Key Benefits:
This Employment General Address resolves:
First.
Order the registration of the aforementioned collective agreement in the corresponding Register of collective agreements and agreements working through electronic means of this Steering Center, with notification to the Negotiating Commission.
Second.
Arrange your publication in the "Official State Bulletin".
Madrid, April 27, 2017. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.
VI GENERAL COLLECTIVE AGREEMENT OF NATIONAL SCOPE FOR THE PARKING AND GARAGE SECTOR
PRELIMINARY TITLE
CHAPTER FIRST
Article 1. Signatory parties.
These are parties to the present General Convention, by business, the Spanish Association of Parking and Garages (ASESGA) and by social partners, the State Federation of Mobility and Consumer Services of the Union General of Workers (UGT) and the Federation of Services to Citizenship of CC. OO. -FSC (CC. OO.), recognizing each other's legitimacy to negotiate the present Convention.
Article 2. Effectiveness and Obligation Obligation.
This Convention is supported by Article 83.1 and 83.2 of the Royal Decree of Law 2/2015 of 23 October, approving the recast text of the Staff Regulations, obliging companies and workers falling within their functional, personal and territorial scope.
Article 3. Structure of collective bargaining.
Under this Convention, the structure of collective bargaining within its scope is defined in accordance with the following substantive levels of Conventions, each of which has to fulfil a specific function:
1. General Agreement of the Sector of Apparatuses and Garages: With a vocation of long-term permanence and stability, and its content refers to the regulation of the general working conditions to be applied in all its scope and with the validity that in the Convention itself is established.
2. Provincial collective agreements or, where appropriate, Autonomous Community: They shall be periodic renewal and aim to develop the matters of the provincial negotiating field or, where appropriate, apply in each province or Autonomous Community. the contents of the agreements at national level which may be produced during the term of this General Convention.
Such agreements may have as their object, inter alia, the following:
a) The concrete application in its scope of interconfederal agreements.
b) The establishment of wage bands.
c) Any other matters that the parties agree to.
3. Collective agreements of undertakings: According to what the parties legitimize agree, in accordance with the provisions of the Workers ' Statute.
Article 4. Business coverage.
With the Conventions specified in the previous article, the signatory parties consider sufficiently covered, within the statutory framework, the structure of the territorial collective bargaining within the scope of the Convention.
Article 5. Concurrency of conventions.
In accordance with the provisions of Article 84 of the Workers ' Statute, the alleged concurrency between collective agreements of different scope will be resolved by applying the principles listed in the articles The following are derived.
Article 6. Hierarchy principle.
The concurrence between Conventions of different scope shall be resolved in accordance with the provisions of Article 84 of the Staff Regulations and the provisions laid down in this General Convention.
Article 7. Principle of security.
Conventions at the lower level of this State that are in force at the time of the signature of the present, shall remain in force, in all its content, until their temporary term, except that, by agreement of the intervening parties In each negotiating unit, they decided to take advantage of the new conditions defined in the collective bargaining of higher scope.
Article 8. Principle of consistency.
Except for the exceptions provided for in Article 84 of the Workers ' Statute, the agreements taken in the negotiation of the territorial scope that contradict the content of the rules established in the Top-scope conventions.
Article 9. Principle of territoriality.
The applicable Convention shall apply to the place of effective provision of services.
Article 10. Principle of equality.
With this agreement the parties express their willingness to guarantee the principle of equal treatment and equal opportunities for women and men in access to employment, in vocational training, in professional promotion, in the working conditions, including remuneration.
Article 11. Principle of complementarity.
In accordance with Article 83.2 of the Workers ' Statute, the undersigned organizations recognize the principle of complementarity of this General Convention with respect to those at the lower level.
Article 12. Distribution of materials at different levels of negotiation.
In accordance with the provisions of Article 84.2 of the Workers ' Statute at all times, the scheme for the distribution and coordination of negotiating powers between the different levels shall be applied in accordance with the following rules:
First.-The following subjects are reserved in the general field negotiation:
-General conditions of entry into companies.
-Workers ' hiring modes.
-Test Periods.
-Classification and professional categories.
-General principles of work ordering and delivery.
-Minimum standards for geographic and functional mobility.
-Professional training.
-Ascensuses.
-Maximum effective day.
-Concepts and structure of both wage and non-wage economic perceptions, as well as the minimum wage table by levels.
-Workers ' representation organs.
-Suspension and extinction of the employment relationship.
-Fhighs and penalties.
-Minimum standards for occupational health and prevention of occupational risks.
-Excessences.
-Conflict out-of-court solution procedure.
-Subrogation.
Second. In the field of negotiations at the provincial level or, where appropriate, autonomic, they shall be specific to collective bargaining:
-The mandatory content of the Conventions.
Its duration will be determined by the incorporation of the replaced person, which must be expressed and precisely identified at the time of the agreement of the contract. The permanence of the replacement after the replacement of the replaced worker will result in the temporary contract being transformed into an indefinite period.
C. Contract for specific works or services. For the purposes of Article 15 (1) (a) of the recast text of the Law on the Staff Regulations, the content or objects of this type of contract, of a general nature, are identified as tasks or services with a substantive nature. and sufficient, within the activity of the companies of this sector that can be covered with this contractual modality, the following:
c.1) Temporary congresses, parties, fairs and exhibitions, promotions and special sales of services and products of their own or third parties.
c.2) Through this contractual mode, and even if in a single contract of this typology, a worker may be employed to perform one or more detailed services, in one or more establishments, provided that they are located in the same city and its duration does not exceed three years.
D. Without prejudice to the essential conditions which the legislation grants to ETTs, in order to ensure the protection of workers from these entities, the proper functioning of the labour market within the sector itself and to prevent abuse and/or unfair competition, the undertakings affected by this Convention, where appropriate, will sign clauses in contracts with such organisations which specify and guarantee the application to those affected by economic conditions and employment established in this collective agreement, except in the case of the application of its Reference convention would be higher than those set out here.
E. A person who is declared invalid by the relevant body of social security which prevents him from performing his or her professional status in the undertaking shall be obliged if there are vacancies in other professional categories within the company. of the undertaking, whose functions as a whole may be carried out by that person, and upon request of the undertaking within the maximum period of 1 year from the date on which there was a final decision of the said invalidity, to the award of the vacant to the worker who has applied for it, except in cases where there is a preference The previous reinstatement request has occurred in time with job reservation.
Related work contracts are merely an enunciative, so companies will at all times accommodate the employment contracts that they subscribe to the modalities that correspond to their specific object and shall comply with the law in force at the time of their concertation.
