Having regard to the text of the VIII national collective agreement for the auto-taxi sector (convention code number 99010255011998), which was signed dated 15 March 2017, on the one hand, by the FEDETAXI Business Organisation, in representation of the companies in the sector, and, of the other, by the State Federation of Services for Mobility and Consumption of the General Workers 'Union (FESMC-UGT) and the Federation of Citizenship Services of Workers' Commissions (FSC-CC.OO.), on behalf of workers in the sector, and in accordance with the provisions of Article 90 Paragraphs 2 and 3 of the Law on the Status of Workers, Recast Text approved by Royal Decree-Law 2/2015 of 23 October, and Royal Decree 713/2010 of 28 May on the registration and deposit of collective agreements and agreements Job, this Directorate General of Employment, 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.

VIII NATIONAL COLLECTIVE AGREEMENT FOR THE AUTO-TAXI SECTOR

Article 1. Concerting parties.

The conditions set out in this Collective Agreement have been agreed between the FEDEtaxi Business Organization and the most representative trade unions at the sector level, the State Mobility and Mobility Services Federation. Consumption of the General Union of Workers (FESMC-UGT) and the Federation of Services to the Citizenship of Workers ' Commissions (FSC-CCOO).

The parties to this Convention have sufficient legitimacy, in accordance with the legal provisions in force to establish the scope of application, obliging all companies and workers to be included, during their period of validity.

Article 2. Functional scope.

This collective agreement shall apply to private undertakings whose activity is the provision of urban and inter-urban transport services of autocab.

Article 3. Personal scope.

This Convention shall affect all workers who, during their lifetime, work under the dependency and for the account of companies engaged in the activity of self-taxi, without any exceptions other than those of senior management and

Directive of 23 October 2015 on the common position of the Council of the European Communities on the common position of the European Union (OJ L 14, 30.2.2006, p.

Article 4. Territorial scope.

The conditions set out here will govern the employment relationships between the business owners and the workers to their service who develop the activity of autocatab throughout the national territory.

Article 5. Effective.

The rules of this Collective Agreement shall enter into force from 1 January 2017, regardless of their publication in the "Official State Gazette".

The validity of the Convention is established for a period of three years, i.e. from January 1, 2017 to December 31, 2019.

Due to maturity, it shall be extended on its own terms for successive periods of one year, provided that it does not make a complaint at least two months in advance of the date of its expiry or any of its extensions.

The complaint, which may be made by either party, shall be made by written communication to the other party, sending a copy of it to the competent body of the public administration for registration.

The maximum period for the start of the negotiation of the new agreement once it has been reported will be two months.

In the event that the negotiating parties are denounced and do not reach agreement, the Convention will remain in force in its entirety and in law, until it is replaced by a new agreement.

In the annual extension assumptions, the economic concepts of this agreement will be reviewed annually with the increase in the actual CPI of the previous year.

Article 6. Binding to the entire.

1. Considering that the agreed conditions form an organic and indivisible whole, the parties are obliged to maintain their respective commitments to all the clauses agreed upon.

It also states that the conditions agreed in the present Convention form an organic whole and indivisible as to what, in the event that by the labour authority and/or social jurisdiction it is declared null and void in all or part of the content of an article of this collective agreement, it would be reviewed in its entirety and could not have partial effects.

2. As not provided for in this Convention, the provisions of the Workers ' Statute and other existing legislation will be in place.

Article 7. Compensation.

The agreed conditions are compensable in their entirety with those that previously governed by improved or unilaterally granted by the companies (through improvement of salary and wages, premiums or fixed pluses, premiums and pluses). variables, and prizes or equivalent concepts), legal imperative, jurisprudential, litigation-administrative, collective agreement, covenant of any kind, individual contract, local or regional uses and customs or by any another cause.

Article 8. Absorption.

In view of the nature of the Convention, future legal provisions involving economic variation in all or any of the remuneration concepts, provided that they are determined in cash, will only have practical effectiveness if overall considered, exceed the total level of the Convention.

Article 9. Personal guarantee.

Personal situations that are in excess of the Convention shall be respected in the case of the Convention being strictly "ad personam".

Article 10. Reserve of marketable materials.

The matters referred to in Article 84.4 of the Workers ' Statute, the V Agreement on the Extractive Solution of Labor Conflicts (ASAC), Resolution of 10 February 2012, are reserved for the negotiation of the State-wide scope. of the Directorate-General for Employment, and the Fourth National Continuing Training Agreement (ANFC), Resolution of 3 March 2006, of the Directorate-General for Employment. The other matters referred to in this agreement, without prejudice to Article 84.2 of the Staff Regulations, shall be considered to be minimum, and therefore improved in the field of sectoral negotiations at the level of the less. After consultation of the territorial organisations, in the manner deemed appropriate by each of the parties, new subjects of negotiation, reserved to the state level, may be established.

Article 11. Direct efficacy.

The content of this Convention shall be of direct application in the terms specified therein, during its lifetime and in its scope, in the matters to be determined.

In those other content that require insertion or development, the provisions of the collective agreement of lower scope will be available, regardless of their denomination which will not be able to conculcate the criteria marked by the present Convention, in the case of sectoral agreements.

Article 12. Concurrency.

Under the provisions of Article 84.2 in relation to the 83.2 of the Workers ' Statute, the concurrency of rules with collective agreements at lower level shall be resolved, except as expressly provided in that convention, the content of the lower-level convention shall apply until the end of its natural life, at which time this convention shall apply.

However, given the large number of companies, almost all of them small, and in search of effective regulation of the sector in favour of fair and equal competition, the signatory parties to this Convention agree the desirability in relation to the negotiation of a lower level than the present agreement, including that of an undertaking, which should not contradict the minima laid down in the sectoral negotiation.

For actual and effective compliance with the above paragraph, the parties undertake to seek legal formulas that permit it.

Also, in case of legislative changes that would allow to establish an order of priority other than that established in Article 84.2, after the publication of Royal Decree 3/2012, regarding the concurrency of conventions, the parties agree to prioritize the regulation of working conditions of a sectoral nature (state, regional or provincial) over the enterprise, only being considered the latter, when in general terms the conditions agreed in those conventions improve sectorial. As long as these legislative changes are not made, the employers ' associations undertake to promote this principle of hierarchy between their associates.

Article 13. Professional classification.

Given the characteristics of the sector, a single professional group is created, which can be expanded to meet the needs of the industry.

1. Driver. It is the worker who conducts self-taxis for the carriage of passengers, carrying out the activities of an auxiliary and complementary nature, necessary and necessary for the proper provision of the assigned service.

By Convention of a lower territorial scope, auxiliary and complementary activities may be agreed upon.

Article 14. Revenue.

The income to the work will be made in accordance with the applicable provisions in this field. Companies in the sector undertake to promote stable employment, applying the principle of causation in recruitment. Temporary procurement shall be limited to those legally provided for and to those developed in this Convention.

Article 15. Test period.

The maximum duration of the trial period and for the professional driver group, to be arranged in writing, shall be four months. Periods of duration of the test period, lower than those set out here, may be established in lower trading areas.

Article 16. Modalities of procurement.

The income of the workers in the companies may be made under the terms of the contract, the legally provided, which is applicable and best meets the needs and the interest of companies and workers.

In the cases that some of the companies affected by this agreement, will make personnel hiring through temporary work companies, with the purpose that the representatives of the workers perform functions of protection of working conditions, training and occupational health, in the absence of the trade union organizations which are signatories, must make known to them, within the maximum period of three days, the contracts for the making available and contracts of employment of the affected workers.

Article 17. Eventual contracts.

The maximum duration of contracts due to market circumstances, accumulation of tasks or services, even in the case of normal business, will be nine months within a period of 12 months or 12 months in a period of 12 months. 18 months.

At termination, the worker/a shall be entitled to compensation of twenty days per year, in proportion to the period of service delivery.

Article 18. Substantial modification of working conditions.

The Company's management, when there are proven technical, organizational and/or economic reasons, may agree to substantial changes in working conditions. They shall be considered to have substantial changes in working conditions, including those affecting the following subjects:

a) Workdays.

b) Horarios and distribution.

c) Shift work regime.

d) Pay and salary system.

e) Work and performance systems.

(f) Functions, where they exceed the limits for functional mobility provided for in Article 39 of this Law.

The decisions agreed upon for the substantial modification of the working conditions shall be notified to the worker, in accordance with the terms laid down in the Staff Regulations and the Joint Committee of the Convention, the latter. by letter submitted by registered mail.

Article 19. Business succession.

The change in ownership of the company will not by itself extinguish the employment relationship, leaving the new employer subrogated in the rights and obligations of the former. Where the change takes place by means of an interliving act, the transferor and, failing that, both jointly and severally responding for three years of the work obligations arising prior to the transfer and which have not been satisfied.

The transferor, and the transferee shall also be jointly and severally liable for the obligations arising after the transfer, where the transfer was declared a crime.

Article 20. Notice, settlement and finiquito.

Both the employer and the worker must communicate in writing their desire not to renew the contract and/or the voluntary decision to terminate the employment relationship that binds them.

Such communication shall be made with a minimum of fifteen calendar days in advance of the date of termination of the contract, whichever is the duration of the contract.

If this is not done, each day that is missing, must be discounted and/or paid, as appropriate, from the settlement of proportional parts that accrues and/or pays the worker/to.

1. The receipt of the employment relationship between the undertaking and the worker shall be in accordance with the model set out in Annex I to this Convention.

2. Any cessation or cessation notice shall be accompanied by a proposal for a decision in the abovementioned model. When used as a proposal, it will not be necessary to complete the part that appears after the date and place.

3. The receipt of finiquito shall be issued by the employers ' organisation or the undersigned, numbered, stamped and dated trade union organisations and shall be valid only within 15 calendar days following the date on which it was issued.

4. Once signed by the worker, the receipt of finiquito will take up the liberating effects that are of its own.

5. In the case of termination of contract by the worker's will, paragraphs 2 and 3 of this Article shall not apply.

6. The worker may be assisted by a representative of the workers or, failing that, by a trade union representative of the trade unions who are signatories to this Convention, in the act of signing the receipt of the bill.

Article 21. Duration and computation of the day.

The maximum effective working day will be 1,790 hours a year, and in its distribution a 40-hour-weekly computer must be respected, all unless otherwise agreed.

Between the end of a day and the beginning of the next day, at least twelve hours.

Unless otherwise agreed by the parties legitimized, the weekly rest will be enjoyed in a manner that coincides with the weekly rest planned for the vehicle by the regulations issued by the local corporations, or entities Community where there are vehicle rest shifts. Whenever this is possible, the said rest would be produced in two consecutive days.

In the case, that the regulations reviewed, party agreements, etc., do not establish anything in this respect, the weekly rest will be in accordance with the provisions of article 37.1 of the Staff Regulations.

Article 22. Overtime.

It shall be understood as such that, being of effective work, they are carried out on the maximum working day provided for in this collective agreement or in the lower field (exception made from the assumptions of irregular distribution of the working day). Their number may not exceed 40 hours per year.

Extraordinary hours, unless otherwise agreed, will be compensated for breaks so that each hour worked, will be equal to two hours of rest. In the case of cash compensation, they shall be paid in amounts equal to the value of the ordinary hour.

The signatory parties undertake to study the initiatives and implement measures to eradicate the realization of overtime, within six months of the signing of this Convention.

Article 23. Holidays.

The annual vacation will be thirty-one calendar days, and can be fractionable by agreement between company and worker, as provided in the collective agreements of lower scope.

In any case, the workers who request it will enjoy at least 50% of their vacation in the period from June 15 to September 15.

In either case, it will be part of the worker's holiday, the periods that the regulations emanate from local corporations or community entities, establish as a period of holiday or stop (a) specific licences for certain licences, the purpose of which is to adjust the supply of the service to seasonal demand. In such cases, that period shall be understood as being part of the annual holiday which would be the case for the employer to fix.

The worker who starts working in the company within the year will enjoy the corresponding share of the holiday.

The remuneration of the holiday period shall be determined by collective agreement of a lower level with respect, in any case, of the rules in force.

Workers who work at the premium or the collection will receive the average of the amount obtained in the last three months prior to their enjoyment.

Article 24. Licenses, permissions, and excess.

The worker, prior notice and subsequent justification, may be absent from work entitled to remuneration, for some of the reasons and for the following time:

a) 18 calendar days in case of marriage.

(b) Two days for the birth of a child or for the death, accident or serious illness requiring hospitalization or surgical intervention without hospitalization requiring household rest to the second degree of consanguinity or affinity. Where, for this reason, the worker needs to make a posting to the effect or in the case of family members or persons living with the worker, the time limit shall be four days. In cases of serious illness and/or hospitalization, the corresponding permit may be enjoyed in a discontinuous manner prior notice to the company. This permit may be divided into half-days at the request of the worker.

c) A natural day by marriage of siblings, children and parents, coincident with the day of the wedding.

d) A natural day by moving from your usual address.

e) For the time indispensable for the fulfilment of an inexcusable duty of a public or personal nature. Where it is established in a legal or conventional rule for a given period, the duration of the absence and the economic compensation shall be available.

When the performance of the duty referred to above involves the impossibility of the provision of the work due, in more than 20 per 100 of the working hours in a period of three months, the company may pass to the worker (a) the situation of surplus regulated in Article 46 (1) of the Staff Regulations. In the event that the worker, due to the performance of the duty or the performance of the charge, receives compensation, the amount of the same of the salary to which he was entitled in the company will be deducted.

f) To perform trade union or personal representation functions, in legal or conventionally established terms.

g) For the time required for the review of the meat of driving and psychotechnical examination.

h) For the time indispensable for the conduct of prenatal tests and preparation techniques to be performed within the working day.

i) For the time indispensable for the accompaniment of children under the age of 14years and persons dependent on healthcare.

j) For the time indispensable for the care of children under 18 years of severe illness.

k) Up to three days a year for adoption or acceptance procedures. Where it is necessary for them to move abroad, for the necessary time, duly justified.

(l) Workers, who are breastfeeding a child under 12 months of age, will be entitled to an hour of absence from work, which may be divided into two fractions. The woman, by her will, will be able to substitute this right for a reduction of her working day in half an hour for the same purpose. This permit may be enjoyed by either the mother or the father in case both work.

m) Two days of unjustifiable own affairs.

n) All workers, advising on possible advance notice will be entitled to three days of unpaid leave per year.

Article 25. Holidays.

Work on holidays will be offset by a rest day and a plus with the following amounts:

For the year 2017 will be 24.48 euros.

For the year 2018 will be 25.02 euros.

For the year 2019 will be 25.65 euros.

The amounts reviewed for the years 2018 and 2019 may be increased in the case that:

2018, in the assumption that the actual CPI for the year 2017 will exceed the initial increase made of 2.2%, the amount reviewed would be updated with the actual CPI for the year 2017.

2019, in the assumption that the actual CPI for the year 2018 will exceed the initial increase made of 2.5%, the amount applicable in the previous year would be updated with the actual CPI for the year 2018.

Article 26. Wage guarantee.

Without prejudice to the provisions of Article 84.2 (a) of the Staff Regulations, be any formula of remuneration which, subject to the wage structure laid down in this Convention, is agreed upon in the Lower-level sectoral collective agreements shall in any event be respected the amount of the minimum wage guaranteed in this collective agreement.

Article 27. Effectiveness.

The lower-scope collective agreements, whatever their denomination, will adjust their wage structure to the content of the present rules that will be forced into them.

Article 28. Concept of salary.

All the economic perceptions of the workers, in money or in kind, by the professional provision of the employment services for others, will be considered salary, as well as pay for the effective work, whatever the form of remuneration, or the periods of rest you can use as work. In no case will the salary in kind exceed 30 percent of the worker's wage perceptions.

They will not have the legal consideration of salary the amounts perceived by the worker/the following concepts:

Indemnities or allowances for expenses that would have to be incurred by the worker as a result of his or her work activity, such as allowances (the amount, amount and distribution of which will be agreed in the scope of the agreements) (a) the cost of the work, the costs of posting, the cost of posting, the wear and tear or deterioration of the work's own property, benefits and allowances for social security and improvements, compensation for transfers, suspensions or dismissals, displacements and contract extinctions, as well as any other concept to be determined by the legislation in force at any time.

Article 29. Wage structure.

In the structure of the remuneration of the employed person, they shall be distinguished:

The base salary.

The add-ons of the same.

Base salary, part of the remuneration of the worker/a, fixed per unit of time or work, established according to his professional classification.

Wage supplements shall be considered to be the amounts which, where appropriate, are to be added to the basic salary, fixed on the basis of circumstances relating to the personal conditions of the worker, to the work done or to the the company's situation and/or results.

Salary add-ons will necessarily be included in some or some of the following modes:

Job position. They shall include those supplements which he/she must receive, where appropriate, by the worker/by reason of the characteristics of the job or the way in which he/she carries out his/her professional activity.

Quality or quantity of work. The worker/a shall receive such supplements if, for reasons of a better quality or a higher amount of work, they are to be joined to an additional system of pay for the extension of the day. They will also have this consideration the amounts perceived in function of the company's situation and/or results.

Of a personal nature. It will be those add-ons that the worker perceives for some kind of personal connection or characteristic.

Article 30. Old-age add-on.

Workers affected by this Convention shall enjoy a personal supplement for seniority whose accrual and amount shall be agreed upon in the lower-scope Conventions.

The following rules apply in the absence of a pact:

From the date of entry into force of the Sixth Collective Agreement, the seniority supplement shall be payable for five years payable at the rate of 10 per 100 of the salary of the Convention of application or, in the absence thereof, of the salary At any time in force, interprofessional minimum, consolidating in its present amount the allowances for seniority already accrued and acquired until its publication.

Your credit will be paid from the first day of the month following that in which the five-year period is completed.

Article 31. Nocturnal.

Night work will be considered to be performed between twenty-two hours and six hours. Without prejudice to agreements which may be concluded in areas of lower negotiation, the hours worked during the period from 10 p.m. to six in the morning shall have a specific remuneration equivalent to 25 per cent. 100 of the salary of an agreement or, failing that, of the minimum inter-professional salary, paid by reason and pro rata of the effective number of hours carried out during that period.

Article 32. Extraordinary rewards.

There are two extraordinary bonuses, called extraordinary pay of July and extraordinary pay in December with annual accruals to which all workers in the sector will be entitled. The extraordinary rewards shall be 100 per 100 of the base salary of the implementing convention plus the age corresponding to it.

He/the worker who does not carry services one year will become the proportion of the proportion to the time worked, the rewards being computed, for the purposes of his accrual since 1 August of July and from January 1 the December.

It may also be agreed, in areas of lower negotiation, where the system of remuneration is not provided for by incentive or participation in the collection, the establishment of an extraordinary payment of benefits, the accrual and value shall be set at the relevant trading level.

In the case of the establishment of a remuneration system for the participation in the collection or joint, it shall be understood and compensated for the benefit pay, unless otherwise stated.

By express agreement between the companies and their workers, it will be possible to prorate the perception of all or some of the mentioned pages monthly.

Article 33. Currency break.

The amount and conditions of collection of this allowance shall be set out in the various lower-level collective agreements.

Article 34. Global wage pact on the proceeds.

Without prejudice to the provisions of the previous articles, the lower-level collective agreements, and in the light of the specificities of the sector, will be able to establish global wage covenants by means of a percentage of Participation in the daily gross collection obtained by the worker/with the vehicle by the driver, in accordance with this concept, which was collected according to the current rates included in the supplements, and after deduction of the amount of the value added tax, the whole of the remuneration is compensated for they refer to Articles 23, 25, 28, 29, 30, 31, 32 and 33 of this Agreement, including, therefore, the remuneration of monthly maturity, including public holidays, weekly rest periods or the cessation of the vehicle for failure and other reasons, extraordinary rewards and holidays, which will be enjoyed in any case.

The global wage pact may also be formalized by a mixed system of pay that includes a base salary increased by a percentage of profit participation in the terms set out in the previous paragraph. In such cases, the amount of salary supplements and extraordinary bonuses shall be based on the basic salary set out in the respective agreement. In such cases, a minimum monthly collection will be negotiated, the average of which will be obtained by quarterly computation.

shall not be taken into account for the purpose of determining the collection of the minimum guaranteed collection, thus being excluded from computation, the days in which the vehicle does not provide service due to illness of the driver, failure of the vehicle or any other non-imputable to the worker.

In the absence of a collective agreement at a lower level, it may also be possible following the agreement between the company and legal representation of the employees, or in the absence of a company and a worker. In such cases, the agreements will be formalized by written with at least the following minimum content: the parties to the agreement, the validity of the contract, the workers concerned, the agreed percentages of the collection, the frequency with which it is settled and the worker's obligation to sign the Monthly salary sheet payable, as long as it has been received by the latter system the economic amount reviewed in the system.

Article 35. Settlement of the collection obtained.

Without prejudice to other periods for the parties concerned, the drivers must proceed to the daily liquidation, in their weekly defect, of the collection obtained with the employer.

The workers will be obliged to fill in the daily part of the collection, sign it and hand it to the employer, together with the portion of the collection obtained in the period, if any, corresponding to the latter. The employer, for his part, will be obliged to submit a copy of the collection part, once sealed and signed by himself.

At the end of each month, the Company will be charged the settlement corresponding to the monthly salary of the worker, in accordance with the provisions of this collective agreement.

Article 36. Impossibility of delivery.

In cases of damage to the vehicle, damage to the vehicle or administrative formalities, the worker who is unable to provide the benefit will receive the salary from the agreement of the application of the age or, where applicable, the salary guaranteed in this collective agreement.

When the immobilization is presumed to be more than 5 days, the parties will go to the intended procedure for the suspension of working relations with the labor authority.

If the company does not make the vehicle available to the worker for reasons not justified, it will be obliged to pay the worker/base salary, plus an age of 25% of the salary, during the days that the worker is present. circumstance.

The company will express, in both cases, the cause by which the vehicle does not make available to the worker. All this, without prejudice to the corresponding actions as a result of their right to work.

Article 37. Insurance policies.

Companies are forced to hire for their workers, accident insurance. In all cases, the reasons for which the reasons for the accident are to be caused by an accident at work and their amounts shall be as follows:

In case of death or absolute permanent incapacity for all work, 45,000 euros.

For total permanent invalidity for your usual profession, 35,000 euros.

Such amounts shall be charged by the beneficiaries of the victims or the victims, in accordance with the rules of social security, or by the beneficiary expressly appointed by the insurance holder.

Companies shall have a maximum period of two months, from the date of publication of the Convention, in order to adjust the policies contracted to the hedges mentioned in this article.

Article 38. Union rights.

(a) Workers may meet in assembly outside the working hours and at the premises of the undertaking, if the conditions of the same permit, at the request of the representatives of the workers or the trade unions more representative of the sector, subject to authorisation by the sector, which shall grant it, except in the cases provided for in the Staff Regulations, where it has been notified in sufficient time (48 hours) and there is no serious impediment.

b) Business union sections are recognized.

c) Companies will allow in all their breadth the tasks of affiliation propaganda and union information, provided that they do not alter the work process under normal circumstances.

(d) By the characteristics of the dispersion of the companies, the trade union hours of the workers ' delegates and/or the members of the works councils may be accumulated in any of the delegates prior to the transfer of the same by part of the delegates who so wish. Likewise, and due to the characteristics of the sector, the hours employed by the legal representatives of the workers, when they are employed in carrying out their trade union work, are set their economic credit in the amount of 6 euros/hour.

When the hours employed by the trade union representatives are employed in organizations related to the taxi sector (representing the sector itself), they will be paid by the business representatives of the sector, signatories to this Convention.

e) Quota: Companies are required to discount the union fee for payroll, provided the affected worker requests it in writing.

(f) Companies shall have a bulletin board available to the delegates of the employees or members of the business committee.

Article 39. Joint Commission.

Both negotiating parties agree to establish a Joint Commission as an organ of interpretation, reconciliation and monitoring of compliance with this Convention.

the Joint Committee is composed of four representatives of trade union organisations which are signatories to the collective agreement and four representatives of the employers ' organisations, who, among them, elect one or two secretaries.

This Commission will be able to use the occasional or permanent services of advisers in all matters within its competence. Such advisers shall be freely appointed by each of the parties.

The Joint Committee that is agreed will be central to the entire state. In accordance with the nature of the matters submitted to it, the Joint Committee may delegate to decentralized joint committees at the regional or regional level. However, when the issues to be dealt with in the interpretation and concurrence of the agreement with lower-level agreements or covenants shall be the sole responsibility of the Central Joint Committee.

They will proceed to convene the Joint Commission, interchangeably, any of the parts that integrate it.

Over the course of the six months following the entry into force of this collective agreement, and in accordance with the requirements regarding difficulties and the calendar of action that the diverse territorial structure of our sector shall be the decentralised Commissions referred to in the previous Article, which shall be applicable in order to its operation as provided for in the preceding paragraphs.

The Joint Commission shall have its seat for the purposes of notifications in the direction of the Business Associations and trade unions that are signatories to this Collective Agreement:

FEDETAXI, Calle Santa Engración, 84-86, 28010 Madrid. Tel. 914,45,32.81.

CCOO, Calle Ramírez Arellano, number 19, 3rd floor, 28043 Madrid (road sector) Tel. 915 40 93 05, fax.915 48 16 13.

UGT, en Avenida de América, 25, 8. ª planta, 28002 Madrid. Tel 91 589 71 21, fax 91 589 71 20.

Article 40. Functions.

The following are specific functions of the Mixed Commission:

1. Interpretation of the Convention and the exclusive solution of concurrency problems with lower-level rules or conventions.

2. At the request of the parties, it shall mediate, reconcile or arbitrate in the treatment and settlement of any collective issues and conflicts that may arise within the scope of this collective agreement.

The Joint Committee shall only understand the consultations which, on the interpretation of the Convention, mediation and arbitration, individual or collective, are submitted to it through one of the signatory organizations.

3. Monitoring the collective compliance of the agreed upon.

4. To understand, in a prior and compulsory manner, the administrative and judicial route on the interpretation of collective conflicts arising in the companies affected by this Convention by the application or interpretation thereof.

5. The following periodic reports may be provided to the Joint Committee by the signatory parties to this Convention, or by other parties which may accede to the national Autocab Transport Convention:

5.1 Analysis of the economic-social situation with specification of the subjects relating to employment policy and market, vocational training, investment, technological conversion, external market, level of productivity, competitiveness and profitability of the sector.

5.2 Report on the degree of application of the Collective Agreement, difficulties encountered at the company level and proposal to overcome them. It shall be drawn up by the members of the Commission on an annual basis.

5.3 Analysis of the evolution of employment on a quarterly basis in the different provinces affected by the agreement, being able to attend the meetings representatives of the affected provinces.

6. To develop in the scope of the convention the system and procedures for resolving conflicts in accordance with the contents agreed in the corresponding section and to make the necessary steps before the Administration, in order to obtain aid to allow for greater de-judicialisation of collective disputes.

7. Appointment of a working party, within the same Commission, to carry out the study of the issues relating to occupational diseases and to safety and hygiene, from the moment of entry into force of the law regulating them.

8. The National Joint Committee shall ensure that the provisions of this Convention on employment are complied with, making the progress of recruitment known annually.

9. Intervention at the request of any of the parties concerned, in case of disagreement in the substantial modification of the working conditions established in collective agreement, in those territorial units where it is not developed negotiation at a lower territorial level, and therefore the content of this Convention is directly applicable to it. For a better analysis of the situation in order to find an agreement between the parties, the supporting documentation of the proposed amendments will be forwarded to the Joint Commission. In cases where no agreement is reached within the Joint Committee, the dispute settlement procedures shall be laid down in the terms laid down therein.

Article 41. Disciplinary regime.

Workers may be sanctioned by the Company's Directorate under job defaults, in accordance with the graduation of faults and penalties set forth below.

The punishment of serious and very serious faults will require written communication to the worker, stating the date and the facts that motivate it. They shall also be notified to the legal representative of the workers, if any.

a) They will be mild, the following:

1. The incorrectness with the public and peers.

2. Neglect or neglect of work compliance.

3. The continued and unjustified delay in the delivery of the recovery as provided for in Article 35 of this Convention,

4. Failure to communicate, in good time, the lack of support for work with justified cause, unless it proves the impossibility of doing so.

5. Lack of assistance to work, without justified cause, of one day in a month.

6. Repeated faults of punctuality, without justified cause, of three days in a month.

7. The uneasiness or use in the work of inappropriate clothing to the municipal regulations of application.

b) Serious faults, the following:

1. Disobedience at work or disrespect to peers or superiors.

2. Or of vehicles, material and documents of the services, which produces or may cause deterioration or injury.

3. Failure to comply with the rules, orders or instructions of the superiors, in relation to the specific obligations in the workplace and the negligence resulting from or may result in serious injury or non-compliance or the refusal of a determined service.

4. The delay in more than three days in the delivery of the collection in accordance with the provisions of Article 35 of this Convention.

5. Failure to comply with the orders or instructions or abandonment of the measures taken in the field of occupational health, where health risks and physical or mental health risks may arise.

6. Do not comply with the traffic, road safety and/or municipal ordinances provisions, provided that it is a repeat incident and the corresponding serious sanction is derived from the competent authority in the matter.

7. Lack of assistance to work, without justification, for three days in a month.

8. The abandonment of work without justified cause.

9. The simulation of sickness or accident at work or not, after reporting by the competent authority.

10. The recidivism in minor faults, in number of three, even if they are of different nature, within a month, when they have mediated penalties for the same.

c) They will be very serious, the following:

1. Fraud, disloyalty and breach of trust in the services entrusted.

2. The exercise of professional, public or private activities during the working day and/or use of the company's own elements.

3. The lack of non-justified assistance to work more than three days in a month.

4. Non-justified punctuality faults for ten days or more in one month, or for twenty days in a semester.

5. The recurrence of serious misconduct, two of the same nature and three of a different nature, when they have mediated sanctions for them, in the period of one year.

6. The consumption of alcohol exceeding the maximum established for driving and the suspension of the corresponding driving licence for the driving of the taxi.

7. Penalties with a firm judicial sentence, as a result of offences or offences for the possession, trafficking and/or consumption of narcotic drugs during the driving of the vehicle self-taxi.

8. The penalty to the driver of the taxi for a firm court judgment, as a result of offences committed against the occupants of the vehicle.

9. Recklessness or negligence in the act of service as a result of the failure to comply with the traffic regulations, road safety or municipal ordinance, if this involves a risk of accident for itself, the occupants of the vehicle or other users of the vehicle. the public route.

Sanctions:

a) For minor faults: Amonstation in writing.

b) For serious faults: Amonstation in writing. Suspension of employment and salary of two to ten days.

c) For very serious faults: Amonstation in writing. Suspension of employment and pay of 10 to 40 and five days, without prejudice to the application of the penalties provided for in the Staff Regulations for non-compliance with work of a very serious nature.

Prescribing the violations and faults.

With regard to the workers, the minor faults will be prescribed at 10 days, the serious ones at twenty days and the very serious ones at sixty days from the date on which the company became aware of its commission and in any case the six months of the mission.

Article 42. Conflict resolution procedures.

The signatories, in compliance with the provisions of Articles 3.3 of the agreement on out-of-court settlement of labour disputes and the regulation that develops it and on the basis of the provisions of Article 92.1 of the recast text the Law of the Workers ' Statute, agree to join in its entirety and without any conditioning to the V Agreement on the autonomous solution of collective conflicts or in force at each moment, as well as to its implementing regulation, linking it In the case of the Commission, the Commission has taken the view that it is not a question of the autocab.

For conflicts occurring in lower territorial areas that have their own agreement and in relation to it, the systems of out-of-court settlement of conflicts that exist in each of the Autonomous Communities in question.

Article 43. Procedure for inapplication and/or neglect of the convention.

In companies affected by this Convention in which economic, technical, organizational or production causes are present and have the need to implement a non-application of the convention, they must submit to the following procedure:

Should be subject to 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 E. T (in the case of the absence of legal representation of workers in the undertaking, they may attribute their representation to a commission designated in accordance with the provisions of Article 41.4 of the E.

.

When the period of the consultation is complete, the agreement must be notified to the joint committee of the collective agreement and the labour authority. 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.

If the query period will end without agreement, the parties will be able to:

to submit the discrepancy to the Joint Committee of the Convention, which will have a period of 7 days to decide

or, to use the procedures laid down 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 an arbitration binding.

If the period of consultation ends without agreement, and the parties have not submitted to the above procedures or have not resolved the discrepancies, the parties may submit their solution to the dispute. (a) National Advisory Committee on 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 single territory.

With regard to the causes of the application, and without prejudice to the provisions of Article 82.3 of the E. T, the signatory parties to this Convention, given the peculiarity of the sector, atomized and with great the number of small enterprises, where in most cases it is impossible to reach the minimum legally established for the designation of trade union representatives, the commitment to supervision by the Joint Committee of the European Union is a priority. all cases where there is no application of this Convention. There can be no application of the convention, in no case where the existence of income above the minimum wage rates of the convention is established, in the context of the global wage pacts referred to in Article 35 of the this convention, as well as under other individual agreements.

Article 44.

The parties state that, at the bottom of the provisions of this provision, the intention is to preserve the level of employment of the undertakings and the viability of the undertakings, without prejudice to specific circumstances. which may be present in each of them.

Job Health

Article 45. Safety and occupational health.

The parties to this collective agreement consider it essential to develop a health and safety policy through the prevention of risks arising from work, in compliance with the Law on Prevention and the Royal Decrees which develop the Law and affect the taxi sector.

Health, improved working conditions and the elimination or reduction of accidents is a priority objective of business policy.

Article 46. Prevention services.

The constitution of Mancomunados Prevention Services will be promoted to which all the owners of the license who have hired a worker will adhere.

Article 47.

Throughout the duration of the Convention, the Joint Commission will study and propose the adoption of the appropriate measures to implement the criteria contained in the document signed by them on early retirement and occupational diseases in the road sector, incorporated as an annex to this Convention, referred exclusively to workers subject to a common working relationship.

To this end, before the end of the last year of the Convention, the Joint Committee will have to draw up a document setting out specific measures to facilitate early retirement, as well as proposals for their funding.

Article 48. Early partial retirement.

Workers who comply with the requirements laid down in Article 12.6 of the Workers ' Statute may apply to businesses for early partial retirement.

Your concession will be mandatory as long as the worker who is applying for partial retirement agrees to make the residual day on the dates, periods, and schedule that the company freely determines.

Article 49. Medical acknowledgements.

The parties undertake to apply in the sector the provisions of Law 31/1995, of the Prevention of Labor Risks, of 8 November.

In this sense, the employer will guarantee to the workers at their service the periodic monitoring of their health status, through a medical recognition of voluntary character for the worker, to be carried out in the first semester of each year.

Continuing vocational training

Article 50. Training.

During the first year of this collective agreement, the Joint Commission will implement the implementation in its functional scope of the National Continuing Training Agreement of the employed workers.

Similarly, both parties agree on the need to homogenise a specific training of national character, which certifies and deepens regularly in the professionalism of the workers in the sector, as well as it has been done in similar sectors such as passenger transport in vehicles of more than nine places, or which, to a lesser extent, the lower-level administrations could be carrying out. To this end, the various organizations, will participate or organize the necessary acts or meetings to require the administration of legislation in this regard, as well as to make known to the own sector and society of the objective intended.

Article 51. Minimum guaranteed salary.

By this agreement, all workers with a professional category of driver/full day are assigned the minimum wage guaranteed with the following amounts:

For the year 2017 it will be 12,635.87 gross euros.

For the year 2018 will be 12.913.86 gross euros.

For the year 2019 will be 13,236.71 gross euros.

The amounts reviewed for the years 2018 and 2019 may be increased in the case that:

2018, in the assumption that the actual CPI for the year 2017 will exceed the initial increase made of 2.2%, the amount reviewed would be updated with the actual CPI for the year 2017.

2019, in the assumption that the actual CPI for the year 2018 will exceed the initial increase made of 2.5%, the amount applicable in the previous year would be updated with the actual CPI for the year 2018.

These amounts will determine the basis for social security contributions.

The guaranteed minimum wage will be composed of all the remuneration concepts to be paid by the workers in each company on a full-time basis, referred to in Articles 23, 25, 28, 29, 30, 31, 32 and 33. (for the assumption that the remuneration arrangements are applied in the same provision).

The difference between the sum of these concepts and the remaining one to the guaranteed minimum wage will be entered in the official salary receipt as a guaranteed minimum wage supplement.

This supplement will be compensable and absorbable in its amount, for any salary increase that occurs during the term of the agreement, and in no case will serve as a module for the calculation of the salary supplements (seniority, nocturnity, etc.) which shall be based on the amount of the salary of the contract or the minimum inter-professional salary, if any.

Equality and reconciliation of family life

Article 52. Equality.

The parties to this agreement recognize the importance of the application and dissemination of the Law of Equality, and therefore undertake to collaborate and to promote in the sector, in the lower areas and therefore in the companies measures to promote equality.

Also, companies of more than 250 workers if they have negotiated the equality plans provided for in Organic Law 3/2007, of March 22.

Article 53. Reconciliation of working life.

It will be as set forth in the existing regulations and laws in this field.

Single additional disposition.

The economic arrears which may be incurred by the application of this Convention shall be paid by the undertakings to the undertakings concerned, on the payroll corresponding to the month following the publication of the latter in the Official Journal of the European Communities. Status ".

Job Relationship Finiaway Receipt Model

Number ........................................................

Date of issue ....................................

Receipt of Finiquito

Don/na ............................................................................................................................, which has worked in the company since ............................................................................. to ......................................................................... with the category of .........................., I declare that I have received from this, the quantity of ........................... euro, as a total liquidation by my company.

I am thus compensated and liquidated for all the concepts that could derive from the employment relationship that joined the parties and is extinguished, expressly stating that nothing more I have to claim, being in agreement with it the company.

In ................................. to ............ of .................................................. of ............

The worker

* The worker (1) uses his or her right to be signed by a legal representative of the company, or, failing that, a union representative of the trade unions that are signatories to this agreement.

(1) Yes or no.

** This document has a validity of fifteen calendar days, from the date of issue.

Issued by ....................................................................................

Stamp and Signature.

*** This receipt will not be valid without the stamp and signature of the corresponding business and union organization or if it is formalized in photocopy and other means of reproduction.