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Resolution Of 23 November 2015, Of The Directorate-General Of Employment, Which Is Recorded And Published The 7Th State-Level Administrations Of Lotteries Sectoral Collective Agreement.

Original Language Title: Resolución de 23 de noviembre de 2015, de la Dirección General de Empleo, por la que se registra y publica el VII Convenio colectivo sectorial de ámbito estatal de las administraciones de loterías.

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Having regard to the text of the VII State-wide sectoral collective agreement of the lotteries administrations (Convention Code: 99000075011981), which was signed on 4 November 2015, by the National Grouping of Provincial Associations of Lotteries Administrators (ANAPAL) and the National Federation of Professional Associations of Lotteries Administrations (FENAPAL) representing companies of the sector, and of another by the State Federation of Services for the Mobility and Consumption of the General Workers ' Union (SMC-UGT) and the Federation of Services of Workers ' Commissions (Servicios-CC.OO) on behalf of workers, and in accordance with the provisions of Article 90 (2) and (3) of the Law on the Status of Workers, recast text approved by Royal Legislative Decree 2/2015 of 23 October and Royal Decree 713/2010 of 28 May on the registration and deposit of collective agreements and agreements.

This Employment General Address resolves:


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.


Arrange your publication in the "Official State Bulletin".

Madrid, 23 November 2015. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.



General provisions

Article 1. Signatory parties and general effectiveness of the Convention.

Subscribe to this Collective Agreement, on the one hand, the State Federation of Services for the Mobility and Consumption of the General Workers 'Union (SMC-UGT), and the Federation of Workers' Commissions Services (SERVICIOS-CCOO), and on the other hand, the National Association of Provincial Associations of Lotteries Administrators (ANAPAL) and the National Federation of Professional Associations of Lotteries Administrations (FENAPAL), which are recognized as legitimate and sufficient representativeness for the negotiation of this collective agreement of effectiveness in accordance with the provisions of Title III of the recast text of the Workers ' Statute Act.

Article 2. Personal scope.

This Collective Agreement shall apply to the employment relationships of workers and workers of the Lotteries Administrations.

Article 3. Functional scope.

There are included in the scope of this Convention the Administrations of Lotteries and Integral Offices of the Basic Network of points of sale of the State Society of Lotteries and State Gambling (SELAE), both currently in how they can be established in the future.

The establishments of the complementary network or joint selling points of the said State Company (SELAE) are excluded from the functional scope, which will apply the Sectoral Convention corresponding to their activity. principal.

The Trade Delegations of the State Society of Lotteries and State Gambling (SELAE) are also excluded from the scope of the Convention, as they have their own sectoral implementing convention.

Article 4. Territorial scope.

The collective agreement is state-wide and will be applicable throughout the territory of the State.

Article 5. Temporary scope.

The Convention extends its effects initially from 1 January 2015 until 31 December 2016.

Article 6. Denunciation of the Convention.

Any of the parties to the collective agreement may denounce the agreement by written communication to the other signatory parties and to the labour authority during the last quarter of the Convention.

Denounced the collective agreement the parties commit to constitute, in the following month, the negotiating commission that will draft the new collective agreement.

Until the signing of the new Collective Agreement the previous one will remain in force in its total content.

If neither party is reporting the collective agreement, it will be extended annually.

Article 7. Structure of collective bargaining in the sector.

The parties express that it is not necessary to promote new areas of collective bargaining inferior to the state and agree to give to the present state sector of primacy and preference in the structure of the negotiation collective, without prejudice to the provisions of Article 84.2 ET

Without prejudice to the foregoing, the collective bargaining of the subjects relating to the test period, contracting in all its extension, classification, is reserved for the present sector collective agreement of the State. professional, disciplinary regime, occupational safety and health, geographical mobility, maximum working time, wage structure, continuous training of workers, as well as the rest of the subjects which are the subject of regulation in this Convention collective, which under no circumstances will be negotiated in lower territorial areas, except as provided in the law still in force on the application of collective agreements of undertakings.

Article 8. Personal guarantee.

The regulation contained in this Convention has the consideration of minimum, in such a way that they will be respected, provided that they are not absorbable or compensable, those working conditions of any kind that exceed what is established in the the present collective agreement.


Principle of equality and non-discrimination, fundamental rights and public freedoms

Article 9. Respect for fundamental rights and the principle-value of equality and non-discrimination in the workplace.

Respect for human dignity, the principle of equality and non-discrimination and fundamental human rights is the basis of the social coexistence that must be present at all times in the field of work.

The parties to the Convention also undertake to ensure the effective and effective implementation of the principle of equal treatment and non-discrimination in the workplace, in particular by reason of racial or ethnic origin, convictions or religion, disability, age, sex and sexual orientation and identity.


Testing and hiring period

Article 10. Test period.

The parts of the contract of employment may be agreed in writing by the establishment of a probationary period, and the following shall be established:

Indefinite, and temporary or fixed-term contracts higher than year: Two months.

Temporary or fixed-term contracts greater than two months and less than one year: One month.

Temporary or fixed-term contracts up to two months: Fifteen days.

The pact that establishes a trial period will be null when the worker or worker has already performed the same functions previously in the company, in any form of hiring.

Article 11. Training contracts.

Contracts for training and learning are intended to acquire the theoretical and practical training required for the proper performance of the job of a Lotteries Administrations employee.

The maximum duration of the same will be nine months.

In order to ensure the effective and adequate training and learning of the workers and workers associated with this training contract, these per work center that the Lotteries Administrations can hire will not be greater than the fixed on the following scale, the default fractions being adjusted:

a) Up to five workers: one.

b) Six to 10 workers: two.

c) From 11 to 25 workers: three.

d) From 26 to 40 workers: four.

e) From 41 to 50 workers: five.

f) From 51 to 100 workers: eight.

g) From 101 to 250 workers: 10 or 8 per 100 of the template.

h) From 251 to 500 workers: 20 or 6 per 100 of the template.

i) More than 500 workers: 30 or 4 per 100 of the template.