CHAPTER III
Staff Subrogation
Article 29. Definition and assumptions.
1. Definition:
By this Article, staff subrogation is regulated among the companies in the sector affected by this Convention.
Therefore, in this convention, the subrogation is regulated as a conventional modality, so it is understood that the companies and workers are obliged to comply in the cases mentioned.
The signatory parties sign this agreement in order to comply with the principles of stability and quality of employment of workers in the sector, for which a mechanism of business subrogation for the one who succeeds or captures part of the activity of another operator, through contracts, in such a way that the staff of the enterprise transferor of the activity, will be assigned to the transferee company that will carry out the service, in the assumptions and conditions set out therein.
Hereinafter, the term "contracts" encompasses, in a generic manner, any form of procurement, both public and private, and identifies a particular service or partial or total activity that is to be performed by a a particular company, company or other entity or natural person is any legal form that they adopt in the following cases:
Completion, loss, rescission, redemption or reversal of a contract, and any other figure or modality, as well as division or grouping of contracts, always referred to a specific center of work, involving substitution between entities, natural or legal persons to carry out any of the activities referred to in the functional scope of this collective agreement.
2. Character: Mandatory application and acceptance for companies and workers.
Article 30. Staff affected.
1. All workers employed in the workforce, who carry out their work in a contract work centre affected by any of the above described and who have a minimum age of six months prior to the date of the contract. Date of the 1st official call of the tender for the award of the "contracts", published in the medium that in each case corresponds.
In companies that have only one working center in the province, the minimum age will be four months.
2. Workers, entitled to a job reserve, who at the time of the actual completion of the contract have a minimum seniority of the last six months prior to the first official call of the new contest for the the award of the "contract", published in the medium in each case, and are in a situation of IT or AT in excess, vacation, leave, maternal rest or similar situations.
As in the preceding paragraph, the minimum age is reduced to four months for workers from companies with a single working center in the province.
3. Workers with a contract of interinity who replace one of the workers referred to in the second paragraph, irrespective of their seniority and the duration of their contract.
All of the above assumptions must be credited and documented by the outgoing company or public entity to the incoming, by means of the documents and deadlines set out in this Article. next.
Those who would not have enjoyed their statutory holidays when the subrogation occurs, will receive in the liquidation that they practice the outgoing company whatever corresponds to them for such a concept, assuming the new adjudication only the part of the holiday that accrues to it.
"ad personam" rights. -The new company or contract to replace in the activity, or the owner of the facility that rescues, in both cases, whether it is in total or partial form, will be obliged to subrogate in the contracts of all the staff concerned, guaranteeing all rights acquired in terms of wages and personnel, which are duly accredited through collective agreement, agreement or agreement.
In order to facilitate the subsequent subrogation under the terms of this Convention, the business party shall ask the authorities or other public or private bodies for the purposes of the contract documents. include the information referred to the establishment and service object of the contest, which cole 49.1 (c) of the Workers ' Statute.
a.2) This contract may be concluded to cater for the staff's own holidays, circumstantial requirements of the market, accumulation of tasks or excess demand for services, even if it is the normal activity of the company.
a.3) General criteria for the appropriate relationship between the volume of this contractual mode and the total company template may be established in lower trading areas.
B. The contract of interment under Article 15 (1) (c) of the Stafntains at least: The number of workers attached, the antiques and their salaries, with respect to the Organic Law 15/1999, of Protection of Data of Character Staff.
Article 31. Information and communication.
The company affected by the total or partial loss of the activity, once the number of persons to be subrogated, according to the criteria set out above, will inform each of those affected by it and the representatives of the workers in the workplace if any.
The outgoing company must provide the incoming company with at least 15 working days in advance of the date of the start of the business of the incoming company, except that, in the case of the contract, if any, establish time limits for the delivery of different documents or that the owner of the service informs the outgoing person about the specific cessation of his activity in terms of shorter tirectorate or the representatives of the company, outside the usual time, in case of emergency and for the minimum time essential. If this is the case, the hours of equivalent rest time shall be compensated for in such a way that the maximum day laid down in the convention is not exceeded.
Level III:
3. Parking Agent. -It is the personnel who, with initiative and responsibility, under the supervision of the manager or superior hierarchical staff, execute the functions of the center of work or establishment to which it is attached, being of these the main ones:
The collection, valuation and collection of tickets, the collection of miscellaneous services, the verification and control of cash and cash machines, the practice of liquidations and cash payments, the delivery, custody and income of the collections and effects of all kinds, the sale of products or services and the collection of receipts. As well as the elaboration of documents necessary for the control and operation of the company.
Control of pedestrian and vehicle access to the workplace or establishment, giving notice in accordance with the instructions that you have received from all incidents immediately. The attention of all the installations of the same and their maintenance in perfect state of use by the public, carrying out their cleaning, putting in service or closing of motors, electric frames, lighting installations, lifts, tellers and other electronic devices, as well as primary maintenance, greasing, basic painting, cleaning of grids, sinks, bins. It keeps the box office, box and cashiers in good condition, executing its charge and recharging when it comes. To take care of the clients of the establishment who demand information and, in relation to the products or services that the company has at the disposal of the general public, will inform of their conditions and prices, take note of orders and will transfer them to his hierarchical superior. It will address the establishment's phone calls.
Order and place the cars inside the car park, provided the center's specifications so require.
In long-stay, VIP or analog-operated parking facilities, with the necessary training and the right vehicle, according to the implementing regulations, will displace customers in number and distance specified for the corresponding service.
For all purposes, it shall use the tools, machinery, computers and other appliances which the undertaking makes available to it and shall monitor and supervise the performance of the tasks or tasks which the undertaking decides to contract. externally.
4. Maintenance Officer. -It is that staff with knowledge about mechanics, electricity, electronics and other trades related to the facilities of the job centers or establishments of the company, has in charge its maintenance, care and repair. It shall monitor at all times its proper functioning and perfect state of conservation, carrying out such tasks himself or through his assistants, both the necessary checks and routine tests and the necessary repairs for the good progress of these facilities.
5. Control Center operator. -It is the one who manipulates and controls the computers equipped with operating systems capable of working in multiprogramming, mainly equipment and programs of a complex nature. They need to know how to detect and resolve operational problems by defining them as an operation or machine error. Display of cameras as support for the management and operation of car parks. Preparation of incident documentation. Communication to staff in the car park or incident detected in the car parks. Call attention and interphony. Reporting and statistics of the activity carried out at the control centre. Product sales, commercial car parks, product and service advisory, subscriber management.
