Having regard to the text of the I collective agreement governing the industrial relations of private civil service providers of liberalized market air traffic and subject to concessional regime (code of convention number 99100105012012) that was signed dated July 16, 2012, by the Association Civil Air Transit Association (APCTA), representing the companies of the sector, and, of another, by the unions U.G.T. and CC.OO., in representation of the employees, and in accordance with Article 90 (2) and (3) of the Staff Regulations Act of the Workers, Recast Text approved by Royal Legislative Decree 1/1995, of March 24, and in Royal Decree 713/2010, of May 28, on the registration and deposit of collective agreements and agreements of work,

This Employment General Address resolves:

First.

Order the registration of the aforementioned collective agreement in the corresponding Register of collective agreements and agreements working through electronic means of this Steering Center, with notification to the Negotiating Commission.

Second.

Arrange for publication in the Official State Gazette.

Madrid, September 10, 2012. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.

I COLLECTIVE AGREEMENT GOVERNING THE INDUSTRIAL RELATIONS OF PRIVATE CIVIL SERVICE PROVIDERS OF LIBERALIZED MARKET AIR TRAFFIC AND SUBJECT TO CONCESSIONAL REGIME

PREAMBLE

Law 9/2010 of 14 April, which regulates the provision of air traffic services, lays down the obligations of the civil service providers of such services, and lays down certain working conditions for the provision of services. civil traffic controllers, initiated, for the reasons explained and argued profusely in their explanatory statement, a process of liberalization in the activity of the control of air traffic in Spain, giving input for the realization of this task to private companies as new civil service providers.

By virtue of the previous liberalisation process, the award has been made by way of indirect management in the form of administrative concession of air traffic control services in a total of 13 aerodromes in the Spain.

This collective agreement at national level is born as a consequence of the need to regulate in a homogeneous way the framework of the industrial relations that must be applied by the private companies supplying civil air traffic in the air traffic controllers and their air traffic controllers, taking into account the nature of the public service essential for society and the impact on the Spanish economy of the same.

This regulation has taken into account the specific rules that apply to the activity of air traffic control, specifically and specifically, as laid down in law 9/2010 of 14 April, which is regulated the provision of air traffic services, the obligations of the civil service providers of those services are laid down and certain working conditions are set for civil air traffic controllers, and Royal Decree 1001/2010 of 5 March, which sets out standards of aviation safety in relation to the times of activity and rest requirements for civil air traffic controllers, as well as other development regulations.

In short, this Convention aims to regulate in the framework of the process of liberalization mentioned above, and in the face of the complexity that labour relations, economic, social and economic conditions may have in this sector. (a) to be applicable to private companies which, by administrative award, are or are in future civil air traffic providers in Spanish aerodromes, prior to certification by the State Aviation Safety Agency (AESA)

CHAPTER I

General provisions

Article 1. Signatory parties.

These are parties to the present state-wide sectoral convention of one party, the trade unions CC.OO., UGT and, on the other hand, the association of employers of civil suppliers for the provision of traffic control services. air, APCTA, in business representation.

Both parties mutually acknowledge the legitimacy to negotiate the present Sectoral Convention within the meaning of Articles 87 and 88 of the Workers ' Statute, with the presence of the trade unions mentioned above. the nature of the most representative at the State level, in the case of a sector-wide and new-creation agreement; and the business association, when the companies associated with the majority of the air traffic controllers included in the of the functional and personal scope of this collective agreement, as air traffic control services concessions in aerodromes.

Article 2. Regulatory nature and general effectiveness.

Given the legitimacy and representativeness of the signatory organizations, this Convention has general rules and effectiveness, as provided for in Title III of the Workers ' Statute, and applies to all air traffic controllers, entities and controllers, present and future, within their functional, personal and territorial areas.

Article 3. Functional scope.

This Convention shall apply to all undertakings and private civil service providers of liberalized market air traffic and subject to a concession or other form of indirect management, in the provision of its services, and for all air traffic controllers in the sector, whose main activity consists in the provision of air traffic control services in the control towers existing at the different civil airports (airports)

Article 4. Personal scope.

This Convention is a must and a general observance for all companies, entities and air traffic controllers included in the functional field, except for the management or equivalent personnel who are expressly excluded from it.

Article 5. Territorial scope.

This Sectoral Convention is applicable throughout the territory of the Spanish State, without prejudice to the provisions of Article 1.4 of the Workers ' Statute.

Article 6. Structure of collective bargaining.

The structure of collective bargaining within its scope is defined in accordance with the following substantive levels of conventions, each of which has to fulfil a specific function:

-State sector collective agreement of private companies providing their services as civil air traffic control providers at aerodromes (airports), which regulates general working conditions in the sector previously mentioned business.

-Collective agreements of undertakings, which shall develop or regulate matters of a normative and obligational nature within their scope, with the conventions specified in the preceding paragraph, the signatory parties consider sufficiently covered, within the statutory framework, the structure of collective bargaining in the sector of private undertakings providing their services as civil service providers of air traffic control services in aerodromes (airports).

Article 7. Principle of complementarity.

The undersigned organizations of this Convention recognize the principle of complementarity and complementarity of the collective state collective agreement with respect to lower-level agreements in those non-regulated matters. in the same.

Article 8. Temporary scope.

The rules contained in this Sectoral Collective Agreement shall begin to apply from the day following the publication of the Agreement in the Official Gazette of the State, with its economic effects being rolled back to 1 January 2012, without prejudice to the provisions of the first provision of this Collective Convention and shall remain in force until 31 December 2013, except for matters where a different time area is fixed in the present case Convention.

Article 9. Complaint.

This collective agreement may be extended from year to year by tacit agreement of the parties, not to mediate denunciation in accordance with the following paragraph.

Any of the signatory parties may denounce this Convention within three months prior to the end of its validity. If the convention is denounced and until it is replaced by another, it will be available to the existing legislation.

Denounced the collective agreement, within the maximum period of one month the negotiating commission will be constituted, setting a negotiation schedule and giving start to the same one within 15 days from the date of constitution of the special negotiating body.

The maximum duration of the negotiations shall be determined by the provisions of Article 89.2 of the Workers ' Statute, in accordance with the provisions of this Collective Agreement.

In the event that the maximum period of negotiation has elapsed, the negotiating parties have not been able to reach an agreement, the parties in accordance with Articles 85 (g) and 86 (3) of the Workers ' Statute. subject the existing discrepancies to the established procedures, by means of the inter-branch agreements at State or regional level provided for in Article 83 of the Staff Regulations.

Article 10. Binding to the entire.

This Convention constitutes an organic and indivisible whole, and the parties are mutually bound to comply with it in its entirety.

If the competent jurisdiction changes substantially any of the clauses in its current wording, or invalidates any of its covenants or does not approve the entire content, the negotiating commission thereof, within the most It shall decide whether the amendment of such a clause requires a review of the reciprocal concessions which the parties have made, without prejudice to the provisions laid down and determined in the additional third paragraph of this Article. Convention.

Article 11. Compensation and absorption.

The economic conditions agreed in this collective agreement shall be compensable and absorbable for any future improvement in the economic conditions that are determined by the company, by legal provisions, conventional, administrative or judicial, provided that they are more favourable to air traffic controllers than those contained in this collective agreement, as a whole and on an annual basis.

Article 12. Joint committee.

A joint committee of 12 members, six on the social side and six on the business side, shall be set up for each of the parties to the present collective agreement in the form that they themselves. decide and with the functions specified in the following article.

The resolutions of the Joint Committee shall in any event require the favourable vote of the majority of each of the two parties, in accordance with their own rules. Resolutions validly adopted which interpret this Convention shall be of the same effectiveness as the rule which has been interpreted.

The parties may also be accompanied by the advisors or advisers who are determined in each case, who will be appointed, in equal numbers, by each of the representations, trade unions and business.

Article 13. Functions and functioning of the Joint Committee.

1. The Joint Committee referred to in the previous Article shall have the following functions

● Monitoring, monitoring and monitoring compliance with this collective agreement, as well as the interpretation of all its precepts.

● At the request of some of the parties, to mediate and/or to attempt to reconcile, if necessary, and after agreement of these at the request of the same, to arbitrate in how many occasions and conflicts, all of them of a collective character, can be subtracted in the application of this Convention.

● Understand, in advance and compulsory to the administrative and judicial route, in the terms provided for in paragraph 2 of this article, on the approach of collective conflicts arising from the application and interpretation of this Convention.

● To know, prior and compulsory to the communication to the company or companies concerned and to the employment authority, of the calls for strike that are proposed by application and interpretation of the Convention.

● In accordance with the provisions of Article 41.6 of the Workers ' Statute, intervene in the event of discrepancies that may arise within the scope of this Convention in the negotiation processes for the the modification of working conditions laid down therein, in accordance with the procedure laid down in paragraph 5 of this Article.

● Resolve any discrepancies which may be submitted to the Joint Committee in relation to the implementation of the working conditions provided for in the collective agreement affecting the matters listed in Article 82.3 of the Staff Regulations, and in accordance with the procedure laid down in the sixth paragraph of this Article.

● How many other functions are attributed to you in this Convention.

2. As a procedure, which shall be prior to and necessary for all administrative or judicial action to be taken, the signatory parties to this Convention shall be obliged to bring to the attention of the committee how many doubts, discrepancies or collective conflicts of a general nature, which may arise in relation to the interpretation and application of this collective agreement, provided that they fall within their jurisdiction in accordance with the provisions of the preceding paragraph, in order to ensure that, intervention, the problem raised, or if this were not possible, give an opinion to the in respect. Such a procedure shall be deemed to have been completed if the time limit laid down in paragraph 4 of this Article has elapsed, without having issued a judgment or opinion.

3. It is established that the questions which are to be promoted before the Joint Committee and which are their own competence, shall take the form of written form, and their content shall be sufficient to enable them to examine and analyse the problem with the necessary cause knowledge, and must have as mandatory content:

● succinct and concrete exposure of the subject.

● Reasons and fundamentals that you understand are attended by the or the proponent.

● Proposal or concrete request to be made to the commission.

The proposal will be accompanied by a number of documents that are necessary for the best understanding and resolution of the problem.

4. The commission may, by way of extension, obtain any information or documentation which it considers relevant for a better or more complete knowledge of the case, to which it shall give a time limit to the proposer which may not exceed five working days. The Joint Committee shall, upon receipt of the proposal or, where appropriate, complete the relevant information, shall have a period not exceeding 30 working days, in order to resolve the issue and to issue the appropriate opinion or resolution.

Expiry of that period without any resolution or opinion, the competent administrative or jurisdictional route shall be open.

If in any of the matters within the competence of the Joint Committee and subject to consideration thereof, it is not possible to reach an agreement, its submission to arbitration may be agreed in accordance with the provisions of the in the second provision of this collective agreement.

For the purposes of notification and convocation, the address of the joint commission is fixed at the following street address Guzmán el Bueno, number 21, 4. right floor, 28015 Madrid.

5. Without prejudice to points 3 and 4 of this Article, for the general resolution of the questions submitted to the Joint Committee, in cases where the same discrepancies arise in the case of the joint committee, a period of consultation to amend collectively the working conditions referred to in Article 41.6 of the Staff Regulations, the Joint Committee shall decide on the matter in relation to it within seven days from the date of its adoption. the written discrepancy was raised to this one.

In the event that the Joint Committee fails to reach an agreement on the discrepancy raised, or will not take a decision within the time limit set thereon, the resolution of the disagreement shall be understood as an attempt to resolve the dispute, The parties who brought it to the Court were able to act in this case in accordance with the provisions of Article 41.6 of the Staff Regulations.

6. Without prejudice to points 3 and 4 of this Article for the general resolution of questions or subject to the joint committee, in cases where the same discrepancies arise within the scope of this Article, of a period of consultation in relation to the neglect of the salary conditions laid down in this Collective Agreement, in accordance with Article 82.3 of the Staff Regulations, the Joint Committee shall decide where applicable in relation to the same within 7 days after the written discrepancy has been made; posed to this.

In the event that the Joint Committee fails to reach an agreement on the discrepancy raised, or will not take a decision within the time limit set thereon, the resolution of the disagreement shall be understood as an attempt to resolve the dispute, The parties who brought it to the Court were able to act in this case in accordance with the provisions of Article 41.6 of the Staff Regulations.

CHAPTER II

Hiring

Article 14. Recruitment.

According to the characteristics of the service provided by the companies in this sector, the contract of employment may be arranged indefinitely or for a given duration, both in part-time and in time complete, and under any of the modalities contained in the labor legislation in force at any time.

Article 15. Modalities of procurement.

The following procurement modalities may be held, among others:

1. Indefinite contracts under any of its modes

2. Fixed-term contracts.

2.a) Contract of work or service determined, regulated in accordance with the provisions of Article 15.1 (a) of the Staff Regulations.

