the working person to a risk greater than the strict which is inherent in the exercise of their profession.

b) the requirement of work other than the prescribed, saved the extraordinary circumstances or emergencies.

c) lack or unwarranted delays and repeated in the payment of wages.

of) the lack of affiliation of the individual worker to the Caixa Andorrana de Seguretat Social or faking by the company of the corresponding declarations.

e) the serious breach of the contract by the company.

f) The malicious damage or serious negligence caused by the company or its representatives to the working person.

g) not give effective occupation to the working person.

h) in general, any act of the employer or its representatives that in any way is vexatori for the working person, offended his dignity as a person, or assume a behaviour constitutes sexual or moral harassment by reason of sex.

2. The withdrawal has to do with the cause, by registered letter with acknowledgement of receipt or by direct delivery to the employer, who must sign the receipt with the mention of the date, and if it refuses to sign, in the presence of witnesses, or by notarial duct.

3. The concurrence of any of the aforementioned assumptions gives the right for workers to demand compensation for unjustified dismissal, and also to the other provided for in this code. The absence of the grounds mentioned in this article can be considered for the unilateral withdrawal of the working person company.


4. When the withdrawal have as due to an act of discrimination for reasons of birth, race, sex, sexual orientation, origin, religion, opinion or any other personal or social condition, as well as their affiliation, or not, to a Union, the working person can opt for the compensation mentioned in the previous paragraph or demand the reinstatement in the company with the repair of the discriminatory act and compensation of the damage caused , which fixes the corresponding jurisdiction.

Chapter 13. Compensation Article 98 Compensation 1. The dismissal made improperly, the unfair dismissal and unjustified dismissal behave, in the indeterminate contracts, compensation to the working person no less than 45 days of salary per year of service to the company up to a maximum of 30 months, which is fixed by the competent jurisdiction.

In the event of unfair dismissal made on the basis of the provisions of article 91 or article 93 of unjustified dismissal, the employee can choose to return to the company or to receive the compensation established in the previous paragraph, within 5 days following the judicial decision that firm becomes so declare.

2. In contracts for specific work duration or termination of the contract by the company prior to the deadline established, except in cases of dismissal from parting justified, by mutual agreement of the parties or of termination of the contract for fortuitous or force majeure, the obligation of the company to satisfy a compensation for the damages and harm caused to the working person , which is fixed by the competent jurisdiction. In any case, the compensation for damages cannot be less than nor to compensation for unjustified dismissal that would have corresponded to a contract for undetermined duration, or the equivalent of three months ' salary per year remaining to the passing of the relationship agreed.

3. Exceptionally, whatever the form of the contract, in the event of bankruptcy or cessation of payments, the working person has the right to financial compensation provided for in article 91.

4. The unjustified dismissal, unfair or improper in the form of a pregnant worker carries a compensation of no less than three months ' salary per year of service to the company. To fix the amount of the compensation of the pregnant woman must be present the economic damage that may arise from the lack of perception of the salary and benefits of the Caixa Andorrana de Seguretat Social corresponding to maternity leave, as well as the pharmaceutical and health costs possible that, as a result of a loss of rights to the Caixa Andorrana de Seguretat Social , have to meet the worker.

5. In the case of the preceding paragraph or in the event that the departure of the working person constitutes an act of discrimination for reasons of birth, race, sex, sexual orientation, origin, religion, opinion or any other personal or social status, or membership of, or not, to a Union, or dismissal of a personal delegate, the working person can opt for the corresponding compensation in accordance with the preceding paragraphs or require the reimbursement to the company with the repair of the Act discriminatory and compensation of the damage caused, which should fix the competent jurisdiction.

6. For the purposes of this article it is understood as a salary for the calculated in accordance with the provisions of article 82.3.

Chapter fourteen. 99 Article Quitança settlement 1. Fixed in the contract, the employer has to offer to the working person, the last day of the contractual relationship or at most the next day, the payment of all concepts and must reflect in a document or quitança, extended to duplicate, you must sign the employer and the working person.

2. the quitança should be mentioned if the contract has been resolved by mutual agreement and individualize the amount of all the concepts that must be meet, such as financial compensation for dismissal, salary, overtime, vacations, holidays, bonuses, commissions arm wrestling, the mention of which are to win even if you don't you know the amount, the proportional amount of extra payments or other accrued concepts during the course of the employment relationship.

3. in case of disagreement on any of the concepts cleared, the quitança is signed by others where there is agreement, and the company, within a maximum period of five calendar days of the offer of settlement must legally appropriate and without conditions, at the disposal of the person stating the amount that corresponds by the concepts discussed. The acceptance on the part of the person working the amount deposited does not imply waiver of claim the rest that it deems proper.

Article 100 of Certificate Services provided the employer is obliged to deliver to the working person, on demand, the corresponding Services certificate stating the time who has worked at the company and the professional category or the kind of work or service rendered, you cannot add any more information except for agreement between the parties.

Title III. Article 101 staff disciplinary Fouls and penalties of the workers the direction of companies can punish the labour breaches of workers, in accordance with the graduation of fines and sanctions set forth in this code.

All fault committed by a working person has to qualify as a minor, serious or very serious, bearing in mind the importance, the significance or intentionality, as well as the concurrent circumstances. The sanctions imposed are challenged in judicial and may not imply in any case reducing the holidays or time off.