Offer direct attention to customers 24 hours a day. Conduct marketing-telemarketing campaigns. Manage the established alarms (in control systems and infrastructures). Provide operational and logistical support to the farms in order to resolve incidents. Summary invoices. Collect the information necessary for the creation and/or maintenance of the CAC databases and the various information management tools.
6. Box office. -It is that staff who are trained to take charge of the collection of all the services that the company provides in the center or establishment to which it is attached.
Collects, values and charges all kinds of tickets, vouchers or bonuses, through the handling of computers, ATMs or other machines that the company puts to its service, and takes care of its elementary maintenance.
Caters for telephone calls from the center or from the establishment and information requirements of customers and the general public.
Maintains the good status and decorum of the box office or cashiers, executing its charge and recharging when applicable.
Verifies the control and box frame, delivers the collection or proceeds, following the superior instructions you receive, and elaborates how many documents are necessary for the control and operation of the company.
Controls and monitors accesses, both pedestrian and vehicle, by the monitors they have installed, giving notice by following the instructions you have received from how many incidents you detect.
Level IV:
7. Parking Auxiliary. -It is the personnel who among their functions are assigned the control of accesses, entrances and exits of vehicles and automatic devices installed for the control of entrances and exits, use of the machinery Provide the working centre and ensure its proper functioning.
You will know the use of force and light controls, so you will maintain the necessary level of light and ventilation in the workplace at all times.
It will have to take care of the telephone and the collection of the services provided, it will replace in its absences to agents and will carry out the normal cleaning of the premises is the putting in service or closure of motors, electric frames, installations of lighting, lifts, cashiers and other electronic devices, as well as primary maintenance, grease, basic paint, cleaning of grids, sinks, bins.
Order and place the cars inside the car park, provided the center's specifications so require.
8. Maintenance Assistant. -It is the worker or worker who, under the supervision of the maintenance officer, controls or repairs the machines and facilities of the various work centers or establishments, executing tasks related to their professional knowledge or specific trade.
9. Lavacoches. -It is the personnel who have as fundamental tasks the washing and basic maintenance of the vehicles, using machinery that to this effect will provide the company and carrying out the collection of the services provided, if so The center specifications so require.
In addition, under the guidelines of your superior in the establishment you will take care of the cleaning of premises, car parks and movements of vehicles, and other similar ones.
Article 43. Geographical mobility.
It is understood by geographical mobility, in accordance with the provisions of Article 40 of the Staff Regulations, both the posting and the transfer of the worker from the usual place where he provides services to another where the company's management interests its work supply.
In the case of the transfer of an establishment or working centre of the undertaking to another who requires a change of residence of the worker, the worker shall be entitled to the economic compensation of the costs incurred, in accordance with all this referred to in Article 40 of the Staff Regulations.
In the case of displacements, the provisions of Article 40.4 of the Workers ' Statute will also apply. The lower-level collective agreements shall establish the amounts corresponding to the allowances or compensation, both for travel and for the stay, or for any or all of the corresponding meals of the day outside the municipality of the usual address of the worker.
In both cases and if there is mileage in charge of the worker, he will be paid except improvement in the lower-level agreement, at a price per kilometer of the same amount as the current one and computable for each year, according to the regulations Prosecutor of the Ministry of Economy and Finance. If these rules are repealed, the Joint Committee will decide to replace them.
Article 44. Geographical mobility due to gender-based violence.
The female victim of gender-based violence who is forced to leave the job in the locality where she was providing her services, to make her protection effective or her right to comprehensive social assistance, have the right to take another job, of the same professional group or equivalent category, to have the undertaking vacant in any other of its workplaces.
In such cases, the company will be obliged to communicate to the worker the vacancies existing at the time or those that could be produced in the future.
The transfer or change of work centre will have an initial duration of six months, extended for only one other six months, during which the company will have an obligation to reserve the job which previously occupied the worker.
Finished this period, the worker will be able to choose between the return to her previous job or the continuity in the new one. In the latter case, the said reserve obligation shall lapse.
CHAPTER VI
Work promotion and promotions
Article 45. Promotions.
Regardless of the ability to recruit new workers, which in any case must be carried out by the companies in accordance with the provisions of this General Convention, a double system of promotion is established. professional within companies, namely:
a) By free designation of the Company Address.
b) By contest/opposition or objective assessment of professional skills and merits.
In the lower areas of collective bargaining, it will be specified which system will be the application and, if both, for which professional groups and categories one or another system can be used. The composition of the Evaluator Tribunal shall also be established, where appropriate by the call for a contest/opposition, which, without prejudice to the members indicated by the Directorate, shall always have the presence of a Delegate or a representative. of the staff.
It will be the ability of the representation of the workers to receive information of promotions and promotions that are carried out in the field of their company, as well as to be informed, with prior character, in case of convocation, of any contest/contest.
In the contest/opposition system and in the objective assessment, the companies, in the preparation of the computer system or score, will take into account the following objective circumstances: seniority of the worker in the company, appropriate qualifications and punctuation of the job, knowledge of the job to which it is intended, professional history and assessment of their professional activity, where appropriate, occasional performance of the group or category in question; and tests to be performed and their score.
The companies that are interested in this will be able to replace the contest/opposition and the objective evaluation by a system of evaluation of continuous professional training, followed by the appropriate courses of continuous training and occupational.
In any case, equal opportunity will be guaranteed for access to training courses when companies use the continuous assessment system.
Companies will not be able to condition the promotion of workers to ideological, sex, religion, race, political or union affiliation; equally, they will respect equal access to any job on the part of man and woman, without any discrimination, as well as temporary or temporary workers, who shall have only the limitations which, by reason of the contractual arrangements, have been legally established.
On an equal basis, it shall be sought to give preference for promotion to persons of sex less represented in the professional category concerned.
Jobs to be filled by personnel whose professional exercise carries command and special confidence functions, from the professional category of manager, at any level of organizational structure of the companies, will be covered by the free designation system.
CHAPTER VII
Concepts and salary structure
Article 46. Salary concepts.
All the economic perceptions of workers, in money or in kind, by the professional provision of their labor services, whether they pay for the effective work or the periods of rest that can be work, they will have the consideration of salary.
Article 47. Principle of non-discrimination.
The provision of equal value work should be paid with the same salary, without any discrimination.
Article 48. Non-wage concepts.
Unless the legislation in force at any time provides otherwise, the amounts received and provided for in the Workers ' Statute in respect of compensation and/or compensation shall not be considered as salary. expenses incurred as a result of their work, as well as the benefits and allowances of the Social Security protectivrticulo">Article 42. Temporary interruption of activity.