To determine the worker template, it will not be computed to those linked to the Lotteries Administration by a contract for the training.

The remuneration shall be that set out in this collective agreement for the category of employee of the Lotteries Administrations, in proportion to the day actually performed.

The time spent on theoretical training must be alternated with those of effective work, so that the overall time corresponding to that time may not be less than 25% of the annual working day provided for in this Convention. collective.

Article 12. Eventual recruitment.

The maximum duration of six months provided for in Article 15.1.b of the Staff Regulations is amended for this term of employment, which is fixed at 12 months in a reference period of 12 months. eighteen months to be counted since the circumstances of the market occur, the accumulation of tasks or the excess of orders that motivate the hiring.

If this contract is concluded for a period of less than 12 months, it may be extended for a single time, without the total duration exceeding the twelve months.

At the end of the contract, the worker shall be entitled to compensation of twelve days ' salary for the year of service, or its proportional share if the duration of the contract is lower.

Article 13. Percentage of fixed template.

Companies undertake to maintain a minimum percentage of 50 per 100 of the workforce linked by an indefinite contract to companies of 1 to 5 workers and 75% of companies from 6 workers.

Article 14. Notice in the cases of extinction of the employment relationship.

Workers and workers who intend to cease voluntarily in the company will communicate it in writing with acknowledgement of receipt 15 days in advance. Failure to comply will entitle the company to discount the settlement one day's salary for each day of delay in the notice.

Likewise, the failure by the company to prewarn, in the assumptions established by the state rule, will oblige the company to pay the amount of one day's salary for each delay in the notice.


Working Time

Article 15. Workday.

The maximum annual working day of the agreement will be 1,800 hours.

An average weekly day of forty hours of effective work is established.

However, in view of the special characteristics of the activity, a flexible timetable is agreed which, in no case, will be able to exceed nine hours of effective work per day, not a minimum of four, or 40 and five hours of effective work a week. The excess of hours worked shall be compensated within the month in which they were carried out, or in the following month; the defect shall be compensated within two months after they have been produced. For these purposes, and for the purpose of calculating the weekly working day and its compensation in homogeneous terms, no more than five consecutive days may be worked, unless otherwise agreed.

With this article and the flexible working time, the requirement contained in the current article 34.2 of the Workers ' Statute is met.

Article 16. Weekly rest.

Workers and workers will have a weekly rest day and a half uninterrupted, unless they provide their services from Monday to Sunday in which case they will enjoy a weekly rest of two days.

The preparation of weekly rest shifts should guarantee the same rotation for all workers, taking into account working days and holidays, as well as the days: Fridays, Saturdays, Sundays, holidays and eve. Breaks shall be organised in such a way as to allow each worker or worker at least one rest on Saturdays or Sundays, within a period of no more than five weeks, with the exception of part-time workers who provide their services on a day-to-day basis. Weekend. For the purposes of drawing up the rest and work quadrants, the weeks may be considered from Sunday to Saturday.

You can rest under any other mode of mutual agreement.

Article 17. Annual leave.

A 30-day holiday period is fixed in each calendar year or the proportional share in cases where the worker or worker is already started the year or ceases before the end of the year, in which case it shall be the enjoyment of the proportional portion of the same.

The holiday period will be fixed every year at least two months in advance, being established in any case before May 15 and enjoying preferably during the period from June to September. Holiday periods when there is more than one worker or worker will be enjoyed on a rotating basis.

In the event that the holiday period coincides, in whole or in part, with the situations of suspension of the maternity contract, adoption or pre-adoption or permanent reception or risk during pregnancy, that period will be mutually agreed on different dates, ensuring their full enjoyment.

In the event that the holiday period coincides with a temporary incapacity for contingencies other than those mentioned in the previous paragraph that makes it impossible for the worker or worker to enjoy them, in whole or in part, during the calendar year to which they correspond, the worker or worker may do so once their incapacity is completed and provided that no more than 18 months have elapsed from the end of the year in which they originated.

Article 18. Holidays.

Holidays-not Sundays-payable and non-recoverable from each calendar year that are effectively worked may be compensated, through mutual agreement, in any of the following ways:

a) When all holidays are accumulated, 18 calendar days will be enjoyed.

b) Enjoy them on days other than those of the holiday in question on the dates that suit the company and the worker.

c) Be accumulated to the annual holiday period.

d) Be enjoyed on another day other than accumulated at the weekly rest.

e) By any other means of mutual agreement agreed in writing by the person holding the Lotteries Administration and the worker or worker.

If such holidays are not compensated in the manner provided for in the preceding paragraphs, they shall be paid as overtime in accordance with the amounts that they provide in each year.

For the purposes set out in this article, Sundays are not considered to be public holidays.

Article 19. Work schedule.

During the first month of each calendar year, the corresponding work schedule will be drawn up, which will determine the working and rest days of each worker or worker, as well as their work schedule.

Once the annual leave period is fixed, it will also be included in the work schedule.

Article 20. Paid leave.

All staff, upon notice and subsequent justification, will have the following paid licenses:

a) Fifteen calendar days in case of marriage.

b) Three calendar days by birth of a son or daughter, or by death, accident or serious illness or hospitalization or surgical intervention without hospitalization requiring home rest (reproduction of the contents of the the law, art. 37.3.b/ ET) of relatives up to the second degree of consanguinity or affinity. If the worker needs to make a move to that effect, the time limit will be four days.

In cases of severe illness, hospitalization, or surgical intervention, the permit may be discontinuous.

c) Three working days per year for own, continuous or discontinuous matters, following agreement with the Lotteries Administration. They are not cumulative either for holidays or for other licenses.

d) A business day per usual home move.

e) One day by marriage of relatives to second degree of consanguinity or affinity.

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

g) For the time indispensable for the fulfilment of a duty of public and personal character, understood as the exercise of active suffrage. Within this permit, the renewal of the residence and work authorization of the worker or foreign worker is specifically considered.