Article 102 minor offences Are offences: 1. Neglect or delay in the execution of any work that does not produce a major disruption in service commissioned, in which case it qualifies as serious.

2. More than a lack of punctuality unjustified in the incorporation in the job, less than thirty minutes, during the period of one month, provided that these delays are not serious damages arising for the job or the obligations that the company has been entrusted, in which case it qualifies as serious.

3. do not communicate to the company with the highest speed possible fact or the reason for the absence at work when it's for reasons of temporary disability or other justified reason, but if you test the impossibility of having it done, without prejudice to submit in timely proof of this lack.


4. Leave the job without justified cause, albeit for a short time, or leave the work ahead of time, with an advance of less than thirty minutes, provided that these absences were not serious damages arising for the job, in which case it qualifies as serious.

5. The neglect in the conservation of the genres or of the material.

6. do not notify the company of any change of address.

7. Cause unjustifiably discussions or fights with other workers or workers in the offices of the company, provided it is not done in the presence of the public.

8. The lack of cleanliness settled during the service when the job requires it.

9. Miss a day at work without the relevant authorization or without cause to justify it, as long as this absence no serious damages arising in the provision of the service.

10. do not communicate with the timeliness due modifications to the data of the family by that may affect the company for the purposes of tax deductions or other business obligations. The bad faith in these acts determines the rating as serious.

11. do not meet during the service the obligations established by the company on clothes or work clothes.

12. do not attend to the public with the correction and due diligence, if this behavior is not derived from a prejudice for the company or the workers, in which case it qualifies as serious.

13. do not comply with the instructions of the company in the area of service, how to make it, or, if necessary, do the reports.

14. The lack of hygiene, provided that it is of such a kind that produces a justified complaint of workers or the public.

15. Play, is the game that is, being of service.

Article 103 serious offences Are serious offences: 1. More than three Unexcused absences of timely incorporation in the job duties in the period of a month, or a single lack of punctuality which derive damage or serious disorders for the job. Are considered to be damage or serious disorders the delay in the start of a service to the public.

2. Miss two days at work during the period of one month without authorization or justified cause.

3. Leave work or leave early without justified cause for thirty minutes, more than once in a month.

4. Simulate a disease or an accident to justify a delay, neglect or the absence at work.

5. Not the orders and instructions of the company, or of the staff of the company, in the regular exercise of its executive powers. If the breach is repeated, if implies obvious loss to work or if it causes a prejudice notorious for the company or other workers, can be qualified as very serious is missing.

6. Express descurances in the conservation of the genres or articles and materials of the corresponding property.

7. To simulate the presence of another worker, mid or signing instead of someone else.

8. Cause and/or keep arguments or fights with other workers in the presence of the public or that cut across to the public.

9. Use for its own use articles, utensils and clothing of the company, or extract them from its dependencies, but if there are permission to do so.

10. Embriagar or consume toxic drugs during working hours.

11. do not observe the obligations arising from the rules of health and safety at work or other administrative measures that are applicable to the work to be done and in particular in all those on protection and prevention of occupational hazards.

12. The recklessness during the work that may involve a risk of accident, personally or for other employees or third parties, and the risk of failure or physical damage to the facilities of the company.

13. The use of insulting words or irrespectuoses so common during the service.

14. Violating the secrecy of correspondence, documents or reserved data of the company, or disclose the contents of strange people in the company, if done in a reckless or negligent.

15. The recidivism in the Commission of a slight, albeit of different nature, provided that they commit within a period of six months from the first and the author has been sanctioned.

Article 104 very serious offences Are very serious offences: 1. Three or more absences attendance at work without justification, in the period of a month, ten fouls of assistance during the period of six months, or twenty for one year.

2. Act with fraud, disloyalty or abuse of trust in the actions assigned to it, as well as in dealing with other employees or any other person in the service of the company in relation with this, or in the facilities of the company trade negotiations or industry to own or of another person without the express permission of the company.

3. Do disappear, disable, or cause damage to materials, tools, equipment, facilities, buildings, equipment and documents of the company.

4. Theft, robbery or embezzlement committed within the company.

5. Violate the secrecy of correspondence, documents or reserved data of the company, or disclose the contents of strange people in the company, if done-intentioned way.

6. the abuse of Word or work, abuse of authority or a serious lack of respect and consideration to the employer, persons delegated by the company, and also to the other employees and the general public.

7. The voluntary and continuous decline in the performance of normal work or agreed.

8. Trigger or cause frequent renyines and fights with the other workers.

9. Submit an illness or a simulated accident not to attend work.

Include in this case "in which case the person in a situation of temporary disability worker performs work of any kind by or on behalf of others, and also all manipulation, deceit or personal conduct inconsequential that involves an extension of low.

10. The damages caused to the people, including the same person, worker in the company or in its facilities, or to other people, for the non-serious or mild but settled, the measures on prevention and protection of health and safety at work provided by the company.

11. the Commission of three serious offences, even if they are of different nature, provided that they commit within a period of six months from the first and the author has been sanctioned.

12. Any behaviour or conduct, in the workplace, which undermines respect for the privacy and dignity of the woman or the man by means of the offence, or


verbal, sexual in nature. If this conduct or this behavior carried prevalent-in a hierarchical position, this fact constitutes an aggravating circumstance.

