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Resolution Of 13 March 2017, Of The Directorate-General Of Employment, That Is Recorded And Published The Agreement On Wage Tables Vi Collective Agreement Of Private Education Companies Held Total Or Partly With Public Funds.

Original Language Title: Resolución de 13 de marzo de 2017, de la Dirección General de Empleo, por la que se registra y publica el Acuerdo sobre tablas salariales del VI Convenio colectivo de empresas de enseñanza privada sostenidas total o parcialmente con fondos públicos.

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TEXT

Having regard to the text of Annex II containing the agreement on salary tables of the Sixth Collective Agreement of private education enterprises held in whole or in part with public funds (convention code No. 99008725011994), which was signed dated March 3, 2017, by the business associations Education and Management (EyG), Confederation of Teaching Centres (CECE), Spanish Federation of Teaching and Social Economy (FED-ACES) and Asociació Professional Servéis Educatius de Catalunya (APSEC), representing companies in the sector, and, on the other, by the trade unions Federation of Independent Trade Unions of the Spanish State (ESESIE), Federation Teaching of the Union Workers ' Union (FE-USO), Federation of Public Services of UGT (FeSP-UGT) and CC.OO., on behalf of workers, and in accordance with Article 90 (2) and (3) of the Law on the Status of Workers, Recast Text adopted by Royal Decree-Law 2/2015 of 23 October 2015, and in Royal Decree 713/2010 of 28 May on the registration and deposit of collective agreements and agreements of work,

This Employment General Address resolves:

First.

Order the registration of the said Annex II in the corresponding Register of collective agreements and agreements working through electronic means of this Steering Centre, with notification to the Commission Negotiator.

Second.

Arrange your publication in the "Official State Bulletin".

Madrid, March 13, 2017. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.

ANNEX II

1. Salary tables teaching staff in delegated payment. Transitional period

Introduction

The implementation of "RDL 8/2010 of 20 May adopting extraordinary measures for the reduction of the public deficit" and the "RDL 20/2012 of 13 July, of measures to ensure budgetary and budgetary stability" (a) the promotion of competitiveness "; and the general budget of the ACs which have been adopted since then have generated a variety of situations in the Autonomous Communities and in the territory of the European Communities which continue to make it impossible to make Uniform wage tables for the State as a whole.

From 2011 to 2015, the different Educational Administrations have been reviewing and paying the payroll of the teaching staff in delegated payment, either by way of regulations or by means of autonomous agreements, without taking into account the collective bargaining, which has resulted in differences in the amounts of the state wage concepts that are regulated in the tables of this collective agreement.

The application of the transitional regime agreed in the collective agreement has not been homogeneous in all the CCAA. Some have spent years paying the remuneration of the teaching staff in delegated payment according to LPGE, while others have not yet carried out the adequacy.

Therefore, the negotiating organizations of the VI Collective Agreement, see it necessary to enter into an Agreement that manages to solve the problems exposed and to continue facilitating the development of the transitional provision 1. in accordance with the needs or situations in each of the CCAA.

The commitment of the signatory organizations of the Convention is that the basic salary and salary concepts of the staff in delegated payment (base salary, triennium, add-ons per function and plus of residence) are adapted to the published annually in the State General Budget Law.

Based on this and the provisions of the Collective Agreement, we agreed:

SALARY TABLES OF TEACHING STAFF IN DELEGATED PAYMENT YEAR 2016

In accordance with Article 53.3, the salary tables for the year 2016 set out in Annex II.2 shall apply in those CCAA and territories in which the general government, in compliance with the established in the transitional provision 1. the VI Convention, are currently paying the salaries to the teaching staff in delegated payment according to the modules of concerts established in the PGE of 2016 and that are: Andalusia, Extremadura, Islands Baleares, La Rioja, Ceuta and Melilla.

The Convention's negotiating committee will negotiate the annual update of these salary tables, which will be done in accordance with the variations that the state-wide concert modules contained in the LPGE will experience.

For the rest of the CCAA, the salaries set out in Annex II.2 and those that are subsequently approved for each year according to the corresponding State General Budget laws, will be the Reference wage tables to be applied in each CCAA after completion of the salary adjustment process referred to in this Annex.

In the Autonomous Communities that, as a result of the salary cuts practiced by the Administration in the years 2010 and 2011, have maintained the part of the Base Salary, Triennium, Complement of the Directive, Complement Baccalaureate and Complemento de equación para Licenados de 1. º y 2. º de la ESO above the modules of the concert established in the LPGE, for having applied the pay cut in the part that retributed the CCAA of its own budgets and in which the provisions of the Sixth Convention are not yet applied, may be adopted (a) agreements, which create new, autonomic supplements to compensate for the various remuneration concepts of the LPGE-financed payroll, which avoid a wage minoron or take other measures to achieve the objective of adjusting to the wage tables of the collective agreement within the time and form to be set up for such agreements.

The application of this wage regulation by public administrations will be made after the agreement of the employers ' and trade union organizations in the Autonomous Community. The negotiating organisations of the Convention undertake to initiate such a process in the relevant field, in accordance with the provisions of the transitional provision 1. of the Collective Agreement and in this Agreement.

This wage adjustment will have to comply with the provisions of this Agreement and will have to be referred to the Joint Committee of the Collective Convention for its control and subsequent publication in the "BOE".

This process does not in any way entail exceeding the budgetary limits of the administrations or additional costs for the same and as set out in Article 117 of the LOE, so that it must comply with the provisions of the Article 53.3, second paragraph of the Collective Agreement.

During the process of salary adjustment of the concepts mentioned in the preceding paragraphs, it will not be possible to produce any loss in the overall salary that each worker receives.

Remuneration in respect of Extraordinary Pay for Antiquity in the company governed by Article 62a of the Collective Agreement should be provided for in these wage adjustment arrangements in the event that it may be affected by the to ensure that the amount that is currently being collected does not decrease, in compliance with the provisions of the Convention's additional eighth subparagraph, point 3 (b).

According to the provisions of the State General Budget Law, national employers ' organizations are entitled to request payment on account of future increases in the State's budget. Until the wage adjustment agreements are reached, it is recommended that the increases in the successive General Budget Laws of the State not be paid in the Salario Base concept to avoid increasing the differences in the concepts basic salary.

The transitional period provided for in Article 53.2 and referred to in the first transitional provision is extended and amended by this Agreement until 31 December 2018 in order to allow for the arrangements provided for in the preceding paragraphs.

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