It will be understood as temporary interruptions of work those transitory, external to the will of the companies and their workers, that prevent the normal development of the activity of the centers of work, dependencies or establishments of undertakings, such as catastrophic situations, prolonged cuts in basic supplies, feasibility works and other similar ones.
In such cases, companies may, or maintain their employees in their work centers or in other establish e system and the compensation for transfers, suspensions, redundancies, contract and contract retirements.
Article 49. The salary: Your credit and your accreditation.
The provision of equal value work should be paid with equal pay, without any discrimination.
The salary, unless otherwise indicated by collective agreement of lower scope or contract of employment, will always correspond to a dedication of the worker for a normal productive activity and within the working day Normal. Therefore, whoever does not perform the day provided for in this general collective agreement, in an unjustified manner, will receive the salary proportionally to the actual and effective day that it develops.
The salary will be paid for months due on the last business day or at the latest within the first three days of the following month. The tax and social security charges borne by the worker will be met by the worker, with no pact to the contrary.
The staff may receive advances on account of the salary earned for the work done before the day comes for payment. In no case shall such advance be of an amount exceeding that of the net salary to be collected where appropriate.
The salary will necessarily be documented in a payroll or perceptions sheet that will be delivered to the worker, individually and as proof of the payment made. In any event, prior to the authorisation of the person concerned which may be revoked at any time, the undertakings may make the individual delivery of the document referred to by the appropriate telematic means.
This receipt, which shall be in accordance with the official model of the Ministry of Labour and Social Affairs, except that by collective agreement or by agreement between the company and the legal representatives of the workers has been established another model, which shall contain, with due clarity and separation, the different remuneration concepts that make up the worker's salary, as well as the corresponding deductions.
Article 50. Structure of salary.
The salary structure will distinguish the base salary and salary supplements.
Base salary shall be considered as the part of the remuneration fixed per unit of time or work, depending on the professional classification.
Wage supplements shall be considered to be the amounts which, where appropriate, are to be added to the basic salary, fixed according to circumstances relating to the personal conditions of the worker, to the work carried out or to the the company's situation and/or results.
Salary supplements will necessarily be included in some or some of the following modes:
-From job. They shall include those supplements which must be received, where appropriate, by reason of the characteristics of the job or the way in which they are carried out, which may be a different concept than the remuneration for their work. professional classification. These supplements are of a functional nature and their perception depends exclusively on the professional exercise in the assigned position. This group will include: currency bankruptcy, plus of languages, nocturnity, etc.
-Quality or quantity of work. They shall be collected, if appropriate, for a better quality or a higher amount of work, whether or not they are linked to a system of remuneration or performance.
-Of a personal nature. It will be those add-ons that are perceived by some kind of personal connection or characteristic. In this group it would be included the gratification by seniority and they will have the consideration of consolidables.
In terms of absorption and compensation, the provisions of the Workers ' Statute will be in place.
Article 51. Age.
The old-age complement will be governed by the following rules:
1. A non-cumulative percentage will be paid according to the following scale:
-At five years old, 5 percent will be collected on the base salary.
-At ten years old, 10 percent will be collected on the base salary.
-At fifteen years old, 15 percent will be collected on the base salary.
-At twenty years old, 20 percent will be collected on the base salary.
2. The payment shall be made on the monthly receipt of the month in which the age in question is satisfied.
3. Those who, at the entry into force of the present Convention, are in receipt of a supplement of seniority in excess of those resulting from this agreement, will continue to make the difference in their favour as a non-absorbable personal supplement and consolidable, upgradeable to the same percentage as your base salary, bringing the remainder to the personal seniority supplement defined in this Convention, which will be subject to the same.
Article 52. Extraordinary rewards.
There are three extraordinary annual bonuses to which all workers in the sector will be entitled, who will be paid at the rate of thirty days of base salary plus seniority. Such payments, which will be effective in the months of March (up to the 15th day), July (up to the 15th day) and December (until the 19th day), will become due within the following deadlines:
-March's Paga. Throughout the calendar year and on the basis of the wages in force at 31 December of the previous calendar year.
-July's Paga. From 1 January to 30 June of each year and on the basis of wages in force at 30 June of the current year.
-December's Paga. From 1 July to 31 December and on the basis of wages in force in December of the current year.
Article 53. Overtime.
These are the hours that are performed in excess of the contractually established day or, in any case, of the one that this General Collective Agreement establishes. Their execution shall be voluntary for the worker, unless they are required to repair claims, or in situations of extreme urgency and need or to prevent other extraordinary damage.
Extraordinary hours will be paid and/or offset in the way that it is agreed at a lower level.
Both overtime compensated overtime within four months of completion, such as those made to prevent or repair unforeseen and urgent damages, will not be taken into account for the calculation of the maximum number of legally authorised overtime.
Article 54. Minimum guarantee wages.
Without prejudice to the provisions of Article 84.2 of the Workers ' Statute, for territorial areas in which there is no Collective Agreement or the Collective Convention, the obligation is laid down for the companies to pay at least full-time workers and not subject to training contracts, the minimum guarantee wage that for each group and level is set out in the tables of this agreement.
Similarly, it is agreed to increase these salary tables from the previous year, in the following amounts:
-Year 2014: 0%.
-Year 2015: 1.25%.
-Year 2016: 1.5%.
-Year 2017: 1.5%, except that the actual CPI for 2016 was higher, in which case the salary tables will be increased by reference to this last year.
Minimum Warranty Wages Table
| Support Group 4. It shall have the same regard as marriage, the legally accredited couple in fact, in relation to the rights described herein, except for that of paragraph 1.a). Article 60. Licenses. Without prejudice to the provisions of Article 74 of this General Convention, companies that have their service workers carrying out duly approved official studies shall be obliged to grant up to five days of leave without pay, necessary to enable them to prepare examinations called by the centre concerned, on the grounds of the parties concerned to have the registration formalised. This unpaid license is applicable to the worker's obtaining of the driver's card. In lower areas of conventional negotiation, new licensing scenarios may be established or implemented without remuneration. CHAPTER IX Suspension and extinction of the employment relationship Article 61. Excess. Excess leave may be voluntary, enforced, or for the care of family members. The forced leave of absence and the care of family members shall entail the reservation of the job and shall take into account the duration of the job for the purposes of seniority, in the terms set out in the following paragraphs. All the surplus must be requested in writing and, unless otherwise legally available, the volunteers may only be used by the workers with an indefinite contract and who credit at least one year old in the company. 1. The compulsory leave shall be granted on the basis of the following cases: (a) By appointment or election in public office that makes it impossible for you to attend work. (b) For the exercise of union functions at a provincial or higher level, provided that the trade union centre concerned has legal representation in the sector and specific and specific field in which it is find the establishment or the company. 2. The leave of absence of family care, after notice to the company, shall be granted in the following cases: (a) Workers shall be entitled to a period of leave of absence of not more than three years in order to take care of the care of each child, either by nature or by adoption or in the case of a reception, permanent and preadoptive, even if they are provisional, from the date of birth or, where appropriate, from the judicial or administrative decision. b) A period of up to two years to care for the care of a family member, up to the second degree of consanguinity or affinity, which for reasons of age, accident or illness cannot be used by itself, and does not carry out activity retributed. The period of duration of leave of absence for family care may be enjoyed in a split form in one or more periods. The period of leave, in these two cases, will be computable for the purposes of seniority and the worker or worker shall have the right to attend vocational training courses during which he or she must be called by the employer, especially on the occasion of his reinstatement. During the first year you will be entitled to the job reserve. After that period, the reserve shall be referred to a post of the same professional group or equivalent level. However, when the worker is part of a family that has officially recognized the status of a large family, the reserve of his or her job will be extended to a maximum of 15 months in the case of a family. a large category, and up to a maximum of 18 months if it is a special category. Excess care for family members constitutes an individual right of workers, men and women. However, if two or more employees of the same undertaking generate this right by the same deceased person, the employer may limit his or her simultaneous exercise for justified reasons of operation of the undertaking. When a new causative subject will be entitled to a new period of leave, the beginning of the period will end the one who, if any, will be enjoying himself. The worker on leave must be rejoined to the undertaking within the maximum period of 30 calendar days following termination of the function or disappearance of the cause or reason originating in such a period of suspension. contract. Failure to do so within that period shall mean that the reserve of work shall be reduced and the worker shall have the same condition as the surplus on a voluntary basis, unless he gives proof of the right to the birth of a new period of Forced excess. 3. Voluntary leave will also be requested in writing and as far as possible to the company, and may be done by those workers who are linked to the company of more than one year. Voluntary leave may be granted by companies for a minimum period of four months uninterrupted and a maximum of five years. It shall always start on the first day of the month concerned and shall be deemed to be completed on the last day of the last calendar month of the requested period. The worker with voluntary leave retains the right to re-enter the establishment in the vacancies of equal or similar professional category to the one held by the employee at the time of his application, provided that manifest in writing, to the company, in an indubid form, its intention to return with a minimum advance of thirty calendar days to the effective end of the surplus, except the most beneficial individual pact agreed between the company and the worker. Article 62. Work contract suspension. Workers with work contracts suspended for the following causes shall be entitled to the job reserve: A. Maternity. In the course of delivery, the suspension will last for sixteen weeks, which will be enjoyed uninterrupted, expandable in the case of multiple delivery in two weeks more for each child from the second. The period of suspension shall be distributed to the person concerned, provided that six weeks are immediately after delivery. In the event of the death of the mother, regardless of whether or not she is carrying out any work, the other parent may make use of the whole or, where appropriate, the remaining part of the suspension period, computed from the date of delivery, and without that the party which the mother had been able to enjoy before the birth was neglected. In the case of the child's death, the period of suspension shall not be reduced unless, after the end of the six-week compulsory rest period, the mother is required to return to her job. However, and without prejudice to the immediate six weeks after the mandatory rest period for the mother, in the event that the father and the mother work, the mother is, at the beginning of the rest period, maternity, may choose to have the father enjoy a certain and uninterrupted part of the post-birth rest period either simultaneously or in succession with that of the mother. The other parent may continue to make use of the period of materoes not perform paid activity. 3. Reductions in working hours and absences for family reasons referred to in paragraph 2 of this Article constitute an individual right of workers, men and women. However, if two or more employees of the same undertaking generate this right by the same deceased person, the employer may limit his or her simultaneous exercise for justified reasons of operation of the undertaking. Your time-frame and the determination of the enjoyment period will correspond to the worker within your ord nity leave initially transferred, although at the time provided for the return of the mother to work, the mother is in a situation of temporary incapacity. In the event that the mother does not have the right to suspend her professional activity entitled to benefits in accordance with the rules governing that activity, the other parent shall have the right to suspend her employment contract. for the period which would have been for the mother, which shall be compatible with the exercise of the right recognised in the following Article. In cases of preterm birth and in those where, for any other cause, the neonate must remain hospitalized after delivery, the period of suspension, may be computed, at the request of the mother or, failing that, from the other parent, from the date of discharge. The first six weeks after the birth are excluded from that calculation, which is compulsory suspension of the mother's contract. In cases of preterm birth with a lack of weight and those other in which the neonate requires, for some clinical condition, hospitalization after delivery, for a period of more than seven days, the period of suspension is will be extended in as many days as the born person is hospitalized, with a maximum of thirteen additional weeks. In the cases of adoption, legal guardian for adoption and acceptance, the suspension will last for sixteen weeks uninterrupted, extensible in the case of adoption, legal guardian for adoption or Multiple reception in two weeks for each child from the second. Such suspension shall produce its effects, at the choice of the worker, either on the basis of the judgment in the court for which the adoption is constituted or on the basis of the administrative or judicial decision of a provisional or final acceptance, without No case of the same minor may be entitled to several periods of suspension. In case both parents work, the suspension period will be distributed to the interested parties, who will be able to enjoy it simultaneously or successively, always with periods uninterrupted and with the limits indicated. In the case of simultaneous enjoyment of rest periods, the sum of the rest periods shall not exceed the sixteen weeks provided for in the preceding paragraphs or those corresponding to childbirth, adoption, and multiple adoption or welcome. In the case of the disability of the child or of the child adopted, in keeping with the purpose of adoption or reception, the suspension of the contract referred to in this paragraph shall be for an additional period of two weeks. In case both parents work, this additional period will be distributed to the interested parties, who will be able to enjoy it simultaneously or successively and always on an uninterrupted basis. The periods referred to in this paragraph may be enjoyed on a full-time or part-time basis, subject to agreement between the employers and the workers concerned, on the terms which they regulate determine. In cases of international adoption, where the prior movement of the parents to the country of origin of the adoptee is necessary, the period of suspension, provided for in each case in this paragraph, may be initiated. up to four weeks before the resolution for which the adoption is constituted. The affected staff will benefit from any improvement in the working conditions to which they may have been entitled during the suspension of the contract in the cases referred to in this paragraph, as well as in the case of in the following paragraph and in Article 48.7 of the Staff Regulations. In the event of risk during pregnancy or risk during natural lactation, in the terms provided for in Article 26 of Law 31/1995 of 8 November, Prevention of Occupational Risks, the suspension of the contract the end of the day on which the suspension of the birth contract is initiated, or the infant shall be nine months old, respectively, or, in both cases, where the worker's inability to return to her previous post or to her another compatible with their status. By decision of the worker who is forced to leave her job as a result of being a victim of gender-based violence, the period of suspension will have an initial duration that will not exceed six months, except for that the proceedings of judicial protection result in the effectiveness of the victim's right of protection requiring the continuity of the suspension, in which case the judge may extend the suspension for periods of three months, with a maximum of eighteen months. B. Suspension of the paternity contract. In the case of child birth, for adoption, adoption or acceptance in accordance with Article 45.1 (d) of the Workers ' Statute, the worker shall be entitled to the suspension of the contract for 13 years. uninterrupted days, 20 days when the new birth, adoption or reception occurs in a large family, when the family acquires such a condition with the new birth, is for adoption, adoption or reception or when in the family has a person with disabilities, extendable, or those who allow the legislation at each moment, in the case of delivery, adoption or multiple reception in two more days for each child from the second. This suspension is independent of the shared enjoyment of the maternity rest periods regulated in the Article concerning the suspension of the maternity work contract. In the case of delivery, the suspension corresponds exclusively to the other parent. In the case of adoption, for adoption or acceptance, this right shall be for one of the parents only, at the choice of the persons concerned; however, where the period of rest laid down in Article 48.4 of the Staff Regulations Workers are fully enjoyed by one parent, the right to the paternity suspension may only be exercised by the other. Those exercising this right may do so during the period from the end of the child's birth permit, legally or conventionally provided, or from the judicial decision making up the adoption. or on the basis of the administrative or judicial decision of the host country, until the end of the suspension of the contract under Article 48.4 of the Workers ' Statute or immediately after the termination of that suspension. The suspension of the contract referred to in this Article may be enjoyed on a full-time basis or on a part-time basis of a minimum of 50 per 100, subject to agreement between the employer and the worker, and determine regulentarily. The person concerned must inform the employer of the exercise of this right as far as possible. Article 63. Termination of the work contract. The causes, forms, procedures and effects of both the suspensions and the collective extinctions of contracts of employment will be those established by the agreement of those who, according to the current legislation, are legitimated for this, and failing to do so by legislation itself. As to the individual termination of the contract of work by the will of the worked/a, it is established that whoever wishes to cease voluntarily in the service to the company will be obliged to put it in knowledge of it, in writing and complying with the following minimum notice periods: -30 calendar days for those who perform functions of area, section or center head, as well as for those who perform undergraduate, diplomatic or technical duties of both a medium or higher degree. -Fifteen calendar days, for other staff. The failure of the worker to comply with the obligation to pre-notify him in good time shall entitle him to be deducted from the final settlement of the amount of the actual salary of one day for each day of d days to work for a month, without cause to justify it. 3. Do not pay due diligence or care in the work entrusted, which may be a risk or prejudice to a certain consideration for the worker himself, his colleagues, the company or third parties. 4. Failure to comply with the rules on the prevention of risks and occupational health or non-compliance with business instructions in the same matters, where they pose a serious risk to the worker, his or her colleagues or third parties, as well as refuse to use the means of security provided by the company. 5. Disobedience to the superiors in any matter of work, provided that the order does not involve a vexatious condition or an attack against the sexual freedom for the worker, or the risk to life or health, both of him and of others colleagues. 6. Any alteration or falsification of personal or work data relating to the worker himself or his colleagues. 7. Carry out, without the appropriate permission, particular works in the work centre, as well as use for own uses facilities or property of the company, both inside and outside the work premises, unless it is counted with the appropriate authorization. 8. The occasional and voluntary decrease in work performance. 9. Provide reserved data or company information to outsiders, without proper authorization for it. 10. Do not immediately warn your bosses, your employer, or any of you, of any unusual failures, accidents or unusual events that you notice in your premises, machinery, premises or personnel. 11. Introduce or facilitate access to the workplace to unauthorised persons. 12. Serious negligence in the preservation or cleaning of materials and machines that the worker has in his or her capacity. 13. Occasional drunkenness during work, as well as being affected, also occasionally and during work, by substances such as drugs and/or drugs. 14. Use customers ' vehicles to sleep, listen to the radio, etc. 15. Sleep on hours of service. 16. Recidivism in any slight lack within the quarter, when there is a written warning from the company. Article 68. Very serious fouls. The following are considered to be very serious: 1. More than twelve non-justified punctuality errors committed during the three-month period or twenty-four months in six months. 2. Miss work more than two consecutive days or four alternate days per month without cause or reason to justify it. Employees of companies, establishments or workplaces have the right to meet in an assembly at the workplace, which will be convened and chaired in any case by the Business and/or Staff Committee, if (a) any person, or a worker of the centre or establishment who promotes it, provided that the transfer of both the call and the order of business to the management of the undertaking or centre of work has been carried out on a prior basis. It will always take place outside of working hours except in those job centers subject to service provision twenty-four hours of the day, in which case it will be agreed, by the promoters with the management, the moment of celebration of the assembly, as well as its approximate duration. The management of the undertaking shall provide appropriate premises if the working centre meets the relevant conditions for this purpose, otherwise it shall designate a suitable location within its premises for its conclusion. The company may refuse to authorize the holding of an assembly in its premises if it is not fulfilled by those who promote it, subject to the conditions described above; (i) to issue the Directorate if less than two months have elapsed since the last assembly held in the workplace, as well as in the situation of legal closure of the undertaking. Within the above limitation, no meetings or information meetings will be included, the only item of the agenda being the information on the negotiation of the Collective Agreements that apply to them. workers of the undertaking, establishment or centre of work concerned. In accordance with the provisions of Article 64, the workers elected to hold positions of local, provincial, regional or national responsibility in their union and who are required to devote themselves fully to the performance of such duties or tasks, may voluntarily apply for leave for the duration of such a situation, after which they shall be reinstated to their posts, provided that they are requested within one month from the date of their departure from the those referred to. Staff Delegates or members of Business Committees shall be entitled within each undertaking, to the accumulation of trade union hours, in favour of one or more of the members of the same company. For this purpose, on a monthly basis or for a higher time period, if this is determined by the Union to which the delegates or members of the committees belong, it shall be communicated in writing to the company in advance of 15 days at the beginning of the month in the to be made or to start the accumulation, indicating the person or persons in which the trade union hours are to be accumulated and attached the individual acceptance of the Delegates and Members of the transferring Committees of the credit schedule. Article 72. Rights of information and control of staff representatives. Without prejudice to the rights and powers granted by the Laws, the Company Committees and the Staff Delegates are recognized as: A. To be informed by the Company Address: -On target layoffs to track them. -Quarterly, at least, on the general evolution of the economic sector to which the company belongs, on the evolution of the business and the situation of its own exploitation and sales, on the planned program or budget and on the development of employment in its specific field. -Annually, in those companies that review the form of a merchant company, know and have at its disposal the Balance, Results Account, Memory and how many documents are made known to the partners. -Prior to their execution by the companies, on the restructuring of the same or their work centers, total or partial closures, definitive or temporary, reductions in day, transfers of all or part of business facilities, other collective and substantial changes in the employment contracts of their employees, as well as the plans for vocational training of enterprises. B. Depending on the subject matter: -On the implementation or revision of the systems of work organization and any of its possible consequences, studies of times, establishment of systems of premiums or incentives and valuation of jobs. -On the merger, absorption or modification of the legal status of the company, where this would affect significantly the volume of the employment acquired. -Know the models of written work contracts that are used, as well as the documents relating to the completion of the employment relationship. -On sanctions for serious and very serious misconduct and, in particular, on redundancies. -In relation to statistics on the index of absenteeism and its causes, accidents at work and occupational diseases and its consequences, rates of accidents, movement of cesses and income and promotions and newsletters Social Security contribution. -They shall also be entitled to receive information, at least annually, on the application of the right of equal treatment and opportunities between women and men to the enterprise, including information on the the proportion of women and men at the various levels of work, as well as, where appropriate, of the measures which would have been taken to promote such equality in the enterprise and, if an equality plan had been established, on the implementation of the same. C. To exercise control or supervision work on the following subjects: -Compliance with existing labour and social security standards, as well as on the agreements, conditions or uses of the company in force, formulating how many legal actions are necessary for the company and the specific bodies or courts. -The execution and implementation of the applicable training plans in the field of enterprises. -Business recruitment in the field of the company through the documentation that is required to be delivered to you. -To represent the representation of the workers on mission, while the latter lasts, as representatives of the workers of the user companies, for the purpose of making any claim in relation to the conditions of execution of the work activity, in all matters related to the provision of its services to them. Under no circumstances may an extension of the hours of time provided for the legal representation of the employees of the user undertaking be represented, nor can they be considered in the same way as workers ' complaints about the temporary work enterprise on which they depend. -In conjunction with the Directorate, on the implementation of the measures implemented, in order to maintain and increase the profitability and productivity of the facilities and the enterprises. -Compliance with the principles of non-discrimination, equality of the sexes and opportunities and a rational policy to promote employment. They shall ensure inof union and staff representatives Article 71. Rights of a general nature. The following are generally set: Companies in the sector will respect the right of every worker to freely speak, hold meetings, collect fees, and distribute union information, all in accordance with current legislation. Companies, those delegates of staff or members of works councils who participate as holders in the negotiating commissions of the collective agreements, will provide them with th ed in the terms provided for in Article 26.4 of the Law on the Prevention of Occupational Risks. In the event of risk during pregnancy or risk during natural lactation, in the terms provided for in Article 26 of Law 31/1995 of 8 November, Prevention of Occupational Risks, the suspension of the contract the end of the day on which the suspension of the birth contract is initiated, or the infant shall be nine months old, respectively, or, in both cases, where the worker's inability to return to her previous post or to her another compatible w workers: Four prevention delegates. In the companies of up to 30 workers the Delegate/a prevention will be the Delegate/to the staff. In companies of 31 to 49 workers there will be a delegate/prevention who will be elected by and among the staff delegates. Finally, the management of the company is obliged to inform the workers ' representatives periodically, if any, about the evolution of the health and safety of workers, rates of absenteeism and their (a) causes, accidents and their consequences, rates of accidents, studies carried out on the environment of work centres and, in general, on any circumstances which may have a collective or individual impact on the environment; relationship to the health of workers. Companies will develop a basic level course of occupational risk prevention for prevention delegates who lack the same status when they are appointed. According to the law in force, the Delegates of Prevention shall have the necessary credit for the development of their duties, not counting the credit they have as a staff representative. Article 76. Planning for Preventive Activity. The prevention of occupational risks must be integrated into the General Management System of the Company, in all its activities as well as in all the hierarchical levels of the company, through the implementation and application of a specific occupational risk prevention plan. The Workplace Risk Prevention Plan should include organizational structure, responsibilities, functions, practices, procedures, and necessary processes and resources (technical and human) to perform the Risk Prevention action in the Company, in terms that are regulated by law. The company must carry out an initial risk assessment for the safety and health of workers, taking into account, in general, the nature of the activity, the characteristics of the existing jobs and of the workers who will have to perform them. The initial risk assessment must complete the specific risks and activities of particular hazard. The risk assessment shall be updated when the working conditions change and, in any case, shall be submitted for consideration by the Committee on Safety and Health, and shall be reviewed, if necessary, on the occasion of the damage to health which is they have produced. When the results of the risk assessment make it necessary, it shall carry out periodic checks on the working conditions and the activity of the workers in the provision of their services, in order to detect situations potentially dangerous. Article 77. Resources for preventive activities. The company will ensure the presence in the work center of the preventive resources, whatever the mode of organization of those resources. Preventive resources must have sufficient capacity, have the necessary means and be sufficient in number to monitor compliance with preventive activities, and must remain in the workplace. during the time the situation is maintained to determine its presence. The company will designate a Worker for the prevention activities with the necessary capacity and experience in this type of activities, or at least perform the Training Course for the performance of the functions of Basic Level. You will also designate the person or persons in charge of emergency and first aid measures. The number of designated workers will be determined on the basis of the number of employees in the company and taking into account the different working shifts. The emergency measures will be responsible for implementing the provisions of the Emergency Plan. People in charge of emergency measures must be formally appointed and trained, and their appointment must be communicated to workers ' representatives. The Committee on Safety and Health will participate in the preparation, implementation and evaluation of prevention plans and programs. To this end, they shall be discussed, prior to their implementation and as regards their impact on the prevention of risks. Article 78. Protection of maternity. With a general nature in the protection of maternity, the provisions of the legislation in force at any time will be available. In addition, in case of risk during pregnancy and breast-feeding, if, after the risk assessment provided for in Article 16 of the Law on the Prevention of Occupational Risks, the results reveal risk for safety and the health or a possible impact on the pregnancy or breastfeeding of pregnant or newly born workers, the employer shall take the necessary measures to avoid exposure to that risk, through an adaptation of the conditions or the working time of the affected worker. Such measures shall include, if necessary, the non-performance of night work or shift work. If such an adaptation is not possible or if, despite such adaptation, the working conditions could have a negative impact on the health of the pregnant worker or the foetus, and so be certified and informed in the (a) the term 'occupational risk' is defined in Article 26 (2) of the Law on the Prevention of Occupational Risks, which must be passed on to a different job or function compatible with its state, and the employer must determine, after consultation with the workers ' representatives, the list of posts which are free of risks to these effects and the alternative positions to occupy. The change of position or function will be performed according to the rules and criteria of functional mobility. If, after applying those rules, there is no compatible job or function, the worker may be assigned to a post not corresponding to her group or equivalent category, but shall retain the right to the whole of the remuneration of their place of origin. If such change of post is not technically and objectively possible, or cannot reasonably be required for justified reasons, the employment contract may be suspended in accordance with the terms of Article 45.1 (d) of the Staff Regulations. of the Workers and entitled to the provision governed by Article 187 of the recast text of the General Law of Social Security, for the period necessary for the protection of their safety or health and as long as the impossibility persists to be reintegrated into your previous position or compatible with your status. The measures provided for in the first three paragraphs will also apply during the breastfeeding period, if the working conditions could have a negative impact on the health of the woman or the child and thus be certifiitions of their work, on the characteristics of their activity and their work centre, on machinery and technology. employed and on all other aspects of the work process that may in some way be at risk for their health or personal safety at work. In particular, companies are obliged to specifically train the worker on the risks which, where appropriate, may exist in a given job, as well as on the use of the means and conduct necessary to their removal. In companies or workplaces that have six or more workers, the parti ith their status. TITLE FIFTH Other enhancements Article 79. Disability and death insurance. The companies affected by this Collective Agreement are obliged within 30 days of the publication of this Collective Agreement, to constitute a Work Accident Insurance for the case of invalidity or death for all its employees affected by this Collective Agreement, securing a capital of 30,000 € per worker, for the years 2014, 2015 and 2016, and of 33,000 € for the year 2017. Until such time as the policy is formalized or the time limit is concluded, the amounts and conditions laid down in the preceding agreement shall continue to apply. Risks that occur on occasion or as a result of work will be covered according to the following breakdown: -Death. -Great Invalidity. -Absolute validity for any type of activity. -Total invalidity that incapacitates you for the exercise of your usual work. Companies will have a copy of the corresponding policy available to the workers ' representatives. Article 80. Deprivation or suspension of driving licence. For cases of deprivation of a driving licence for not longer than 12 months, of those workers who have to carry out their work with vehicles of the Company or in their own place of work it is necessary to be in possession of the same, the latter shall provide the person concerned with occupation in another post, even of a lower class if there is no such job, paying the remuneration corresponding to the new post plus seniority, and provided that the Following requirements: (a) That, the deprivation of the driving licence derives from events occurring in the exercise of the activity of driving outside the Company. b) That, the deprivation of the driver's license, be as a consequence of the commission of reckless, culpable or intentional crimes. c) That you have not been a beneficiary of this right in the company in the last 24 months. d) That, the deprivation of the driver's card, is a consequence of having ingested alcoholic beverages or taking of some type of narcotic. When the withdrawal of the driving licence is for a period of more than 12 months, the driver shall be deemed to be unfit for the work which was contracted and will automatically cause the company to leave the company in circumstances. objective and to apply what, in this respect, determine Articles 52 and 53 of the Staff Regulations. Article 81. Legal assistance. Given the characteristics and special circumstances in which this work is carried out, the management of the companies will provide the staff with the necessary legal assistance in case of any of the circumstances. following: -Judicial Complaint to the worker as a result of his or her professional performance. -Judicial claim of the worker/to third persons, provided that there is physical assault and in cases of verbal aggression, if there is evidence to allow their defense in judgment, In such cases, any worker who goes to a court or police station in his or her rest or vacation period shall be compensated for another period of rest or vacation equivalent to the time remaining in those cases. dependencies, upon presentation of the relevant supporting evidence issued by the competent authority in each case. Article 82. Equality plans. Both trade union and business representations acknowledge the importance of the implementation and dissemination of the Equality Act, and will therefore promote measures to achieve equal opportunities for women and men in the work, in order to contribute to the full development of the rights and capacities of people. This is an effort aimed at correcting the situations of inequality that may in fact be caused by any cause and in particular by reason of gender. The exit point shall be both the legal order as a whole and the guidelines of clear non-discriminatory character set out in this Convention as positive action measures. Transitional disposition. In those collective agreements of lower scope in which, for the various activities developed by the companies, in addition to the operation of car parks, other professional groups and categories have been defined (a) the scope of the vehicle car park activity itself or specific to, and in any event, its updating shall be the subject of specific collective bargaining in the field itself and for such differentiated activities; exclusively. Additional disposition first. The signatory parties to the present state collective agreement undertake to promote the constitution of the Negotiating Commissions in autonomous areas. Single end disposition. Inapplication and/or neglect procedure of the convention. Companies affected by this Convention in which economic, technical, organizational or production causes are present and which have the need to implement a non-application of the Convention, must be submitted to the following proceeding: (a) A period of consultation, between undertaking and the representatives of the workers entitled to negotiate a collective agreement as provided for in Article 87 (1) of the ET (in the case of absence of a collective agreement) will be submitted to legal representation of workers in the enterprise, they may attribute their representation to a commission designated in accordance with the provisions of Article 41.4 of the ET. (b) After the said period of consultation, in the event that the consultation is concluded, the latter shall be notified to the joint committee of the collective agreement and to the labour authority prior to the effective implementation of the agreement. The Joint Committee will analyse these agreements, in order to ensure that the provisions of the law are met, and may be challenged before the competent jurisdiction for the existence of fraud, wilful, coercion or abuse of rights in their conclusion. (c) If the period of consultations is terminated without agreement, the parties may submit the discrepancy to the Joint Committee of the Convention, which shall have a period of 7 days to decide, or to use the established in the inter-branch agreements at State or regional level provided for in Article 83 of the E. T, including the prior undertaking to submit the discrepancies to a binding arbitration. In the event that the parties have not submitted to the aforementioned procedures or have not resolved the discrepancies, the parties may submit their solution to the National Consultative Commission of Collective agreements, provided that the conditions of employment are not applied to workplaces located in the territory of more than one autonomous community or to the corresponding bodies of the autonomous communities, if it affects a only territory. With regard to the causes of inapplication provided for in Article 82.3 of the ET, they must be accredited in relation to the terms, economic conditions and conditions of execution, including the work, in the whole of the company affected. 
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