Article 105 disciplinary Sanctions sanctions that can be imposed in each case, depending on the alcohol content of the fault committed, are the following: a) For minor offences: a written Reprimand.

b) For serious misdemeanours: suspension of work and salary up to ten days.

c) to very serious misdemeanours: suspension of work and salary of eleven days to a month or disciplinary dismissal.

Article 106 the notification Formalities of demerits requires a written notice to the person in the worker which must state the date and it is necessary to expose the facts that motivate, by means of a registered letter with acknowledgement of receipt or by direct delivery to the working person, who must sign the receipt with the mention of the date and If that person refuses to sign, in the presence of witnesses.

The sanctions imposed in the workplace are understood always without prejudice to the possible actions in other areas or instances.

The representation of workers, if they exist, must be informed in writing by the Directorate of the company of sanctions imposed for very serious offences.

The sanctions on a workers ' representative requires the respect of the guarantees set out in article 113.

Article 107 The offences prescribed Prescription ten days; the serious, twenty days, and the very serious, at the end of sixty days from the date on which the company has obtained knowledge that have been committed, and in any case within six months of being made.

Title IV. The collective rights of workers chapter. Meeting Law Article 108 meeting Right in The Assembly workers of the same company have the right to meet in Assembly; This can be convened by a delegate or delegates or one-third of workers.

The meeting of the Assembly is carried out on the premises of the company, whenever possible and notification to the employer with a minimum of 48 hours, outside the working hours. Only you can deal with the issues that have been included in the agenda by the organizers.

Second chapter. Right to collective representation Article 109 Right of representation workers have the right to make use of the rights of representation in the company in accordance with the regulation of this title.

Article 110 delegates The representation of employees in the company that has 20 or more employees corresponds to the delegates.

Workers choose, by free, secret and direct suffrage, staff are delegates, according to the following rate:-20 to 50 employees: 1 delegate.

-from 51 to 150 workers: 2 delegates.

-from 151 to 300 employees: 3 delegates.

-more than 300 workers: 4 delegates.

Article 111 The following competences are Competences of staff delegates: a) to participate in the negotiation of collective agreements in the field of the company.

b) ensure compliance with the labour legislation, social security and employment, safety and health at work, in compliance with the collective agreement and ask, if this is the case, the relevant actions in the face of the company and the administrative bodies or competent courts.

c) inform and advise workers about their rights.

d) receive information about the evolution of the economic sector to which it belongs to the company, as well as the evolution of the production, sales and recruiting, with annual periodicity.

e) issued a report, within a period of fifteen days, prior to the execution on the part of the company's business decisions, in terms of collective, on reductions in the working day, transfers, training plans, implementation or revision of systems of organization and control of the work.

f) be informed, with quarterly periodicity, the statistics for absenteeism and its causes, the rates of workplace accidents and occupational and environmental studies of the mechanisms of prevention provided and used.

g) to be informed of the penalties for serious or very serious.

h) Exercise administrative and judicial actions in all the areas of their competence, by a majority decision of its members.

Article 112 the duty of confidentiality The delegates must observe diligently by stealth and secrecy of the data and information that they receive in the exercise of its functions. Respect for the confidentiality of these data is also required when the representatives of the workers they no longer hold their functions of representation.

Article 113 Guarantees workers ' representatives enjoy the following guarantees of protection and availability of time for proper development of its functions: a) not be subject to dismissal or sanction during the exercise of their functions or in the year following the conclusion of his term, but if the mandate is terminated by revocation or resignation, and provided that the dismissal or sanction is based on the action of the working person in the exercise of the its representation, without prejudice to disciplinary dismissal causes contained in article 104. It is equally forbidden to you are subject to discrimination in their economic or professional promotion because of her job performance.

b) priority of tenure at the company in respect of the other workers before a layoff that meets a need for redemption of jobs for economic reasons, technical, organizational or production.

c) contradictory record opening in the event of penalties for serious or very serious offences, provided that the penalty is not based on the action of the working person in the exercise of its representation, in which you must be given the opportunity to make allegations, both to the person concerned as the rest of the delegates, if any.

d) express their views on matters concerning the sphere of representation, as well as publish and distribute, without disrupting the normal development of the work, publications of labour or social interest.

e) have a credit of four hours per month paid in each centre for the exercise of its functions of representation, without prejudice to this credit can increase to the company's collective agreement.

Article 114 the promotion of elections and electoral mandate the employees of each company that count at least with the endorsement of a fifteen percent of the signatures of the members of the staff can promote elections in delegates.


Those who organize elections must notify the company and the Department of labour, with a minimum of one month prior to the start date of the electoral process. This is the date of incorporation of the polling station. In any case, the electoral process will not start until you've spent a month from the record of the communication or when they have spent three months in the same record of the communication. The Labor Department set forth publicly the communications presented and provided a copy to the workers who so request.

The elections to renew representation by end of the term of Office of the representatives can only be promoting during the last three months of the mandate.

You can promote partial elections to resignations, repeals or adjustments of the representation by increasing staff. In the case of decreases in the number of workers that affect the number of representatives, follow the procedure established by the collective agreement. If there is, the procedure is agreed between the company and its legal representatives.

The promotion of elections must be communicated to the company with a minimum of twenty days to the date of the beginning of the electoral process. For this there are enough to give you a copy of the communication presented to the Department of labour. The lack of communication to the company entails the nullity of the electoral process.

If there are several developers who contribute to organize elections in the same workplace, is considered valid the first call recorded.