(h) For the time required to carry out prenatal tests and birth preparation techniques to be carried out within the working day, accredited by medical certification.

(i) In the case of births of premature sons or daughters or who, for any reason, must remain hospitalized after delivery, the mother or father shall have the right to be absent from work for an hour. They will also have the right to reduce their working hours to a maximum of two hours, with a proportional reduction in salary.

j) For the time indispensable and duly justified to accompany the physician to children under sixteen years of age or first-degree relatives with disabilities living with the worker or worker.

k) Up to three days or its equivalent in hours for adoption procedures.

l) For the purposes of the enjoyment of the licenses, the same rights shall be granted to the worker with a couple in fact, a situation which shall be credited by certification of the corresponding public register. For the purposes of the licence (a) it may only be enjoyed once a year.


Reconciliation of personal, family and work life

Article 21. Unpaid leave.

In the event that the worker or worker needs to move out of the country by the birth of daughter or child, or by the death, accident or serious illness or hospitalization of relatives up to the second degree of consanguinity or affinity, in addition to the enjoyment of the paid licenses that correspond, may be added to the same period of up to fifteen days of unpaid leave, prior to agreement with the company.

Article 22. Breastfeeding.

Workers and workers, who are breastfeeding for a child under nine months of age, shall be entitled to a paid time of absence from work or reduction of their working day, which may be divided into two fractions.

The time-frame of the enjoyment period will correspond to the worker or the worker, and must inform the Lotteries Administration 15 days in advance of the date on which she will return to her working day. ordinary.

The breastfeeding period can be enjoyed by mutual agreement following maternity leave. In this case the breastfeeding time will be eighteen calendar days.

Breastfeeding leave will increase proportionally in case of multiple birth.

This permit is an individual right for workers and workers, but it can only be exercised by one parent in case both work.

Article 23. Reduction of day by legal guardian and direct care of relatives:

Who, for reasons of legal guardian, has a direct care of a minor of twelve years or a disabled physical, mental or sensory, who does not carry out a paid activity, shall be entitled to a reduction in the working day, with the proportional reduction of the salary between at least one eighth and a maximum of half the duration of that.

It will have the same right to care for the direct care of a family member, until the second degree of consanguinity or affinity, that for reasons of age, accident or illness cannot be used by himself, and that he does not perform paid activity.

The reduction of working hours referred to in this paragraph constitutes an individual right of workers, men or women. However, if two or more female workers or workers of the same undertaking generate this right by the same deceased person, the Lotteries Administration may limit its simultaneous exercise for justified reasons of operation of the company.

The time-frame and the determination of the period of enjoyment of the reduction of the day will correspond to the worker or worker, within their ordinary day. The worker or worker must inform the company 15 days in advance of the date on which she will return to her ordinary day.

Article 24. Maternity, paternity, adoption and welcoming.

In the course of delivery, the suspension will last for sixteen weeks, which will be enjoyed uninterrupted, expandable in the case of multiple birth in two weeks more for each daughter or 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, the other parent may make use of the whole or, where appropriate, the portion of the suspension period, computed from the date of delivery, and without the mother's part being neglected I was able to enjoy birth before. In the event of the death of the daughter or child, the period of suspension shall not be reduced unless, after the end of the six weeks of compulsory rest, the mother is required to return to her job.

However, and without prejudice to the six weeks immediately following the mandatory rest period for the mother, in the event that both parents work, the mother, at the beginning of the rest period, maternity, may be eligible because the other parent enjoys 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 maternity 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 case of paternity.

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 the case of adoption and acceptance, both pre-adopted and permanent, of children under six or under age who are over six years of age in the case of disabled children or under their circumstances and personal experience or by coming from abroad, having particular difficulties of social and family insertion duly accredited by the competent social services, the suspension shall be for an uninterrupted period of 16 weeks, extensible in the assumption of adoption or multiple acceptance in two weeks more for each daughter or child from the second, counted on the choice of the worker or worker, either on the basis of the administrative or judicial decision of the host, or on the basis of the judgment in which the adoption is made.

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 the disability of the child or daughter, or of the child adopted or received, 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 interested parties who will be able to enjoy it simultaneously or successively and always on an uninterrupted basis.

In cases of simultaneous enjoyment of rest periods, the sum of rest periods shall not exceed the sixteen weeks provided for in the preceding paragraphs or those corresponding to multiple births.

The periods referred to in this Article may be enjoyed on a full-time or part-time basis, subject to agreement between the Lottery Administration and the workers or workers concerned, on the terms of the which are regulated to be determined.

In cases of international adoption, where the prior movement of the parents to the country of origin of the adopted person is necessary, the period of suspension, provided for in each case in this Article, may be start up to four weeks before the decision on which the adoption is made.

The suspension of the paternity work contract shall be carried out in accordance with the terms set out in Article 48a of the recast text of the Workers ' Statute Act.

Workers and workers shall benefit from any improvement in working conditions to which they may have been entitled during the suspension of the contract in the cases provided for in this Article.

Article 25. Leave of absence for care of daughters and children and other family members.

Workers and workers shall be entitled to a period of leave of absence of not more than three years to take care of the care of each child, whether by nature or by adoption or in the case of a child. (a) a permanent and pre-adopted accommodation, from the date of birth or, where appropriate, from the judicial or administrative decision.

They will also be entitled to a period of leave of absence, of duration not exceeding two years, workers and workers 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 yourself, and do not carry out paid activity.

The excess referred to in this paragraph constitutes an individual right of workers, men or women. However, if two or more female workers or workers of the same undertaking generate this right by the same deceased person, the Lotteries Administration may limit its simultaneous exercise for justified reasons of operation of the company.

When a new deceased person is entitled to a new period of leave, the start of the period shall end to the one who, where appropriate, has been enjoying himself.

The period in which the worker or the worker remains in a situation of leave in accordance with the provisions of this Article shall be computable for the purposes of seniority and the worker or worker shall be entitled to assistance to vocational training courses, the participation of which must be convened by the employer, in particular on the occasion of his/her reinstatement. During the first year you will be entitled to the reservation of your job. On the expiry of that period, the reserve shall be referred to a post of the same professional group.

However, when the worker or the worker is part of a family which is officially recognised as a large family, the reserve of his or her job will be extended to a maximum of 15 months when he/she is treat a large family of a general category, and up to a maximum of eighteen months in the case of a special category.

Article 26. Protection of workers and workers from large families.

Workers and workers whose family has the legal status of a large family will be given priority to remain in their job in the cases of geographical mobility, to preserve their conditions of work and maintenance of their employment in the cases of termination of the contract of work by objective or collective dismissal.


Economic Conditions

Article 27. Base salary.

The basic salary is the remuneration paid to the employees according to their professional category per unit of working time according to the working time fixed in this Convention, including rest periods set.

The increase in the base salary is figure for the year 2015 at 0.9%, so that the base salary to be paid in the twelve monthly payments and in the three extraordinary payments, is fixed for the year 2015 at 844.55 euros/month (12,668.25 euro/year).

The increase in the base salary is figure for the year 2016 at 1%, so that the base salary to be collected in the twelve monthly payments and in the three extraordinary payments, is fixed for the year 2016 at 853.05 euros/month (12,795.75 euro/year).

Article 28. Add "ad personam".

The "ad personam" add-on, in cases where it is perceived, will not be increased by 2015.

Article 29. Length and stay add-ons.

As of the entry into force of the Convention, all the amounts that were collected in terms of seniority are consolidated as a complement of permanence.

The five-year period is fixed at the amount of 27.48 euros.

Article 30. Currency break.

The Lotteries Administrations will be able to establish in currency bankruptcy, the payment of a monthly amount of 80,31euros for the year 2015, taking into account the following:

a) This supplement will not be collected by those workers who do not perform collection and payment functions.

b) In the event that no bankruptcy occurs monthly, the amount indicated will be charged in full.

(c) In the event that a month occurs, the worker or worker shall supply the same in the corresponding amount.

(d) In the case of a partial-time contract, the amount of the currency broken down monthly shall be paid without any reduction.

(e) In cases of faults exceeding the fixed amount of bankruptcy, the disciplinary procedure provided for in Articles 54 to 56 of this Convention shall apply.

Article 31. Extraordinary rewards.

Three extraordinary annual payments, in terms of the monthly base salary and personal allowances for permanence and seniority and "ad personam" supplement, are established as maturity rewards per month.

The extraordinary payments have an annual accrual and will be paid on the 30th of June of each year the first, on December 20 the second and the 30th of March the third.

The amount of the third extraordinary pay may be prorated monthly by the Lotteries Administration.

The amount of the remaining two outstanding payments may be prorated monthly by agreement between the company and the employee or employee.

Article 32. Plus transport.

Those workers and workers who come to receive a plus of transport, including subscribers as a result of collective agreement or agreement, including the existing non-statutory ones in the sector, will continue perceiving it as a personal condition in the same amounts.

Article 33. Plus coordination.

A salary supplement is established for the job in those centres where there are more than two employees or employees and one of them is responsible for coordinating them, receiving monthly payments for this concept. 13 per 100 of the base salary.

Article 34. Allowances and locomotion costs.

When a worker needs to move from the locality in which he/she normally has his/her destination, the company will pay him/her in addition to the costs of locomotion in the amount of EUR 0.26 per kilometre. The following amounts in terms of allowances:

Average diet: 20.33 euros.

Full diet: 41.10 euros.

Complete diet plus accommodation: € 88.56.

When the worker or worker is unable to return to eat at home, the company works different from the usual ones, even if it is within its locality, it will be entitled to 10 euros.

Article 35. Extraordinary remuneration for linking to the Lotteries Administration.

Workers and workers who serve twenty years of continued service in a Lotteries Administration will be entitled to a single, non-consolidated and extraordinary gratification by linking to the administration of lotteries, in terms of monthly base salary and personal complement of seniority.

Article 36. Compensation or remuneration of overtime.

The parties manifest the need to tend to the elimination of overtime, as a measure of employment.

The performance of each extraordinary hour will be compensated by two hours of rest.

If the parties agree to pay the extraordinary time, the amount shall be fixed in accordance with the following formulae:

A) When done on a working day:

Monthly Quotation Basis × 12: 1,800 = Ordinary Time Remuneration × 1.6 = Extraordinary time.

B) When done on non-working day:

Monthly Listing Base × 12: 1,800 = Ordinary Time Remuneration • 2 = Extraordinary Time Remuneration.

Article 37. Guarantee of maintenance of purchasing power and wage revision clause.

The signatory parties guarantee the maintenance of the purchasing power of workers during the year of validity of the agreement under the following conditions, in which the Third Agreement for Employment and the Collective bargaining (AENC 2015, 2016 and 2017).

Article 38. Implementation of the collective agreement wage regime.

Without prejudice to the legal regime on the application of the economic regime provided for in the 82.3 of the Workers ' Statute, as a complementary sectoral conventional regime, the Administration of Lotteries is established. accredit to the Joint Committee of the present Convention a reduction of its commissions in the last financial year, prior to each wage revision corresponding to, more than 3% in relation to the immediately preceding financial year, shall not be application of the wage increases that are agreed.

You will not apply the salary revision to those of the Lotteries ' Administrations, which for legal or force majeure reasons, are obliged to suspend their activity or need to make investments of such an entity that the implementation of the wage regime provided for in this Convention could damage its economic stability.

In order to proceed with the non-application of the wage regime of the collective agreement, the Administration shall be directed in writing to the Joint Commission within 45 days of the official publication of the Convention, together with the the supporting documentation of their situation.

Received the request, the Joint Commission will resolve in thirty days, unless the same requires the Administration of Lotteries requesting more information or documentation, in which case the term will be suspended. The decision of the Joint Committee will be binding in any case.

Article 39. Absorption and compensation.

The economic conditions that have been established in this Convention, whether or not they are of a wage nature, are absorbable and compensable, provided that the contrary is not available, as a whole and in annual computation, with the any type that would be satisfied or satisfied by the Lotteries Administrations, either by legal imperative, by voluntary concession or by other causes.


Supplementary social protection

Article 40. Temporary incapacity.

In the case of suspension of the contract for an accident at work, the company will supplement the benefit in charge of the Social Security until the first day, the remuneration of 100 per 100 it would have received in active service. For the remainder of the temporary disability assumptions, it shall be paid from the 15th day of the temporary incapacity situation.

Temporary incapacity periods shall be accumulated within 12 months, for the purposes specified in the preceding paragraph, in the event that more than six months have elapsed between one period and another.

Article 41. Risk during pregnancy and breast-feeding.

In the cases of suspension of the contract for risk during pregnancy or breastfeeding, the company will supplement the provision in charge of Social Security until the completion of the first day, the remuneration of 100 per 100 received on active service.

Article 42. Life insurance policy.

The company will have a life insurance covering the risks of death and invalidity, by accident, of each employee and employee in an individual amount of 33,000 euros, resulting in the worker or the worker, his or her heirs or person by the designated person.

Article 43. Partial retirement.

Workers or workers when they are 60 years of age, or at 61 years of age, will be able to reduce their working time and pay and make it compatible with the pension that Social Security recognizes until to comply with the age of 65 years; in the terms laid down in Article 12 of the recast of the Law of the Workers ' Statute and Article 166.2 of the General Law on Social Security.


Professional classification

Article 44. Professional group.

A single professional group is established in the sector that is called the Lotteries Administration Employee/Employee and that assumes the performance of the functions of auxiliary to the administrator or administrator, mainly in collections, payments and the administrative tasks involved.

Also, given that in the sector the weekly lottery distribution is usual outside the local lottery administration, according to the article. 4.1.1 of the model of the Commercial Contract that regulates the legal relations of SELAE and the Administrators of Lotteries, as well as the subsequent collection thereof, to the object of its distribution by other commercial establishments, mainly bars, Coffee shops and restaurants, the Employee, following instructions from the Lotteries Manager, will also assist you in this commercial task.


Safety and Health at Work

Article 45. Priority of health and safety at work.

Representatives and representatives of the Lotteries and Workers ' Administrations and workers in the Negotiating Commission of the State Collective Agreement of Lotteries, agree that the protection of workers and workers in the field of health and safety, is a basic and priority objective for the signatory parties to this Convention. Both parties consider that the establishment and planning of preventive actions at each work centre is required to achieve this, and that the elimination of the risk, at its origin and through the evaluation, is the sole purpose of the corresponding, the reduction or control of the same. To this end, the Lotteries Administration will take the necessary and effective measures, both for the correction of the existing situation and in the prevention of situations that could be presented by the technical and organizational evolution of the companies in the sector, in all cases providing for the adaptation of the workplace to the person who occupies it and in this way to protect their health.

Article 46. Principles of preventive actions.

Preventive actions will be based on the following principles:

1. The health risks of the worker and worker will be prevented by avoiding their generation, with the elimination of the risk factor in itself and at the time it is identified.

2. In any modification of the process or tasks it will be ensured that the new technology or production processes do not create new risks.

3. The undertaking shall ensure that workers and workers at their service are regularly monitored for their health in the light of the risks inherent in the work and tools it uses, and in accordance with the terms laid down in Article 22. of the Law on the Prevention of Occupational Risks.

The information collected as a result of this surveillance, as provided for in the Law, will always respect the right to privacy of the worker or worker.

4. With regard to maternity protection, the undertaking shall take the necessary measures to prevent the exposure of workers in pregnancy or recent birth to the risks identified in the assessment referred to in Article 16 of the Directive. Law on the Prevention of Occupational Risks, which may affect the health of workers or the unborn child, through an adaptation of the conditions or working time of the worker concerned, in accordance with the terms laid down in Article 26 of the Law.

5. Undertakings in order to comply with the duty of protection laid down in the Law on the Prevention of Occupational Risks shall take appropriate measures to ensure that workers receive all the necessary information in relation to the provisions of the Directive. Article 18.

6. The members of the Security and Health representation bodies created in this agreement in accordance with the Law on the Prevention of Occupational Risks, must be informed of all those decisions regarding the implementation of new laws. technologies as well as the systems and organisation of work that could have an impact on the physical and mental health of the worker and the worker.

7. The company will have to make the effort necessary and take the necessary measures to adapt to a new job in line with the current situation of the worker or worker, to all those who for any cause could be or suffer in the future a physical or psychic disability over-coming. In the case of a pregnant worker whose doctor prescribes a change of job on the grounds of her condition, she shall adapt to other tasks, respecting her economic situation.

Article 47. Safety and Health Sectoral Committee.

In accordance with the provisions of Articles 2.2 and 35.4 of the Law on the Prevention of Occupational Risks, the consultation and participation of workers and workers in the field of Safety and Health at Work, without prejudice to the the powers and powers conferred upon them in the Law itself will be channeled through the State Sectoral Committee on Safety and Health.

This representation body is the competent authority for the surveillance, control and development of the Law on the Prevention of Occupational Risks and other standards in the functional and geographical scope established in this Convention. collective.

Companies should consult and participate in the adoption of the measures in this field, carrying out the practices of occupational risk prevention and in order to safeguard the safety and health of workers. workers who could be proposed from that body.

This representation body has the powers and powers that Law 31/1995, of November 8, and other norms agree to grant to the Delegates and Delegates of Prevention and Committees of Safety and Health, as well as all those of which they are provided by means of their Rules of Procedure.

Since the signing of this collective agreement, within one month, this representation body will be constituted, consisting of six members, of which three will correspond to the union side and the remaining three to the business, and you will proceed to approve your Rules of Procedure.

Article 48. Occupational health measures.

Taking into account the study of the Foundation for the Prevention of Occupational Risks on preventive activity in the micropymes of the sector of Lotteries Administrations of 29 October 2007, the following are developed: Aspects:

As general issues, it is considered of great importance:

a) A proper organization of work avoiding or at least decreasing tiredness and fatigue.

b) A correct design of the facilities and proper choice of furniture and work equipment meeting the ergonomic and safety and hygiene requirements.

c) A specific training in preventive matters.

It is necessary to develop a series of preventive measures linked to the risk factors that are appreciated.

1. Working in a reduced space:

a) Ensure the space for each 2 m2 free-surface and 10 m2 volume job (Decree 486/97 of places of work).

b) Prevent drawers from leaving the guides using anti-lock systems.

c) Use five-wheel chairs and anti-vehicle design.

2. Job center signage.

a) Senalize the electrical box, escape routes, and fire extinguishing elements.

b) Emergency lighting with independent power source in case an electric fluid cut exists.

c) Senalize fire extinguishers, alarm pulsers, and fire hydrants.

3. First aid kit.

A first aid team must exist with an updated list, at least once a year, of all items and medications. The medicines must be labelled and with an expiry date.

All workers and workers need to know the place where they are in a kit.

The number of emergency phone numbers must be listed near the kit.

4. Emergency plans:

a) Inform all workers of the guidelines to be followed in case of emergency.

b) The escape routes must be correctly marked, cleared, and emergency lighting must be available.

c) The exit doors for an evacuation must be wide enough.

d) Maintenance of fire extinguishers.

5. Inadequate or prolonged postures.

a) Information and training on the right positions to be taken by workers.

b) Staying upright with the trunk.

c) Enough space to move and stretch the legs. If possible, a daily job plan must be worked out by combining the standing and standing position.

6. Temperature.

a) Debut cold air distribution systems of air diffuser elements that prevent or minimize direct air jet action.

b) Temperatures in the work area should fluctuate between 17 and 27.

c) Relative humidity must be between 30% and 70%.

d) Avoid static postures.

e) Avoid, as far as possible, air currents.

7. Lighting.

a) Uniform lighting distribution.

b) Avoid indirect glare produced by reflective surfaces located in or near the operation zone.

8. Relationship with the public.

a) Set appropriate mechanisms to avoid waiting queues.

b) Facilitate training in self-control techniques and to deal with conflicting situations.

9. Handling money.

a) Enabling two independent boxes for the company and for the collection of the Finance money.

b) Introduction of new technologies.

c) Provide the time that is required to perform the task successfully, avoiding tight and tight deadlines, not over-extending the work schedule.

d) Previewing breaks and breaks.


Convention administration and conflict autonomic solution

Article 49. Joint Commission.

A Joint Commission composed of 12 members is hereby established as the administrative body of this Convention, with the free designation and removal of three members corresponding to each signatory of the Convention. of the same.

The functions assumed by the Joint Commission are as follows:

Interpretation of the content of the Convention.

Tracking compliance with the agreement in the Convention.

Prior knowledge of collective conflicts arising from the interpretation or application of the Convention.

Reception and resolution of claims for non-application of the wage regime provided for in this Convention.

Communications to the Joint Commission will preferably be directed to the following email addresses:

In the alternative, they may also be directed to any of the venues of the signatory organizations.

For requests to the Joint Commission, the following data shall be entered:

Name, surname and number of DNI or NIE of the person who subscribes to the application; as well as their status as administrator or administrator, worker or worker or representative, in which case the person in whose case will be identified name acts.

Postal address or e-mail address to which the resolution of the Joint Committee is to be addressed.

Account of facts and approach to the consultation being made before the Commission.

Article 50. Autonomous solution of labor conflicts.

The parties adhere to the V Agreement on the Autonomous Conflict of Conflict (ASAC V), and submit to the mediation and arbitration bodies and procedures that it establishes.

In the collective conflicts of interpretation and application of this convention, if no agreement is reached within the Joint Commission, a mediation process will be initiated, and if the dissent persists after the agreement, the the dispute shall be settled by arbitration award, all in the field of action of the Interfederal Mediation and Arbitration Service (SIMA); thus assuming the parties as a whole and subject to the present submission clause to the the arbitration procedure in the settlement of collective disputes.

In the envisaged cases of non-application of collective agreement governed by Article 82.3 of the Workers ' Statute, when no agreement is reached in the period of consultation, once the intervention of the workers has been requested. the joint committee and the disagreement will persist, the discrepancy will also be resolved through the arbitration award in the field of action of the Interconfederal Service of Mediation and Arbitration (SIMA). (note: provision must be made for a legal imperative mechanism).


Continuous training

Article 51. General principles.

The parties to this collective agreement consider it essential for the improvement of the competitiveness of companies and the employability of workers in the sector to promote initiatives that promote professionalization and permanent improvement of training in the Sector of the lotteries administrations oriented to:

a) Promote the personal and professional development of workers in the sector through the development, improvement and updating of their professional skills.

b) Contribute to economic efficiency by improving the competitiveness of companies and the quality of service delivery.

c) Contribute to continuing vocational training to encourage the development and innovation of lotteries activity.

d) Adapting to changes motivated by processes of technological innovation, regulatory changes, economic situation, etc.

The training policy in the lotteries administrations sector will accommodate the following criteria:

(a) Profession and development of workers, meeting their needs for vocational training within firms.

b) Full universalization of the formative action, which will be projected to the staff at all levels.

c) The impulse of vocational training as the responsibility of the social partners in the understanding that it interests both the company and the worker, and that it cannot be done outside its protagonists.

d) Mutual understanding of the dual dimension of vocational training as a right and duty.

e) Connection between the design of training actions and the needs of professional qualifications.

f) Valuation as a strategic factor for the competitiveness of companies and as a variable conditioning structure to a high degree of any growth strategy.

Article 52. Training time.

Workers will be required to develop all continuing vocational training actions that are precise for their role to be properly developed, attending to monographic or generic courses, seminars on specific functions, etc., that are necessary and performed during their working day.

The minimum training time for each worker will be 20 hours within the annual calendar of the day set out in this convention. Companies are obliged to ensure that they are directly or indirectly provided with training courses of interest for the professional performance entrusted to them or that they can be entrusted with, as well as their projection in professional development.

These hours may be accumulated over a period of up to two years in those cases where, for organizational or functional needs, they are not used annually.

All without prejudice to the application of Article 23 of the workers 'statute, which we literally transcribe:' The worker shall be entitled: to the benefit of the permits necessary to attend examinations, as well as to a preference to choose work shift, if such is the system established in the company, when studies are carried out regularly to obtain an academic or professional degree. The adaptation of the ordinary working day for the attendance of vocational training courses or the granting of the appropriate training or professional training leave with the reserve of the job. "

Article 53. Funding.

The financing of training actions will be made preferably from the vocational training fees paid out sectorially, managed through the Tripartite Foundation for Training in Employment or the Similar institution or institutions which may be established with similar economic envelopes and purposes in the rules in force in this field.

This is why, as a priority for the sector of Lotteries Administrations, the promotion and dissemination of the use of the bonuses and the individual permits of the training.

In relation to individual training permits, an application protocol will be agreed and individual training permits will be granted to facilitate their use with the least organizational impact for the companies in the sector. Pending this protocol, the parties agree to prioritise in those groups with a lower level of qualification, this criterion being a priority in the granting of individual training permits for workers and workers. request them.

At the enterprise level, the application of these resources can be established based on their needs and characteristics.

In order to carry out as many functions as are necessary for the promotion and dissemination of training in the sector, participation in the joint training committee, study collaboration and/or sector research, etc., establishes the figure of the sectoral training delegate by trade union organisation which is a signatory to this Convention. The number of workers in this figure shall be entitled to paid work permits, in their respective undertakings, to be determined by the signatory parties to the agreement and in the light of the tasks entrusted to them.

In turn, in the event of discrepancy and mediation in training, the expenses arising from such mediation, both for the business representation and for the trade union, will be paid by the company.

Article 54. Sectoral Joint Committee Administrations of Lotteries.

Pending the normative development of Article 28 Sectoral Paritary Structures of Royal Decree Law 4/2015 of 22 March, for the urgent reform of the Vocational Training System for Employment, the Commission will be set up (a) a sectoral unit of the Lotteries Administrations within the scope of this Convention, composed of two representatives of three representatives of the trade union party and three representatives of the business party. A working order shall be drawn up in this joint committee for training.

In addition to the legally established functions in paragraph 2 and 3 of that Article 28, the parties agree:

1. To participate in and collaborate in activities, studies or research of a sectoral nature in order to know the professional profiles and the skills required to allow a greater linkage of the training and the professional classification, as well as make proposals in relation to the National System of Qualifications and Vocational Training and the National Focal Points for the Lotteries Administrations sector.

In this sense, support, how many initiatives are appropriate with respect to ongoing studies and projects, or which may be sponsored by the competent educational or labour authorities, affecting the professional qualification, training or qualifications with the sector of Administrative Managers.

2. To participate in the dissemination of the training system for employment among enterprises and workers in the administrative management sector.

3. To promote and collaborate in the assessment of the impact of training in the sector.

4. To monitor and control procurement in the sector for training purposes (including scholarships) covered by this Convention.

5. To mediate the discrepancies in the sector that have occurred in relation to the application of Article 23 of the workers ' statute, which regulates the right of workers to the enjoyment of the necessary permits to attend In the case of an examination, as well as a preference to choose work shift, if such is the system established in the company, when curse regularly studies to obtain an academic or professional degree; as well as to the adaptation of the ordinary working day (i) work for the assistance of vocational training courses or the granting of the appropriate leave of absence; vocational training or further training with a job reserve.

6. To request the competent administration to call on the processes of recognition of professional skills acquired by work experience related to the occupations of the sector, as set out in the Royal Decree 1224/2009, of 17 July, recognition of professional skills acquired by work experience.

7. To promote and monitor and evaluate the processes of accreditation of competencies in the field of the company.


Disciplinary regime

Article 55. Minor fouls.

The following are considered minor faults:

a) Two punctuality faults in 15 days.

b) An unjustified lack of work within 15 days.

(c) Not to cure within three days the corresponding discharge for temporary incapacity, or written justification, where it is not justified.

d) Failure to observe hygiene and safety standards at work.

e) Lack of personal grooming.

f) Non-communication to the business of any change of address.

g) The non-communication to the company of the data variations that are necessary for the calculation of the deductions on account of the IRPF.

(h) The neglect of cash, payments and sales accounts of 60 € in excess of the amount paid as a currency, provided that the worker or worker is entrusted with such a function and is subject to the currency.

i) Incorrection or disconsideration of both the clientele and the partners, as well as the owner of the company or his or her family members.

j) The abusive and/or excessive use of the private mobile phone for particular, non-urgent or unjustified uses, especially during the attention of the public or window, as well as when carrying out tasks of responsibility, such as returns, cash handling, reserves, charges, and transportation of funds and notes.

Article 56. Severe fouls.

The following are considered to be serious faults:

a) Between three and six punctuality faults in 30 days.

b) Two unjustified faults to work within 30 days, or one to if it is on the day of settlement of the sweepstakes, the return of an invincible lottery or bank income.

c) Public discussions between colleagues that undermine the image of the job center.

d) To disrespect both the clientele and the partners, as well as the owner of the company or his family members.

e) negligent behavior in the performance of your work as well as in the use of materials and elements related to it.

f) Incompliance with the work entrusted by the administrator in use of his or her directives.

g) False to the duty of information, for everything related to the activity of the administration, with the holder of the same.

h) Abandonment of work without justified cause, which will be qualified as very serious if it causes damage to the management of lotteries.

i) Simulation of illness or accident.

(j) Refers of negligent cash, payments and sales, in excess of EUR 60 and up to EUR 500 above the amount paid as a currency, provided that the worker or worker has such a function and is subject to the currency bankruptcy regime.

k) The recidivism in minor faults.

Article 57. Very serious faults.

The following are considered to be very serious:

a) More than six punctuality fouls in 30 days.

b) More than two unjustified absences to work within 30 days, or more than one if they are in days of winding-up, unsold lottery return, or bank income.

(c) Refers of cash, payments and sales, in excess of € 500 above the amount paid as a currency, provided that the worker or worker is entrusted with such a function and is subject to the Currency break regime.

(d) Repeated and malicious abuse in the exercise of the right provided for in Article 20 (j) of the Convention.

e) negligent behavior in the performance of their work as well as in the use of materials and elements related to it, from which serious harm to the Management of Lotteries is derived or may be derived.

f) Moral or sexual harassment made to colleagues or colleagues or any person related to the workplace.

g) The theft or theft in the job center.

h) The recidivism in severe faults.

Article 58. Disciplinary sanctions.

The penalties can be as high as the following:

For minor faults: Amonstation in writing.

For serious faults: Suspension of employment and salary up to ten days.

For very serious faults:

The first time he suspended employment and salary for up to 20 days accompanied by a warning of dismissal; the second time until disciplinary dismissal. The concurrence of moral or sexual harassment will be a cause of disciplinary dismissal.

Article 59. Prescription of job defaults.

Mild faults will be prescribed at ten days, the severe ones at twenty days and the very serious ones at sixty days.

Article 60. Sexual harassment and moral harassment.

In accordance with the recommendation and code of conduct relating to the protection of the dignity of women and men at work, of 27 November 1991, number 92/131 of the EEC Treaty, and the representatives of the workers undertake to create and maintain a working environment in which the dignity and sexual freedom of all persons working in this field of work are respected, acting in the face of any behaviour or behaviour of nature sexual of words or action, developed in this field, and that it is offensive to the worker or the worker object of the same.

A verbal or physical behavior of character or sexual connotation that occurs in the field of labor relations is considered sexual harassment at work. The person who performs it knows, or must know, that this behavior is not desired by the person who is the object, inciting the refusal or acceptance of this behavior in the work situation of the person who suffers it. This behavior creates an intimidating and hostile work environment.

A work environment must be achieved free from unwanted behaviors of character or sexual connotation.

Any conduct, practice or conduct performed in a systematic or recurrent manner within the framework of a working relationship, which directly or indirectly involves an impairment or attack on the dignity of the person, is considered to be a moral harassment. worker, who is trying to subject emotionally and psychologically in a violent or hostile manner, and which seeks to cancel his or her capacity, professional promotion or stay in the job, adversely affecting the working environment.

If there is any case of sexual or moral harassment, it will be brought to the attention of the workers ' representatives or in their absence from the Joint Committee of this Convention. Both the workers ' representatives and the Joint Committee will open the investigation and advise the person concerned of the steps to be taken to ensure that the legal action is taken to prevent them from taking place. such acts.

At all times, absolute respect and discretion will be kept to protect the privacy of the person who is harassed or assaulted.


Equal opportunities for women and men

Article 61. Equal opportunities for women and men.

1. It is the "Commission for Equal Opportunities and Non-Discrimination" in the Lotteries Administrations Sector (DIOND), consisting of two components from each business representation and two from each signatory union.

This Commission shall meet every two months on an ordinary basis or at the request of either party, on its own initiative or at the request of a worker or worker, on a week's notice, on a regular basis extraordinary.

For the proper performance of its tasks, the Commission shall be provided with an internal operating Regulation.

2. The following shall be the functions of this commission:

2.1 To ensure that both women and men enjoy equal opportunities in terms of employment, training, promotion and the development of their work.

2.2 To ensure that the working woman has the same equalization as the man in all the salary aspects, so that to work of the same value the woman always has equal pay to that of the male worker.

2.3 To ensure that the working woman has the same opportunities within companies as the male worker in cases of promotions and duties of greater responsibility.

2.4 In order to ensure the principle of non-discrimination, the Commission will monitor possible discrimination, both direct and indirect.

2.5 Conduct a study on employment trends and equal opportunities in the sector and on the basis of active policies to eliminate any discrimination that might be detected by reason of sex, state civil, age, territorial origin and other circumstances which may lead to discrimination or bankruptcy of the principle of equal opportunities.

2.6 Develop a guide to good practice in the sense of this precept for the sector.

Single transient disposition.

For categories to be extinguished that may exist in the sector, as a result of previous collective agreements or agreements, including non-estataturaries, the same increases in their salary and salary items are established. Extranalarial activities which are generally provided for in this Convention.

Additional disposition first. State Observatory of the job sector of the Lotteries Administrations.

The signatory parties constitute the State Observatory of the Lotteries Administrations Sector in its field.

The constitution of the State Observatory of the Labor Sector of the Lotteries Administrations will allow the joint analysis by the union representations and the business representations, the regulation State, employment, technological development, environmental issues, training needs and those that the parties are considering at every moment of interest for the sector.

The social agents present at the State Observatory of the Labor Department of the Lotteries consider this instrument a joint way of participation and dialogue with the Public Administration, in defense of the interests of the labour sector of Lotteries as a whole.

The State Observatory of the Lotteries Administrations Sector shall be composed of the organizations of the present Convention, with the following members:

Two members for union representation:

A member of the State Federation of Mobility and Consumer Services of the General Workers ' Union (SMC-UGT).

A member of the Federation of Workers ' Commissions Services (SERVICIOS-CCOO).

Two members by business representation:

A member of the National Association of Provincial Associations of Lotteries Administrators (ANAPAL).

A member of the National Foundation of Professional Associations of Lotteries (FENAPAL).

The Observatory will adopt its initiatives by consensus and will take its agreements unanimously.