2) (b) any contractual arrangements for production in accordance with Article 15 (1) (b) of the Staff Regulations, the maximum duration of which may be due to the circumstances of the production; accumulation of tasks or excess orders, may be up to twelve months worked within an eighteen month reference period.

In the event that the contract has been concluded for a duration less than the maximum set, it may be extended by agreement of the parties, for one time, without the total duration of the contract exceeding that maximum duration.

2.c) Contracts of interinity as regulated and provided for in Article 15.1.c) of the Staff Regulations.

3. Part-time contract: When the company needs to hire air traffic controllers to provide services for a number of hours per day, week, month or year less than the full time set in the present day Collective agreement may be used in the form of part-time employment, in the form and conditions laid down in the legislation in force at any time.

The part-time contract may be concluded for an indefinite period of time or for a specified duration in the cases in which it is legally permitted to be used.

To the assumptions of discontinuous works that are repeated on certain dates and are designed to carry out fixed and periodic works within the normal volume of activity of the company, the regulation of the contract will apply to them part-time, held for an indefinite period.

The indefinite fixed-time fixed-time contract will be arranged to perform work that has the discontinuous character and is not repeated on certain dates, within the normal volume of business activity.

When using the contractual mode of discontinuous fixed, the order and form of call with objective and non-discriminatory criteria will be established in each company.

The indefinite partial-time contract will be governed by the following rules:

a) The day and other working conditions will be determined according to the needs to be covered. The ordinary working day of a part-time worker shall be established in reference to that established for a full-time air traffic controller.

The company will also be able to vary the day and the schedule established in the contract of work of mutual agreement with the air traffic controller, adapting it to the needs of the service to cover. In the event of a voluntary non-acceptance by the worker or worker, the company may vary the day and the schedule established in its contract of employment as laid down in the current legal regulations.

In addition to the hours made by the worker or worker in ordinary working hours, the possibility of carrying out additional hours is agreed. The number of additional hours may not exceed 60% of the ordinary hours contracted.

4. Contracts in practice: Companies may use the hiring in practice, subject to the provisions of Article 11 of the Staff Regulations and in accordance with the provisions of this Article, for the incorporation of the Air traffic controllers/air traffic controllers from different training schools.

The internship period will have two distinct phases:

1. The period of training in the job, (onthejob) that enables to obtain the corresponding accreditation to provide its services at an aerodrome as an air traffic controller at a given aerodrome.

2. Period of practice for the consolidation of the knowledge acquired after the aforementioned habilitation.

The duration of the traineeship may in no case exceed the year of duration following the entry of the trainee/air traffic controller.

Air traffic controllers who are carrying out the above practices will receive a remuneration consisting of 70% of the economic perceptions set out in the wage tables for tier II. Sub-level IV annexed to this Convention, with the exception of the transport plus which shall be collected at 100%, falling under level III.

Article 16. Test period.

A test period may be arranged in writing for all contracts.

Both parties agree, in accordance with Article 14 of the Workers ' Statute, that the duration of the said test period should be six months.

During the probationary period the worker shall have the rights and obligations corresponding to his professional level and occupation which he or she carries out, except those arising from the work resolution, which may occur at the request of either party, without the need to claim any cause.

The test period may be interrupted by periods of temporary incapacity that may occur to the worker during submission to the worker.

After the trial period without a resolution by either party, the contract will produce full effects, considering as the starting date for the effective performance of the occupation and for the purposes of age at which the test period started.

The termination of the contract during the probationary period shall not result in any compensation payment of any kind to either party.

CHAPTER III

Organization of work, workday, and worktime

Article 17. Organization of the job.

It is for the company, in accordance with the provisions of Law 9/2010, of April 14, the organization, planning, management, management, supervision and control of the provision of air traffic services, with adequacy and respect to the existing legal provisions which may be applicable and to the provisions of this Collective Convention.

Article 18. Workday.

The annual working day established for the performance of the aeronautical activity will be defined in the Royal Decree 1001/2010, of 5 August, establishing standards of aeronautical safety in relation to the times of the activity and rest requirements of civil air traffic controllers, established at 1,670 hours per year, and may be increased by up to an additional 80 hours in accordance with the provisions of Article 35 of the Staff Regulations the Workers, approved by Royal Legislative Decree 1/1995, of March 24.

In accordance with the additional provision of Royal Decree-Law 13/2010 of 3 December 2010, of actions in the field of taxation, labour and liberalisation to encourage investment and job creation, in the calculation of the Annual aeronautical activity limit of 1,670 hours shall not be taken into account other non-aeronautical work activities such as imaginary activities outside the work centre and periods of non-aeronautical training as an activity aeronautics.

These activities, as they do not affect the aviation safety limits, will be taken into consideration exclusively for labor affections in accordance with the provisions of the single additional provision of Royal Decree 1001/2010.

In accordance with Article 35.4 of the Workers ' Statute, given the special nature of the services provided, as well as the essential character of the services for the proper functioning of the system airport, the extra ordinary hours referred to in the preceding paragraph, and which for service reasons must be made shall be compulsory.

The undertaking may pay such extra ordinary hours in accordance with the price established for the purpose in Article 48, or compensate them for equivalent times of rest paid according to the needs, requirements and availabilities to present the service.

For the purposes of meeting the needs and training requirements necessary for the safety of air navigation, the quality of service, and professional development, a period of 40 hours is established for training year.

Article 19. Distribution of the day.

The distribution and determination of the day will be carried out by the companies attending to the needs of the service, and within the exclusive faculty of organization, planning, direction, and control of the management that attributes of Law 9/2010 of 14 April as a civil service provider of air control services in Article 2.

In particular, Article 2.2.e of Law 9/2010 provides that the civil service provider is empowered to take the measures necessary for the organisation of the shifts, schedules and breaks of the personnel.

By virtue of the above, companies will establish in the job or service centers, rotating shift systems that are considered accurate for an adequate and efficient provision of air control services. start the aeronautical activity in any of the periods of activity referred to by Royal Decree 1001/2010 of 5 March, on activity time and rest requirements of the civil traffic control controllers air.

Work shifts will be determined on a monthly basis, being published in the workplace at least 15 days in advance at the start of the work. Once such shifts have been published, they may not be modified, except for error, omission, overcome, or prior agreement with the affected workers.

The shift systems must be in line with the limits established for the distribution of the periods of activity and rest established in Royal Decree 1001/2010 of 5 March, on time of activity and rest requirements for civil air traffic controllers.

Article 20. Time of work.

The regulation of working time must be in line with the provisions of Royal Decree 1001/2010 of 5 March 2010 laying down rules on aviation safety in relation to the time of work and the rest requirements for civil air traffic controllers.

To be repealed, in whole or in part, the norm previously indicated by any other that replaces it, will be in this matter to the legal regulation in force that directly or indirectly regulates the norms of aviation safety in relation to the activity times and rest requirements of the air traffic controllers.

Article 21. Definitions in relation to the regulation of working time and rest requirements.

a) Operational activity: time during which an air traffic controller effectively exercises the privileges of the unit annotation of its license in an operational position.

(b) Aeronautical activity: time in which the air traffic controller performs an operational activity, including partial breaks, the period of imaginary accounting for these effects as provided for in the Article 13 of Royal Decree 1001/2010 and the time dedicated to the formation of unit managing actual air traffic.

When defining what is meant by aeronautical activity, other non-aeronautical work activities, such as imaginary activities outside the workplace, and periods of training will not be taken into account. computable as an aeronautical activity.

For the computation of the monthly aeronautical activity, it shall be considered months of 30 days or 720 consecutive hours.

c) Partial rest: time-exempt operational activity that computes as aeronautical activity.

d) Rest: an uninterrupted and defined period of time during which an air traffic controller is relieved of all activity and the provision of imaginary.

For the computation of monthly breaks, it will be considered months of 30 calendar days or 720 consecutive hours.

e) Imaginary: localized guards or period during which and in a previously organized manner, the air traffic controller is at the disposal of the company and may be required to provide traffic control service air.

f) Period of activity: duration of the aeronautical or operational activity, as the case may be, to be performed by the air traffic controller according to the organisation designed by the company for the provision of services air traffic control.

Article 22. Period of daily, monthly and annual aeronautical activity.

1. The maximum duration of a continuous period of aeronautical activity is 10 hours, with a minimum rest of 12 hours to be guaranteed between the completion of a period of aeronautical activity and the start of the next period.

2. The monthly aeronautical activity shall not exceed 200 hours.

3. The annual aeronautical activity shall not exceed 1,670 hours, without prejudice to the possibility of being increased by ordinary overtime to a maximum of 80 hours per year in accordance with Article 35 of the Staff Regulations. Workers.

Article 23. Consecutive periods of aeronautical activity and breaks.

1. The duration of consecutive periods of aeronautical activity may not exceed 50 hours. No more than six consecutive periods of aeronautical activity may be carried out regardless of the daily duration of each period of aeronautical activity.

At the end of the aeronautical activity periods provided for in the preceding paragraph, the air traffic controller shall be guaranteed a minimum rest of 60 hours, which may be reduced provided that at least the provided for in Article 7 of Royal Decree 1001/2010 of 5 August 2010.

2. The minimum monthly rest shall be 180 hours, at least in three rest periods of a minimum duration, each of them not less than 54 hours.

3. Where the undertaking schedules less than 6 consecutive periods of aeronautical activity, provided that the total duration of the aeronautical activity is less than 50 hours, the minimum monthly rest shall be as set out in the preceding paragraph. However, the minimum duration of one of the rest periods may be reduced to 48 hours.

Article 24. Periods of operational activity and partial breaks.

The maximum duration of a period of continuous operational activity shall not exceed 2 hours, with a minimum partial rest of 30 minutes guaranteed to be completed, except as provided for and specified in Article 8 of the Royal Decree 1001/2010.

However, undertakings may decide that the partial rest provided for in the preceding subparagraph shall be broken down in the course of that two-hour operational period, provided that it ensures that the sum of the partial breaks fractious reaches the minimum duration of 30 minutes.

Article 25. Units with periods of low traffic density and monoppositional towers.

1. In units which present periods of low workload and the activity of air traffic to which the service is provided is discontinued, undertakings may extend the duration of the period of continuous operational activity to a maximum of 4 hours.

In the extension of the duration of the period of continuous operational activity, a rest or partial breaks equivalent to that established in Article 7 of the Royal Decree must be assured to the air traffic controller. 1001/2010, of 5 August, extending it in proportion to the time when the period of operational activity has been extended.

In sufficient time for the extension of the duration of the period of continuous operational activity, the undertaking must submit to the State Aviation Safety Agency a report justifying enlargement on the basis of the traffic demands, operational positions and any other relevant circumstances for the purpose of such extension.

2. In the control towers whose workload allows them to be serviced by a single operational position, the period of continuous aeronautical activity may be extended to a maximum of 12 hours.

In the event of such an extension, it will be ensured that the air traffic controller/a is to enjoy a partial break during the daily period of aeronautical activity of at least 1 hour and 30 minutes which may be freely distributed by the designated provider for the provision of air traffic control services. In this case, the maximum duration of the period of continuous operational activity provided for in Article 7 of Royal Decree 1001/2010 of 5 August 2010 shall not apply.

Companies should establish coordination with the approach control services that is necessary to ensure the partial break provided for in the previous paragraph.

Article 26. Relays.

1. In order to ensure the transfer of functions ordered in the relay of controllers at the beginning and end of a period of aeronautical activity, the supplier designated for the provision of air traffic control services may extend the maximum duration of the continuous period of aeronautical activity for the time required to make the transfer, up to a maximum of 15 minutes.

The time period spent doing the handover of functions will compute as operational activity for the controller/end of its activity.

For the air traffic controller to start its activity period, this extension shall not compute for the purposes of the maximum duration of the aeronautical activity period, although it shall be computable as effective working time.

2. The minimum duration of each of the rest periods provided for in Article 6 of Royal Decree 1001/2010 of 5 August may be reduced to a maximum of 30 minutes for the exclusive effects provided for in the preceding paragraph, be guaranteed, in any case, the number of hours of monthly rest.

Article 27. Period of night aeronautical activity.

1. It is considered a night time activity, which takes place, in whole or in part, between 01:30 and 05:29 hours.

2. The maximum duration of the continuous period of night aeronautical activity is 9 hours 30 minutes, and must be completed at 07:30 p.m. at the latest.

At the end of a period of night time, a minimum rest period of 48 hours shall be guaranteed before the next day of the day, unless the undertaking schedules two consecutive periods of activity. Night aircraft, in which case the provisions of paragraph 3 shall be complied with.

3. Only two consecutive periods of night aeronautical activity may be carried out, with a minimum rest period of 54 hours being guaranteed.

Article 28. Period of early morning aeronautical activity.

1. It is considered early morning aeronautical activity that begins between 05:30 a.m. and 06:29 hours.

2. The maximum duration of the continuous period of early morning aeronautical activity shall be 8 hours.

3. For a consecutive period of 6 days or 144 hours, only two periods of early morning aeronautical activity may be carried out.

No more than two consecutive periods of early morning aeronautical activity can be performed when both start before 06:00 hours.

4. Each period of early morning aeronautical activity beginning before 06:00 hours shall be considered as two periods of matinee aeronautical activity for the purposes of the limitations provided for in Article 12.2 of Royal Decree 1001/2010.

5. In the units in which to reinforce the rest, the company has reduced to 1 hour 30 minutes the maximum duration of the period of continuous operational activity provided for in Article 7 of Royal Decree 1001/2010 must be met the following limitations of operational activity periods:

(a) In the early morning aeronautical activity starting before 06:00 hours, all periods of operational activity shall be limited to 1 hour 30 minutes in any operational position, designated as resting reinforced or not.

(b) In the early morning aeronautical activity starting at 06:00 hours or after that time, in any operational position, designated as a reinforced rest or not, the first operational activity shall be limited to 1 hour 30 minutes.

Article 29. Period of matinee aeronautical activity.

1. Matineal aeronautical activity is considered to begin between 06:30 and 07:59 hours.

2. The maximum duration of the continuous period of matinee aeronautical activity shall be 8 hours 30 minutes.

3. No more than five consecutive periods of matinee aeronautical activity may be performed. For the calculation of this limit, the periods of aeronautical activity in the early hours will be counted, with the same as those referred to in Article 11.4 of Royal Decree 1001/2010.

Article 30. Imaginary service.

1. The maximum duration of an imaginary period is 20 hours on a monthly basis.

The imaginary time at the place of work will compute double for the purposes of the limitation provided in the preceding paragraph.

2. The imaginary carried out in the workplace will compute as an aeronautical activity even if the controller/a is not called for the realization of operational activity. In the latter case, the operational activity carried out by the air traffic controller, in addition to the limitations, extensions and breaks applicable to it in accordance with the provisions of the previous articles, shall be application of the limit provided for in the first paragraph.

3. For a consecutive period of 6 days or 144 hours, no more than two imaginary days may be held.

4. After a night imaginary service in which the controller has not been summoned to his or her work centre or when he performs the night imaginary at the centre of work, he will be guaranteed a break of at least until noon of the day. next to the night service covered by such imaginary.

5. Companies shall avoid, as far as possible, that in an imaginary the air traffic controller is summoned on more than one occasion to the place of work.

Article 31. Simulators.

1. The practical training of work using simulators and the corresponding evaluations do not have the consideration of aeronautical activity. However, they will be computed as effective working time.

2. The tests and assessments on the simulator taking place during the rest periods provided for in Article 6 of Royal Decree 1001/2010 shall be programmed in such a way as to ensure that the air traffic controller is assured of any of the two possibilities following:

a) A minimum 40-hour rest between the end of the test or the simulator assessment and the start of the aeronautical activity.

b) A minimum rest of 24 hours, before and after the test or evaluation.

Article 32. Rest areas and other facilities.

1. The undertaking, taking into account the facilities in which it provides its services, shall make appropriate facilities available to air traffic controllers during partial breaks.

2. Rest facilities must consist of at least one separate room, away from the operating room and reasonably quiet. Adequate and sufficient furniture must be provided for the staff who may be at the same time as part of a partial rest period.

3. Furthermore, the supplier designated for the provision of air traffic control services shall make available to air traffic controllers suitable facilities for the preparation and storage of food or drink or facilities where to obtain them which, in this case, must be at a reasonable distance from the unit.

Article 33. Modification of periods of aeronautical activity and breaks due to unforeseen circumstances.

1. Where necessary to respond to unforeseen, temporary and short-lived circumstances, such as difficulties in the unit or non-foreseeable traffic demands, the supplier designated for the provision of control services Air traffic may temporarily change the periods of aeronautical activity up to a maximum of 2 hours 30 minutes. In these cases the rest before the next period of activity will be increased by four hours.

2. As soon as possible, the supplier company designated for the provision of air traffic control services shall communicate to the State Aviation Safety Agency the modification made and, in any event, within a period not exceeding 72 hours since the modification of the periods of aeronautical activity was agreed.

3. The communication to the State Aviation Safety Agency shall contain detailed information on the following:

(a) The reasons justifying the need for the measure and other alternatives valued, as well as the causes that discourage the adoption of the latter.

b) Aeronautical activity times and breaks, as well as the limits of continuous operational activity and partial, planned or agreed breaks, as the case may be.

c) The duration of the measure.

Article 34. Modification of periods of aeronautical activity to meet extraordinary demands for air traffic.

1. Where it is necessary to respond to temporary foreseeable extra-ordinary circumstances, undertakings may temporarily modify the periods of aeronautical activity and the breaks provided for prior authorisation by the Agency. State of Air Safety, in accordance with the provisions of Royal Decree 1001/2010.

2. In the application for authorisation, the undertaking designated as a supplier for the provision of air traffic control services shall identify:

a) The extra ordinary circumstances that justify the modification and its duration.

b) Programming of the time of aeronautical activity and breaks, as well as the limits of continuous operational activity and partial breaks.

c) The alternative measures considered and the reasons that advise them.

Article 35. Limits to the modifications of the periods of activity.

The modifications of the periods of activity and breaks that occur as a result of the provisions of art 16 and 17 of Royal Decree 1001/2010 must respect, in any case:

(a) The limit of the monthly aeronautical activity provided for in Article 5.2 of the Royal Decree 1001/2010.

b) A minimum rest period of 180 monthly hours, if any, computed over a period of two months.

CHAPTER IV

Holidays, permissions, and licenses

Article 36. Holidays.

The paid annual leave period will last for thirty calendar days.

They will be vacationable every month of the year.

The criteria for holiday enjoyment will be set in each company. For the establishment of the holiday period, the periods of increased activity and workload will be taken into account.

The exercise of this right will be regulated within the scope of the company.

The air traffic controller who ceases in the course of the year shall be entitled to receive the proportion of the holiday which he has not enjoyed. If you have enjoyed more time than you do, you will have to compensate the company for the excess, which may be the corresponding discount in the liquidation.

During the holiday period, the air traffic controller shall receive the remuneration concepts expressly referred to in Article 46 of this Convention.

Article 37. Permissions and licenses.

1. The air traffic controller shall, after warning and justification, enjoy the following permits and licences:

a) Fifteen calendar days in case of marriage.

(b) Two days in the case of child birth, death, accident or serious illness, hospitalization or surgical intervention without hospitalization requiring the home rest of relatives up to the second degree of consanguinity or affinity. Where, for that reason, the air traffic controller (s) needs to move to the effect other than that of the usual residence, the time limit shall be four days.

c) One day per move of the usual address.

(d) Up to five days at most per year for the carrying out of examinations or final tests for fitness and/or evaluation in official training centres.

Enjoying the day or days off, the air traffic controller/controller must justify the conduct of the examination.

The exercise of the right of paid leave referred to in the foregoing points shall begin immediately in the event of the cause, except in cases of serious illness or hospitalization. In these two cases, the permit may be initiated always within the period in which the serious illness or hospitalization of the family member concerned persists and, of course, for only once within each period in which such a fact occurs.

e) For the time indispensable, for the fulfilment of an inexcusable duty of a public and personal nature, understood the exercise of the active suffrage, without prejudice to what is legally determined for these assumptions.

f) To perform trade union or staff representation functions on the legally or conventionally established terms.

g) For the time required to perform prenatal tests and birth preparation techniques to be performed within the working day.

2. The air traffic controllers, who are breastfeeding for a child under nine months of age, shall be entitled to one hour of absence from work, which may be divided into two fractions. Whoever exercises this right, by his will, may substitute for a reduction of his working day in half an hour for the same purpose, or accumulate this right in 19 days. This permit may be enjoyed by either the mother or the father in case both work.

3. In the case of births of premature infants or who, for any reason, must remain hospitalized after delivery, the mother or father shall be entitled to leave the 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. For the enjoyment of this permit you will be as provided for in paragraph 5 of this article.

4. Those who, for reasons of legal guardian, have a direct care of a person of less than ten years or a person with a physical, mental or sensory disability, 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 of the duration of the salary.

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 workers of the same undertaking generate this right by the same deceased person, the employer may limit his or her simultaneous exercise for justified reasons of operation of the undertaking.

5. The time-frame and the determination of the period of enjoyment of the breastfeeding permit and the reduction of working hours provided for in paragraphs 2, 3 and 4 of this Article shall be the responsibility of the air traffic controller, within its ordinary day. The air traffic controller shall be required to notify the undertaking 15 days in advance of the date on which it will return to its ordinary day.

6. In order to make effective their right to protection and comprehensive social assistance, female victims of gender-based violence will be entitled to the reduction of the working day with a proportional reduction in wages or salaries. reordering of your working time, through the establishment of flexible hours or other similar measures, always in the legally established terms and conditions.

7. The right to the reduction of the day of those who are parents, adopters or welcoming or permanent, for the care, during the hospitalization and continued treatment, of the child to their care affected by cancer, or any other serious illness shall be defined by the circumstances, limits and conditions laid down in the third subparagraph of paragraph 5 of Article 37 of the Workers ' Statute and its implementing rules or those other provisions which replace them.

CHAPTER IV-bis

Professional levels

Article 38. Professional groups.

A) The air traffic control personnel assigned to this Convention are divided into the following professional groups according to their experience, volume of traffic managed, activities they carry out, responsibilities and tasks assigned to you in the effective exercise of your position:

Group 1: Head/Head of Unit/Tower. It will be responsible for the operational unit assuming responsibility for the management of the unit, applying the processes of planning, organization, management and control of the operation of the unit according to the current legal regulations and the internal company procedures.

This is a trusted position of the company and is of free designation, but the minimum requirements of the post are:

● The air controller's own.

● Be or have been in possession of the corresponding drive ratings.

Group 2: Air traffic controller. It shall be responsible for organising, planning, directing, managing, implementing and monitoring operational aspects leading to the control of affluence and the regulation, management and control of the general air circulation, as well as the other functions of administrative or management character to be attributed to them, in order to ensure the safety and fluidity of the transit of aircraft.

Air traffic controllers, after appointment by the company, may exercise, in addition to the functions of their post, those of the instructor and/or evaluator, provided they have the corresponding annotation of instructor and comply with the relevant legal requirements to exercise such functions.

Instructor/a and evaluator/a functions shall be paid by the undertaking by means of a function supplement described in Article 44 of this Convention.

The acceptance of the carrying out of the functions of instruction and/or evaluation shall, as a general rule, be of a voluntary nature. In exceptional cases and where the continuity of the service may be affected, the undertaking may determine the exercise of the functions of instruction and assessment in a mandatory manner.

Equally to the air traffic controllers prior to designation by the company, they may exercise, in addition to the functions of their post, the supervisor/a unit of a unit.

The supervisor/a functions shall be paid by the undertaking by means of a function supplement described in Article 44 of this Convention.

In this group 2, four different sublevels are raised:

Level I: You will be in the air traffic controller/controller level with the controller license in effect, you have exceeded three years of stay in sub-level 2, having obtained a performance evaluation positive during the period in which the air traffic controller was framed at the above mentioned level.

Level 2: This controller/a air traffic level will be framed with the driver's license in force, has exceeded three years of sublevel 3, having obtained a performance evaluation positive during the period in which the air traffic controller was framed at the above mentioned level.

Level 3: You will be in the air traffic controller/controller level with the driver's license in force, you have exceeded three years of stay in sub-level 4, having obtained a performance evaluation positive during the period in which the air traffic controller was framed at the above mentioned level.

Level 4: The air traffic controller/controller that has the driver's license in force at this level will count up to three years of accredited experience as an air traffic controller since completion. of the traineeship or training period.

Group 3: Air traffic controller/training. They belong to this group:

1. These air traffic controllers who, by providing their services to the company, are in possession of the student's licence/driver's licence and are in the training phase of the job in a unit, failing to comply with the experience and enablement requirements to be framed at level 2.4

2. Those air traffic controllers who, having passed the training period at the job and obtained the relevant rating, are in a period of practice defined in accordance with the provisions of Article 17.3.

In-practice air traffic controller/controller must meet the following requirements:

● Be in possession of the learner's license/a controller.

● Having the age legally established.

● Haber passed the basic training course approved by the air navigation authority.

● Haber passed the suitability tests according to the specific selection profile for this professional collective.

● Having obtained the level of language proficiency officially required in English.

● Be the holder of the medical certificate and in force in accordance with the regulations in force at any time.

B) Revenue of air traffic controllers, and their framing in the different professional groups set out in paragraph (a) of this Article.

Air traffic controllers that are incorporated as trainee/trainee trainees, will be engaged in traineeships for a period of one year and will be placed in Group III of this Convention.

Those air traffic controllers who demonstrate from their rating an experience that is contrasted as a controller/air traffic controller shall be framed at the appropriate level according to the following scale:

(a) Air traffic controllers with up to four years of accredited experience shall be placed in group 2 level 4.

(b) Air traffic controllers that have between 4 and 7 years of accredited experience shall be placed in group 2 level 3.

(c) Air traffic controllers having between 7 and 10 years of accredited experience shall be placed in group 2 level 2.

(d) Air traffic controllers with more than 10 years of accredited experience shall be placed in group 2 level 1.

It is considered an accredited experience, the one that the air traffic controller credits as an active duty time by carrying out own air traffic control tasks for any company, after obtaining its Corresponding enablement as an air traffic controller/controller.

Article 39. Progression between different groups and professional levels.

In order to make progress between the various professional levels established in Group II determined in Article 41 of this Convention, the air traffic controller/controller must acquire or credit the time of experience. referred to in the previous article and have a positive performance evaluation during the period of the survey at the level of provenance.

For these purposes, companies will have to evaluate air traffic controllers annually.

Not to do so, the progression to the next level will be produced solely by the achievement of the relevant experience referred to in Article 41 of this Convention.

Each company will determine to meet objective criteria, the performance evaluation system that will be applicable.

Air traffic controllers in practices as provided for in this Convention may be engaged, once their hiring is completed, in group 2, level 4, provided that the contract is completed in accordance with the provisions of this Convention. Evaluation of the traineeship period has been rated as positive by the company.

Article 40. Framework for the various professional levels of staff incorporated into the company.

Personal who joins the company by crediting a prior experience as an air traffic controller/controller, will be placed at the appropriate level within Group 2, based on the proven experience.

CHAPTER V

Remuneration structure

Article 41. Wage system.

All the economic perceptions of air traffic controllers, in money or in kind, by the professional provision of the employment services for others, will be considered to pay, as well as pay for the work cash, whatever the form of remuneration, or the periods of rest that can be used as work.

They will not have the consideration of salaries for the amounts received by the air traffic controllers in terms of compensation or compensation for the expenses incurred as a result of their work activity, the benefits Social security benefits and allowances for transfers, suspensions or redundancies.

In the absence of this chapter, the legal and jurisprudential criteria that apply at any time shall apply.

Article 42. Wage structure.

The economic perceptions that air traffic controllers will receive may be of a wage or non-wage nature, in accordance with the provisions of this Article.

1. Perceptions of a salary nature: the condition of salary is the following economic perceptions:

(A) Base salary: This part of the monetary remuneration that is determined by the group and/or level in which the air traffic controller/controller is framed. It pays back the ordinary working time and will be paid on a monthly basis, as well as in the extraordinary pages (June and December). This concept shall be collected in accordance with the amount set out in the salary table annexed.

B) Wage supplements: These are the amounts that, if any, are to be added to the base salary, based on circumstances other than the time unit, and may be:

B. 1) Job supplements: The special circumstances that are present in the job, such as the provision of services to shifts, the nocturnity and, in general, any other circumstance that can be present in relation to the professional activity that develops and the job.

1. Plus of turnicity. Pay for rotating shifts of work, that is, the provision of services with different schedules in certain time periods and with specific bookkeeping systems.

This plus of tournicity rewards, not only the rotation in the provision of services with different schedules, but also the provision of services in holidays and weekends, (Saturdays and Sundays), which by quadrant or rotation may be assigned to air traffic controllers.

This add-on is not consolidable so it will no longer be perceived when the causes that prompted its grant cease.

The amount of this supplement is set out in Annex 1 to this Convention and will be paid monthly and in the two extra ordinary pages (June and December).

2. Plus de nocturidad. Pay back the work done between 22:00 and 6:00 hours (ten in the evening and six in the morning).

This is a non-consolidable add-on, so you will cease your credit when the necessary requirements for your payment are not met.

The value of this supplement shall be as set out in Annex 1 to this document and shall be paid on a monthly basis and on the two extraordinary pages.

3. Plus instructor and/or evaluator/a. This plus rewards, upon appointment by the company, the effective exercise of responsibilities and functions relating to the training, instruction and assessment of air traffic control activity.

This plus has the non-consolidable character, effectively being paid when the air traffic controller performs any of the aforementioned functions.

This plus shall be paid monthly in accordance with the salary tables annexed to this Convention and shall be charged with an additional surcharge of 20% in the event that the air traffic controller performs the training functions and assessment.

4. Plus supervisory. This plus rewards, upon appointment by the company, the effective exercise of the responsibilities and functions relating to the performance of coordination and supervision tasks in the operational units.

This plus has the non-consolidable character, effectively being paid when the air traffic controller performs any of the aforementioned functions.

B. 2) Complement of punctuality: Given the special importance for private providers of air traffic service it has the punctuality in the provision of the service that is carried out, due to the possible penalties that on the part of the customer of the service can be imposed, this complement is paid the special diligence of the air traffic controller in the fulfillment of the schedules of entry, exit and service that correspond to him and that it allows to comply with the quality and service standards to which the private provider commits.

The company will not pay this add-on if the controller does not meet its punctuality commitment. It is understood that it does not meet the aforementioned commitment of punctuality when there is a delay in the entry or an advance on its scheduled departure of more than 10 minutes in daily computation in the period of one month, or more than 200 minutes of delay in the computation global mentioned above.

All of the above, without prejudice to the penalties provided for in the disciplinary regime of this collective agreement that may lead to impunity.

B. 3) Assistance supplement. Given the importance of service delivery and the complexity of the shift system, companies will give back assistance as a measure to encourage the reduction of work absenteeism.

This supplement will not be collected if the air traffic controller has absences from work in excess of two days in the one month period.

This add-on will be paid monthly and will not be consolidable given its nature.

The amount of the same is set out in Annex 1 to this Convention.

For the purposes of this supplement, any lack of work, including IT, other than that produced by accident at work, occupational disease or accident in itinere, paternity and maternity leave, shall be deemed to be absent. related to the risk of pregnancy, holidays and those arising from the training of staff, the permits referred to in Article 40 of this Convention, the carrying out of compulsory medical examinations for the performance of their job, (a) the absence of reasons for and the reasons for the ET's Article (e); the company outside the attachment unit.

B. 4) Plus time availability. It pays for the provision of the company being out of service, as well as the periods of imaginary non-computable as a period of aeronautical activity, for the performance of operational services at the request of the same when operational needs and service needs to be done.

The air traffic controller that is assigned to a rotation system with hourly availability will receive a monthly payment of 300 euros, as provided for in the salary table annexed to it.

C) Maturity remuneration higher than month. Extra ordinary pay: in accordance with Article 47, two extra ordinary monthly accruals shall be collected in the year.

2. Perceptions of a non-wage nature: Plus transport: compensates for the costs incurred due to the displacement to the workplace. This plus will not be charged when the air traffic controller/controller is enjoying his/her holiday period. The amount of the transport plus is determined in the salary table annexed.

Article 43. Remuneration for holiday periods.

During the holiday period, the following concepts will be collected: base salary, turnicity plus, availability plus, time-availability supplement, and plus-length-of-time.

Those traffic controllers who are perceiving at the beginning of their holiday period the plus of the supervisor or the plus of the instructor and/or examiner, will receive during the same the mentioned function pluses.

Article 44. Periodic maturity salary supplements higher than month.

Two extra ordinary bonuses are set to be paid in the months of July and December. The accrual of these payments will be half-yearly; from January to June and from July to December, respectively.

These pages will be composed of the following salary concepts: base salary, turnicity plus, attendance supplement, and hourly availability plus.

Staff entered during the course of the year or who will cease during the year will receive the amount corresponding to this concept by prorating the time effectively worked during the year.

Article 45. Overtime.

The company establishes, as a general rule, the desirability of reducing to the minimum indispensable the realization of overtime, adjusting in this matter to the following criteria:

(a) Extraordinary hours that are required by the need to repair claims and other damages or extra ordinary and urgent needs. They shall be considered as force majeure and must be carried out.

(b) Extraordinary hours necessary to attend to peak periods of air traffic unscheduled absences, shifts of shift or other circumstances of a cyclical nature arising from the nature of the activity of the air traffic control. In view of the nature of the service provided, and in accordance with Article 35.4 of the Staff Regulations, both parties agree on the mandatory nature of their implementation.

Only hours exceeding the ordinary annual day (1670 hours per year) shall be considered as extraordinary.

The number of overtime, except for force majeure, may not exceed 80 per year.

The undertaking may give back overtime made in accordance with the value laid down in the salary table annexed to this Convention or compensate for equivalent rest periods.

The value of the extraordinary time will be set to the reflected in the attached salary table for each level/sublevel set.

Article 46. Salary payment.

All perceptions, except those of periodic maturity higher than the month, will be paid monthly, for periods due. Companies are entitled to pay back pay by cheque, transfer or other payment method through banking institutions.

The salary payment documentation will consist of a salary receipt that contains the worker's or worker's different perceptions, as well as the deductions that are legally or conventionally derived.

Article 47. Economic perceptions of air traffic controllers on a part-time basis.

Minimum gross fixed economic perceptions for air traffic controllers on a part-time basis shall be those set out in the preceding articles in a proportional manner, depending on the time worked except for the plus transport to be charged in full.

CHAPTER VI

Staff and union representation rights.

Article 48. Right to free trade union membership and constitution of trade union sections.

Companies in the sector will respect the right of all air traffic controllers to freely join a certain union, to hold meetings, to collect quotas and to distribute union information, all in accordance with the law. with the legislation in force.

In accordance with the provisions of the Organic Law on Freedom of Association, and subject to the provisions of the Law in relation to its functions and duties, union sections may be established and union delegates may be appointed.

Article 49. Functions of the organs of representation of existing workers in the company.

Without prejudice to the rights and powers granted by law, the works councils and the delegates of the right to:

a) Be informed by the Company Address:

● About the layoffs made in the same.

● The penalties imposed by the company for the commission of faults qualified as serious or very serious infractions.

● Quarterly, at least, on the general evolution of the economic sector to which the company belongs, on the evolution of the business and the situation of the company itself.

● Annually, to know and to have at your disposal the balance, count of results, the memory.

● The models of written work contracts that are used, as well as the documents relating to the completion of the employment relationship.

● Statistics on the index of absenteeism and their causes, accidents at work and occupational diseases and their consequences, rates of accidents, movement of cesses and income and promotions and newsletters tc-1 and 2 to Social Security.

b) Prior to their execution by the companies, they shall be entitled to issue a report on:

● The restructuring of the same or its work centers, total or partial closures, definitive or temporary, as well as on the business training plans of the companies.

● The implementation or review of the systems of work organization and any of its possible consequences, studies of times, establishment of systems of premiums or incentives and valuation of jobs.

● The merger, absorption or modification of the legal status of the company, where this implies an impact that significantly affects the volume of the employment acquired.

c) Exercise control or oversight work on the following subjects:

● Compliance with existing labour and social security standards, as well as on the agreements, conditions or uses of the company in force, formulating how many legal actions are appropriate for the company and the specific bodies or courts.

● The execution and realization of the applicable training plans in the field of enterprises.

● Job recruitment at the company level through the documentation that is required to be delivered to you.

● Compliance with the principles of non-discrimination, equality of the sexes and opportunities and a rational policy for the promotion of employment. They will ensure that the working conditions are accommodated in the current regulations on occupational health and risk prevention and the requirements that the regulations that develop them establish.

Article 50. Professional Sigilo.

The members of the business committee and staff delegate, individually or jointly, shall observe professional secrecy regarding confidential information which, by reason of their position, are known to the companies, even if they are not after leaving office, and in particular, in all matters that the Directorate qualifies as a reserved matter.

Article 51. Union fee discount.

At the written request of air traffic controllers, companies will discount on their monthly payroll the amount of the corresponding ordinary or extraordinary union fee.

To do this, it will be delivered to the address of a document signed by the controller/in which the order or authorization of discount will be expressed clearly, the amount, the central union destination, as well as the account number The current or savings book to which the amount of the amount is to be transferred.

The Business Address will submit a copy of the transfer listing to the corresponding union representation.

Article 52. Union guarantees for members of the business committee and staff delegates.

Without prejudice to the provisions of Article 54 et seq. of the Staff Regulations, and of the provisions of this Collective Convention on the Disciplinary Regime, no member of the business committee nor delegate may be dismissed or punished during the performance of his duties or within the year following the expiry of his term of office, for the exercise of his representative duties.

If the penalty for alleged serious or very serious misconduct to other causes, a contradictory file must be dealt with, in addition to the person concerned, the business committee or other personnel and the staff. delegate/to union, if any, of the organization to which it belongs.

Also, no representative of the workers may be discriminated against in their economic or professional promotion because of the performance of their representation functions.

Workers ' representatives will have priority of staying in the company or workplace, in respect of the rest of the workforce, in the cases of suspension or termination of contracts for technological reasons, economic, organizational, production or force majeure.

They may not be discriminated against in their economic or professional promotion because of the performance of their legal representation. They may exercise freedom of expression in the internal sphere of the company in the matters of their representation, being able to publish or distribute without disturbing the normal functioning of the business activity those publications of interest employment or social. The execution of such tasks shall be performed in accordance with the legal regulations in force at any time.

You will have the credit schedule of paid monthly hours that the law determines by reason of your position and the volume of the company.

The trade union hours of the various representatives of workers with the right of trade union credit may be accumulated, between one or more of these representatives, without the maximum total of the accumulated union credit being exceeded, being relieved of the provision of his services without prejudice to remuneration.

CHAPTER VII

Prevention of occupational risks and occupational health

Article 53. Principles and general aspects.

The companies required by this Convention consider that the prevention of possible harm to persons constitutes an objective as important and as a priority as any other that can be defined for their business management. On the basis of such an approach, it is:

A self-prevention service in cases that are legally enforceable, agreed upon, or jointly, as a consultant, driver, and verifier of appropriate policies, criteria, and measures.

A clear definition of responsibility along the organizational structure to bring the execution of preventive activity to fruition.

A framework for training and information for appropriate and continuous management and workers.

Compliance with the regulations deriving from the Law on the Prevention of Occupational Risks and other implementing regulations will ensure a correct line of action to be followed by the entire organization.

Companies undertake to integrate the prevention of occupational risks in all their activities and provisions, both in the technical processes, in the organization of work and in working conditions, and in their line hierarchical, assuming the preventive policy at all levels of the same.

The scope of application will be for all air traffic controllers of the companies affected by this Convention, regardless of their mode of contract and within the national territory.

Article 54. Regulations.

In so many matters as to affect the safety and health of workers, it will be subject to the precepts established by the Law 31/1995 of PRL, of 8 November, and by how many provisions complement and develop the same or those whose enactment replaces them.

As soon as the Spanish State transpose the various Community directives and, taking into account their mandatory transposition, those which have been transposed into the Spanish legal order, they will be taken into account in the risk assessment procedure.

In the risk assessments and studies to be carried out, it shall be as referred to in Article 5 of the Prevention Services Regulation or rules for which it is intended to replace it.

Article 55. Prevention plans.

Prevention plans will be based on the following objectives:

● Establishment of a preventive, effective and integrated policy in all actions that are developed in companies.

● Encourage and promote interest in the prevention of occupational risks through training plans at all levels of the companies, both managers and workers.

● Avoid the risks, minimize and proceed to the assessment of those who still persist.

● The participation of workers ' representatives will take effect in the form and terms outlined in the LPRL or rules whose enactment is replaced by the LPRL.

● Prevention plans shall be carried out in accordance with the provisions of Article 9 of the Prevention Services Regulation or the rule of law of which it is intended to replace it.

Article 56. Prevention delegates and delegates.

The delegates and delegates of prevention are the representatives of the workers and the workers with specific functions in the field of risk prevention at work. They shall be appointed by and between the representatives of the legal representation of air traffic controllers within the undertaking in accordance with the scale laid down in Article 35 of the LPRL, and shall enjoy the guarantees laid down in Article 37 of the the same law, as provided for in that rule.

Article 57. Prevention services.

Own prevention services or those that engage in business, will be governed by the provisions of the current legislation, and will have the means and resources appropriate to the characteristics of the respective companies. companies.

Prevention services must be in a position to provide businesses and workers and/or their representatives with the advice and support they need in the light of the types of risk in existing and in the concerning:

● The design, implementation and coordination of preventive action plans and programs.

● The assessment of risk factors that may affect the safety and health of workers and workers in the terms provided for in Article 16 of the Law.

● The determination of priorities in the adoption of appropriate preventive measures and the monitoring of their effectiveness.

● Information and training of workers.

● The provision of first aid and emergency plans.

● The monitoring of the health of workers in relation to the risks arising from work.

In the field of health surveillance, health activities shall, under the conditions laid down in Article 22 of the Law 31/1995, cover the prevention of occupational hazards and other specific rules of application, surveillance, of the health applicable to air traffic controllers.

The companies or services with which they are contracted shall establish their own, foreign or joint media that ensure compliance with the above functions.

Article 58. Risk assessment.

Risk assessments, including psychosocial risks, will be carried out by the respective prevention services, in accordance with procedures that have been previously consulted with the representation of the workers.

Companies shall carry out a review of the risk assessment initially carried out, provided that the circumstances referred to in Article 6 of the Prevention Services Regulation are given. replace this one.

Companies will be required to establish action protocols in the event of workplace harassment and workplace violence.

Article 59. Safety and health committees.

Safety and health committees will be formed by company, in those workplaces that have fifty or more air traffic controllers.

In those workplaces which do not have the aforementioned number of air traffic controllers, the powers conferred on them shall be exercised by the delegates or delegates of prevention.

The health and safety committees shall be composed of one party, one party, a delegate or a delegate of prevention, and the other, by the employer or businessperson or their representatives.

The presidents and secretaries or secretaries of the health and safety committees shall be appointed directly by the respective companies. The presidents or presidents shall be persons with a sufficient and adequate qualification, who are identified with a particular sensitivity in the field of prevention.

Possibility of including the figure of the alternate president, chosen among the DDPP, to highlight the parittarius character. Its powers are set in the development of the regulations of each committee.

The health and safety committee shall meet bimonthly and where circumstances so require, at the request of either party, the committee shall adopt its own rules of operation.

The committee will adopt its own operating rules.

The powers of the safety and health committees shall be those conferred upon them by the law and the following:

● Participate in the elaboration, implementation and evaluation of the risk prevention plans and programs that have or may have a general character in the field of each company.

● Promote initiatives on general-type methods and procedures for the effective prevention of risks by proposing to improve conditions or to correct existing deficiencies.

● Analyze, where appropriate, the information and/or proposals at the request of the works councils.

Article 60. Information, consultation and participation.

Companies will report in writing through the workers ' representatives on the specific risks affecting the jobs, and on the protection and prevention measures applicable to such jobs. risks and, in general, the provisions of Chapter V of the Law on the Prevention of Labour Risks or standards whose enactment would replace the existing legislation.

Article 61. Training.

Companies undertake to train all air traffic controllers in the preventive field, and since training needs in prevention differ from one company to another, they will be determined, initially, as a result of the risk assessment that all companies have an obligation to perform.

Workers ' representatives will receive the specific training, legally established in the field of occupational risk prevention

Article 62. Procedures for the investigation of accidents at work.

It will be agreed between the representation of the workers and the company, a document on the procedure of investigation of serious accidents of work.

The legal representation of workers, on the basis of this document, will receive quarterly information on the accidents that occur in order to be able to carry out better control and follow up on them.

Article 63. Protection of maternity.

The companies will take the necessary measures to promote the improvement of safety and health in the work of pregnant workers, who have given birth or breastfeeding according to the forecasts of the Article 26 of Law 31/1995 of 8 November on the Prevention of Occupational Risks.

Companies will have to draw up in relation to the protection of maternity a protocol of action for effective protection in the company of the situation of maternity and breastfeeding.

CHAPTER VIII

Training, licensing, enabling, and logging

Article 64. Training guarantee.

Companies attached to this Convention shall ensure the training of their staff, by themselves or through the recruitment of training providers officially certified by the competent authorities, in accordance with the applicable laws and regulations in force at any time.

Article 65. Definitions.

Given the peculiarities presented by the air traffic control sector, and for a better understanding of the provisions of this Convention, the following definitions and concepts are listed below:

Air traffic control service: service provided for the purpose of preventing collisions between aircraft and, in the area of manoeuvres, between aircraft and obstacles, and to accelerate and maintain the orderly movement of traffic by ensuring maximum levels of safety and optimising the capacity of airspace and aerodrome.

General air traffic: all movements of civil aircraft when such movements are carried out in accordance with the procedures of the International Civil Aviation Organization (ICAO).

License: a document issued by the national competent supervisory authority that empowers its holder to provide air traffic control services, in accordance with the ratings and endorsements performed in accordance with the (a) existing legislation.

Enabling: the authorization that is incorporated or associated with a license, of which you are a party, in which the specific conditions, privileges, or restrictions related to that license are established. The licence ratings shall be at least one of the following:

● Visual aerodrome control;

● Airfield control by instruments.

Enablement annotation: An authorization that is incorporated into a license, of which it is a part, which indicates the specific conditions, privileges, or restrictions related to the enablement to which it corresponds.

Unit Annotation: An authorization that is incorporated into a license, of which it is a part, in which the ICAO place indicator is flagged, and the sectors and positions in which the license holder has competence to work.

Language Annotation: An authorization that is incorporated into a license, of which it is a part, that credits the holder's level of linguistic competence.

Instructor/A annotation: A license incorporated into a license, of which it is a part, that credits the aptitude of its holder to impart the practical training of work.

Training: all theoretical courses, practical exercises, including simulation courses, where appropriate, and practical training, required to obtain and maintain the skills required to provide control services air traffic in safety and high quality conditions. Training consists of:

Unit training, which encompasses the transition training prior to the practical training of work and the practical training of work, which is necessary for the issue of the air traffic controller licence.

Continuous training is the one required to maintain the effectiveness of the log in the license.

Instructor training, is the one necessary to obtain the instructor/a practical training job.

Training of examiners and evaluators.

Unit Training Plan: This approved plan indicates the method by which the unit maintains the fitness of the license holders that integrate it.

Unit Training Plan: This is the approved plan detailing the procedures and schedule required to provide the required training for the procedures of a unit to be applied to an area under the supervision of a duly authorised training instructor.

Unit Training Plan, is the approved plan that indicates the method by which the unit maintains the fitness of the license holders that integrate it;

Unit Training Plan, is the approved plan detailing the procedures and schedule necessary to allow the procedures of the unit to be applied to a particular area under the supervision of a instructor/training in the job.

Initial training teacher, is the person in charge of the teaching during the initial training, either basic or enabling.

Professor of training of transition unit prior to the practical training of work, is the person responsible for the formation of unit in his phase of transition prior to the practical training of work.

Instructor, is the person in charge of unit training, in the practical training phase of work.

Teacher training teacher, is the person in charge of the training of air traffic controllers for the instructor annotation.

Examiners/or evaluator/s of the initial training, is the person in charge of the assessment of the training of the students during the initial training, either basic or enabling.

Examiner/a or unit training assessor/s, is the person in charge of the evaluation of the unit training.

Article 66. Driver and pupil/air traffic controller/driver licenses.

The air traffic service provider companies will ensure that all their control personnel hold and maintain the air traffic controller license, as well as the ratings and endorsements in force. corresponding.

To do this, they will design and implement appropriate training and training plans, in accordance with the legal requirements in place at any time.

In case of suspension or revocation of the license or of the ratings and annotations, having the company put all the formative measures within its scope, it can be considered as a cause of ineptitude over the effects of (a) a contractual decision pursuant to Article 52 of the Staff Regulations, except that the air traffic controller, must, by reason of age, move on to the status of an active reserve in accordance with the provisions of the Additional provision 4. of Law 9/2010 of 14 April.

Article 67. Air traffic controller/controller ratings.

Air traffic controller/s licenses will contain at least one of the following ratings:

a) Enabling visual aerodrome control (ADV). It provides evidence that the holder of the licence is eligible to provide an aerodrome traffic control service at an aerodrome which does not have published approach or exit procedures for instruments.

b) Enablement of aerodrome control by instruments (ADI). Provides that the holder of the licence is eligible to provide an aerodrome traffic control service at an aerodrome which has published approximation or exit procedures by instruments and shall be accompanied by at least one of the annotations described in the following Article of this Convention.

Article 68. Enablement annotations.

The instrument aerodrome control (ADI) enablement will include at least one of the following annotations:

a) Control tower (TWR) log, which is credited to the holder as being able to provide control services in cases where the aerodrome control is carried out from a single position of that aerodrome.

b) Land movement control (GMC) annotation, which is credited with making the license holder eligible to exercise such control.

c) Land movement surveillance (GMS) logging, which is granted as a complement to the control tower or ground movement control log, and credits the holder as being able to exercise control of such movements. movements with the assistance of movement guide systems on the surface.

(d) Air Control Annotation (AIR), for which it is credited that the holder is fit to exercise such control.

e) aerodrome radar control (RAD), which is granted as a complement to the air control or control tower log, and credits that the licence holder is fit to exercise the aerodrome control with the assistance of surveillance radar equipment.

Article 69. Drive annotation.

1. The unit log shall indicate that the licence holder is competent to provide general air traffic control services for a sector, group of specific sectors or jobs under the responsibility of a unit of services of the air traffic, after the completion of the relevant unit training plan approved by the competent national supervisory authority.

2. Undertakings, in accordance with existing legislation, may, for reasons of security, provide that the privileges of a single entry shall be exercised only by the holders of a licence up to a certain age limit.

Article 70. Language annotation.

The air traffic controller license shall contain the corresponding language annotation of the language proficiency level of its holder in the English and Spanish languages, taking as a reference the ICAO operational.

If this is not the case, the service provider may terminate the employment contract with the air traffic controller in accordance with Article 52 of the Workers ' Statute.

Article 71. Instructor annotation/a.

1. The air traffic controller/a licence may contain an instructor/a annotation, indicative of the holder's ability to carry out practical work training tasks in any of the areas covered by a rating in force.

2. The instructor/a annotation shall be valid for a renewable period of three years.

Article 72. Language proficiency.

1. Air traffic controllers must demonstrate their ability to speak and understand English and Spanish languages in a satisfactory manner, both in the use of terminology and standardised phraseology, and in language management.

2. The air traffic controllers/controllers or controllers who serve in the air traffic service providers attached to this Convention shall be capable of:

a) Communicate effectively orally (telephone and radio telephone) and in face-to-face situations;

b) Communicate with accuracy and clarity on common, concrete and work-related topics;

c) Use appropriate communication strategies to exchange messages and to recognize and clarify misunderstandings (for example, to check, confirm or clarify some information), in a general or working context;

d) Successfully and easily manage the linguistic challenges that may create a complication or unpredictable evolution of events, in the context of a routine work situation or a task communicative with which they are familiar; and

e) To express yourself in a dialect or with an accent that is understandable to the aeronautical community.

Article 73. Assessment of language competence.

1. The level of linguistic competence shall be assessed, in a transparent and objective manner, by an organisation duly authorised by the national supervisory authority competent to carry out such assessment. The entity shall issue a certificate to the data subject by stating the result of the assessment and the date on which it was carried out, which shall serve as the basis for the corresponding language annotation in the licence.

2. Undertakings may, in accordance with the rules in force and after approval by the State Aviation Safety Agency, impose competition requirements in the local language where they consider it necessary for safety reasons.

These requirements shall not be discriminatory, shall be proportionate and transparent and shall be notified to the Agency without delay.

Article 74. The effectiveness of the language annotation.

1. The periods of effectiveness of the language annotation will depend on the level of linguistic competence, as follows:

a) Operational level (4): Three (3) years.

b) Advanced level (5): Six (6) years.

c) Expert level (6): Indefined.

2. The language annotation must be renewed at the end of its period of effectiveness, and a new assessment of the level of linguistic competence must be submitted.

3. Language proficiency shall be demonstrated by a certificate issued following a transparent and objective assessment procedure approved by the competent authority.

Article 75. Unit training.

1. In order to obtain the air traffic controller license, it is necessary to exceed the corresponding unit training plan by managing actual air traffic.

This training plan, as well as any other unit training plans, will be approved by the national competent supervisory authority.

2. The unit training plans shall specify the procedures and timetable necessary to provide the training required for the procedures of a unit to be applied to an area under the supervision of an instructor. duly authorized training.

3. The approved plan shall contain all elements of the fitness assessment system, including the forms of work, the assessment and the examination of progress and the notification procedures to the national competent supervisory authority. It will also include transitional training and pre-occupation training, if necessary.

4. The unit training plan shall include, where appropriate, the elements necessary to ensure the adequacy of the training, to the specific national conditions of the unit of service.

5. The duration of the unit training shall be determined in the relevant plan. The assessment of the skills required shall be carried out by appropriate examinations of the case or through a continuous assessment system, and shall be entrusted to examiners or assessors authorised by the competent national supervisory authority, They shall adopt their decisions in a neutral and objective manner.

Article 76. Continuous training of air traffic controllers.

1. Companies in order to ensure that the holders of an air traffic controller licence maintain the relevant unit ratings and endorsements in force, shall subject them to a continuous training process.

2. Continuous training shall consist of theoretical and practical courses, including simulation exercises, if they come. To this end, the company shall establish unit training plans specifying the modalities, staffing needs and duration required to provide ongoing and appropriate training, and to demonstrate the suitability of the interested. Those plans shall be reviewed and approved by the national supervisory authority at least every three years.

The duration of continuing training shall be established in accordance with the functional needs of the provision of air traffic control services, and in the light of the overall safety management requirements which establish the private entity provider of air navigation services.

The fitness of any air traffic controller shall be duly assessed at least every three years. Failure to pass the assessment will result in the loss of effectiveness of the corresponding unit log and will cause termination of the contract of employment due to overcome.

3. The private entity providing air navigation services shall ensure that mechanisms are in place to ensure non-discriminatory treatment of licence holders whose entries cannot be extended.

4. Companies shall establish a periodic audit programme for air navigation service providers to verify compliance with the requirements set out in the preceding paragraphs.

Article 77. Air traffic controller instructor/instructor.

1. The requirements for holders of an air traffic controller licence for the purpose of obtaining an instructor/a practical training log shall be as follows:

(a) Have provided general air traffic control services for a period immediately preceding not less than one year. However, the national competent supervisory authority may establish a higher period depending on the complexity of the service, taking into account the ratings and endorsements for which the instruction is given.

b) Having completed and successfully completed an instructor/a practical training course of work approved by the national competent supervisory authority, during which appropriate examinations have been carried out to assess the required pedagogical knowledge and skills.

2. The instructor/validly awarded annotation shall be effective for a renewable period of three years.

Article 78. Instruction day for the controller position.

The working day of the staff, with a driver's license, in the process of unit training, for obtaining the units/log of the unit corresponding to the job of the controller will be adjusted to the next:

1. The annual working day shall be as set out in the relevant chapter of this Collective Agreement, with the following considerations:

The transition training prior to practical training, including in unit training, will be carried out on a shift basis, in line with the needs of the training. This period is considered to be of aeronautical activity, and as such, for the purposes of the programmable annual day.

Practical training, including in unit training, will be carried out on a day-to-shift basis and accounts for as a day of aeronautical activity.

2. The shift will be determined by the person responsible for the unit to which it is attached, depending on the stage at which it is located and the planned instruction.

3. You will enjoy the free days corresponding to you in accordance with the provisions of Royal Decree 1001/2010 of 5 August.

4. Your rest during the service will be equal to that assigned to your instructor, and will be subject to the conditions and circumstances of the instruction.

5. The duration of the services shall be a minimum of 6 hours and a maximum equal to the longest service duration of the dependency for the controllers holding the controller/a positions.

6. The forecast and scheduling of shifts will be published at the time of their incorporation into the training by this type of day and, thereafter with a minimum of fifteen days in advance, until the completion of the training. The possible justified changes in the programming shall be communicated to the concerned as far as possible.

7. Once the appropriate local/unit log ratings have been acquired, the controller/a new application service shift shall be scheduled at the time the controller starts the exercise of those ratings.

8. During the instruction process, the vacation will be taken if the training needs allow it, according to the Instruction department.

9. For the purposes of computation, the working day carried out during the training process will have the same consideration as the working day performed by the rest of the controllers/ras subject to turnicity.

10. The above points will apply to all control personnel only during unit training with actual traffic.

Article 79. Revalidation of the ratings and annotations.

1. When the unit log expires, a unit training plan must be exceeded to revalidate the annotation to be designed by the training company or provider, in accordance with the regulations in force at any time.

2. The holder of a rating or rating endorsement, which has not provided air traffic control services associated with such rating or rating endorsement for a period of four consecutive years, may only start a unit training in that rating or rating rating, following an appropriate assessment of its knowledge and capabilities, in which it is determined that it is still eligible to satisfy the conditions of that rating or rating enablement.

In the event that the outcome of the assessment determines that the holder does not fully or partially satisfy the conditions of that rating or rating endorsement, the company shall develop a training plan that shall be approved by the national supervisory authority in order to overcome the skills gaps. Once this training plan has been exceeded, the holder may initiate the training of the unit in that enablement or rating annotation.

3. After the unit training plan is exceeded to revalidate the unit annotation, the unit shall remain in force for the duration of 12 months provided that the candidate is in possession of a class 3 medical certificate in force, which is extended in accordance with the provided in the previous article.

Article 80. Revocation or suspension of the medical certificate.

1. The air traffic service provider shall not allow an air traffic controller/driver to exercise its privileges where there are prima facie evidence of a reduction in the psycho-physical capacity or when it is under the control of the air traffic controller. effects of any psychoactive substance, alcohol or any medicinal product which may prevent you from exercising the privileges referred to in the licence, in a correct and safe manner. This is without prejudice to any disciplinary action that may result from this situation.

2. In addition, the air traffic service provider shall establish appropriate procedures, which shall be approved by the ASA, in order to deal with cases of reduction in psycho-physical capacity, and to allow the holder of a controller licence or pupil/air traffic controller (s) notice that he has become aware of a decrease in such capacity, or that he is under the influence of some psychoactive substance or any medicinal product which may prevent him from exercising the privileges which he or she gives the license correctly and securely.

3. Where these circumstances are met, the national competent supervisory authority, on its own initiative, at the request of the air traffic service provider, the training provider or the controller/a controller/a controller may require the person concerned to renew his or her medical certificate, or to initiate a procedure for the revocation or suspension of the effectiveness of the medical certificate from which the controller/a/a controller is a holder.

Article 81. Suspension and revocation of licenses, ratings, and annotations.

As a result of the results of the training, medical examinations or application of the disciplinary system, a licence, rating or endorsement may be suspended where there are doubts as to the fitness of the controller air traffic, as well as in cases of misconduct.

The license may be withdrawn in case of gross negligence or abuse.

In such cases, the air traffic service provider, student/controller, or controller/a controller shall report in a feisty manner to the request for the suspension or revocation of licenses, ratings or endorsements to the authority competent.

Article 82. Violations related to training, license enablement, and annotation.

Without prejudice to the provisions of the Chapter relating to the disciplinary regime of this Collective Agreement, they shall be regarded as very serious infringements:

1. Simulate illness or decreased psycho-physical capacity or make it difficult or refuse to perform the medical checks requested by the company.

2. Make it difficult, delayed or refused to carry out training or instruction which is established by the air traffic service provider in the exercise of its organisational and managerial power.

3. Hinder, delay or refuse to receive the training or instruction that has been established by the air traffic service provider in the exercise of its organizational and steering power.

4. Make it difficult, delayed or refused to carry out the tests or examinations of physical, mental or linguistic competence established by the air traffic service provider in the form and time limits it considers relevant to ensure the efficiency, continuity and service security.

5. Hinder or impede the quality testing or audits performed by both the air traffic service provider and the National Supervisory Authority.

6. The lack of unjustified assistance to the job, the abandonment of the job without authorization from the air traffic service provider, as well as the unjustified non-attention to the imaginary service that is scheduled when called by that supplier.

7. To make it difficult, to obstruct or to refuse to give due collaboration and to provide training and instruction as well as the information necessary for the change of air traffic service provider to be made with security guarantees, efficiency and continuity.

In addition to the penalties and the compensation measures corresponding to the provisions of Articles 55 and 57 of Law 21/2003 of 7 July 2003 on Air Safety, the infringements provided for in the previous paragraph shall bear in any event the penalty for the final loss of the air traffic control licence to which the person responsible for the offence is responsible.

CHAPTER IX

Suspension and extinction of the employment relationship

Article 83. Excess.

Excesses may be voluntary or enforced. Only the compulsory surplus and where it is established legally, shall contain the job and shall take into account its duration for the purposes of seniority.

All the surplus will have to be requested in writing and unless otherwise legally available, the voluntary ones can only be used by air traffic controllers who credit a minimum age at the one-year enterprise.

A) Forced excess:

The forced excess, on the basis of the firm communication, shall be granted in the following cases:

(a) By appointment or election in public office that makes it impossible for you to attend work.

b) By disease, after the time of the temporary incapacity and for as long as the worker remains to be classified by the EVI.

c) By the exercise of union functions at local, provincial or higher level.

d) By birth or adoption of a child, in accordance with current legislation.

e) For a period 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 reception, both permanent and pre-adopted, to be counted from the date of birth or, in the case of a judicial decision.

f) A period of up to two years to take care of a family member, up to the second degree of consanguinity or affinity, which for reasons of age, accident or illness cannot be used by itself, and does not carry out activity retributed.

The period of leave of absence, in the last two cases, shall be computable for the purposes of seniority and the air traffic controller shall have the right to attend vocational training courses during the period.

Excess care for family members constitutes an individual right of air traffic controllers. However, if two or more air traffic controllers of the same undertaking generate this right for the same deceased person, the employer may limit his or her simultaneous exercise for justified reasons of operating the undertaking.

When a new deceased subject will be entitled to a new period of leave, either voluntary or compulsory, the start of the same will end to the one who, if any, would be enjoying himself.

The worker with forced leave must be rejoined to the company within a maximum of 30 calendar days following the cessation of the function or disappearance of the cause or reason originating from such period of contractual suspension. Failure to do so within that period shall mean the reservation of the job and the worker shall have the condition that the surplus of a voluntary character, unless he has established the right to the birth of a new period of leave of absence. forcible.

B) Voluntary disclosure:

Voluntary leave must be requested in writing and at least seven months in advance and, unless otherwise legally provided, only the air traffic controllers may be used. credit a minimum age at the one-year company.

Voluntary leave may be granted by companies for a minimum period of four months and a maximum of five years. It shall always start on the first day of the month concerned and shall be deemed to be completed on the last day of the last calendar month of the requested period.

The controller with voluntary leave retains the right to re-enter the establishment in the vacancies of equal or similar functionality to the one held by the controller at the time of the request for leave. where it manifests in writing, to the undertaking, in an indubid form, its intention to return with a minimum of 30 calendar days prior to the effective termination of the surplus, except for the most beneficial individual pact agreed between the company and air traffic controller/controller.

In everything that is not established in this article you will be in accordance with the legislation in force in this matter and at any time.

Article 84. Suspension of the employment relationship.

The employment contract will be suspended for the reasons and reasons set out in Article 45 of the Staff Regulations, producing the suspension of the contract for the purposes of the contract. lay down in the laws in force and in respect of each of the causes of suspension listed in the aforementioned article of the Staff Regulations and, where appropriate, the provisions expressly provided for in this Convention collective.

The suspension is generally exonerated from the reciprocal obligations to work and pay for the work.

(a) Suspension of the contract of employment for economic, technical, organizational and force majeure reasons: The forms, procedures and effects of the suspensions of work contracts, which have their origin in causes of force greater, or in economic, technical, organizational and production causes, shall be regulated and governed in accordance with the provisions of the labour law in force at any time, the provisions of Article 47 of the Staff Regulations being applied Workers and other concordant, remitted or regulatory rules which develops the provisions of that Article.

(b) Suspension of the maternity work contract: In the cases of childbirth, adoption and reception, the mother, air traffic controller, shall be entitled to the suspension of the employment contract referred to in Article 48 of the Workers ' Statute. In such cases, the mother may choose to have the other parent enjoy a certain and uninterrupted part of the rest period, subject to the legally regulated terms.

c) Parenting suspension: In the case of child birth, adoption or reception, the air traffic controller shall be entitled to the suspension of the contract, in accordance with the terms laid down in Article 48a of the Workers ' Statute. This suspension is independent of the shared enjoyment of the maternity rest periods regulated in the previous paragraph.

The air traffic controller (s) exercising this right may do so during the period from the end of the child's birth permit, legally or conventionally provided, or from the judicial resolution by the which is the adoption or from the administrative or judicial decision of the host Member State, until the end of the suspension of the contract governed by Article 48.4 of the Workers ' Statute or immediately after the end of the such suspension.

(d) Suspension by risk of pregnancy and during the breast-feeding period: When the risk situation for pregnancy is declared during the gestation period, the contract of employment shall be suspended, as established and stipulated in the current legal regulations.

In accordance with the legal provisions in force, the employment contract will be suspended when the existence of risk is declared during the breastfeeding period.

In accordance with the provisions of Article 45.5 of the Workers ' Statute, the suspension of the contract in the cases mentioned above will end on the day the suspension of the maternity contract is initiated. biological, or the infant is 9 months old, respectively, or in both cases when the inability of the air traffic controller to return to its previous position or another compatible with its state is removed.

In everything that is not established in this article, you will be subject to the provisions of the legislation in force at any time.

Article 85. Reserve the job position in the case of suspension of the employment relationship.

All air traffic controllers whose employment contracts are suspended for the following reasons shall be entitled to the job reserve:

1. Maternity: 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 child from the second. The period of suspension shall be distributed to the person concerned, provided that six weeks are immediately after delivery. Without prejudice to the six weeks immediately following the compulsory rest period for the mother, the mother may opt for the father's enjoyment of a certain and uninterrupted part of the post-birth rest period. simultaneous or successive with the mother, unless at the time of their effectiveness the incorporation into the work of the mother poses a risk to her health. In the event of the death of the mother, the father may make use of the whole or, where appropriate, the remaining part of the suspension period.

2. Adoption or reception of children under six years of age, or older persons of this age in the case of disabled or disabled children, or who, due to their circumstances and personal experience or who are due to come from abroad, have special difficulties social and family integration duly accredited by the competent social services: the suspension will last for sixteen weeks uninterrupted, extended in the event of adoption or multiple acceptance in two weeks more for each child from the second, counted at the choice of the worker, or from the decision (a) the administrative or judicial system of reception, either on the basis of the decision on which the adoption is made. In cases of international adoption, the period of suspension may be initiated up to four weeks before the decision on which the adoption is made. In the event that the mother and father work, the period of suspension will be distributed to the interested parties, who will be able to enjoy it simultaneously or successively, always with uninterrupted periods and with the limits indicated. The suspension of the contract in the event of disability of the child or of the adopted or the minor will have an additional duration of two weeks, this additional period will also be distributed to the interested parties, who will be able to enjoy it in a way simultaneous or successive, always with uninterrupted periods.

In everything that is not established in this article, you will be subject to the provisions of the legislation in force at any time.

Article 86. Extinction of the employment relationship.

The employment relationship may be extinguished for the following reasons and causes:

(a) Collective labour extinctions: The forms, procedures and effects of collective extinctions of employment contracts which have their origin in causes of force majeure, or economic, technical (a) organizational and production arrangements shall be regulated and applied in accordance with the provisions of the labour law in force at any time, the provisions of Article 51 of the Staff Regulations and other relevant rules being applied; develops the provisions of that Article.

b) Extinction of the employment relationship by the will of the air traffic controller: The employment relationship may be extinguished by will and at the request of the air traffic controller. However, given the essential nature of the community and the importance and impact of the provision of services by civil air traffic control providers, as well as the important training burden for the community, the preparation to be accredited and to exceed the air traffic controllers in order to be enabled and to be able to provide their services at a given aerodrome, and taking into account the special difficulties of adequacy and personal fitness which present the selection processes of this nature; the traffic control controller In order to terminate the employment relationship with the company by submitting its voluntary leave, the air carrier must be required to provide the company with a minimum of seven months ' notice.

In the event that the resignation or voluntary discharge was filed without the above notice, the air traffic controller must pay the company as many days of salary as notice days have been omitted.

The air traffic controller may also terminate his contract of employment by resolving the contractual relationship of conformity and in accordance with the reasons set out in Article 50 of the Staff Regulations.

c) Extinction of the contract of employment on an individual basis and at the request of the company: The company may terminate the employment relationship which binds the air traffic controller to the controller, on the grounds of disciplinary reasons the procedure and guarantees provided for in Chapter IX of this Convention.

The contract of employment may also be terminated for the reasons legally provided for in accordance with Article 52 of the Staff Regulations.

(d) Resolution of the contract for failure to exceed the test period: In accordance with the provisions of Article 19 of this Collective Agreement, both the air traffic controller and the company may resolve the employment contract for the failure to exceed the probationary period, without such a decision giving rise to compensation of any kind.

(e) Extinction of the contract of employment by the termination of the time conferred for it, or the performance of the work or service subject to the contract: In case of termination of the contract of work due to the expiration of the period, the company shall be required, in temporary-form contracts, for which the duration of the contract exceeds 12 consecutive months, to prewarn the worker of that decision, at least with 15 calendar days in advance, of not doing so or doing so in part, with the liquidation the worker will be paid the amount of one day's salary for each day of the missed deadline, with the maximum of fifteen days of salary.

(f) Other causes of extinction of the employment relationship: The employment contract shall be equally extinguished, in accordance with Article 49 of the Staff Regulations, in the following cases:

● Mutual agreement between employer and worker.

● For those causes validly entered in the employment contract, provided that they do not constitute an abuse of the employer's manifest right.

● For the expiration of the agreed time or the performance of the work or service for the purpose of the contract.

● By death, grand invalidity, permanent total or absolute invalidity of the air traffic controller.

● By retirement of the worker.

● By decision of the air traffic controller who is forced to permanently leave her job as a result of being a victim of gender-based violence.

CHAPTER X

Modifying working conditions

Article 87. Changing the working conditions.

In accordance with the provisions of Article 2 of Law 9/2010 of 14 April, it is the sole responsibility of the company as a civil service provider of air traffic services to organize, plan, address, manage, monitor and monitor and control of the provision of air traffic services at aerodromes.

To this end, the company is empowered to adopt the measures that are necessary in each case and, inter alia, the following:

a) Determine the operational configuration according to traffic demand and concurrent technical and meteorological conditions.

b) Determine the facilities, technical services and personnel necessary for the proper provision of air traffic services, respecting the safety rules and criteria established for the purpose by the authority competent.

c) Determine your management organization by identifying and assessing the appropriate management positions in charge of security, quality, protection, and financial and human resources.

d) Make the selection and training of unit and continuous air traffic controllers.

e) Organize shifts, schedules, and staff breaks.

f) To monitor and control the work done by your staff and to impose appropriate penalties in the event of non-compliance, in accordance with applicable regulations.

The powers listed above are unavailable to the company, so that, as mentioned in Article 2.3 of Law 9/2010 of 14 April, no job or body may have been assigned or performed. no function which limits or undermines the exercise of those powers, without prejudice to the privileges inherent in the licences for air traffic controllers in accordance with the provisions of Royal Decree 1516/2009 of 2 October 2009, The Community Air Traffic Controller license is regulated.

By virtue of the above, the undertaking, in the interests of the provision of the service to be guaranteed and of air safety, may make such changes to the conditions of employment which are mandatory, in accordance with the legal enforcement regulations.

By virtue of this, companies will be able to:

A) Modify the periods of aeronautical activity in the cases and in accordance with the provisions of Royal Decree 1001/2010 of 5 August 2010.

B) to amend individual or collective working conditions in accordance with the provisions laid down in Article 41 of the Staff Regulations where there are proven economic, technical, organisational and production, always respecting the regulated rest of the civil air traffic controllers, guaranteed in Article 3 of Law 9/2010 of 14 April.

CHAPTER XI

Disciplinary regime

Article 88. Disciplinary authority.

The disciplinary faculty will be exercised in the form that the present rules establish, corresponding exclusively to the company.

The exercise of this power comprises the knowledge and, where appropriate, penalty of the work and contractual failure of the air traffic controller in accordance with the assessment of the faults and penalties provided for in the present chapter.

Article 89. Sanctioning procedure.

Of any sanction, except for the verbal admonition, a written transfer shall be made to the air controller who shall acknowledge receipt or sign the receipt of the communication, without this being in accordance with the facts.

In serious or very serious misconduct, the air traffic controller/controller shall be heard for the purpose of making such claims as appropriate in his discharge. Such claims shall be taken into account in the decision to terminate the disciplinary file.

The legal representatives of the controllers will be informed of any penalty imposed for serious and very serious misconduct.

Article 90. Classes of faults and prescription periods.

Disciplinary misconduct, committed on occasion or as a result of work, may be mild, serious or very serious, in consideration of its importance, transcendence and intentionality.

Minor faults will be prescribed at 10 days, the serious ones at twenty days and the very serious ones at the age of 60 days, from the date on which the company has become aware of the same and, in any case, six months after the committed.

Minor faults.

1. The following are minor faults:

1.1 Light incorrectness with colleagues or subordinates.

1.2 The delay, negligence or neglect of the performance of the tasks, if there is no injury to the service or, if any, is of a minor nature.

1.3 The lack of communication, in good time, of inattendance at work for justified reasons, unless it is proved impossible to do so.

1.4 The repeated faults of punctuality without a justified cause of two to three times in a month. For these purposes, the delay exceeding 15 minutes shall be deemed to be impuntuality.

1.5 The neglect of the preservation of the premises, material and documents of the service.

1.6 Unless it is possible to adopt an alternative measure, the abandonment of the working position, before two hours have elapsed from the time stipulated for the relay, when it involves the cessation of the service and without such relief has been produced, provided that no injury is caused.

2. For this type of fault, any of the following penalties may be imposed:

a) A written statement.

(b) In addition to the proportional discount of the remuneration for the actual time left from working for unassisted or unjustifiable unassistance, suspension of employment and salary up to a maximum of two days.

Serious faults.

1. The following are serious faults:

1.1 Indiscipline at work or lack of respect due to superiors, peers or subordinates.

1.2 Failure to comply with orders or instructions from superiors that do not constitute arbitrariness, interference or abuse of authority, and which are not manifestly contrary to the provisions of this Convention, or are illegal.

1.3 Failure to comply with the specific obligations of the job or the negligence resulting from or may result in serious damage to the service.

1.4 Disconsideration with users in the exercise of work. Failure to comply with the rules and measures laid down in the field of safety and health at work, where consequences may arise for the health or physical integrity of the air traffic controller or third party.

1.5 Non-justified work assistance failures up to two times in the same month.

1.6 Repeated faults of punctuality, without justified cause, four to six times in a month.

1.7 The unjustified absence of the working position. The term 'such' shall mean, where the mission is left without a justified cause and without causing harm or danger to persons or things.

1.8 The simulation of disease or accident.

1.9 Cooperation in the faults of other workers in relation to their duties of punctuality, attendance and permanence at work, and any other fault that may be qualified as serious.

1.10 Negligence causing serious damage to the preservation of the premises, material or documents of the Service.

1.11 The exercise of professional, public or private activities, without having requested compatibility authorization, provided that this requirement is required by the current regulations.

1.12 Failure to comply with deadlines or other procedural provision for incompatibilities, where they do not involve the maintenance of a situation of incompatibility.

1.13 The improper use or dissemination of data or matters that are known to you for the purpose of your work.

1.14 The commission of two minor faults, even if they are of different nature, in a period of six months.

1.15 Unless it is possible to adopt an alternative measure, the abandonment of the working position, before two hours have elapsed from the time stipulated for the relay, when it involves the cessation of the Service and without such relief has occurred, provided that serious injury is caused.

2. For this type of fault, any of the following penalties may be imposed:

Suspension of employment and salary of up to thirty days, without prejudice to the proportional discount of the remuneration for the actual time left to work for unassisted or unjustifiable unassistance.

Fatal faults.

1. The following will be very serious:

1.1 The transgression of good contractual faith, fraud, disloyalty, and breach of trust in the efforts entrusted to it, as well as any constitutive conduct of a criminal offence.

1.2 The manifest insubordination, individual or collective. There shall be no insubordination in cases where the abuse of authority or illegality is concerned.

1.3 Voluntary data distortion and service information.

1.4 The imputation of non-simulation acts by means of simulation or the provision of false evidence.

1.5 Lack of work assistance without justified cause of three or more times in a month.

1.6 Service abandonment. Abandonment of the service shall be understood when leaving the mission entrusted to its fate, which may cause serious harm to persons or things. Absence of service shall not be understood to be absent during the stipulated rest periods.

1.7 The repeated lack of punctuality without cause justified in seven or more times a month or more than fifteen times in a period of three consecutive months. For these purposes, the term 'lack of punctuality' means the delay in entry exceeding 15 minutes.

1.8 The commission of two serious faults, even if they are of different nature, within a period of six consecutive months.

1.9 The violation of correspondence or improper use of documents or data of the customer or personal of the CTA, of required reservation.

1.10 Make it disappear, disable, destroy or cause damage voluntarily in materials, tools, tools, machinery, appliances, installations, buildings, articles, furniture and documents of the company or the client, or air traffic controllers/controllers.

1.11 Accept any remuneration, commission, or consideration of other entities, companies or persons in connection with the performance of the service.

1.12 Slander, insult or assault in a verbal or physical manner, in the workplace or in the exercise of the assigned mission, to colleagues, superiors or subordinates.

1.13 The abuse of authority. The commission shall be deemed to have been abused by an organic boss or by any worker who has authority over the person concerned, of an act or order, involving the deliberate infringement of a legal or conventional precept.

1.14 The recidivism in the failure to comply with the orders or instructions of the superiors that do not constitute arbitrariness, interference or abuse of authority and which are not manifestly contrary to the provisions of this Convention or illegal.

1.15 Any action involving discrimination on grounds of racial or ethnic origin, religion or belief, disability, age or sexual orientation, language, opinion, place of birth or neighbourhood, sex or any other condition or personal or social circumstances, as well as harassment on grounds of racial or ethnic origin, religion or belief, disability, age or sexual orientation and sexual or sexual harassment.

For the purposes of this paragraph, sexual harassment is understood to be those verbal or physical conduct of an unwanted and offensive sexual nature for the victim. This type of conduct includes the exercise by superior and hierarchical superiors, considering an aggravating condition when performed from positions of command or on persons with a temporary contract, regardless of the modality.

1.16 The publication or improper use of the documentation or information that they have or have had access to by reason of charge or function.

1.17 Workplace Harassment.

1.18 The voluntary and continuous decline in the performance of normal and regulated work.

1.19 The commission of acts that violate the right to privacy or dignity of the air traffic controller.

1.20 The provision of air traffic controller services, under the influence of alcohol, drugs or narcotic or psychotropic substances.

1.21 The lack of unjustified assistance to the job, the abandonment of the job without authorization from the air traffic service provider, as well as the unjustified non-attention to the imaginary service that is scheduled when called by that provider.

They shall also be considered to be very serious faults established and defined as such in Chapter VIII, Article 85.

For this type of faults, some of the following penalties may be imposed:

a) Suspension of employment and salary of between thirty-one and ninety days.

b) Despid.

Article 91. Other jurisdictions.

The sanctions that can be imposed on the work order are without prejudice to the passing of the blame to the other orders of the jurisdiction if the misconduct could be punishable by administrative, civil or criminal.

Article 92. Precautionary suspension of employment and salary.

Companies, where necessary for a better understanding of the true scope and nature of the facts, may decide to suspend the suspension of employment of the affected or affected air traffic controller for a period of time. maximum of one month, being available to the company during the time of suspension.

Without prejudice to the foregoing, where the failure of the air traffic controller/controller to comply with the provisions laid down and laid down in the Directive, it would lead to the opening of a disciplinary file with a proposal for dismissal. Article 4.2 of Law 9/2010 of 14 April, which regulates the provision of air traffic services, lays down the obligations of the civil service providers of such services and lays down certain working conditions for the Civil air traffic controllers, the company may arrange for temporary suspension of employment and pay of the issued worker, for the duration of the processing of the disciplinary file with a proposal for dismissal.

CHAPTER XII

Social Action

Article 93. Collective insurance.

All companies in the sector will be obliged to arrange a collective accident insurance for their active air traffic controllers, being effective from the three months of publication in the Bulletin Officer of the State of this Convention.

Air traffic controllers affected by this Convention shall be entitled to receive additional compensation for social security benefits, in the event of death, absolute permanent incapacity or invalidity, arising from an accident at work or occupational disease, the amount of which shall be EUR 30 000. The compensation in the case of total permanent incapacity resulting from an accident at work or occupational disease shall be EUR 25 000.

The obligation set forth in this article will not reach those companies that have covered these risks by policies subscribed to with an insurance company provided that they are more beneficial as a whole.

The above amount shall be complementary to any other compensation arising from accident or occupational disease, as well as those which may be established by civil liability.

In the case of death, the compensation shall be paid to those who or the deceased air traffic controller/controller has declared a beneficiary, and, failing that, to the heirs or legal heirs.

Article 94. Social forecasting mutuality.

The controllers affected by this Convention, will be considered only if they voluntarily express it by subscribing to the corresponding document, associated with Montepio Loreto, Mutual Social Welfare, for the coverage of supplementary retirement, invalidity or death benefits.

The total contribution to this mutual benefit as a result of this agreement shall be at the maximum of 10% of the base salary in force at any time, not taking into account these effects, supplements of any kind or perceptions additional pay other than those of this concept. This contribution shall be fixed freely by the worker within the limit set above and shall be made in the proportion of 50% by the undertaking and 50% by the worker, not by bringing the undertaking in any case exceeding 20%. Monthly euros.

If the air traffic controller is to cause low in the company, the company will automatically cease the monthly contribution it was making to the company.

CHAPTER XIII

Other Provisions

Article 95. Equality plans.

All companies falling within the scope of this collective agreement must negotiate, when in accordance with current legal legislation, that they are obliged to do so, and to implement an equal plan with the content of the legally established, not later than six months after the date of publication of this Convention.

Article 96. Limits to the performance of operational functions, active reserve status, and retirement.

1. Air traffic controllers shall be continuously subjected to psycho-physical checks in accordance with the applicable rules to ensure that their capacity is maintained for the purpose of operating traffic control functions. air.

2. Air traffic controllers who reach the age of 57 years must renew or revalidate the medical certificate referred to in Article 25 of Royal Decree 1516/2009 of 2 October, which regulates the Community's licence to air traffic controller, every 6 months at most.

In the latter case, air traffic controllers who lose their psycho-physical fitness will no longer perform operational air traffic control functions, and the company may not be required to offer another post. which does not involve the exercise of those tasks. This new job will be paid in accordance with the functions effectively performed by the controller. The remuneration for the performance of non-operational functions shall be 80% of the base salary of the level at which the air traffic controller/controller is located.

When the company is unable to offer a position that does not involve operational air traffic control functions as provided for in the preceding paragraph, and the air traffic controller is more than 57 years old, the air traffic controller shall pass to a active reserve status until you reach the forced retirement age.

This active standby situation will involve:

(a) Remuneration: The remuneration for the active reserve situation shall mean for the air traffic controller the receipt of the 70% base salary.

(b) Incompatibilities: In accordance with the provisions of the fourth additional provision of Law 9/2010 of 14 April 2010, the perception of such remuneration is incompatible with any other self-employment or other work, except for the performance of aeronautical training or aeronautical inspection tasks at the level of the European Union. The performance of other self-employment or other work shall result in the termination of the contractual relationship with the air traffic service provider by implicit waiver of the air traffic controller.

c) Obligation to list: The company will have an obligation to keep the controller/air traffic controller in high social security in an active reserve position, maintaining its contribution on the same terms as the company before the controller passes to that situation.

3. "Air traffic controllers may retire in accordance with the rules in force at any time of application."

Additional disposition first.

This collective agreement, in accordance with the provisions of Article 11 thereof, shall enter into force from the day following its publication in the Official Gazette of the State, bringing its economic effects back to date 1 January of 2012.

However, and without prejudice to the foregoing, and given the concurrence of the following circumstances that are explained below:

1. The absence of any regulation on the working, economic and social conditions applicable to the scope of this collective agreement, as a result of the recently initiated liberalisation process mentioned in the preamble of the present conventional text.

2. The start of the air traffic control activity by the undertakings concerned in the present case shall take place prior to the actual publication of this collective agreement in the Official Gazette of the State, and therefore of the entry into

3. The regulation of industrial relations related to the activity of air control is a complex regulation that is very determined by the also complex nature of the activity to be developed.

4. Air traffic control is an essential public service for the community which allows the free movement of national and foreign citizens through the national territory, and which has an undeniable impact on the economy of a country.

The parties to this collective agreement agree that any of the companies affected within the scope of this agreement, for the purposes of being able to have a reference framework that allows to start the orderly, consistent and responsible manner in which the process of liberalising air traffic control in the control towers awarded by administrative concession can be carried out, from the signature of the control towers and during the process of processing the deposit, registration and publication of this, adapting its regulatory model of industrial relations economic and social with its air traffic controllers, as provided for in the text of this Collective Agreement, without prejudice to the effective entry into force of the Convention following its publication in accordance with the provisions of the Article 11 of this conventional text.

Additional provision second.

The parties to this Convention agree to submit to the mediation of the Interconfederal System of Mediation and Arbitration (SIMA), the conflicts that may arise in the field of this Agreement, adhering to this effect to the V agreement on a stand-alone solution of labour disputes (extra-judicial system).

Additional provision third. Salary revision clause for the year 2013.

The amounts collected in the salary tables of this Convention will be reviewed for the second year of its term, applying to these the percentage changes experienced by the National General Index of the Indices of Price to Consumption in the twelve months prior to December 31, 2012, provided that such percentage increase is not greater than the percentage change that for the first year of validity since the beginning of the delivery of services air traffic control, experience the contracts entered into by the civil service providers and the manager airport in terms of price revision, in which case the salary tables will be reviewed according to this last percentage.

This wage revision shall be carried out in the month following the month in which the airport manager notifies the civil air traffic service providers of the percentage of the above-mentioned price review, having the above review retroactive effect from 1 January 2013.

Additional provision fourth. Establishment of a Joint Joint Committee on Safety and Health.

The parties to the present collective agreement undertake to constitute within three months of the publication of a joint joint committee on safety and health at work, with the aim of interpret the application and know how many issues may arise or should be interpreted in the field of prevention of work related to the provisions of Chapter VII of this Convention.

The above mentioned commission will also draft a proposal for action to develop protocols on prevention of harassment at work, whatever the nature of the situation. of the reported harassment.

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