The duration of the mandate of the delegates, which can not be repeated twice in a row, is four years. The delegates are kept in functions, in the exercise of its powers and the guarantees until you promote and held new elections, within a maximum period of six months.

The delegates can only be revoked during his tenure, by decision of those who have chosen, through Assembly convened for this purpose at the request of a third, at least, of the template. The revocation of the mandate can only be decided by an absolute majority of the workers of the template, using personal vote, free, direct and secret. The revocation cannot be agreed upon during the negotiation of a collective agreement nor can reconsider until six months.

Article 115 electoral Procedure The delegates are elected by all the workers for personal suffrage, direct, free and secret.

Voters are all employees of the company over the age of eighteen years and a minimum of six months, and eligible, all employees who have completed the age of eighteen and who have a minimum age in the company of a year. Both to be elector to be eligible must have a minimum of 25 hours per week working on an annualised basis. By collective agreement may negotiate lower eligible voter to be antiques.

They can present themselves as candidates for the election of delegates are workers who support his candidacy with a number of signatures of electors equivalent at least twenty per cent of the total staff of the company.

Article 116 workers ' Representation hired fixed not the workers linked to contracts of limited duration are represented by the delegates set out in this title, together with the template permanent workers.

To determine the number of representatives, the employees linked to the company for contracts of more than one year will be calculated as a fixed workers template.

The workers hired for periods of less than one year will be calculated based on days worked in the year immediately preceding the election.

With 225 days worked or more is considered a worker more, provided that in the course of this year their work day has been a minimum of 25 hours a week.

Article 117 1 polling station. In the company or in the workplace is a polling station for every school of one hundred and fifty workers voters or fraction.

2. The Bureau is composed of three members: the person working more in the company, which works as a president, and the more workers and less than age, who are the members. The under age acting as Secretary. Alternates are designated those who follow them in the order fixed old or age. The members of the Bureau may not be candidates. If a component of the Bureau wants to be candidate, you have to replace the understudy.

3. In the elections of delegates each candidate may appoint an auditor for mesa.

Article 118 functions of the polling station 1. The polling station has as its main functions the monitoring of the electoral process, presided over the vote, the votes have been counted, up the corresponding minutes and resolve claims that may occur.

2. Once you have communicated to the company for the purpose of making choices, the company calls the workers who have to set up the polling station in a period of seven calendar days and informs the employee representatives.

3. The Bureau was established formally on the day established by the communication of the promoters for the start of the electoral process.

In the same period of seven calendar days, the company must provide to the polling station to the census work.

4. From this moment on, the polling station has the following functions: to) make public the census indicating who are electors. The list of electors is on the Bulletin Board for a time not less than forty-eight hours. In this case, corresponds to the Bureau to resolve any claim and publish the definitive list, within a maximum of twenty-four hours from the end of the period of public exposure of the list.

b) fix the number of representatives and the date up to which it is possible to submit nominations.

c) receive and proclaim the candidacies presented. Between the proclamation of candidates and the voting there has to be at least five days.

d) set the voting date.

e) to draft the minutes of scrutiny within a period not exceeding three calendar days, during which it has to submit the results to the competent public office.

5. Between the date of the Constitution of the Bureau, and the date of the vote there can be more than fifteen calendar days.

Article 119 Voting for delegates Each voter can vote for a maximum of wannabe equivalent to cover candidates proclaimed. Are elected who obtain the largest number of votes. In case of a tie is chosen the most seniority in the company.

The Act of voting takes place in the centre or workplace during the working day.


You can vote by mail in accordance with the General rules that regulate this possibility.

The company has to provide the means for normal development of the voting and the rest of the electoral process.

The vote is free, secret, direct and personal, and the ballot papers are deposited in ballot box closed. The ballot papers must be of the same size, the same color, the same impression and of the same quality of paper.

After the vote, immediately begins the public count, by reading aloud of ballot papers by the president or the President of the polling station. The results are recorded in a record must have a standard form. The record should include the incidents and protests, if they have occurred. Once written, the sign are members of the Bureau, the intervenors and the representative of the employer. Then, the polling of the same company or workplace, in joint session, extending the record of the overall result of the vote.

The Presidency of the Bureau makes copies of the minutes of scrutiny to the company, the Auditors of candidates and elected representatives.

The result of the vote is published in the bulletin boards.

Corresponds to one of the members of the Bureau to rid the Department of labour, within a period of three days, the original of the minutes, along with the ballots spoiled or disputed by auditors, as well as the Act of Constitution of the Bureau. The Labor Department published a copy of the minutes to the bulletin boards within the next working day delivery. Equally, it delivered a copy to worker organizations that request, and sends a copy to the company, with an indication of the date on which the period ends to challenge it, and keeps on deposit the ballot papers until they are over the terms of challenge.

Ten working days of the publication, the minutes are recorded. The register can be denied if the acts were not widely used in official form, if there is missing the signature of the president or the President of the polling station, if he had not reported the promotion of elections to public office and if data are missing or are illegible, and so prevent the electoral calculation. In case of refusal of registration, urges the President of the polling station for the period of ten working days may remedy the error or errors noted, except in the case of the lack of the promotion of elections, which is considered a inesmenable error. The resolution denegatòria of the registry can be challenged in proceedings for those who prove legitimate interest.

The Labor Department is competent to issue certificates on the representative capacity of the delegates, and also about the election results, organizations of workers who so request.

Article 120 Claims in electoral matters The appeals relating to the election of workers ' representatives will initiate before the Council in accordance with the procedural rules. Are legitimised to challenge both the company and the workers ' organizations, as well as applications that bring together a set of workers.

Are challenged the decisions to adopt the polling station throughout the procedure, to serious vices that can affect the guarantees of process and alter the result, by a lack of capacity or legitimacy of chosen candidates for the discordance between the Act and the development of the electoral process and for the lack of correlation between the number of employees listed on the events and the number of representatives elected. The challenge in the judicial has as a prerequisite of admissibility that has been formulated claim to the polling station in accordance with the rules governing the election procedure.

Title v. The collective negotiation chapter. Agreements and collective agreements of work Section first. General provisions Article 121 definition of collective bargaining collective bargaining is that process through which the representatives of workers and employers, by virtue of their collective autonomy, agreed regulatory measures in relation both to the conditions of work and productivity, as well as the relations between employers and workers.

Article 122 agreements and collective agreements as a result of collective bargaining is embodied through agreements and collective agreements that have to fit the norms of the State to the characteristics of the companies or sectors, by introducing, at the same time, the improvements that the parts that the appropriate love to sit down.

123 article definitions of agreements and collective agreements 1. For intersectoral collective agreement of labour is understood an agreement negotiated and awarded between representatives of workers and employers that fixes all working conditions in more than one sector of activity.

2. for sectoral collective agreement of labour is understood an agreement negotiated and awarded between representatives of workers and employers on all working conditions of a profession or a specific sector of activity.

3. For Enterprise collective agreement it is understood an agreement negotiated between the company and the legal representation of the workers of a company, of an establishment or group of establishments.

4. to work collective agreement it is understood an agreement negotiated and awarded between representatives of workers and employers on labour conditions applicable to a business, a profession or a specific economic sector.

5. regulatory clauses of the collective agreement are understood all the clauses governing the conditions of work. For obligacionals terms are understood all the clauses that refer to obligacionals commitments of the parties to the agreement.

Article 124 the general Scope of regulation but not exhaustive, the collective agreements regulate working conditions and productivity, the professional classification, the grill or salary structure, the remuneration policy, the promotions, the holidays, the distribution of the working day, training, sabbaticals and permits, disciplinary sanctions, layoffs and all ends that the representatives of the company and workers understand appropriate with regard to its frame of action.

Article 125 minimum content of the collective agreement The collective agreements must have the following minimum content: a) determination of the parties to the agreement.

b) personal, functional, territorial and temporary.

c) forms and conditions of the agreement and a period of notice.

d) designation of a parity Committee on the representation of the parties


negotiating to resolve the issues that you may submit in the sphere of their competence, and determination of the internal operating procedures.

Article 126 recognition of the right to collective bargaining 1. Workers and employers, without distinction, have the right to collective bargaining, in the manner and under the conditions set out in this code.

2. The collective agreement or collective agreement is a written agreement between, on the one hand, the representatives of the employees or the organisations representing workers, in each case, the majority of delegates, and on the other hand, one or more business organizations that represent the majority of entrepreneurs in the sector of activity concerned.

Article 127 of the representativeness of the organisations of workers the representativeness of the organisations of employees is assessed in accordance with the percentage of staff delegates corresponding to a particular sector.

Article 128 has established three areas of application areas of application with hierarchical character: intersectoral, sectoral and business, without prejudice that may be established by the regulations or by collective agreement intermediate levels.

Second section. Negotiation of collective agreements and collective agreements Article 129 legal capacity to negotiate and bound with a collective agreement or collective agreement 1. The initiative for the negotiation of an agreement or collective agreement correspond to the representation of workers or of employers. To this end, they must address a written request to the other party to express their intent and proof of legitimacy, and to get a copy to the Department of labour.

2. Are recognized and have legal capacity to negotiate and bound by a collective agreement or collective agreement the representatives of workers ' organizations that have a 10% of the total delegates of the sector affected by the agreement and those of the business organizations that give jobs to 10% of workers in the sector concerned, by virtue of statutory provisions of the same organization, , or under a specific mandate given to the organization represented or directly by the delegates, and of entrepreneurs or business associations that may be considered as the most representative in the sector in question.

3. Within the period of one month from the aforementioned communication, must constitute the negotiating Commission, unless the other party has the right to oppose it.

4. The required part in the opening of the negotiation process can only deny it by means of a written communication and on the following assumptions: a) when the initial time period has elapsed yet term of the last collective agreement affecting the scope of proposed trading b) the bad faith manifested in the promoter of the negotiations c) formal defects in the communication of the proposal of negotiations) the non-recognition of legitimacy on the applicant of the opening of the negotiation process

e) the non-recognition of legitimacy in relation to the scope of the agreement to negotiate.

Article 130 of the negotiating Commission the designation of the members of the negotiating committee corresponds to the parties. The members agreed to designate a Chairperson and a Secretary. The negotiating committees can have advisors with voice but without vote.

In the enterprise agreements, no part can have no more than three representatives. On the upper level in the company there can be more than four representatives per side.

Of each meeting runs the corresponding minutes signed by the Chairman and the Secretary.

Article 131 Mediator 1. In the sectoral and intersectoral level agreements any of the parties may apply to the Department of labour the appointment of a mediator, with voice but without vote, which may propose to the parties the possible solutions to the issues with respect to which there is agreement.

2. In the business agreements the parties may appoint a mediator by mutual agreement, at any time during the negotiation process, with the same functions as those of the representative of the Department of labour.

Article 132 the procedure in the first meeting of the Negotiating Committee is fixed by mutual agreement the subjects to negotiate, the method of work, the calendar, and the other provisions necessary for the proper conduct of discussions and to reach an agreement in the areas of negotiation.

Article 133 the beginning of more favourable provisions of the collective agreement and the collective agreement may contain provisions more favourable to workers than those established by the laws and regulations. The provisions of collective agreements and collective agreements cannot in no case to repeal or contain provisions that are contrary to the laws and regulations.

Article 134 duration of collective agreements and collective agreements The negotiating parties establish the duration of the agreements and collective agreements and may agree on different periods of validity for certain matters or a homogeneous group of subjects.

The collective agreements and collective agreements may have a minimum duration of two years and maximum of five years. In any case, unless there is agreement otherwise, is extended by one year if there is no express denunciation of the parties.

Once denounced a collective agreement, they lose life wholeness of its obligacionals clauses.

The third section. Adoption of collective agreements and collective agreements Article 135 early on by the majority for the adoption of collective agreements and collective agreements Are agreements of the negotiating Commission require the favourable vote of the majority of each of the two representations and will be formalised in writing, in which you can make include dissents.

Article 136 obligacional Force and effectiveness 1. The collective agreements duly processed and approved oblige all employers and employees included in its scope of application.

2. The effectiveness of the agreement begins with its entry into force, which will be the one that the parties agree.

Section four. Right of opposition Article 137 notification of the agreement once signed the agreement or collective agreement, one of the signatories to the agreement text reliably report the representative organizations.

Article 138 the right to oppose on the basis of the date of the notification of the text of the collective agreement, the majority of workers organizations, signatories to not have a period of fifteen days in order to exercise the right of opposition. The right of opposition is exercised by means of express notification on the part of these


workers to all signatories of the agreement on what are the points of disagreement.

Fifth section. Denunciation of the collective agreements and collective agreements Article 139 entitlement to report collective agreements and collective agreements 1. The collective agreements and collective agreements can be reported by the parties to the agreement with a notice made during the three months prior to the maturity date. The signatory who made the complaint has to notify its intention to the other parties to the agreement. The complaint should be communicated also to the Department of labour. The provisions of the collective agreement or collective agreement of normative character are in force and effective against other parties to the agreement.

2. When those who make the complaint are the total number of employers or of workers signatories of a collective agreement or a collective agreement, it has to start a new negotiation within a period of three months from the notification of the complaint, to request at least one of the parties of the collective agreement or collective agreement. The provisions of normative character of the collective agreement or collective agreement continue to produce their effects until the entry into force of a new collective agreement or collective agreement.

Article 140 registration and advertising of collective agreements 1. The agreements have to be submitted to the Department of labour, for the purposes of registration and publication, within a maximum period of seven days from the moment in which the negotiating parties sign.

2. sectoral and inter-sectoral agreements are published in the OFFICIAL GAZETTE and can not enter into force before its publication.

3. Employers must put at the disposal of employees a copy of the collective agreement that affects.

Article 141 In the event that the Labor Department deems that an agreement or collective agreement intersectoral, sectoral or company violates the legislation in force or seriously harms the interest of third parties, to the parties, by grounded decision, a maximum period of thirty days for their amendment; in its default, stands trial in demand ahead of the competent jurisdiction.

Second chapter. Agreements and collective agreements of company Article 142 the right of workers to negotiate at enterprise level 1. All workers without exception are entitled to negotiate at the level of the company.

2. the agreements and company collective agreements are negotiated and are awarded between employers or their representatives and the delegates.

Article 143 of the negotiating delegation The delegation from each of the organizations representing parties to the negotiations at the level of the company is formed by delegates of the company and representatives of the employer to a maximum of three representatives for each part. If the number of delegates to the company was less than three can complete its delegation with the workers of the company duly mandatats. The time spent in paid work time is trading as ordinary.

144 article negotiation with workers mandatats by organizations of workers 1. In the absence of personal representatives in the enterprise, the employer may negotiate with the workers designated and mandatats by the same workers of the company. In this case, the company notified workers their willingness to open negotiations in the field of the company.

2. The mandate should specify the conditions under which the project agreement must be submitted to the entire staff of the company. In the event of opposition to the content of the text, the template may withdraw the mandate.

Article 145 adopting an enterprise agreement for part of mandatats workers 1. The enterprise agreement signed by a mandatat worker must have been approved by the employees of the company with the votes that correspond to more than 50 percent of the workforce. To lack of approval, the enterprise agreement has no force. In case of approval, a copy of the enterprise agreement must be placed close to the competent services of the Department of labour.

2. the company, within a period of fifteen days, counting from the day you sign the mandatat worker, should determine the modalities of organization and consultation of the employees of the company. You have to set up, among others, the forms of workers ' information on the text of the agreement, the site, the date and time of the scrutiny, the Organization and the procedure of voting.

Article 146 object and periodicity of the negotiations the parties agree the object and the frequency of the talks, as well as the data that they have to deliver before the delegates of the company or of the establishment.

Article 147 the effects of enterprise agreements with collective agreements or collective agreements The sectoral agreement or Enterprise Agreement may adapt the provisions of sectoral collective agreements applicable in the company to the terms and conditions specific to your company. The agreement or enterprise agreements may lead to more favourable terms to the wage earners. If you later adopt sectoral collective agreements, the provisions of agreements and company agreements you have to adjust.

148 article Correction, revision and denunciation of conventions and business agreements Are agreements and enterprise agreements establish the duration, conditions and requirements to be reconduïts, reviewed and reported to both the employer signatory, as well as representatives of the workers or the workers mandatats to this effect.

Third chapter. Application of the agreements and collective agreements Article 149 effect and enforceable character of the agreements and collective agreements between parties to the provisions of the agreements and collective agreements are applied and produce effects between the parties to the agreement, without prejudice to any other organization of workers or of employers to adhere to and be bound to them in accordance with the conditions and requirements established by the same agreements and collective agreements.

Article 150 of the effects When an employer is part of an agreement or collective agreement, the provisions of this agreement or agreement apply to works contracts signed between the employer and its employees, unless more favourable provisions.

Article 151 Adherence by the parties concerned in a process of collective bargaining may, by mutual agreement, adhere to all or a part of a collective agreement in force, as long as there is another collective agreement that are to be applied. In this case you communicate in writing to the Department and, if applicable, is published in the OFFICIAL GAZETTE; a lack of communication the agreement doesn't take effect.

Article 152


Correction and review of the collective agreements or collective agreements The collective agreement and the collective agreement establishes the conditions and requirements for retraining or revisions. The representatives of the workers and the workers ' representative organizations signing an agreement or a collective agreement or who have joined later are the only parties authorized to carry out the revisions.

Article 153 right to take legal action in execution of the agreements granted The organizations with legal capacity and capacity to act that they are part of a collective agreement or collective agreement may exercise legal action against other organizations, against its members or against any other person part of the collective agreement or collective agreement with a view to obtain the implementation of the decisions given.

Article 154 parity Commission Any doubt about the interpretation of the clauses of a collective agreement can be submitted to the Joint Commission, as a body with equal representation of the representatives of the parties that have signed the agreement. The powers and procedures of mediation and arbitration of the Commission established by regulation.

Regardless of the powers of peer committees, any dispute arising from the interpretation and the application of a collective agreement the resolves the competent jurisdiction.

Title VI. Sanctioning chapter. Infringements of Article 155 nature are labour offences the actions and omissions, voluntary or unwise, contrary to legal or regulatory standards, as established and sanctioned by this code and the legislation on employment.

Infringements of the company in the field of safety and health at work and of immigration are excluded from this code and are governed by its specific regulations.

Article 156 Guarantees 1. No one can be punished for infringements at the time of do not constitute administrative infringement.

2. The sanctions policy is not applicable to cases that do not comprise on purpose.

3. You can't punish more than once the same fact.

4. under no circumstances can not impose a sanction that is not provided for by a law prior to the Commission of the offence.

5. you may not execute any sanction if it is not under a firm resolution dictated, by following the procedure legal, to the competent body.

Minor Infractions Are minor offenses article 157:1. do not expose the plan in a visible place in the workplace.

2. do not put on time at the disposal of the working person salary newsletter.

3. The lack of notes or signatures in the document of the account of hours mentioned in article 63.

4. Any other formal or merely obligations affecting documentary and that is not classified as a serious or very serious violation.

Article 158 serious Offences Are serious offences: 1. do not comply with the formalities provided by law or distort annotations and signatures to the document of the account of hours mentioned in article 63.

2. non-formalised in writing the contract of work, when this requirement is required or when you ask for the working person.

3. lack of punctuality in the total or partial payment of wages or the quitança.

4. do not consign to the wages the amounts actually paid.

5. Not the obligations established in the field of processing of the receipts of quitança.

6. Not the rules and legal boundaries or agreed on day, night work, overtime, rest, holidays, permits and, in general, the working time referred to the ninth chapter of title II.

7. The modification on the part of the employer, unilaterally, the conditions of work.

8. Infringe the rules on contractual modalities, using contracts in law fraud or with people, purposes, assumptions and temporary limits other than those provided for by law.

9. establish working conditions worse than the conditions recognized legally or conventionally, as well as acts or omissions that are contrary to the rights of workers.

10. Disobey any minor work rules set out in this code.

11. The regulations on the learning, using it on fraud law or with people, purposes, assumptions and temporary limits other than those provided for by law.

12. acting irregularly in relation with the quotes in the Caixa Andorrana de Seguretat Social, unless the entity has not started by sanctioning a same facts.

13. The specific recidivism in a mild violation.

14. do not respect the rights of information and consultation of staff representatives in the terms in which they are established legally or conventionally.

15. do not respect the rights of the delegates or the workers who participate in the process of collective bargaining, in the area of credit hours paid for the development of its activities in the terms in which they are established legally or conventionally.

Article 159 very serious Offences Are very serious offences: 1. Non-payment and the repeated delays in the payment of full or partial salary due.

2. To commit acts contrary to respect for the privacy and dignity of workers.

3. The unilateral decisions of the company that involve discrimination in terms of remuneration, training, promotion and other working conditions, due to birth, race, sex, sexual orientation, origin, religion, opinion or any other personal or social condition or the condition of personnel.

4. don't take effective employment to the worker.

5. Obstruct the action of the Labour Inspection Service denying entry into the workplace, not facilitating or by spoofing the documentation required or performing other comparable events.

6. specific recidivism in a serious violation.

7. The actions or omissions that prevent the right of Assembly of workers and their representatives on the terms that are established legally or conventionally.

8. do not comply with the duties imposed on the company collaboration materials the regulatory standards of electoral processes for delegates.

Article 160 Recidivism it is understood that there are generic recidivism when at the time of committing the offence by the person convicted has been condemned by a firm decision by a similar gravity infringement or two lower gravity.

It is understood that there are specific recidivism when at the time of committing the offence by the person convicted has been condemned by a firm decision by a


action or omission constituting the infringement itself.

To appreciate the generic or specific recidivism only mild sanctions imposed are taken into account during the previous year, the serious imposed during the two previous years and the very serious sanctions imposed during the three previous years.

Article 161 Prescription 1. The minor offences prescribed six months of the day of cessation of the action or omission punishable.

2. serious offences prescribed after one year from the date of cessation of the action or omission punishable.

3. very serious offences prescribed after two years of the date of cessation of the action or omission punishable.

Second chapter. Penalties Article 162 Penalties offences classified in the previous chapter are sancionables in the following way: a) slight infringements: In minimum degree, with a fine of 50 euros to 100 euros.

On average, with a fine of EUR 101 to 250 euros.

In maximum, with a fine of EUR 251 to 500 euros.

b) serious infringements: In minimum degree, with a fine of € 501 to 1,000 euros.

On average, with a fine of € 1,001 to 2.000 euros.

In maximum, with a fine of € 3,000 euros in 2001.

c) very serious infringements: In minimum degree, with fine from 3,001 EUR 6,000 euros.

On average, with fine of 6,001 euros to 12,000 euros.

In maximum, with fine of 12,001 euros to 24,000 euros.

Article 163 graduation Criteria of sanctions in order to determine the amount of the sanctions on their degrees minimum, medium and maximum graduation criteria are taken into account the following: a) The negligence and purposefulness of the offending subject.

b) fraud or collusion.

c) failure to comply with previous warnings and of the requirements of the Labour Inspection Service.

d) General recidivism.

e) The prejudice caused.

f) the amount defrauded.

g) the General conditions of work in the company.

h) circumstances that can aggravate or attenuate the alcohol content to be applied to the infringement committed.

Penalties for minor offences article 164 Prescription, serious and very serious prescribed after one year from the date of notification of the decision to impose sanctions on firm.

Title VII. Administrative control and sanctioning procedure chapter. Administrative control Article 165 inspection service of work Corresponds to the Government, through the service of inspection of work, monitor compliance with the labour regulations.

The Labour Inspection Service, ex officio or at the request of a party, to visit the places of work, examines the work and documentation get up minutes of the visit carried out.

The records of the Labour Inspectorate have the presumption of accuracy, unless proof to the contrary.

If the service of Labour Inspectorate notes an infringement of the legislation in force does not score or a mild violation that results in no direct damage or harm to workers, formulated a request to the company or to the working person to correct the performance by the corresponding warning.

Second chapter. Sanctioning procedure Article 166 Record sanctioning the realization of an infringement on the part of the Labour Inspection Service involves the opening of the file appropriate sanctions in accordance with the provisions of the code of the Administration, the Decree sanctioning procedure regulatory and complementary provisions.

Against the decision handed down by the Government in the sanctioning transcript can be lodged in accordance with the provisions of the code of the Administration and the special regulations on the matter.

First additional provision For derogation of article 20 and matching of technical regulation of the Caixa Andorrana de Seguretat Social, during the period of suspension of the employment contract by fortuitous or force majeure, provided for in article 43 of this code, the person sector maintains open rights to medical and hospital benefits from health insurance, although it can justify that it has contributed to at least 15 days during the 40 days prior to the disease.

During the period of suspension of the employment contract by fortuitous or force majeure, provided for in article 43, the non-wage earning person contribution to the diet of the Caixa Andorrana de Seguretat Social accounts to determine the unemployment benefit which corresponds in the case of low to low disease or for work-related accident.

The suspension of the employment contract by fortuitous or force majeure shall not be taken into account for the purposes of permanent and effective working conditions set out in the criteria for renewing the immigration permits.

Second additional provision authorises the Government to increase, with the frequency it deems appropriate, the amount of the sanctions set forth in article 162, with the condition that the percentage increase is the same for all amounts, so that you keep the ratio established, and limiting the increase to what you have experienced the CPI from the time of the last modification of the amounts.

Third additional provision The suspension of the employment contract for paternity leave and rest for risk during pregnancy, provided for in articles 38 and 39, they involve a strike with the right to a financial benefit, by the Caixa Andorrana de Seguridad Social.

The amount of the cash benefit is calculated following the same rules as those that set the rules of the Caixa Andorrana de Seguretat Social, for the calculation of the economic benefit for maternity leave.

To have the right to the economic benefit the interested persons must meet the same requirements that are established by the regulations of the Andorran Social Security in order to charge the economic benefit of motherhood.

Sole transitory provision the files incoats by the inspection service for events that occurred before the date of entry into force of this code must be processed in accordance with the provisions in force at the time of the alleged infringement.

Single repealing provision Is repealed the law 8/2003, of June 12, about the employment contract and all the foregoing in this code in that there are contrary.

Final provision this code will come into force within three months of being published in the official bulletin of the Principality of Andorra.

Casa de la Vall, December 18, 2008, Joan Gabriel i Estany Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.

Nicolas Sarkozy Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra