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Resolution Of 10 September 2012, Of The Directorate-General Of Employment, That Is Recorded And Published The Collective Agreement V State Of Cork.

Original Language Title: Resolución de 10 de septiembre de 2012, de la Dirección General de Empleo, por la que se registra y publica el V Convenio colectivo estatal del corcho.

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TEXT

Having regard to the text of the Fifth State Collective Agreement of the Corcho (Convention Code No. 99010185011996), which was signed, dated 28 June 2012, on the one hand, the Association of Employers of the Corcho of Catalonia (AECORK) and the Association of San Victoras de Empresarios del Corcho (ASECOR), representing companies in the sector, and, of course, Metal, Construction and Aends, Federation of Industry of UGT (MCA-UGT) and the State Federation of Construction, Wood and Purposes of CC.OO. (FECOMA-CC.OO.), representing the workers concerned, and in accordance with the provisions of Article 90 (2) and (3) of the Law on the Statute of Workers, recast as approved by the Royal Legislative Decree 1/1995, of 24 June March, and in Royal Decree 713/2010, of 28 May, on the registration and deposit of collective agreements and agreements of work,

This Employment General Address resolves:

First.

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

Second.

Arrange your publication in the "Official State Bulletin".

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

STATE COLLECTIVE AGREEMENT OF THE CORK SECTOR, FOR THE YEARS 2011-2014

PRELIMINARY TITLE

From Sector Collective Bargaining

CHAPTER I

Signatory parties, legitimization and effectiveness

Article 1. Signatory parties.

These are parties to the present State Convention, of a part Metal, Construction and Aends, Federation of Industry of UGT (MCA-UGT), the State Federation of Construction, Wood and Aends of CC.OO. (FECOMA-CC.OO.), as a labor representation, and, on the other hand, the Association of the Corcho Entrepreneurs of Catalonia (AECORK) and the Association San Vicerente de Empresarios del Corcho (ASECOR), in business representation.

Both are mutually legitimised to negotiate the present Convention.

Article 2. Effectiveness and Obligation Obligation.

Given the normative nature and general effectiveness, which is given to it by the provisions of Title 3 of the Staff Regulations and by the representativeness of the undersigned organizations, this Convention shall bind all associations, entities, undertakings and workers within their fields: functional, personal and territorial.

CHAPTER II

Application scopes

Article 3. Functional scope.

The provisions of this General Convention regulate the employment relationships of all enterprises or workplaces whose principal activity, and in compliance with the principle of enterprise unity, consists of manufacturing and manufacturing of the cork.

The work of preparing the cork for industrial use is included in this area, even if its work is carried out on the mountain.

Article 4. Personal scope.

This General Agreement applies to all companies and workers whose activities are included in the previous article.

Therefore, this General Convention is of direct compliance in all collective negotiations, which, for the companies and workers mentioned above, are designed to be effective.

Management personnel are excluded from the scope of this Convention. This staff is free to be appointed by the company. Their employment relationship shall be governed by their employment contract and, where appropriate, by the special rules applicable to them.

Article 5. Territorial scope.

This General Convention is applicable throughout the territory of the Spanish State.

Article 6. Temporary scope.

Given its vocation of permanence and normative stability, this Convention will last for four years, from January 1, 2011 until December 31, 2014. It shall enter into force on the date of its signature and its economic effects shall be rolled back to 1 January 2011, except in those articles specifying a different date of application.

CHAPTER III

Structure of sectoral collective bargaining: attribution and character of the subject matter of collective agreement

Article 7. Trading structure.

The structure of collective bargaining in the Corcho sector is defined in accordance with the following substantive levels of collective agreements, each of which will fulfil a specific role in its field of collective bargaining. application:

(a) The present State-wide Sectoral Collective Agreement, which by its very nature regulates certain conditions of work of application in all its scope of affectation and with the validity that is established in its own convention.

b) The collective agreements of undertakings, where the parties have or when in the future the legitimate subjects will agree to establish a company agreement. In such a case, they shall be designed to develop the subjects of this field of business and/or to adapt or exceed the minimum content which, for certain matters, regulates the State Collective Convention.

Article 8. Regulation of materials.

a) This Sectoral Collective Agreement is reserved for the regulation of the following matters:

Modalities of procurement, with the exception of all those matters that the General Labour Law enables its regulation through collective agreements at a lower level.

General criteria for setting and applying discount clauses.

Representation Bodies: Collective Representation and Trade Union Rights.

Wage structure.

Professional Classification System (without prejudice to the rules of adaptation that are dictated for business agreements).

Functional Mobility (without prejudice to the adaptation rules that are dictated for business agreements).

Irregular distribution regime of the day (without prejudice to the adaptation of the same to the lower scopes).

Overtime (general rules).

Disciplinary law.

Geographic Mobility.

Maximum duration of test periods.

Maximum duration of the annual day.

Occupational health and risk prevention (minimum elements to be developed in lower areas).

Professional training.

Salaries by categories incorporated into the different salary tables of the Convention.

(b) The content of the regulation of the Sectoral Collective Convention on the following matters shall be minimum;

License and permission regime and job contract suspensions.

Rest and duration arrangements for annual leave.

Social security benefits and allowances.

(c) The matters listed below, as provided for in the Sectoral Collective Agreement, shall only be of general application where there is no separate regulation in the collective agreement or agreement of undertakings, for this purpose, its specific regulation in this lower area:

General rules for work and productivity management.

Adaptation in the field of the company and/or work center of all those subjects that for their characteristics compete with their field of negotiation and/or have the consideration of minimums in the state ambit.

The establishment of non-expressly provided remuneration supplements in the General Convention wage structure.

(d) Non-related matters in the Sectoral Collective Agreement may be regulated within the scope of the undertaking by collective agreement or collective agreement concluded with the legal representatives of the workers.

Article 9. Unit and indivisibility of the convention.

1. The conditions which are agreed upon, whatever their nature and content, constitute an indivisible unitary unit, being accepted by the parties who subscribe to them that the obligations which they reciprocate have a consideration equivalent to the rights that they acquire, considering all of this as a whole and on an annual basis, without, therefore, the compacts that are formalized to be interpreted or applied in isolation and independently of the others.

2. In the event that the competent jurisdiction, in use of its powers, annuls or invalidates any of the covenants contained in this Convention, the negotiating parties shall consider whether it is valid on its own or the remainder of the approved text; or a new and full or partial renegotiation of the same is necessary. If such an assumption is made, the signatory parties to this Convention undertake to meet within 30 days of the determination of the relevant resolution in order to resolve the problem raised.

3. If, within 60 days of the determination of the decision, the signatory parties do not reach an agreement on the matter which has failed to control the legality, they undertake to submit to the envisaged arbitration procedure. In the Agreement on Extractive Solutions of Labor Conflicts (ASEC).

Article 10. Concurrency and exclusion from other collective agreements.

1. This collective agreement amends and replaces the collective agreements in a definitive manner, with the exception of company agreements, which were previously applicable to the subjects covered by this collective agreement. No other national, inter-provincial or provincial convention which may affect or refer in general to the activities or works carried out by the undertakings referred to in Article 1 shall apply for the duration of its validity. scope of this Convention.

2. By way of derogation from the above, the sectoral collective agreements at lower level which are in force at the time of the entry into force of this Sectoral Collective Agreement shall continue to apply until the initial term agreed by the parties.

Article 11. More beneficial conditions.

The most beneficial conditions for workers to be recognised in a personal capacity shall be respected at the entry into force of this Convention.

The most beneficial conditions laid down in the agreements of origin or agreements of origin, existing at the entry into force of this Sectoral Convention, will be maintained in their own terms without being able to be negotiations in their field, provided that they are subject to the matters reserved for the General Convention.

CHAPTER IV

Compensation and Absorption, Reporting and Extension

Article 12. Compensation and absorption.

The agreed conditions form an indivisible whole, so the application of one or more of its rules cannot be intended to be forgotten from the rest, but to all intents and purposes it must be applied and observed in its entirety.

The remuneration established shall compensate and absorb all existing at the time of entry into force of this General Agreement of the Corcho, whatever the nature and origin of the same, as well as those that may be (a) to be established in the future by provisions of a general or conventional nature of application, with the exception of indemnities, supplies and benefits of social security under the delegated payment scheme, as well as with regard to non-compensable concepts or absorbable as set out in this Convention.

In no case may the salary supplements for the quantity or quality of work of Article 52 of this Convention be absorbed and compensated, whether these fixed amounts, irregular or variable, are always homogeneous and that really correspond to such concepts.

Only the conditions agreed in this General Convention may be modified when the new ones, considered as a whole and in annual computation, exceed those agreed upon. Otherwise, the General Convention shall remain on its own terms and without any modification of its concepts, modules and remuneration.

The conditions agreed in individual contracts formalised between undertakings and employees in force at the time of entry into force of this General Convention shall be respected and which, on a global basis, exceed the same in annual set and computation.

Article 13. Complaint and extension.

After the arrival of the due date set out in Article 6, in order to avoid the regulatory vacuum that would otherwise occur and once its initial validity or that of any of its extensions has been terminated, the Convention in both its normative and mandatory content until it is replaced by another.

1. Any of the two parties to this Convention may request in writing the other the revision of the Convention with a minimum of three months in advance of the expiry of the initial period of the vigencies referred to in the previous Article or any of its extensions.

2. The party making the complaint shall accompany a specific proposal on the points and content of the requested review. Copies of this communication and the proposal will be sent to the Directorate-General for Work for the purpose of registration.

3. In order to deal effectively with the discrepancies which exist after the maximum negotiation periods laid down in the previous paragraph without reaching an agreement, the parties adhere to and submit to the non-judicial proceedings of conflict resolution established or which can be established by means of inter-branch agreements at the state level.

CHAPTER V

Joint Commission

Article 14. Joint committee.

1. A Joint Committee shall be set up consisting of a maximum of 4 members to be appointed by each of the parties, trade-union and business, in the form decided by the respective organisations and with the tasks specified in the next item.

2. The agreements of the Joint Commission on interpretation or application shall be adopted in any case by unanimity by means of a corresponding resolution and shall have the same legal effectiveness and treatment as this Convention.

3. The Commission shall meet as many times as it deems necessary for the good progress of this Convention and shall, in each case, determine its operating rules.

Article 15. Functions and procedures of the Joint Commission.

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

:

a) Monitoring and monitoring compliance with this Convention.

(b) The knowledge and resolution of issues arising from the application and interpretation of all the provisions of this Convention.

c) At the request of a party, to mediate and/or to attempt to reconcile, where appropriate, and upon agreement of the parties, and at the request of the parties, to arbitrate on how many occasions and conflicts, all of which are of a collective nature, may arise in the application of this Convention.

(d) Pretend, prior 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.

e) The constant evolution of both the framework of working relationships and the situation and prospects of cork activity along with frequent regulatory changes and the essential function of the signatories of the The State Convention grants it as a standard for the use of the principle of the rule of law and the application of the principle of employment relations. It requires the Joint Commission to carry out the necessary functions of adapting the Convention to the economic and social reality of the sector as well as any regulatory changes that might occur.

Therefore, the Joint Commission, when relevant circumstances are present which it considers necessary, shall carry out the adaptations required by the State Convention during its term of office.

(f) If necessary, the Joint Commission may, during the duration of the Convention, amend it. In this case, in addition to the incorporation of all the parties entitled to the negotiation, even if they have not been signatories to the Convention, the requirements for legitimization provided for in Articles 87 and 88 of the Treaty must be met

g) Set, the table of the annual gross minimum remuneration for each year of this Convention.

(h) In the case of, after the corresponding period of consultation provided for in Article 41.4 of the E.T., no agreement was reached on the undertaking in the negotiation of the substantial modification of the working conditions of the Number 6 of that provision, the actions shall be submitted within 5 days of the corresponding Joint Committee in order to ensure that the discrepancies are resolved.

Such actions should be sent together with the corresponding Disagreement Act set out in the model in Annex II and specifically set out for this scenario.

If the Commission fails to reach an agreement within 7 days, it shall forward the action to the Interconfederal Mediation and Arbitration Service within 3 days of its scope accompanied by the Act of Annex II. (a) in order to make the relevant arbitration binding, in which case the arbitral award shall be of the same effectiveness as the agreements in the period of consultations and shall only be used in accordance with the procedure and on the basis of the grounds laid down In Article 91 of the E.T.

In the case of the absence of employee representatives in the company, it will be understood that the most representative trade unions in the sector are entitled to be part of the Negotiating Commission of the Collective agreement of application to the same, unless the workers attribute their representation to a commission designated in accordance with the provisions of Article 41.4 of the E.T.

i) How many other functions tend to be more effective in the practical effectiveness of this Convention, or are derived from the text and annexes that form part of this Convention.

2. Both the signatory parties to this Convention and those referred to in Article 4 concerning the personal sphere shall be obliged to inform the Commission of any doubts, discrepancies and collective conflicts of a general nature. may be considered in relation to the interpretation and application of it, provided that they fall within its competence in accordance with the provisions of the preceding paragraph, so that, by its intervention, the problem raised is resolved or, if not , issue the appropriate resolution or report.

3. Without prejudice to the provisions of paragraph 3 of the previous Article, it is established that the questions of its competence which arise from the Joint Committee shall be submitted in writing, and its content shall be as necessary to enable it to examine and analyze the problem with cause knowledge, and must have as mandatory minimum content:

a) The succinct and concrete exposure of the subject.

b) Reasons and fundamentals you understand assist the proponent.

c) A specific proposal or request to be made to the Commission.

The consultation paper will accompany how many documents are needed for the best understanding and resolution of the problem.

4. The Commission may, by way of extension, collect as much information or documentation as it considers relevant for a better or more complete information of the case, to which it shall give a time limit to the proposer which may not exceed five working days.

5. The Joint Committee shall, after receipt of the written consultation or, where appropriate, complete the relevant information, have a period of not more than 20 working days, in the event of an agreement, to resolve the issue by issuing the corresponding resolution.

If there is no agreement, a report will be made in which the members of the Commission will collect the considerations that, respectively, have formulated to substantiate their respective positions and, therefore, the discrepancy.

In the latter case the Commission will act as set out in the following number.

6. In cases where the Joint Committee does not reach agreement on matters falling within its competence, referred to in paragraph 1 (h) and in Chapter III of the Title referred to in paragraph 1 of this Article, They will, if necessary, move the discrepancies to the systems of out-of-court settlement of conflicts, assuming the 5th Agreement on the Autonomous Solution of Labor Conflicts (Extrachaujudicial System), (Convention Code No. 99100025092012) that was signed on 7 February 2012 by the Trade Union Confederation of Commissions Workers (CC.OO.) and the General Workers ' Union (UGT) and the other by the Spanish Confederation of Business Organisations (CEOE) and the Spanish Confederation of Small and Medium-sized Enterprises (CESME), published in the BOE of 23 February 2012, or where appropriate, subject to the non-judicial dispute settlement systems established by the relevant Inter-Professional Agreements provided for in Article 83 of the Treaty.

7. With regard to the measures to contribute to the internal flexibility of the company, the possible irregular distribution of the day will be regulated in article 85.3.i) 1 of the E.T.

TITLE I

From the individual work relationship

CHAPTER I

Contract Form and Modes

Article 16. Form of contract.

The admission of workers to the company, as from the entry into force of this Convention, shall be made in writing.

In addition, communications for extension or extension of the same, and notice of termination, relating to temporary contracts, shall be formalized in writing in accordance with the terms laid down in this Convention or in the legal rule.

The work contract must be completed before the service delivery begins. The contract of employment to be laid down in writing, the conditions to be agreed, the professional group or category in which the worker is covered, and the minimum content of the contract, as well as the other formal requirements, shall be recorded. legally required.

By minimum content, the full identification of the contracting parties, the geographical location and the name, if any, of the working centre to which the worker is attached is understood, the address of the registered office of the the undertaking, group, level or professional category, the annual total remuneration initially agreed and the literal expression of the applicable collective agreement.

Article 17. Recruitment.

Income to work may be made in accordance with any of the modalities governed by the Staff Regulations, in the provisions of development and in the present General Collective Agreement.

Article 18. Fixed template or indefinite contract.

It will be understood as a fixed or indefinite employment contract, which is designed between the company and the worker, for the provision of work for an indefinite period, and will be the standard of employment in the companies in the sector.

CHAPTER II

Contract Duration

Article 19. Test period.

1. A probationary period may be arranged in writing, which may in no case exceed:

A) Groups I and II: 6 months.

B) Groups III, IV: 3 months.

C) Groups V and VI: 1 month.

D) Group VII: 15 days.

Article 20. Training contracts.

1. The contract of work in practice may be concluded with those in possession of a university degree or professional training of a medium or higher degree, or officially recognised as equivalent qualifications, which they enable for the financial year professional, within five years immediately following the completion of the corresponding studies or seven years when the contract is designed with a worker with disabilities, according to the following rules:

(a) The job position must enable the appropriate professional practice to be obtained at the level of studies completed.

(b) The duration of the contract may not be less than six months or exceed two years.

(c) No worker may be engaged in practices in the same or different undertaking for more than two years by virtue of the same degree.

(d) The remuneration of the trainee shall not be less than 60 or 75% during the first or second year of the term of the contract, respectively, of the salary set out in the agreement for a worker who performs the same or equivalent job position.

(e) If the worker continues to be employed at the end of the contract, a further trial period cannot be concluded, with the duration of the practice being computed for the purposes of seniority in the undertaking.

2. The contract for training and apprenticeship shall aim at the vocational qualification of workers in a system of alternance of work activity paid in a company with training activity received in the framework of the system of vocational training for employment or the education system.

The contract for training and learning will be governed by the following rules:

(a) It may be concluded with workers over 16 and under 25 years of age who lack the professional qualification recognised by the vocational training system for employment or the required education system. to arrange a contract in practice.

The age limit will not apply when the contract is reached with people with disabilities.

b) The minimum duration of the contract shall be one year and the maximum of three.

Situations of temporary incapacity, risk during pregnancy, maternity, adoption or reception, risk during breast-feeding and paternity will interrupt the computation of the duration of the contract.

(c) The duration of the contract for training and learning is expirated, the worker may not be employed under this mode by the same or different undertaking for the same employment or occupation activity as the subject of the qualification professional associated with the contract, but for a different one.

No contracts may be concluded for training and learning when the job corresponding to the contract has been previously performed by the worker in the same undertaking for a period of more than 12 months. months.

(d) The worker must receive the training inherent in the contract for training and learning directly in a training centre of the network referred to in the fifth additional provision of the Organic Law of 19 In June, the qualifications and vocational training, previously recognised by the National Employment System, have been recognized for this purpose. However, it may also receive such training in the undertaking itself where it has the facilities and the staff appropriate for the purposes of the accreditation of the professional competence or qualification referred to in paragraph 1. (e) without prejudice to the need, where appropriate, for additional training periods to be carried out at the centres of the network referred

.

The work activity performed by the employee in the company must be related to the training activities.

Training activities may include additional training not referred to the National Catalogue of Professional Qualifications to accommodate both the needs of workers and businesses.

e) The qualification or professional competence acquired through the contract for training and learning shall be subject to accreditation in the terms laid down in the Organic Law of 19 June of the Qualifications and of vocational training, and in its development regulations. In accordance with this Regulation, the worker may ask the competent public authority to issue a certificate of professional competence, professional training certificate or, where appropriate, partial accreditation. cumulative.

(f) Effective working time, which must be compatible with the time spent on training activities, may not exceed 75 per cent, during the first year, or 85 per cent, during the second and third years, the maximum time provided for in the collective agreement or, failing that, the maximum legal day. Workers shall not be able to perform overtime, except in the case provided for in Article 35.3. They will also not be able to do night work or shift work.

g) The remuneration of the contract worker for training and apprenticeship shall be 80%, 90% and 95% respectively for the first, second and third year of the term of the contract.

These percentages will be applied to the salary corresponding to the job for which the training is being performed.

Article 21. Replacement contract in anticipation of retirement age, and replacement contract.

By agreement between a company and a worker, the worker may retire at the age of 64 and the company will have the obligation to hire a worker to replace him so that the former can benefit from the benefits established. in the current legislation

In order to promote generational relief, companies falling within the scope of this Convention undertake to carry out relief contracts in accordance with the terms laid down in the legislation. in effect.

Trade union and business representation, agreed in this Convention which, in any case, the maximum age for work will be indicated in the summary table which is subsequently set out, the contract of employment is extinguished for compliance by the worker of the ordinary retirement age laid down in the Social Security legislation.

This measure seeks to improve employment stability, the transformation of temporary contracts into indefinite employment, the sustainability of employment, the recruitment of new workers and the best quality of employment.

The following summary table is attached in which the mandatory retirement age for each of the years of the convention is included, depending on the contribution period credited in each case:

Accredited Quote Periods

Required Age

2012

35 years.

65 years.

2013

35 years and 3 months or more.

Less than 35 years and 3 months.

65 years.

65 years and 1 month

2014

35 years and 6 months or more.

Less than 35 years and 6 months.

65 years.

65 years and 2 months

2015

35 years and 9 months or more

Less than 35 years and 9 months months.

65 years.

65 years and 3 months

2016

36 years or more.

Less than 36 years.

65 years.

65 years and 4 months

In any event, the worker affected by the termination of the employment contract for the purpose of the retirement age indicated, must have the minimum contribution period covered by entitlement to the pension. (a) a retirement contribution, and the other conditions required by the Social Security legislation to qualify for the retirement pension in its contributory form.

Article 22. Eventual contracts due to circumstances of production.

1. In accordance with the provisions of Article 15.1.b) of the recast text of the Staff Regulations, adopted by Royal Decree-Law 1/1995 of 24 March, and the RD 5/2001 of 2 March 2001, the maximum duration of any contracts may be circumstances of the production, accumulation of tasks or excess of orders, may be up to 12 months worked within a period of 18 months.

2. Such contracts where they are concluded for a duration of less than 12 months may be extended for one time only within this period, in accordance with the legal provisions in force.

3. The cork sector, which is the subject of regulation, is fluctuating in its productive intensity in the light of the cyclical and cyclical circumstances of the economy. This conclusion inevitably leads to the possibility of recruitment in the sector, in the light of the current low-activity situation, in the broad sense of the circumstantial requirements of the market which entail transitional measures. Task accumulations or excess orders. These circumstances turn out to be cyclically constant in time and relative to temporary permanence within the changing cycles of the economy.

Therefore, the parties to the present agreement agree to proceed with appropriate regulation of the contract of employment provided for in Article 15.1.b) of the TRLET, adapting it to the unique conditions of the cork sector in the current circumstances of employment and productivity persist.

4. Upon termination of the contract, the undertaking shall be obliged to provide the worker with compensation of 20 days per year of service or the proportional share corresponding to the contract.

5. Contracts concluded under this modality shall contain an express reference to this Article.

Article 23. Contract for a given work or service.

In accordance with the powers conferred by Law 1/1995, TRLET, in its article 15.1.a) the parties to this Convention agree to identify certain works or tasks with their own substantive normal activities of undertakings in the sector, as defined in Article 9 of this Regulation. Consequently, only contracts under Article 15.1. of the ET, i.e. for certain work or service, may be made for the following activities:

A) Installation repair work.

B) For the performance of a work, with its own substantive outside the premises of the company.

C) Work to perform a work that has as its object the collection of the cork in the field, once extracted from the tree for shipment and stored in the company.

Regarding notice and termination shall be within the meaning of Article 24 of this Convention.

At the termination of the contract, the company shall be obliged to satisfy the worker for an indemnity of twenty days per year of service or the corresponding proportional share.

Article 24. Pre-notices and cesses, extinction of the employment relationship.

The termination of the termination of the works or services subject to the contract or the expiration of the time agreed in other modalities shall be communicated in writing to the worker at least 15 days in advance natural. However, the employer may replace this notice with an allowance equivalent to the amount corresponding to the days of notice omitted, all without prejudice to the written notification of termination. Where the worker is the one who communicated his decision to terminate the contract before the end of the contract, the compensation compensation to the contrary established on the same terms shall be operated.

The foregoing shall not apply as soon as the term of notice and the indemnities for contracts concluded under the modality of interinity or substitution, or possible due to circumstances of the lower production or equal to four months, without prejudice to the written notification of the eesc.

Those temporary contracts that have exceeded the duration of one year, with the exception of those contracted for interinity or substitution, shall be pre-notified in writing at the following time:

Professional group I staff to III: 1 month.

Rest of staff: 15 calendar days.

However, the employer may substitute this notice for the compensation equivalent to the days of notice omitted in similar terms as in the first paragraph.

When the worker is the one who will communicate his decision to terminate the contract before the end of the contract, the compensation compensation will be operated contrary to the same terms.

Identical compensation compensation shall be made when the fixed staff member decides to terminate his contract by notifying in writing of his voluntary absence from the company and fails to comply with the notice periods indicated in the paragraph fourth.

CHAPTER III

Organization of the job

Article 25. Organization of the job.

The technical and practical organization of the work corresponds to the management of the company, who will be able to establish how many systems of organization, rationalization and modernization consider opportune, as well as any structuring of the sections or departments of the undertaking, provided that they are carried out in accordance with the legal provisions on the matter.

The purpose of the organization of work is to achieve an adequate level of productivity in the company based on the optimal use of human and material resources. This is possible with an active and responsible attitude of the members: Directorate and workers.

Without the right referred to in the first paragraph, the employees ' representatives shall have functions of guidance, proposal, issuance of reports, etc. in relation to the organization and rationalization of the work, in accordance with the legislation in force and in accordance with the provisions of this Convention.

The union representation will therefore be consulted on the application and development of the organization of the work. The trade union representation will also be consulted in the design, implementation, monitoring and evaluation of training programmes prior to the implementation of any organisational changes.

Article 26. Organizational competence.

The organization of the job will be extended to the following issues:

1. The existence of normal activity.

2. Award of the necessary elements (specific machines or tasks) so that the worker can achieve at least the activities referred to in the previous issue.

3. The fixing of both the waste and the eligible quality rates, throughout the manufacturing process concerned.

4. The monitoring, attention and cleaning of the machinery entrusted, taking into account, in any case, the determination of the amount of work and activity to normal performance.

5. The adaptation of the workloads, performance and tariffs to the new conditions that result from the change of determined operative method, manufacturing process, change of matter, machinery or any other technical condition of the the process in question.

6. The fixing of clear and simple formulas for obtaining the remuneration calculations which correspond to each and every worker concerned, in such a way that, whatever the professional group of the workers themselves and the position of job, they can easily understand them.

Article 27. Procedure for the implementation of work organization systems.

For the implementation of a new system of yields on the basis of premium or incentives, fixing the normal and optimal activity and changing the working methods, the following form will be taken:

1. The management of the company must inform in advance of the new system that is intended to be implemented to the Committee of the company or the Delegate of staff and to the union delegates, if the ones or representatives of the trade union sections.

2. In the event that there is no agreement between the Directorate and the representatives of the employees, in relation to the implementation of a new system of organisation of work, both parties may jointly request the mediation of the Mixed commission, or recourse to an external arbitration, or labor jurisdiction.

Article 28. New technologies.

When new technologies are introduced into a company that can be expected to be used for workers to substantially change working conditions, or a period of training or technical adaptation not less than one month, communicate the same to the representatives of the employees within a sufficient period of time in order to be able to analyse and predict their consequences in relation to: employment, occupational health, training and organisation of work. The workers concerned must also be provided with the necessary training for the development of their new role.

In the assumption that the introduction of new technologies would lead to a substantial change in working conditions, the provisions of Article 41 of the Workers ' Statute would be in place.

Article 29. Revision of values.

The company's time department may take new times whenever it deems necessary, although the values may only be modified when any of the following cases are present:

1. Mechanisation.

2. Improvement of facilities to facilitate the performance of jobs.

3. When the work is first series setting a provisional value as long as the definitive is not fixed later.

4. Surgical method changes, other than those described in the previous system of the job.

5. When numeric or mathematical calculation error exists.

6. When, without detriment to the quality required, 75% of the operators who perform a given job, for one month, have achieved an activity in excess of the optimum performance, whatever the productivity system is. use.

Article 30. Scientific organization of work.

For the purposes of the specific organisation of work in the companies covered by this Convention which apply this system, and where appropriate for their best operation and operation, the following shall be taken into account: definitions:

A) Normal activity: A normal activity, the equivalent of 60 Bedaux points, 100 Centesimal points or the reference to any other system of scientific mediation of the work, calculated by means of stopwatches any of the known systems or by applying the instant observations technique called work sampling.

B) Optimal activity: This corresponds to the measurement systems with the indices 80 and 140 in the Bedaux or Centesimal systems, respectively, or their equivalent in any other system of scientific measurement of the work.

C) Normal performance: This is the amount of work an operator performs in a normal activity time.

D) Optimal performance: It is the amount of work that an operator performs in an optimal activity time.

E) Machine time: It is the one that employs a machine to produce a task unit under certain technical conditions.

F) Normal time: It is the one invested by a worker in a given operation in normal activity, not including recovery times. Optimal work: It is the one in which the operator can develop the optimal activity all the time.

G) Limited work in normal activity: It is the one in which the operator cannot develop the optimal activity during all its time. The limitation may be due to the machine's work, the fact of working as a team or the conditions of the operative method. For remuneration purposes, waiting times due to any of the above limitations will be paid as if you are working in normal business.

H) Limited work in optimal activity: The optimal activity will be obtained considering that the minimum production time is the "machine time" performed in optimal activity. In the appropriate cases, the interference and breaks of the machine or equipment shall be calculated.

Article 31. Paid work with incentive, assessment criteria.

For your calculation and establishment, the following circumstances will be taken into account:

A) Degree of specialization that the work to perform requires according to the mechanization of the industry.

b) Physical effort and attention that its execution originates.

C) Dureza and any other special work circumstances to be performed.

D) Environment in which the work is carried out, as well as the climatic conditions of the place where it has to be verified.

E) The quality of the materials used.

F) The economic importance that the work to do has for the company and the normal course of its production.

G) Any other circumstances of a similar character to those listed.

H) The rest periods laid down in the ILO provisions.

CHAPTER IV

Professional classification

Article 32. General rule.

The structure of the professional framework of the present State Collective Agreement for the Corcho Sector based on Professional Groups, consists of eight groups, which are functionally divided each of them in Technicians, Employees and Operaries. Therefore, each worker must be assigned to a Professional Group and a certain functional division should be assigned the group salary established for the same.

The functional mobility for the performance of functions corresponding to another Professional Group where the worker is framed will only be possible if there are technical or organizational reasons that justify it and for the time It is essential for their attention to be given, by the employer, to the period of time required for training and adaptation to these tasks. The employer must communicate this situation to the representatives of the employees, as laid down in Article 39.2 of the recast of the Staff Regulations. In the event that there is a legal or conventional amendment affecting the provisions of this paragraph, it shall be in accordance with the provisions of this paragraph. The workers ' framework in the respective Professional Group and functional division will be carried out with the criteria of Knowledge, Initiative/Autonomy, Complexity, Responsibility and Command, which appear as factors. conditions for membership of a particular group as well as the training required for each of them.

Companies may, in accordance with Articles 25 and 26 of this Convention, fix the classification necessary to occupy each job in the light of the professional knowledge required for the same.

The forecast of the Professional Groups that may result from the implementation of the agreement will not imply the obligation for companies to have them all.

With regard to the companies that adopt the system of valuation of jobs it is understood that in this assessment it is implicit the respect to the prescriptions that in the matter of professional classification establishes the present convention.

The Professional Groups will be those indicated in the following article, which includes the description of the functions. The names mentioned in each professional group are, by reference, indicative, in order to apply the new system of professional classification. The framing grille corresponding to this new professional classification is included in Annex 0.

The act of classification of the worker in order to the Professional Group shall be carried out by the Management of the company, without prejudice to the provisions of the Staff Regulations.

Article 33. General criteria.

1. This chapter on professional classification has been established in particular in the light of the criteria laid down in Article 22 of the Staff Regulations for the existence of the Professional Group, i.e. professional skills, qualifications and general content of the benefit, including in each group a variety of professional categories with different professional functions and specialties.

2. Classification is carried out in functional divisions and professional groups by interpretation and application of general objective criteria and by the most representative basic tasks and functions developed by the workers.

3. In the case of concurrency in a position of work of basic tasks corresponding to different professional groups, the classification will be carried out according to the activities of the higher professional group. This classification criterion shall not imply that the performance of complementary tasks which are essential for positions classified in lower professional groups is excluded from the positions of each professional group.

4. All workers affected by this General Convention shall be assigned to a certain functional division and to a professional group. Both circumstances will define your position in the organizational scheme of each company.

The categories in force at the time of entry into force of this Convention, which are referred to in each of the professional groups, are classified in three functional divisions defined in the following categories: terms:

Technicians: It is the staff with a high degree of qualification, experience and skills equivalent to those who can be acquired with higher and middle degrees, performing tasks of high qualification and complexity.

Employees: It is the personnel who for their knowledge and/or experience perform administrative, commercial, organizational, computer, laboratory and, in general, the specific office positions, which allow to inform management, economic-accounting activity, coordinating productive tasks, or carrying out ancillary tasks that bring attention to people.

Operators: It is the personnel who for their knowledge and/or experience execute operations related to production, either directly, acting in the production process, or in maintenance, transportation or other operations auxiliary, in turn being able to perform monitoring or coordination functions.

5. The factors which affect the professional classification of workers falling within the scope of this Convention and which therefore indicate the membership of each of them to a particular professional group, all according to the criteria Article 22 of the Staff Regulations is defined in this paragraph.

In addition, it should be taken into account, in terms of the jobs, the size of the company or the productive unit in which the function is developed, since it can influence the assessment of all or some of the factors.

6. Case of discrepancy, in respect of questions of attachment to a particular professional group, the parties shall be subject to the arbitration of the mediation bodies corresponding to each territory.

Defining the factors that influence the determination of membership of a particular professional group:

I. Knowledge.

Factor for whose elaboration is taken into account, in addition to the basic training necessary to be able to correctly fulfill the task, the degree of knowledge and experience acquired, as well as the difficulty in the acquisition of such knowledge or experience.

This factor can be divided into two subfacets:

A) Training. This subfactor considers the minimum initial level of theoretical knowledge that a person of average capacity must possess in order to successfully perform the duties of the post after a period of practical training. This factor should also consider the requirements of specialized knowledge, languages, computer science, etc.

B) Experience. This subfactor determines the length of time required for a person of average capacity, and possessing the training specified above, to acquire the skill and practice required to perform the post, obtaining a performance sufficient quantity and quality.

II. Initiative/autonomy.

Factor in which the largest or lowest dependency to guidelines or standards is taken into account and the greater or lesser subordination in the performance of the function that is developed. This factor includes both the need to detect problems and to improvise solutions to them.

Must be considered:

a) Reference framework. Assessment of the limitations that may exist in the post with regard to: Access to persons with superior liability in the company's organization chart, the existence of written rules or procedural manuals.

b) Making the decision. Understanding as such the responsibility of the position to determine the possible solutions and to choose the one that is considered more appropriate.

III. Complexity.

Factor whose valuation is based on the largest or smaller number, as well as the greater or lesser degree of integration of the remaining factors listed in the task or given.

a) Difficulty at work. This subfactor considers the complexity of the task to be developed and the frequency of possible incidents.

b) Special skills. This subfactor determines the skills that are required for certain jobs, such as physical effort, manual dexterity, good vision, etc., and their frequency during the workday.

c) Working environment. This subfactor appreciates the circumstances under which the work is to be done, and the extent to which these conditions do the unpleasant work.

The circumstances regarding the mode of work (night, shift, etc.) will not be included in this sub-factor.

IV. Responsibility.

Factor in which the degree of autonomy of action of the holder of the function and the degree of influence on the results and importance of the consequences of the management are taken into account.

This factor comprises the subfactors:

a) Responsibility for management and results. This subfactor considers the responsibility assumed by the occupant of the post on the errors that may occur. Not only the direct consequences are valued, but also their possible impact on the company's progress. In this sense, it is important not to take extreme values, but rather a logical and normal average. To assess correctly, it is necessary to consider the extent to which the work is monitored or subsequently checked.

b) Interrelation capacity. This subfactor appreciates the responsibility assumed by the occupant of the post on official contacts with other persons, inside and outside the company. It is considered the personality and skill required to achieve the desired results, and the form and frequency of the contacts.

V. Command.

It is the set of tasks of planning, organization, control and direction of the activities of others, assigned by the management of the company, that require the necessary knowledge to understand, to motivate and to develop to people who are hierarchically dependent on the position.

To be evaluated, account should be taken of:

a) Task ordering capability.

b) Nature of the collective.

(c) Number of persons on whom the command is exercised.

Professional classification

Professional Group 0.

General Criteria: Workers belonging to this group plan, organize, direct and coordinate the various activities of the company's development. Its functions include the elaboration of the organizational policy, the general approaches to the effective use of human resources and the material aspects, the orientation and the control of the activities of the organization as the established programme or policy adopted; the establishment and maintenance of productive and support structures and the development of industrial, financial or commercial policy.

Make decisions or participate in their elaboration. They have high levels of management or execution of the same levels in the departments, divisions, groups, factories, plants, etc. in which the company is structured and which always respond to the particular ordination of each of them.

Professional Group 1.

General Criteria: Workers belonging to this group have direct responsibility in the management of one or more functional areas of the company, or perform technical tasks of the highest complexity and qualification. They take decisions or are involved in their preparation as well as in the definition of specific objectives. They perform their duties with a high degree of autonomy, initiative and responsibility.

Training: Higher-grade university qualification or equivalent knowledge equated by the company and/or with consolidated experience in the exercise of its professional sector.

They correspond, usually with the staff surveyed in the number 1 of the social security contribution bases.

Understand, as a guideline, the following categories:

Technicians:

Systems analysts (higher titer).

Architects.

Directors of Areas and Services.

Engineers.

Licensed.

Tasks:

Examples: In this professional group, all those activities are included as enunciative title, which, by analogy, are similar to the following:

1. Supervision and technical direction of a manufacturing process or section, of the entire process or section, or of a group of services or of all the same.

2. Coordination, monitoring, sorting, and/or management of heterogeneous jobs or the set of activities within an area, service, or department.

3. Responsibility and management of the operation of a computer system or of local computer services networks over the set of data processing services in medium-sized units.

4. Tasks of technical direction of high complexity and heterogeneity, with high level of autonomy and initiative within their field, in functions of research, quality control, definition of industrial processes, administration, consultancy legal and labor law, etc.

5. Management tasks of commercial management with broad responsibility for a defined geographic sector.

6. Technical tasks of very high complexity and multipurpose, with the highest level of autonomy and initiative within their field, being able to involve advice in the fundamental decisions of the company.

7. Functions consistent with planning, ordering, and monitoring an area, service, or department of a medium-sized enterprise, or small-scale enterprises, with responsibility for the results of it.

8. Tasks of analysis of computer systems, consisting of defining, developing and implementing mechanized systems, both in the physical (hardware) and in the logical (software) scope.

Professional Group 2.

General criteria: They are workers who, with a high degree of autonomy, initiative and responsibility, perform complex technical tasks, with defined global objectives, or that have a high intellectual or human interrelation. Also those responsible for the integration, coordination and monitoring of functions, carried out by a set of collaborators in the same functional area.

Training: A medium-grade university degree or equivalent knowledge equated by the company, completed with a long experience in its professional sector. They may eventually have higher-grade university studies and be assimilated to the positions defined in this group, "Higher entry holders".

Normally, you will understand the categories in the number 2 of the scale of the social security contribution bases and, eventually, the number 1 of face to cover the top entry holders.

Understand, as a guideline, the following categories:

Technicians:

Higher graduates of entry (Group of higher graduates and graduates in general, of entry, who regardless of the type of contract formalized (fixed, in practice, etc.) do not have previous experience in companies, a period of adaptation is necessary to meet the general criteria required for classification in the professional group 1).

ATS.

Technical Architects (Appliances).

Technical Engineers (Perios).

Social graduates.

Tasks:

Examples: In this professional group, all those activities are included as enunciative title, which, by analogy, are similar to the following:

1. Functions that assume responsibility for ordering, coordinating and supervising the execution of heterogeneous tasks of production, marketing, maintenance, administration, services, etc., or in any grouping of them, when the dimensions of the company advises such groupings.

2. High technical content tasks consisting of supporting, with medium autonomy and under guidelines and standards that do not totally delimit the way to proceed in functions of research, quality control, surveillance and control of processes industry, etc.

3. Activities and tasks of ATS, performing cures, leading to the control of casualties of temporary incapacity for work and accidents, audiometric studies, vaccinations, statistical studies of accidents, etc.

4. Social Undergraduate activities consisting of functions of organization, control, counseling or command in order for admission, classification, coupling, instruction, economics, canteens, staff forecasting, etc.

Professional Group 3.

General Criteria: These are those workers who, with or without command responsibility, perform tasks with a medium content of intellectual activity and human interrelation, in a framework of precise instructions of complexity medium technique, with autonomy within the process. They perform functions that involve the integration, coordination and monitoring of homogeneous tasks, performed by a set of collaborators, in a smaller organizational stage.

Training: Medium-grade, second-degree specialist, and/or with long experience in the job.

You will normally understand the categories in the number 3 scale of the social security contribution bases.

Understand, as a guideline, the following categories:

Technicians:

Analyst Analyst.

Projectionist.

Projectionist.

Heads of Areas and Services.

Employees:

Heads of Areas and Services.

Operatives:

Factory General Manager.

Contractor.

Head of Workshop (Qualified Training).

Industrial master.

Tasks:

Examples: In this professional group, all those activities are included as enunciative title, which, by analogy, are similar to the following:

1. Technical tasks which consist of the exercise of direct command at the head of a set of trade or production operators in main installations (manufacture of stoppers, decorative, etc.).

2. Technical tasks of coding computer programs in the appropriate language, verifying their correct execution and documenting them properly.

3. Technical tasks that consist of the ordering of tasks and jobs of a complete unit of production.

4. Activities involving the responsibility of a shift or a production unit that may be seconded by one or more workers of the lower professional group.

5. Technical tasks of inspection, monitoring, or management of the sales network.

6. Technical tasks of management and supervision in the area of accounting, consisting of gathering the elements supplied by the helpers, drawing up states, balances, costs, provisional treasury and other similar works on the basis of the the company's accounting plan.

7. Technical tasks consisting in contributing to the development of a project that is written by a technician (Engineer, Apparator, etc.) by applying the standardization, performing the calculation of detail, making drawings from data provided by a command higher.

8. Administrative technical tasks of organisation or practical implementation laboratory, which involve supervision according to standards received from a higher command.

9. Technical or administrative tasks of purchasing procurement and procurement management and conventional goods of small complexity or the supply of complex goods.

10. Technical tasks of R & D management of complete projects according to instructions provided by a higher command.

11. Technical, administrative or organisational tasks, consisting of preventive or corrective maintenance of robotic systems involving extensive integrated knowledge of electronics, hydraulics and pneumatic logic, leading to the responsibility for early intervention within the production process.

12. Technical tasks of all kinds of projects, reproductions or details under the direction of a superior command, ordering, monitoring and directing the practical execution of the same, being able to direct assemblies, to raise planes, etc.

13. Technical tasks of commercial management with responsibility for a defined geographical sector and/or a specific range of products.

Professional Group 4.

General criteria: Those workers who carry out self-employed work who regularly demand initiative and reasoning from the workers responsible for their execution, acting under supervision responsibility for the same.

Training: Baccalaureate, BUP or equivalent or specialist technician (level 3 modules), supplemented with job training or knowledge acquired in the performance of the profession.

You will normally understand the categories in the scales 4 and 8 of the Social Security contribution bases.

Understand, as a guideline, the following categories:

Employees:

Outlines 1. ª

Administrative technicians.

Lab technicians.

Technical organization.

Operatives:

Managers.

Tasks:

Examples: In this professional group, all those activities are included as enunciative title, which, by analogy, are similar to the following:

1. Commercial correspondence writing, price calculation in view of received bids, receipt and fulfillment of orders and proposals for response.

2. Tasks that consist of establishing, on the basis of accounting documents, a part of the accounting.

3. Laboratory analysis and determination tasks performed under supervision, without it being necessary to always indicate standards and specifications, involving preparation of the necessary elements, obtaining samples and extension of certificates and analysis bulletins.

4. Tasks of delineating simple projects, raising plans of set and detail, starting from information received and carrying out the necessary tanteros while providing the required solutions.

5. Complete project R & D tasks according to instructions.

6. Tasks involving supervision according to general rules received from an immediate superior command of the practical execution of the tasks in the workshop, laboratory or office.

7. Management tasks for purchases of supplies and conventional goods of small complexity or supply of complex goods without authority over them.

8. Tasks that consist of the preventive and corrective maintenance of robotic systems that involve sufficient integrated knowledge of electronics, hydraulics and pneumatic logic, bearing the corresponding responsibility within the process productive.

9. Computer program coding tasks and installation of computer packages under direct instructions from the IT application exploitation analyst.

10. Sales and marketing tasks for products of complexity and unit value.

11. Translation tasks, correspondence, taquimecanography and personal communications attention with sufficient domain of a foreign language and high confidentiality.

12. Automatic regulation tasks by choosing the appropriate programme, introducing precise variants into production facilities, centralised or not, taking control through the appropriate means (terminals, microcomputers, etc.).

13. Exercising direct command to the front of a set of operators that receive production, classify, store and issue, carrying out the control of the materials, as well as the use of the vehicles-vehicles at its disposal.

14. To exercise direct command to the front of a set of operators who perform the auxiliary tasks to the main production line, supplying and preparing materials, equipment, tools, evacuations, etc., carrying out the control of the machines and vehicles that are used.

15. To exercise direct command at the head of a set of operators within an intermediate stage or geographically defined area in a line of the production or assembly process, coordinating and controlling the operations inherent in the production process of the corresponding phase, performing the installation and materials control that are used.

16. Carry out inspections of all kinds of parts, machines, structures, materials and spare parts, both during the process and after completion, in the company itself, on the basis of plans, tolerances, compositions, appearance, standards and use with a high degree of decision on acceptance, reporting where the results are also displayed for those received from abroad.

Professional Group 5.

General Criteria: Tasks that are run under the command or the highest rating professionals within the scheme of each company, usually with a high degree of supervision, but with certain knowledge professionals, with an intermediate period of adaptation.

Training: Knowledge acquired in the performance of their profession or without qualification or auxiliary technician (level 2 modules) with specific training in the job or knowledge acquired in the performance of the profession.

You will normally understand the categories in the numbers 5 and 8, from the bases of social security contributions.

Understand, as a guideline, the following categories:

Operatives:

Truck driver.

Chief or Chargé (small business).

Group Chiefs and Capataces.

Craft Professionals from

.

First group professionals.

Employees:

Cashier.

Delineant 2.

Administrative officers of 1 and 2.

Travelling.

Tasks:

Examples: In this professional group, all those activities are included as enunciative title, which, by analogy, are comparable to the following:

1. Administrative tasks developed using IT applications.

2. Elementary tasks of calculation of salaries, valuation of costs, functions of collection and payment, etc., depending on and directly executing the orders of a higher command.

3. Tasks of electronics, steel, automotive, instrumentation, assembly or welding, masonry, carpentry, electricity, painting, mechanics, etc., with sufficient training to solve all the requirements of your craft or responsibility.

4. Control and regulatory tasks for production processes that generate product transformation.

5. Tasks for the sale and marketing of products of reduced unit value and/or so low complexity that do not require a technical specialization other than the demonstration itself, price communication and credit and delivery conditions, order fulfillment, and so on.

6. Preparation tasks or operations on conventional machines involving self-control of the product produced.

7. File, record, calculation, billing, or similar tasks that require some degree of initiative.

8. Order fulfillment, merchandise review, and distribution tasks with record in books or mechanics, to the effect of daily movement.

9. Read, annotation and control tasks, under detailed instructions, of industrial processes or the supply of general manufacturing services.

10. Typing tasks, with good work presentation and correct spelling and proper speed that can be implied by the writing of correspondence according to specific format and instructions, being able to use computer packages such as word processors or the like.

11. Elementary design tasks of drawing, calcos or lithographs that others have prepared, as well as simple calculations.

12. Exercise direct command to the front of a set of operators in charge of loading and unloading, cleaning, conditioning, etc., generally of manual type or with machines, including productive processes.

13. Control the quality of production or assembly, carrying out visual inspections and reclassifications or with the corresponding apparatus, deciding on the rejection on the basis of fixed standards, reflecting in parts or through the results of the inspection.

14. Data collection of production processes, referring to temperatures, humidity, cycle duration, percentages of raw materials, wear and tear, defects, abnormalities, etc., reflecting in parts or through template all the data according to code to the effect.

15. Perform data pools, summaries, statistics, tables, follow-ups, histograms, certifications, etc., with data provided by others who take them directly on the basis of generally precise rules.

Professional Group 6.

General Criteria: Tasks that are executed with a high degree of dependency, clearly established, with specific instructions. They may preferably require physical effort, with little training or very elementary knowledge and may occasionally need a small period of adaptation.

Training: The basic levels required and in some case of initiation for office tasks. Compulsory secondary education (ESO) or auxiliary technician (level 2 module), as well as knowledge acquired in the performance of their profession.

You will normally understand the categories in the numbers 6, 7 and 9 of the social security contributions.

Understand, as a guideline, the following categories:

Operatives:

Tourism driver.

Machine driver.

Specialist.

Officio 2. ª

Professional second group professional.

agglomerist.

Store.

Concierge.

Dependent.

List.

Pesator-Basculero.

Employees:

Auxiliary in general.

Computer Operator.

Telephone.

Tasks:

Examples: In this professional group, all those activities are included as enunciative title, which, by analogy, are comparable to the following:

1. Simple activities, requiring regulation and tuning or handling of frames, indicators and non-automatic panels.

2. Agglomerist, choosen and similar tasks as well as electronics, automotive, instrumentation, assembly, masonry, electricity, mechanics, painting, etc.

3. Elementary tasks in the laboratory.

4. Building and local access control tasks.

5. Reception tasks that do not require special qualification or language knowledge. Telephonist and/or receptionist.

6. Reprographic works in general. Reproduction and caling of drawings.

7. Simple and routine typing, archiving, calculation, billing, or similar administration jobs.

8. Simple and routine analysis of easy checking, sampling functions, and sample preparation for analysis.

9. Product series tuning tasks, elementary set of elementary set series, product assembly verified.

10. Verification tasks consisting of visual checking and/or direct measurement patterns already established of the quality of the components and simple elements in assembly and subassembly assembly and finishing processes, indicate their adequacy or inadequacy to such patterns.

11. Monitoring and regulation of static machines on the movement of materials (conveyor belts and the like).

12. Perform work on machine-tools prepared by another on the basis of simple instructions and/or simple sketches.

13. Perform polishing, varnish or other analogues using mechanical elements.

14. Transport and palletizing tasks performed with mechanical elements.

15. Equipment, telex or facsimile operation tasks.

16. Data recording tasks on computer systems.

17. Driving with appropriate permission, understanding that this activity can be combined with other related activities.

18. Driving self-propelled or suspended heavy machines in vacuum, lifting, loading, dragging, etc. (locomotives, tractors, shovels, cranes, cranes, bridge, gantry cranes, wheelbarrows, etc.).

Professional Group 7.

General criteria: These workers will be included who perform tasks that are executed according to specific instructions, clearly established, with a high degree of dependency, that require a preferably physical effort and/or care and do not need specific training or adaptation period.

Training: Compulsory secondary education (ESO) or certificate of education or equivalent.

You will understand the categories in the numbers 6 and 10 of the social security contribution bases.

Understand, as a guideline, the following categories:

Operatives:

Helper.

Third Party Professional Professional.

Pawn.

Ordinance.

Doorman.

Tasks:

Examples: In this professional group, all those activities are included as enunciative title, which, by analogy, are comparable to the following:

1. Manual tasks.

2. Elementary operations with simple machines, such as those that do not require specific training and knowledge.

3. Loading and unloading tasks, manuals or with the help of simple mechanical elements.

4. Material supply tasks in the production process.

5. Tasks that consist of performing errands, assignments, manual transportation, carrying, or collecting correspondence.

6. Manual tasks that involve the use and disposal of raw or semi-finished raw materials, as well as the necessary tools in any production process.

7. Tasks of reception, sorting, distribution of goods and genera, without risk of movement of the same.

8. Help tasks in machine-vehicles.

9. Learning tasks consistent with the acquisition of the skills and training required for the performance of a skilled job or job.

10. Agglomerist, chosen and similar tasks that do not have previous experience in companies in the sector during the first two years.

Professional Group 8.

General criteria: In this group, the training contracts and those of those employed and/or under-18s are integrated.

You will understand the categories in the number 11 scale of the social security contribution bases.

The following categories comprise the following categories:

Apprentices.

Aspirants.

Buttons.

Pinches.

CHAPTER V

Functional and geographic mobility

Article 34. Functional mobility.

In the regulation of this matter the rules contained in article 39 of the TRLET will apply.

When the company intends to introduce functional multi-purpose systems other than those set out in this Convention, and which do not fall within the assumptions provided for in Article 39 of the ET, they shall negotiate with the legal representation of workers in the company. In the absence of an agreement, the form provided for in Article 41 of the ET may be carried out.

Article 35. Top group jobs.

For organizational, technical or production reasons, and for a period not exceeding six months in one year or eight months for two years, the worker may be assigned to a post of a higher professional group, receiving while the remuneration for the role it actually plays is in this situation.

After that period the worker may, at his or her own will, continue to carry out these works or return to the post previously occupied. In the first assumption it will automatically ascend.

Article 36. Lower group jobs.

1. The undertaking, where there are technical or organisational reasons to justify it, and for the necessary, transitional or unforeseeable needs, may be used by a worker to carry out tasks corresponding to a professional group lower than his own, or professional category less than his, for the essential time and communicating it as well as the reasons for the same to the legal representatives of the workers, if any, not being able the interested person to refuse to carry out the work (a) to be entrusted, provided that this does not prejudice their vocational training. In this situation, the worker will continue to receive the remuneration which, by his professional group and previous function, corresponds to him.

2. A worker may not be required to carry out work of a lower professional group for more than three months of the year, while all workers in the same functional division of his professional group have not rotated in the performance of such tasks. Failure or force majeure events shall not be considered for the purposes of computation.

3. If the destination of the lower professional group has been requested by the worker himself, the remuneration corresponding to the function actually performed shall be allocated to him, but he may not be required to carry out any work in question. a professional group superior to that for which he is paid.

Article 37. Geographical mobility.

Geographical mobility, within the scope of this General Convention, affects the following cases:

a) Displacements.

b) Transports.

37.1 Displacement: Workers who for economic, technical, organizational or production needs or for hiring referred to the activity of the company and following the instructions of the company travel or displacements to populations other than the radiolabelled of the undertaking or workshop, shall receive compensation for the amount of the allowance laid down in this Convention.

The days of departure will merit the same diet and the arrival days will be reduced by half when the interested party stays at his home, except that he has to perform both meals.

If the work is done so that the worker has to only perform the midday meal out of the usual place, he will receive the average diet.

Back and forth travel will always be on the company's behalf.

If, due to special circumstances, the expenses incurred by the posting exceed the amount of the allowances, the excess must be paid by the company, prior to knowledge of the same and with subsequent justification of the workers.

No right to diet is acquired when the work is carried out in premises belonging to the same industry in which no usual services are provided, if they are not situated at a distance exceeding 15 kilometres of the town where the industry is located. In the case of exceeding this distance, no allowance shall be paid where the locations in which the work is eventually provided shall be the residence of the worker.

37.2 Likewise, the temporary destination of a worker is understood to be a place other than his usual centre of work.

Companies will be able to move their workers to the maximum limit of one year.

Companies shall freely designate workers to be displaced, where the destination does not require overnight stays, or where this circumstance does not last longer than three months.

In cases where the posting requires overnight stays outside the home and lasts longer than three months, the companies will propose the posting to the workers they deem appropriate to carry out the work and in the This procedure does not cover the posts to be provided, it will be made compulsory among those who meet the conditions of professional suitability to occupy the places, observing the following preferences, in order not to be displaced:

a) Legal representatives of workers.

b) Physical and psychic decreases.

Companies wishing to make any of the displacements that force the worker to stay away from their home must be advised against the following deadlines:

Prewarning deadlines (in hours) according to the duration of the offset:

A = Up to 15 days.

B = 16 to 30 days.

C = 30 to 90 days.

D = More than 90 days.

Location:

A

B

C

D

the same province

SP

24

72

130

Within the same Autonomous Community and outside of your province

24

72

72

130

Outside the Autonomous Community and within the Spanish State

72

72

72

130

(SP = No warning.)

In any case, pre-notices must be in writing in case of displacements exceeding 15 days.

The foregoing time limits shall not apply where the movement is motivated by alleged damages, claims or other causes of urgency.

On displacements exceeding three months that do not allow the overnight stay at home, companies and those affected will freely agree on formulas for workers to return to their homes periodically, which may consist of the grant of one-way trips and return in all or part of the weekends, adapting to the working days to facilitate regular visits to their home, concessions of periodic permits, grant of the displacement of their relatives, etc.

In the cases of failure to reach agreement on this matter, the provisions of Article 40.4 of the Workers ' Statute shall be made, with the right to a minimum of 4 working days of stay at their home of origin for each 3 months of posting, without counting as such travel, the costs of which shall be borne by the employer.

By individual agreement, the accumulation of these days may be agreed by adding, even, to annual leave.

In the case of displacement, the right will be generated, in addition to all the economic rewards that you usually receive, to the travel expenses and expenses that you make.

Workers who are displaced outside the national territory will be paid all expenses, such as travel, accommodation and maintenance. They shall also be paid 25% of the value of the diet laid down in this collective agreement, and the payment shall be made in the legal tender of the country in which they are posted; these workers shall also be entitled to a trip to their home origin for every three months of posting, the costs of which shall be borne by the employer.

37.3 Conditions of travel: If as a result of a posting, when the worker can return to stay at his residence, he will employ more than 45 minutes in each of the round trips, using the ordinary means of transport, the excess will be paid to you in proportion to the salary convention, except that at present it already has been consuming more than 45 minutes, in which case you will only be paid the difference on this time.

The posted staff will be linked to the day, work schedule and calendar in force at the arrival center. However, in the event that the working day for the centre of origin is less than that of arrival, the excess shall be paid as overtime which shall not be counted for the limit of the number of hours.

The incidents not referred to in the preceding paragraphs which, as a result of the posting, may occur in respect of hours, time and expenses which are harmful to the worker, shall be assumed by the company.

37.4 Transports: A worker's final membership will be considered as such a worker's final membership of a company other than the one in which he or she was providing services, and which requires a change of his habitual residence.

For economic, technical, organizational or productive reasons that justify it, or for hiring related to the business activity, the company may proceed to transfer its workers to a different job center. of the same with a definitive character.

The shipment must be preceded by a period of consultation with the legal representation of the workers when the assumptions referred to in Article 40.2 of the Workers ' Statute are met.

In the case of shipment, the worker shall be prewarned with, at least 30 days in advance, in writing.

The transfer must be communicated to the employees ' representatives at the same time as the worker concerned. The affected worker will receive a compensatory allowance equivalent to 45% of his gross annual income in ordinary hours at the time of the change of center, 25% of them at the beginning of the 2nd year, and 20% at the beginning of the 3.er year, always on the initial basis.

In this case, the travel expenses of the worker and his/her family, the expenses of moving furniture and goods and five allowances for each person traveling from the family members and living with the displaced person will be accrued.

The transferred worker, when the transfer is effective, and for change of address, shall be entitled to enjoy the paid leave provided for in Annex 0.

Notified of the decision of the transfer, the worker shall be entitled alternately to:

(a) To opt for the shipment by perceiving the compensation for expenses provided for in this Article.

b) To opt for the termination of your contract, by receiving a compensation of 20 days ' salary per year of service, by a percentage of months the periods of time of less than one year and with a maximum of 12 monthly allowances.

(c) If you do not opt for option (b), but disagreeable to the business decision, and without prejudice to the enforceability of the transfer, you may challenge the business decision before the competent jurisdiction.

The assumptions provided for in this Article shall not apply in the case of shipments produced in which one of the following circumstances occurs:

a) Those made within the same municipal term.

(b) Those made less than 35 kilometres from the original centre, for which it was initially contracted, or from which it was subsequently transferred on a definitive basis.

(c) Those made less than 35 kilometres from the place of habitual residence of the worker.

37.5 Voluntary Displacements and Transfers: In the displacements and transfers produced at the request of the worker, as well as in the changes of residence that he voluntarily makes, the compensations and rights regulated in this convention.

37.6 Special assumptions: In terms of geographical mobility, they will not be affected by legal constraints or by what is foreseen in these articles, except in the case of economic compensation that will be the ones that correspond, the workers performing functions in which geographical mobility involves a characteristic characteristic of their function, such as transport, assembly, commercial or similar personnel.

37.7 Other Move assumptions.

1. In the case of relocation of the work centre or an autonomous productive unit of the undertaking exceeding the limits laid down in Article 37.3, the undertaking and representatives of the employees shall be subject to agreement.

2. In other cases of collective transfers, which exceed the limits laid down in Article 37.3, the undertaking and representatives of the employees shall be required to agree, serving as a reference for individual transfers. in this chapter.

CHAPTER VI

Working Time

Article 38. Day.

The duration of the ordinary working day in all areas of this collective agreement shall be 1,752 hours per year, for each of the years of validity of the agreement.

Article 39. Distribution of the day.

1. Companies may distribute the day set out in the previous article, throughout the year by means of uniform or irregular fixing criteria. Affecting the uniformity or irregularity either to the entire template or to different sections or departments, for seasonal periods of the year according to the forecasts of the different workloads and displacements of the demand.

The work schedule will be prepared by December 31.

The distribution of the day taken in the preceding terms must be fixed and published before 31 January of each financial year. However, the company may, for the purposes of the production, readapt, for a single time during the year, the irregular distribution of the day after agreement with the legal representatives of the workers at a time of at least 20 days. This agreement must be reached within 15 days of the date of the undertaking's communication of the need to adapt the irregular distribution of the day. In the event of a disagreement over this period, the proposed by the company shall apply, without prejudice to a subsequent amending agreement, and without prejudice to the possibility of challenging the decision taken before the administrative or judicial bodies. competent. Once such a calendar has been published, any modification to the same schedule shall be carried out in accordance with Articles 34 and 41 of the Staff Regulations except as set out in the fourth paragraph.

The purpose of the above is to be understood as a regular or uniform day that follows from an 8 hour day day distributed from Monday to Friday contemplating in the annual calendar the working days without no case may exceed the maximum annual working day set out in the preceding article.

At the same time a regular or uniform day will be considered the result of the division of the annual day agreed in the preceding article between the working days corresponding to each of the years of validity of the present convention.

2. Where an irregular distribution of the day is carried out by the undertaking, it shall be limited to the following minimum and maximum distribution ceilings: in the case of a daily calculation, no minimum and maximum of 6 to 10 hours may be exceeded; limits may not exceed 30 to 50 hours.

3. The minimum and maximum limits laid down in the preceding paragraph may be amended in the field of enterprise and may be amended in agreement with the legal representatives of the employees.

4. Companies will also be able to extend the ordinary day to a maximum of 175 hours per year. Companies that make use of this option shall be preadvised to workers at a time of not less than five working days.

4 bis. The employer shall have a stock exchange of 5 days or 40 hours per year which may alter the distribution provided for in the annual calendar, always respecting the annual maximum day and in any event the minimum daily periods provided for by the Law, being preceptively communicated at least 5 days in advance to the RLT.

5. According to the legal representatives of the workers, any other system of organisation and distribution of the day other than the regulated one may be established.

It will be possible to agree on a common agreement between the company and the legal representatives of the workers, the possibility of establishing the continuous day during the summer.

6. The irregular distribution of the day shall not affect the remuneration and contributions of the worker.

If as a result of the irregular distribution of the day, at the expiration of his contract the worker would have performed an excess of hours, in relation to those that would correspond to a regular distribution, the excess will be paid in its settlement, according to the value of the extraordinary hour.

Article 40. Holidays.

The annual vacation will be of no less than thirty calendar days, starting, your enjoyment, on a working day. Of those days, at least 22 of them will be working.

The computation for the enjoyment of the holidays will be carried out by natural years. During the first year of service provision, the proportion of the holidays corresponding to the period due before 31 December shall be enjoyed.

When the holiday period laid down in the holiday calendar of the undertaking referred to in the preceding paragraph coincides in time with a temporary incapacity arising from pregnancy, childbirth or natural breastfeeding or in the period of suspension of the contract of employment provided for in Article 48.4 and 48.bis of the ET., the right to enjoy the holiday on a date other than that of the temporary incapacity or the enjoyment of the permit to be granted by application of the said contract It was necessary for the end of the period of suspension, even if the calendar year was over corresponds.

In the event that the holiday period coincides with a temporary incapacity for contingencies other than those mentioned in the preceding paragraph that makes it impossible for the worker to enjoy them, in whole or in part, during the year natural to which the worker is entitled may do so once his incapacity is completed and provided that no more than eighteen months after the end of the year in which they originated.

The same criteria will apply for the termination scenarios for termination of contract.

When the holiday period in the business calendar, it coincides in time with a temporary disability arising from pregnancy, childbirth or natural breastfeeding or with maternity leave you will have the right to enjoy the holidays on a date other than that of the temporary incapacity or the enjoyment of the permit to which it was entitled, at the end of that period, even if the calendar year to which they correspond is completed.

Article 41. Breaks.

The working day set out in Article 38 will be distributed from Monday to Friday, except for companies working in shifts and for maintenance activities. In these undertakings the weekly rest, in general, shall be two consecutive days.

CHAPTER VII

Remuneration, indemnification and supply conditions

Article 42. Economic structure.

The economic remuneration of the workers affected by this Convention shall be made up of salary and non-wage remuneration.

As an annex to this agreement, daily or monthly remuneration is established for each professional group, and annually.

Article 43. Wages.

They are pay salaries for the economic remuneration of workers in money or in kind who receive the professional provision of employment services for an employed person.

1. Concepts comprising salary remuneration.

1.a) Base salary.

2.b) Pay supplements:

Personal.

Consolidated seniority.

Job position.

Quantity or quality of work.

Extraordinary pages.

Convention add-ons.

Overtime.

Plus consolidated agglomerist.

2. Non-wage supplements:

Social Security benefits and allowances, or assimilated to them.

Compensation, compensation or compensation for expenses incurred by the worker for the performance of his or her work, such as tools, work clothes, travel expenses or locomotion, stay, etc., as well as any other of this or similar nature or object.

Severance, displacements, suspensions, or layoffs.

Article 44. Accrual of salary.

The base salary, overtime and holiday pay shall be payable per calendar day and the remainder of the salary allowances per day of effective work, according to the modules and amounts set out in this Convention, and where applicable, in the collective agreements of a company, all in the light of normal activity.

Article 45. Salary payment.

The settlement and payment of the salary will be documented by means of receipts of salaries that will conform to the current rules on the matter, in which all the identification data will be included, according to OM 27-12-1994 and the concepts accrued by the duly specified worker.

The salary will be paid for periods due and monthly, within the first four working days of the month following your accrual.

Companies are entitled to pay back pay and advances by cheque, transfer or other payment method through banking and financial institutions, after communication to the legal representatives of the companies. workers.

The payment or signature of receipts that credit it will be made within the working day.

The worker, and with his authorization his representative, will be entitled to receive, without the day indicated for the payment and for once a month, advance to account of the work already done. The amount of the advance may be up to 90% of the amounts due.

At the time of payment of the salary, or in the case of an advance payment, the worker will sign the corresponding receipt and will be given a copy of the receipt.

Article 46. Base salary.

The salary part of the worker fixed per unit of time without attending to personal circumstances, job position, quantity or quality of work, or periodic maturity exceeding the month.

The amount of the base salary shall be that specified, for each professional group, in the salary table of this agreement, or where applicable, in those established in the business agreements.

Article 47. Ordinary hourly wage.

An ordinary hourly wage is the ratio that is obtained by dividing the annual salary of each corresponding professional group, by the number of annual working hours.

Article 48. Add-ons per job.

These are those wage supplements that the worker must receive on account of the characteristics of the job or the way in which he or she carries out his or her professional activity, which is a different concept of work stream.

Job supplements shall be considered among others for penosity, toxicity, dangerousness or nocturnal.

These add-ons are functional in nature, and their perception depends exclusively on the exercise of the professional activity in the assigned position, so they will not be of a consolidable character.

Article 49. Complement by penalty, toxicity or danger.

1. Workers who have to carry out work which are exceptionally painful, toxic or dangerous, must be paid a 20% increase over their group salary. If these functions are performed during the middle of the day or in less time, the increase will be 15%, applied to the time actually worked.

2. Quantities equal to or greater than the increase fixed in this Article which are established or established by undertakings shall be respected provided that they have been granted by the concepts of exceptional penosity, toxicity or danger, in which case the payment of the increases laid down in this Article shall not be payable. Nor shall they be obliged to satisfy such increases, those undertakings which have them, in the same or higher amounts, in the salary of qualification of the job.

3. If the conditions of exceptional penosity, toxicity or danger disappear for any reason, the abovementioned supplements shall no longer be paid for as a consolidated character.

4. Those collective agreements of origin which, at the time of entry into force, are recognised as a higher increase, will maintain it as a more beneficial condition.

5. Notwithstanding the above paragraphs, in application of the Law on the Prevention of Occupational Risks and the will of the undersigned organizations, the elimination of toxic, painful or dangerous jobs will always be prioritized. hazardous.

Article 50. Tournicity complement.

Those workers who are affected by continuous production processes over the 365 days of the year, and are therefore subject to shifts that involve carrying out their normal activities even on Saturdays and On Sundays, and only in these cases, they will earn a supplement of 15% of their group salary.

Article 51. Complement of Nocturnity.

The hours worked during the period from 22:00 p.m. to 06:00 in the morning will be paid with the supplement called "Nocturnity" whose amount is set at an increase of 20% of the salary group corresponding to the salary tables of this convention.

The Nocturnity complement will be paid in full when the working day and night period are more than four hours of match; if the match is four hours or less than this time, the to pay will be proportional to the number of hours worked during the night time.

Except as set out in the preceding paragraphs, and therefore there shall be no economic compensation in the following cases:

Contracts made for works which by their nature are considered to be nocturnal such as: guards, gatekeepers, serendirers or the like who were hired to carry out their functions during the night.

Staff working in two shifts when the match between the working day and the night time is equal to or less than one hour.

Those collective agreements of origin that at the entry's vigor have recognized a higher increase will maintain it as a more beneficial condition.

Article 52. Add-ons for quality or quantity of work, premiums or incentives.

These are those wage supplements that the worker must receive on the basis of a better quality or greater amount of work, whether or not they are linked to a system of pay for income.

They will no longer be perceived when their non-realization is noted, therefore, not consolidable.

In companies where a production incentive system is implanted or implanted, these add-ons will be settled in conjunction with the salary set per unit of time.

Article 53. Extraordinary rewards.

Extraordinary bonuses are considered, the periodic maturity salary supplements higher than the month.

Lower-scope collective agreements will adapt the structure of those add-ons, according to the following criteria:

There are two extraordinary bonuses with the name of Paga of summer and Christmas pay, which will be paid, respectively, before June 30 and December 20, and will become due to natural semesters, and by each calendar day on which the base salary has been accrued.

Devengo of Pages:

Summer Pay: From January 1 to June 30.

Christmas Pay: From July 1 to December 31.

The amount of such supplements shall be that specified for each of the professional groups in the annexed table, increased in the case where applicable, with the consolidated seniority established in the transitional provision second.

Staff who enter or cease in the company will be made effective the proportional portion of the extraordinary bonuses in accordance with the above criteria, at the time of the liquidation of their assets.

Article 54. Holiday pay.

1. The remuneration to be paid for holidays shall comprise the average of all the salary remuneration received during the calendar quarter immediately preceding the date of enjoyment of the holiday, with the exception of of extraordinary hours and extraordinary rewards.

2. The workers who cease during the course of the year shall be entitled to the amount of the remuneration corresponding to the part of the undertaking in the liquidation which is practised at the time of their absence in the undertaking. holidays accrued and not enjoyed.

3. On the other hand, and, in the case of voluntary cessation, if the worker has enjoyed his holidays, the company may deduct from the liquidation that the part corresponding to the days of excess enjoyed, based on the time of effective work activity during the year.

Article 55. Non-wage supplement.

Non-wage supplements shall be understood as non-wage allowances or compensation for expenses which must be incurred by the worker as a result of his or her work, such as allowances, mileage, allowances, etc.

Article 56. Diets/average diets and mileage.

1. The diet is a concept of an extranalarial accrual, of a compensatory or compensatory nature, and of an irregular nature, which is intended to compensate or compensate for the expenses of living and lodging of the worker consequence of the displacement situation.

2. The worker will receive complete diet when, as a result of the posting, he cannot stay at his usual residence. It shall always be payable per calendar day.

3. An average diet shall be payable where, as a result of the posting, the worker concerned has the need to perform the food outside his habitual residence and is not supplied by the undertaking, and may stay at the residence. The average diet will be earned per day of work.

4. Daily allowances or allowances shall always be paid regardless of the remuneration of the worker.

5. No diet or half-diet shall be payable when the employer arranges and costs the maintenance and accommodation of the posted worker.

6. The amount of the whole diet and the average diet will be fixed in the tables of this Convention.

7. Except for the arrangements provided for in this Article, and for the amounts provided for in the tables of this Convention, the so-called 'field diet', which is intended to compensate the factory workers employed during the season of production, in the field tasks, such as descorche, stacking, refuting, weighing, truckload, etc. The company will pay half a diet, when the worker has to make a meal and does not need to stay outside his home. When the worker has to stay overnight in the field, the company will provide the worker with sufficient habitability and in this case the company will pay the so-called "Field Diet".

8. They shall bear the mileage plus, in the amount set out in the Annex to this text, those workers using the company's mandate, their particular vehicle for the purpose of the undertaking.

Article 57. Supplementary allowances to those of Social Security.

1. Workers affected by this Convention shall be entitled to receive additional compensation for the benefits of social security, in the cases described below:

A) In case of death due to common illness or non-work accident, a monthly salary allowance.

B) In the event of death, Absolute Permanent Incapacity or Great Invalidity, arising from accidents at work or occupational disease, the amount of forty-five thousand euros (45,000 euros), for the entire period of validity of the present convention.

In the case of death, the compensation shall be paid to those who or the deceased worker has declared a beneficiary, and, failing that, to the spouse, children, father, siblings and other legal heirs in that order.

As to the date of the fixing of effects of the causative event, in any event, the date on which the accident occurred in the event of death or the declaration of invalidity by the relevant body of the Social Security.

The date of entry into force in the application of the compensation shall be 30 days after the publication of this Convention in the BOE.

2. Temporary Incapacity Add-ons. The company shall supplement from the first day the salary of the temporary incapacity worker, up to 100% of the temporary incapacity, in the following cases:

(A) Where the temporary incapacity derives from an accident at work or from occupational disease, provided that the rate of absenteeism resulting from IT by accident at work or occupational disease does not exceed 1,75% collectively in the company and 3.75% individually. These percentages will be calculated on the basis of the above absenteeism corresponding to the year immediately preceding and based on the year 2007 as the basis for the year 2006.

These indexes will be published in the company's bulletin board and referred to the Joint Commission during the month of January each calendar year. Failure to comply with this requirement will result in 100% credit without regard to the indices previously expressed until such a requirement is met.

B) Where the temporary incapacity derives from a non-work accident or a common illness, provided that the worker has been hospitalized uninterrupted as a result of such an accident or illness for a period of at least 10 days.

C) When temporary disability is declared at risk during pregnancy.

In any case, the most beneficial conditions derived from the lower-scope conventions of provenance will be respected.

CHAPTER VIII

Professional training

The organizations that are signatories to this Convention are aware of the need to strengthen professional training for the employment of workers in the sector, and agree to incorporate the content of this agreement into the present chapter, as the best way to organise and manage vocational training actions for employment that are promoted.

In this regard, the parties are referred to the provisions of Royal Decree 395/2007 of 23 March 2007 (BOE of 11-4-2007), which regulates the occupational training subsystem for employment.

Article 58. Material scope.

The scope of these rules will be subject to all training plans for workers whose activities are included in the functional scope of the scheme on the basis of Article 1 of the Royal Treaty. Decree 395/2007

Article 59. Initiatives for training

The organisations that are signatories to this agreement, as well as those in the lower areas and companies and workers in the sector will be able to apply for funding for the development of training initiatives. referred to in Article 4 of Royal Decree 395/2007 of 23 March 2007, with the requirements contained in that rule and its development order.

Article 60. Training modalities and individual training permits.

A) Companies may opt for any of the forms referred to in Article 8 of Royal Decree 395/2007 of 23 March 2007.

However, the company must submit to the workers ' legal representation information, and if it does not exist, to the necessary conformity of the workers affected by the training actions that implant, according to the and in the terms of Article 15 Royal Decree 395/2007 of 23 March 2007.

It is understood by individual training permit, in accordance with the provisions of Article 12 (3) of Royal Decree 395/2007, that the company authorizes a worker to carry out a training action which is recognised by official accreditation, including those relating to certificates of professional qualifications which constitute the training offer of the national catalogue of professional qualifications, in order to promote their development professional and personal, and such permits may also be used for access to processes to establish regulatory standards for the recognition, assessment and accreditation of professional skills and qualifications acquired through work experience and other non-formal and informal learning. As a result, the number of hours of leave granted to the worker for training may be compensated by the company in charge of its additional training credit for employment.

In order to be eligible for such individual training permissions, the following requirements must be met, cumulatively:

Employees who provide their services in private companies or public undertakings which are listed in social security as vocational training, and have obtained the concession from the company permission.

May also participate in the training of demand for workers who are subject to employment regulation in their periods of suspension of employment by authorized file, permanent workers in their periods of absence. occupation and workers who have access to unemployment when they are in a training period.

The training referred to in the individual permits must be recognized by an official qualification, or by an official accreditation including those of professional qualifications and certificates of professionalism, as well as that of any other that accredits the powers for the exercise of an occupation or occupation. Official accreditations are those that are provided for in the state regulations and have been issued by the competent administration and published in the corresponding official bulletin. The official qualifications are those degrees that have been issued by any public administration, published in the "Official Gazette of the State" and valid throughout the Spanish state. Also, university courses that have the consideration of their own university degrees by resolution of the governing board or social council of the university concerned are considered.

The refusal of the authorization of the permit by the company must be motivated by organizational or production reasons and will be communicated to the worker.

Training should be aimed at both the development or adaptation of the worker's technical-professional qualifications and their personal training.

Training actions that do not correspond to face-to-face training are excluded from the training permit. However, the in-person portion of those made by the distance mode shall be permitted.

In any case, for the correct interpretation and application of the above criteria, the forecasts referred to in Articles 5 and 12 of Royal Decree 395/2007 of 23 March 2007 shall be taken into account.

Article 61. Sectoral Joint Committee on Training.

A) Constitution.

Under the provisions of Article 35 of Royal Decree 395/2007 of 23 March 2007, the sectoral joint committee on training at the state level, composed of four representatives of the trade union organisations, is established. and four of the business representation signers of this convention.

These organizations will act in the sectoral joint committee through individuals who will hold the representation of those organizations and, on their behalf, exercise the right to vote.

Duration and cessation. The members of the sectoral joint committee shall be represented for the period of validity of this Chapter, and may cease to be responsible for:

a) Free revocation of the organizations that chose them.

b) By resignation or personal decision.

In any of the cases of termination, the replacement of the member of the sectoral joint committee shall be immediately carried out, for which the new designation shall be notified within 15 days of the end of the period. by the appropriate organization.

Social address. The joint commission will have its registered office in the headquarters of the MCA-UGT and FECOMA-CC.OO. Avenida de América, 25 5. th floor 28002 of Madrid and Calle Cristino Martos, 4 4. th plant 28015 of Madrid, being able to move its home to any other, the agreement of the parties being sufficient to do so.

Permanent Secretariat. There shall be a permanent secretariat which shall be responsible for the administrative functions of an organ of this nature, the address of which shall be that specified in the preceding paragraph. In particular, the functions of this secretariat will be as follows:

a) Call the parties at least seven days in advance.

b) Give input and distribute to the members of the commission the requests and queries received.

c) Take the record of approved minutes and free certification of their agreements.

d) How many others are entrusted to them by agreement of the sectoral joint commission, for their best functioning.

Meetings of the sectoral joint committee. The sectoral joint committee shall meet at the head office of the sector, on an ordinary basis once each quarter and, on an extraordinary basis, at the request of one of the parties.

For each meeting the organizations will elect from among their members a moderator.

The secretary shall draw up the minutes of the adopted agreements.

The calls of the sectoral joint committee will be carried out by the permanent secretariat of the commission. Calls shall be made by means of certified letters, telefax or any other means by which the sending and receipt of such letters shall be provided, seven days, at least in advance of the meeting.

Meetings that are of an urgent nature may be convened at least forty-eight hours in advance. The call shall include the day, time and place of the meeting, as well as the issues to be addressed.

In the first call, the sectoral joint committee will be validly constituted when the meeting, present or represented, is attended by three quarters of the total members of each of the representations.

On second call, which will be held automatically half an hour after the first call. Personal assistance or representation shall be sufficient, of the half plus one of the members of each of the representations.

Representation may only be conferred on another member of the sectoral joint committee and must be made in writing.

Adoption of agreements. The decisions of this Joint Committee shall be taken jointly by both parties (business and trade unions), requiring, in any event, the favourable vote of the majority of each of the two representations. Such agreements shall not be effective until the approval of the minutes in which they are recorded.

B) Functions.

The sectoral joint committee will have, among other functions:

(a) To intervene in the event of discrepancies arising in relation to the provisions of Article 15 (5) of Royal Decree 3957/2007 of 23 March 2007.

(b) Know the vocational training for employment that is carried out in their respective fields.

c) Setting out guidance criteria and the overall priorities of the sectoral training offer for workers.

d) Participate in and collaborate in sectoral activities, studies or research and make proposals in relation to the national system of vocational training classifications and national reference centres corresponding to their respective areas.

e) Develop an annual memory on the training corresponding to its scopes.

f) Meeting the group of companies in their sector provided for in Article 16.2.

g) Cuestuas others that are attributed to you by the development regulations of this Royal Decree.

(h) The sectoral training committee is hereby authorised to provide the necessary rules to ensure the optimal management of resources for vocational training in the sector.

Article 62. Of the times employed in continuous training.

For workers attending in-person training, 50% of the hours required for this action will be within the working day, or will be deducted from the work day, provided the following are given the following: conditions:

The company may refuse the assistance of a worker to a training action, by means of a reasoned decision, for technical, organizational or production reasons.

In the event of a refusal, the worker may refer to the sectoral joint committee for mediation in the resolution of the conflict.

50% of the company's hours will be an annual maximum of 30 hours per employee, and may be distributed in one or more training actions.

The requesting worker must have passed the test period and must have, in any case, a minimum of one month in the company.

During the training hours in charge of the company, the worker will be entitled to the salary that would correspond to him as if he were working in ordinary time.

The worker will have to accredit to the company the assistance to the corresponding training action.

Article 63. Of the resources for training.

The application of the provisions of this chapter on vocational training for employment is subject to the availability of budgetary resources.

CHAPTER IX

Permissions, licenses, and exceed

Article 64. Permissions and licenses.

The worker, upon notice and justification, may be absent from work, for the time and under the conditions set out in Annex 0, a permit and license table.

The notice shall always be mandatory, except in exceptional cases and unforeseeable situations which do not allow the absence of a warning, in which case it shall be sufficiently demonstrated.

The effects of permits and licenses will be extended to the de facto couples as long as they are registered in the corresponding official register.

Paternity: In the cases of child birth, adoption or acceptance, the worker shall be entitled to the suspension of the contract for 13 uninterrupted days, which may be extended in the course of delivery, adoption or multiple accommodation. in two more days for each child from the second. The worker must inform the employer of the exercise of this right in advance of 15 days.

Breastfeeding: Workers, who are breastfeeding for a child under nine months of age, will be entitled to an hour of absence from work, which may be divided into two fractions. The duration of the permit will be increased proportionally in multiple birth cases. Those who exercise this right, of their own accord, may replace it with a reduction of half an hour in their normal working day for the same purpose or accumulate in full days. In the latter case the number of days to enjoy, for the total accumulation will be 12 days of work.

Article 65. Forced leave.

Enforced leave will be granted by appointment or election for a public or union office that makes it impossible for work to be attended, and will give rise to the right to job retention. Reentry will be requested within the month following the end of the public or union charge, this right being lost if this deadline is passed.

Article 66. Voluntary leave.

1. The worker with at least one seniority in the one-year-old company is entitled to be recognised as being on a voluntary basis for a period of not less than 4 months and no longer than five months. This right may only be exercised by the same worker again if four years have elapsed since the end of the previous leave.

The surplus worker retains only a right of preference for reentry in vacancies of equal or similar category to his or her which would have been or were to be produced in the company, provided that he so requests with at least one month's notice to the term of the surplus.

2. Workers shall be entitled to a period of leave of absence of not more than three years in order to take care of the care of each child, either by nature or by adoption or in the case of a reception. provisional, both permanent and pre-adopted, from the date of birth or, where appropriate, from the judicial or administrative decision.

They will also be entitled to a period of leave of absence, lasting no more than two years, workers to care for the care of a family member, to the second degree of consanguinity or affinity, which for reasons of age, accident, disease or disability cannot be used by itself, and does not carry out paid activity.

The excess referred to in this paragraph for which the period of duration may be enjoyed in a split form constitutes an individual right of workers, men or women. However, if two or more employees of the same undertaking generate this right by the same deceased person, the employer may limit his or her simultaneous exercise for justified reasons of operation of the undertaking.

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

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

However, when the worker is part of a family that has officially recognized the status of a large family, the reserve of his or her job will be extended to a maximum of 15 months in the case of a family. a large category, and up to a maximum of 18 months if it is a special category.

Article 67. Common provisions for surplus products.

1. In excess of the time of the contract, the duration of the contract shall not be altered by the situation of the worker's surplus, and in the case of arriving at the end of the contract during the course of the contract, The contract shall be terminated by the end of the period of 15 days, unless otherwise agreed.

The failure to comply with the notice period by the employer shall mean exclusively the obligation to compensate the worker financially in the amount of the days of lack of notice, at the time of its liquidation.

2. During the period of leave, the worker, in no case, may provide services which involve unfair competition in relation to the undertaking. If it did, it would automatically lose its re-entry right.

CHAPTER X

Disciplinary regime

Article 68. Fouls and penalties.

Any action or omission from which the worker is responsible shall be deemed to be a non-work, occurring on the occasion or as a result of the employment relationship and constituting a serious and guilty breach of his or her obligations.

The faults will be graduated according to their importance, transcendence, willfulness and malice in their commission, in: mild, severe and very serious.

Article 69. Minor fouls.

1. The faults of punctuality in the attendance at work, without justified cause, of one to four faults in the period of one month or thirty calendar days.

2. Do not take appropriate communication at the appropriate time, when the work is missing for justified reasons, unless it is proved impossible to do so.

3. The abandonment or absence of the job, without prior notice or authorization, even if for a short time. If, as a result of this, any injury to the undertaking or cause of accident to the co-workers is caused, it shall be regarded as serious or very serious.

4. Small oversights in the preservation of the material, machinery, tools and facilities, except that this has an impact on the service's good progress, in which case it may be considered to be serious or very serious.

5. Do not attend to the public with due diligence and correction.

6. Do not inform the company of the address changes.

7. Discussions about foreign affairs to work within the company's dependencies or during any act of service. If it occurs with notorious scandal they can be considered serious or very serious.

8. Failure to comply with the rules on safety and hygiene at work or occupational health, which do not pose a serious risk to the worker or to his or her co-workers or third parties, given that these circumstances will be considered as severe or very severe as the case may be.

9. The occasional drunkenness.

10. Changing, looking at or revolver the lockers, lockers or personal effects of co-workers, without the proper authorization of the stakeholders.

Article 70. Serious fouls.

1. Allege false reasons for obtaining licenses or permissions.

2. Stay in areas or places other than those where you are required to do your usual work without causing it to be justified or not authorized for this purpose.

3. Find yourself at the job site, outside of the work hours.

4. More than four unjustified errors of punctuality in the attendance at work, for one month or thirty calendar days, two faults are enough if it hurts another worker.

5. Missing work from one to three days for the period of one month, without justified cause. If the fault is one day, the penalty will be imposed in its lower third (from 1 to 6 days of suspension), if two days are missing, in its middle third (from 7 to 13 days of suspension), and if three days are missing, in its top third (14 to 20 days).

6. Do not communicate with due diligence any family changes that may affect administrative processes or social benefits. If you mediate any malice it will be considered very serious.

7. Simulate the presence of another worker in the company by any means.

8. The negligence in the work that affects the good march of the same.

9. The imprudence at work, which, if there is a risk of accident to the worker or others, or a danger of damage to machinery, tools or installations, may be considered very serious.

10. Repeated attendance at work in a state of drunkenness or drug addiction.

11. The recidivism in a minor lack within a quarter, when there is a written penalty from the company.

12. Do not warn and adequately instruct other workers on whom they have any authority or command of the risk of the job to be executed and of the possible way to avoid it.

13. Transit or permit transit through dangerous places or areas carrying ignition tools, as well as places exposed to the risk of fire.

14. The lack of professional secrecy divulging data, reports, or records that may cause injury of any kind to the company.

15. Any misrepresentation or deliberate inaccuracy in the working parties or documents, or the refusal to formalize them, as well as providing false information to the Company's Directorate, or to its superiors in connection with the work.

16. The unjustified delegation of functions or jobs in lower-level or unskilled personnel for their performance.

17. Acceptance of gifts or gifts for dispensing treatment of favor in the service.

18. The voluntary decrease in the performance of normal work.

19. Simulation of assumptions of temporary disability or accident.

20. Do not report with due diligence to their bosses, the employer, or to whom they represent it of any anomaly that they observe in the facilities and other tools, tools, machinery and materials.

21. Neglect of importance in the conservation, cleaning or use of materials, machines, tools and facilities that the worker uses.

22. Use the telephone of the company or the telematic lines of communication, internet or e-mail, for particular matters, without authorization. The use of such means, for the legal representatives of workers in the exercise of their representation functions, is expressly permitted.

23. Make use of the mobile phone during the working day, without prior express permission and for each specific case.

24. The use of radio or music players with headphones in the ear.

Article 71. Very serious fouls.

1. Continued or persistent disobedience at work.

2. More than ten unjustified errors of punctuality in work attendance, committed over a period of three months or 20 for six months.

3. Fraud, disloyalty, or breach of trust in the management of the company, as well as theft or theft from both the company and the co-workers or the third person, within the company's premises or during the development of the company professional activity.

4. Perform, without appropriate permission, particular jobs during the working day, as well as use useful tools or materials for their own use.

5. Maliciously, make it disappear, disable, destroy or cause damage to materials, tools, tools, appliances, installations, vehicles, buildings, belongings and even company documents.

6. Conviction for a firm sentence for crimes of theft, theft, rape or sexual abuse, as well as any other offence that may involve a lack of confidence in the company in relation to its author, even if they have been committed outside the company.

7. The usual drunkenness or drug addiction during work that has a negative impact on the job.

8. Violate the secret of the company's correspondence or reserved documents.

9. Reveal to the company foreign elements of this required reserve.

10. Engage in professional activities, on their own, in companies of the competition, without the appropriate and express authorization.

11. Ill-treatment of words or deeds or serious misconduct of respect and consideration to superiors, companions or subordinates.

12. The recklessness, negligence or non-compliance with the rules or orders on safety and hygiene at work, where there is a serious risk to workers or damage to the facilities.

13. Causing serious accidents through negligence, carelessness or inexcusable recklessness or serious danger to businesses.

14. The non-use of the means or materials to prevent the risk of accidents at work, provided by the company.

15. Leaving the job in charge of responsibility or when it will cause serious harm to the production process, material deterioration or serious danger to people.

16. Voluntary and continuous decline in normal or agreed performance.

17. The recurrence of serious misconduct, even if it is of a different nature, within a period of six months, provided that it has been the subject of a written penalty.

18. Failure to attend work not justified for more than three days, in the period of one month or 30 calendar days.

19. The commission of repeated and intentional errors, which may cause damage to the company.

20. Malicious or inexcusable negligence, misreporting, or knowing that they are not accurate.

21. Smoking in areas or premises of the undertaking, which are not expressly authorised to do so.

Article 72. Graduation of sanctions.

1. The penalties imposed by the companies in each case shall be graduated according to the seriousness of the misconduct, and may be as follows:

For minor faults:

Verbal admonition.

Written admonition.

For severe faults:

Suspension of employment and salary from 1 to 20 days.

For very serious faults:

Suspension of employment and salary from 21 to 90 days.

Firing.

2. For the application and graduation of the penalties provided for in point 1, it shall be taken into account:

a) The highest or lowest degree of responsibility of the fault.

b) The professional category of the same.

c) The impact of the event on other workers and on the company.

3. Prior to the imposition of penalties for serious or very serious misconduct for workers who have the status of a legal or trade union representative, they will be instructed to do so by the company, in which they will be heard. of the person concerned, the other members of the representation to which he belongs, if any.

The obligation to instruct the contradictory file referred to above extends until the year following the cessation in the representative office.

4. In cases where the company intends to impose a penalty on workers affiliated to a trade union, it must, prior to the imposition of such a measure, give the trade union delegates a hearing.

5. Compliance with the penalties imposed in respect of the offences provided for in Articles 710. 10 and 71.7. of this Convention shall be suspended, where the worker accredits the assistance and follow-up to rehabilitation therapy to a centre. officially enabled for the treatment and cure of alcoholism and drug addiction. This suspension of the enforcement of the sanction will be lifted, if the rehabilitation program will be abandoned or not completed. In no case will the compliance of the sanction be suspended, in cases of recidivism in the same fault.

CHAPTER XI

Safety and Health at Work

Article 73. Explanatory statement.

The parties to this Convention are aware of the need to carry out an operational policy in the prevention of occupational risks, to take the necessary measures to eliminate the risks and accidents in enterprises, the promotion of information to workers, training for workers and especially their representatives.

The integration of prevention at all hierarchical levels of the company implies the attribution to all of them and the assumption by them of the obligation to include the prevention of risks in any activity they perform or order, and in the decisions they make in all areas and productive processes.

Therefore, we understand the need for the improvement and adaptation of the LPRL and the regulations that extend it to the specific circumstances of the companies covered by this agreement.

Article 74. Joint Committee on Safety and Health at Work.

The Joint Committee on Safety and Health at the State level will be composed of four representatives of the trade union organisations (FECOMA-CC.OO. and MCA-UGT) and four of the business representatives. (AECORK) signatories to this Convention.

Your functions will be as follows:

Interpretation and monitoring of compliance and interpreting the contents of this chapter.

To carry out studies, analysis and diagnosis of working conditions, health damage, and implementation of preventive activity and management in the sector. It may also make proposals for action on the conclusions resulting from it.

Develop proposals, develop and manage projects or sectoral actions before public or private institutions and foundations.

Mediate in companies, upon request of the parties, regarding safety and health at work.

Any others are considered by the Commission's own agreement.

For the best development of the intended activities the parties may designate the advisors they deem necessary.

Article 75. Planning for preventive action.

The entrepreneur will develop a permanent action on the prevention of occupational risks, subject to the following procedure:

1. Risk identification.

2. Removing them.

3. Assessment of persistent risks.

4. Planning for preventive activity.

The employer will carry out periodic checks on the working conditions and the activity of the workers in order to monitor the adequacy of the actions provided for in the Plan for the Prevention of Occupational Risks and for detect potentially dangerous new situations.

Prevention delegates will be informed prior to the completion of the above controls.

The planning of the preventive activity should include the relevant requirements as set out in the current implementing legislation in such a way as to show:

a) That the prevention of occupational risks has been integrated into the general management system of the company, both in the whole of its activities and in all the hierarchical levels of the company.

b) That the hazards and risks posed by workers in the workplace have been identified and assessed, both in relation to work equipment and the workplace environment.

(c) That the design and use of the equipment and workplaces are safe, in accordance with the principles of preventive action laid down in Article 15 of the LPRL.

d) That appropriate management and maintenance of work equipment have been planned to ensure that security is not degraded.

e) That emergency and health surveillance measures, as provided for in Articles 20 and 22 of the LPRL, have been integrated into preventive activity.

f) The conditions, organization, working methods, and health status of workers are regularly monitored.

g) That training, information, consultation and adequate participation of staff, in the field of safety and health, have been planned and planned.

h) That the necessary measures are planned to ensure the coordination of business activities in the workplace.

i) That appropriate measures have been envisaged to eliminate hazards and minimise risks, in order to achieve the objectives set by labour law.

j) That the structure, dedication of personnel, means of the prevention organs and the economic means are adequate and sufficient for the preventive activity.

In any case, the Plan will have to record all the safety and health incidents that occur in the life of the company, as well as the periodic controls of the working conditions and the activity of the workers, safety and health measures, and the results of evaluations or audits of the management system for the prevention of occupational risks.

All approved preventive activities should incorporate the deadline for carrying out the preventive activity and the provisional risk control measures. If the period for which the planning is to be carried out covers more than one year, an annual planning shall be carried out.

Any job at risk of exposure to chemical or physical agents, such as heat, dust, toxic, noise, loads, etc., should be assessed having previously been informed to the prevention delegates to provide them with their presence when the environmental limit value is not exceeded, the employer shall be obliged to deliver the personal protective equipment to those workers who so request.

Article 76. Information.

Information about the general risks, those inherent in the workplace and the applicable protection and prevention measures, will be carried out with the contents of the risk assessments, in written form each worker and brought to the attention of the representation of the workers. It will be done during the working day and in any case at work hours.

Article 77. Emergency measures.

Companies in the sector have an obligation to have an emergency system in place: fire, evacuation and first aid, with the designated personnel, trained and with the necessary resources to respond to them. contingencies, taking into account the possible presence of personnel from other companies and others and being documented in the Prevention Plan.

The designation of workers affected by this measure must be consulted with the workers ' representatives or directly with the workers concerned in the absence of such representation.

Article 78. Serious and imminent risk.

In the event that a company intends to sanction a worker for the cessation of work based on the assessment of serious and imminent risk, it will proceed to the opening of the contradictory file in which it will be In addition to the person concerned, the members of the legal representation of the workers and the Committee on Safety and Health or the Prevention Delegate where appropriate.

Article 79. Special situations of risk.

Protection of the working woman: When the change of job referred to in Article 24 of the LPRL is not technically or objectively possible or cannot reasonably be required for justified reasons, the You will be able to apply for the suspension of your employment contract, subject to the post and apply for the economic benefit of Social Security.

Protection of workers sensitive to certain risks: When a worker is considered particularly sensitive to certain risks of his or her job, and there is no equivalent position exempt from exposure to such risks, the worker must be assigned to a post not corresponding to his/her group, compatible with his/her health status, but shall retain at least the right to the set of remuneration of his/her post of origin.

Article 80. Health surveillance.

Workers covered by this Convention shall be entitled to a supervision of their health, which is carried out by the undertaking, aimed at early detection of any damage caused by the risks of exposure. The medical tests, linked to the risk assessment, will therefore be specific to the detection of possible health changes. The implementation of one-off activities of deepening, in the form of medical examinations, will be protocolized and in any case will be related to the work done.

A specific initial and appropriate medical recognition will be performed with the job to be performed. Medical examinations shall also be carried out on an annual basis unless the worker resigns.

The Ministry of Health and Consumer Affairs has recognized as sectoral medical protocols that are required by the Ministry of Health and Consumer Affairs.

The result of the review will be notified in writing to the worker. The medical examinations shall be considered as working time, in the case of being a shift or night worker this time shall be carried out at the working day of the day after the day of recognition.

A medical-work history will be made for each worker. When the employment relationship is completed, the latter shall be required by the Prevention Service to give him a copy of his medical-work history referred to in Article 37.3 (c) of RD 39/1997 of 17 January 1997 approving the Regulation of the Prevention Services.

When the duration of the work contract is less than one year the delivery of the medical-work history will be performed upon request of the worker affected by the extinction.

Medical survey data shall ensure the confidentiality of workers and shall be developed in the form of statistics for the knowledge of the Safety and Health Committee or Prevention Delegates.

Article 81. Workwear.

All workers will have suits appropriate to the weather conditions with the corresponding spare garments, which will be replaced by new ones when necessary. The involuntary deterioration of these garments due to their own work will lead to immediate replacement. New incorporation workers will be given a minimum of two sets of full garments.

Water and moisture protection, when the shape of work and circumstances so require, will be done by high rubber safety boots and waterproof clothing. In the case of work carried out abroad, and on which the weather conditions are affected, the undertakings shall provide the workers concerned with appropriate clothing.

Working clothes should be consulted before in the Safety and Health Committee so that they are chosen to respect the safety and health measures as well as their best adaptation to each position.

Article 82. Safety and health committee.

In the documentation referred to in Article 23 of the LPRL, the decisions of the Committee on Health and Safety with its date, scope of action and time of implementation, as well as the decisions of the Committee on Health and Safety, shall be attached. comments that the employees ' representatives consider appropriate.

The meetings of the Safety and Health Committee shall be held on a monthly basis and exceptionally in the event of serious events within 24 hours at the request of any of the parties that constitute it. In the workplace where there is no obligation to constitute a safety and health committee, regular monthly meetings with the prevention officer shall be scheduled.

The components of the prevention service, as well as the people who regularly perform their work in this field including the medical staff, will be able to attend the meetings of this body with the object of the advisory. technically to the Committee.

Article 83. Prevention delegates.

The employer will ensure that prevention delegates have a qualification comparable to the basic level in the prevention of occupational risks as provided for in the Prevention Services Regulation, in addition to the corresponds to your job position.

The prevention delegates will have the same credit schedule as the legal representatives of the workers to carry out their inherent activities in the workplace, which time can be accumulated at the request of the delegates for the implementation of training courses in the field of prevention and the environment.

In any case, the prevention delegates of the company holding the centre will attend, and raise with the employer, all the requests, suggestions or demands on prevention expressed by the workers of the non-concurrent undertakings where they are not legally represented or a proxy for prevention in such a centre.

Prevention delegates must have the status of workers ' representatives, unless, by majority agreement of those representatives, they choose the worker they consider best suited to the performance of the workers. functions linked to the prevention of occupational risks.

Prevention delegates will have the added powers of the environment, which should be provided with information:

Of the anomalous situations that occur related to the environment, including the periodic environmental data that is required for the analysis of such anomalies.

Of the measures that are taken to resolve these failures.

Of the agreements and decisions that the competent authorities adopt with respect to the work center related to these aspects, as well as the effects and measures to be implemented at any time.

Regional, national or community legislative development on the environment.

The representation of workers will be able to propose initiatives aimed at improving the environmental situation.

Specific training programmes will be set up for these subjects which will enable better knowledge of environmental problems.

Business commitment to use environmental management systems, to manage environmental processes, and to ensure sustainable environmental protection.

Article 84. Training.

Appropriate in the field of this Convention are defined in accordance with Article 19 of the LPRL the theoretical and practical training programmes for each trade and post, the design and content of which will be developed by the Commission. Health and Safety Joint Committee in accordance with the provisions of Article 1 of this Chapter. In particular they are defined:

(a) Initial training whose duration shall be at least 3 hours, to be collected from among others:

Basic concepts about the elementary organization of prevention.

Elementary preventive techniques on generic risks and prevention of these.

First aid and emergency plans.

Emergency plans.

Rights of participation, information, consultation and proposal.

(b) Specific training for all workers whose duration will be at least 3 hours per year:

Preventative techniques of trade and function.

Media, equipment, and tools.

Interference in activities.

Rights and obligations.

Analysis of the accidents produced in the previous year.

(c) Preventive training of designated workers, prevention staff and intermediate managers:

For these collectives the company will ensure that they have training equivalent to that indicated for the entry level in Annex IV of RD 39/1997.

(d) Training for employers who take on themselves the preventive activity or preventive resources whose presence is permanently required in the workplace:

Training for these collectives will be indicated for the entry level in Annex IV of RD 39/1997.

Migrant workers will receive training in a language and form that is understandable to them, and they will also be found to have assimilated such training.

Prevention training will be accredited by the Joint Health and Safety Commission so as to identify the workers who have received it, and not to duplicate it, even if they change business as long as they are both are covered by this collective agreement.

TITLE II

From the collective representation of workers

Article 85. Company committees and staff delegates.

The Business Committee and Staff Delegates will have the right to receive the information, to issue reports and to exercise the oversight work on the matters expressly provided for by the existing legal norms. They shall also enjoy the guarantees in disciplinary matters, non-discrimination, the exercise of freedom of expression and the provision of time-credits provided for in the legislation in force.

Article 86. Union-candidate elections.

Workers who are 18 years of age and a minimum of 3 months in the company, provided they have passed the test period, will be eligible in the elections for workers ' representatives as expected. in Section 2, Article 69 et seq. of the Staff Regulations.

Article 87. Credit schedule.

1. Members of the Business Committee and Staff Delegates shall have a credit of paid monthly hours in accordance with the following scale:

Centers up to 50 workers: 20 hours.

Centers from 51 to 250 workers: 25 hours.

Centers from 251 to 500 workers: 35 hours.

Centers from 501 workers: 40 hours.

2. The use of the credit of paid monthly hours referred to in the preceding paragraph shall be made in advance by the worker concerned or by the trade union or body concerned in good time. In any case, in the use of the credit of paid monthly hours, for activities scheduled by the union, the notice will be sought to be carried out 48 hours in advance.

3. The credit of paid monthly hours of the members of the Business Committee or Staff Delegates may be cumulative to any of its components of the same union.

4. They shall not be accounted for within the hours of the hours referred to above, the time spent in meetings convened by the management of the undertaking. In addition, it shall not be taken into account within the credit of hours used for the designation as components of the Negotiating or Joint Committee of Collective Agreements or of the displacements to attend such meetings, when the company is affected by the scope of that convention.

The credit of hours fixed may also be used for the assistance of legal representatives of workers to training courses and other similar union activities, determined by the union to which they belong, subject to the appropriate call and subsequent justification for assistance.

5. Representatives of trade union workers and delegates, during the performance of their representation duties, shall receive the remuneration concepts set out in Annex I to this Convention.

Article 88. Right of Meeting.

1. Workers in a company or working centre have the right to meet in an assembly, which may be convened by staff members, a business committee or a working centre or by a number of employees not less than thirty-three per cent. of the template. The assembly shall be chaired, in any case, by the business committee or by the staff delegates, jointly, who will be responsible for their normal development, as well as the presence in the assembly of persons not belonging to the company. Only cases which have previously been included on the agenda may be dealt with in this case.

2. The presidency of the assembly shall communicate to the management of the company the call and the names of the persons not belonging to the company that will attend the assembly and will agree with this the necessary measures to avoid disturbances in normal work activity. Where, in any event, the entire establishment cannot be held simultaneously without disturbing or altering the normal production development, the various partial meetings to be held shall be regarded as one and the same date. on the day of the first.

3. The assemblies shall be held outside the working hours. The holding of the assembly shall be brought to the attention of the management of the undertaking at least 48 hours in advance, indicating the order of the day, persons holding the presidency and the foreseeable duration.

Of the unions

Article 89. Union delegate.

1. In those working or business centers with a workforce of more than 200 workers, the union representation will be held by a delegate, in accordance with the terms of Article 10 of the Organic Law 11/1985.

The union which claims to have the right to be represented by personal ownership in any company must prove to it in a feisty manner, recognizing that, the delegated act is followed, from the union representative to all intents and purposes.

Trade union delegates shall have the powers, guarantees and functions recognised in the laws or rules that develop them.

2. The union delegate shall be the worker who shall be appointed in accordance with the statutes of the union or central to whom he represents and shall have the following functions recognized:

Raise fees and distribute union information, outside of business hours, and without disrupting the business's normal activity.

Represent and defend the interests of the union to whom it represents and its members, in the workplace, and serve as an instrument of communication between the union or the trade union and the management of the company.

Attend the meetings of the Business Committee of the Work Center and Committee on Safety and Hygiene at Work with Voice and No Vote.

Having access to the same information and documentation as the company makes available to the Business Committee, representing the same guarantees as recognized by law and this agreement to the members of the Business Committee, and being obliged to keep professional secrecy in all the materials in which it is legally applicable.

It will be informed and heard by the management of the company in the treatment of those problems of a collective nature that affect, in general, the workers of its center of work, and particularly the members of its union work on that center.

The union delegate will have his duties to perform the union functions that are his own, adjusting, in any case, his conduct to the current legal regulations.

3. The union sections of the most representative trade unions will be entitled to the use of a suitable premises, in which they can develop their activities, in those workplaces with more than 200 workers.

Participation in the negotiations of collective agreements: To the union delegates who participate in the negotiating commissions of collective agreements, maintaining their relationship as workers of some company, they shall be granted paid leave by them in order to facilitate their work as negotiators and during the course of the above negotiation, provided that the undertaking is directly affected by the collective agreement in question.

Meet, outside of business hours and without disrupting the business ' normal activity, with workers from this company who are affiliated with your union.

Insert statements in the bulletin boards, provided for this purpose, that may interest the members of the union and the workers of the center.

Trade union delegates, provided they are not part of the Business Committee, shall have a credit of paid monthly hours, in equal terms and content as those referred to in Article 12.2 of this Convention.

Article 90. Union quota.

In the workplace, at the request made in writing by each of the workers affiliated to the central or legally constituted unions, the companies will discount, on the monthly payroll to these workers the amount of the corresponding union fee.

The payment of the amount collected by the company will be made effective, for months due, to the corresponding union, by means of transfer to your bank account.

Companies shall carry out the following actions, unless otherwise specified, for periods of one year.

The worker may, at any time, cancel the granted authorization in writing.

Article 91. Trade union surpluses.

The four-month-old staff who exercises or is called to take a trade union position in the provincial, regional or national governing bodies of a trade union centre will be entitled to a forced leave of absence. time to last the charge that determines it.

In order to access the worker to such leave, he must accompany the written communication to the company, the certificate of the corresponding trade union centre in which the appointment of the union office of government for which has been chosen.

The forced surplus worker has an obligation to communicate to the company, within a period not exceeding the month, the disappearance of the circumstances that led to his or her leave of absence. upon re-entry.

Reentry will be automatic and compulsory and the worker will have the right to occupy a place of the same group or level, place and place of work that he will hold before the forced leave occurs.

The time of excess will be computed as a stay at the company's service.

TITLE III

Extra-judicial voluntary procedures for solving collective conflicts.

Article 92. Collective conflicts.

The signatory parties to this Convention consider it necessary to establish voluntary procedures for the settlement of collective conflicts.

They may be subject to voluntary dispute settlement procedures, disputes or labour disputes involving a plurality of workers, or in which the interpretation, which is the subject of divergence, it affects collective interests. They will also have the character of collective conflicts which, however promoted by an individual worker, their solution is extensible or generalizable to a group of workers.

Voluntary procedures for the solution of collective conflicts will have to be promoted through the Employers ' Associations and Central Trade Unions which are signatories to this General Collective Agreement and will understand following procedure alternatives:

1. Third Interpretation provided within the Joint Joint Committee.

Such a resolution shall be in accordance with the provisions of Chapter III of this Convention.

2. Mation.

3. Arbitration.

Article 93. Mediation.

The mediation procedure shall not be subject to any pre-established processing, except the designation of the mediator and the formalization of the agreement that, if any, is reached.

The mediation procedure will be voluntary and will require agreement of the parties, which will record the content of the divergences, designating the mediator, and pointing out the management or management of the function. A copy shall be forwarded to the Joint Joint Committee.

The appointment of the mediator shall be mutually agreed by the parties, preferably among the experts included in the lists approved by the Joint Joint Committee.

The Commission shall communicate the appointment to the mediator, and shall also notify the mediator of any such extremes as are necessary for the performance of his duties.

Without prejudice to the above paragraphs, either party may address the Joint Joint Committee, requesting its good offices to promote mediation. This proposal will be made by the Joint Joint Committee, which will address the parties to the conflict by offering them mediation.

In the absence of such a request, where there are reasonable grounds for doing so, the Joint Joint Committee may, acting unanimously, agree to address the parties urging them to request the settlement of the dispute through mediation.

The solution proposals offered by the mediator to the parties may be freely accepted or rejected by the parties. In the event of acceptance, the agreement achieved shall have the same effectiveness as the collective agreement.

This agreement shall be formalised in writing, being submitted to the competent labour authority, for the purposes and within the time limit laid down in Article 90 of the Staff Regulations.

Article 94. Arbitration.

By means of the arbitration procedure, the parties to the conflict voluntarily agree to entrust a third party and to accept in advance the solution that is dictated by their differences.

The agreement of the parties to the arbitration shall be formalized in writing, shall be referred to as an arbitration undertaking and shall consist of at least the following:

Name of the appointed arbitrator or arbitrators.

Issues that are subject to an arbitration award and, where appropriate, criteria that are considered to be observed by common agreement, as well as the time limit for the decision.

Date and signature of the parties.

From this agreement, copies of the arbitration will be made to the Joint Joint Commission and, for the purposes of constancy and publicity, to the competent Labour Authority.

The appointment of the arbitrator or arbitrators shall be free and shall be subject to impartial experts. The appointment will be carried out in the same way as the one indicated for the mediators in the preceding article of this collective agreement.

The arbitral resolution shall be binding and immediately enforceable and shall, in a reasoned manner, resolve any and all issues set out in the arbitration agreement. The arbitral award shall be notified within 10 working days of the appointment of the arbitrator. Exceptionally, and, in the light of the difficulties of the conflict and its importance, that period may be extended, and in any event the award shall be made before 30 working days; it shall also be notified to the Joint Committee. Peer and the competent Labour Authority.

The award issued may be challenged before the Social Jurisdiction, as appropriate.

The challenge of the award may be based on:

Excess as to the limits and points that the parties have submitted to arbitration.

Violation by the content of the award of some necessary rules of law.

Breach of the criteria considered by the parties and transferred at the time to the arbitrator for the resolution of the arbitration.

The resolution shall be the subject of deposit, registration and publication in the same way as those provided for in Article 90 of the Staff Regulations.

The arbitration resolution shall have the same effectiveness as the agreement in the collective agreement.

Article 95. Common provisions of mediation and arbitration.

Once the preceding mediation or arbitration commitment has been formalized, the parties shall refrain from any other proceedings on the matter or issues subject to them.

When a collective conflict has been submitted to arbitration, the parties shall refrain from striking or lockout for the causes under dispute while the arbitration proceedings are held.

The mediation and arbitration procedures will be characterized by the principles of contradiction and equality between the parties. The mediator or arbitrator may request the assistance of experts, if necessary.

The mediation and arbitration procedures referred to in this Chapter shall be of priority to those other than those regulated in territorial areas lower than the State, where the issues and conflicts of a collective nature are presented as a consequence of the application of this Convention.

For other scenarios or scenarios, these rules will be free of choice for the parties.

The costs incurred in the actions provided for in this Chapter shall be borne by the parties to the proceedings, in the terms agreed by those parties.

Article 96. Accession to the ASEC.

The parties to this General Convention assume the full content of the Agreement on Extractive Collective Conflicts (ASAC) Agreement, signed by the CEOE and CESME business organizations and the Confederations Union of UGT and CC.OO., published in the BOE of 23 February 2012, which will develop its effects in the fields of the General Convention of the Corcho Sector, with the scope provided for in the ASAC itself or the one that replaces it, if any.

Article 97. Salary inimplementation clause.

1. In order to establish the framework for a greater degree of stability in employment in the sector, it is considered necessary to establish mechanisms which will lead to the implementation of measures which, with a preventive and a cyclical nature, are (a) to encourage that and this by suspension, always on a temporary basis, of the effective implementation of the Convention on certain working conditions.

Such measures will aim at the temporary and effective implementation of the Convention, all within the established legal and conventional framework.

2. For this purpose, the temporary suspension or suspension, and without prejudice to the provisions of Article 82.3 of the Treaty, may affect the following matters laid down in the collective agreement of a higher level than the undertaking which is applicable and all This is without prejudice to the provisions of Article 41 of the E.T.:

a) Workday.

b) Schedule and the distribution of the working time.

c) Shift work regime.

d) Pay and salary system.

e) The work and performance system.

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

3. Without prejudice to the causes provided for in Article 82.3 of the Treaty, the application may be made, in accordance with the terms of this Article, where the undertaking alternately has or a persistent decrease in its level of revenue or their economic situation and prospects may be adversely affected by the possibilities for maintaining employment; these causes will be understood to be, among other things, when the "operating result per employee" ( say the result divided by the average number of employees equivalent to day In the last financial year or in the last 12 months it is less than 12% to the average of the operating result per employee or sales in the respective year. Previous year or in the preceding twelve months to the last taken, considering therefore that there is an objective cause for the inapplication.

For indemnification purposes, in cases of extinctions arising from Article 50 of the E.T. or of recognised or declared redundancies resulting from causes beyond the will of the worker during the implementation of the Convention, take as the basis of the salary the one that should be perceived in the event that the Convention is not applied.

1. Procedure.

Companies in which some of the causes of inapplication provided for in the previous paragraph are concerned shall communicate in writing their claims to the legal representation of the employees and to the Joint Committee of the Convention. within 20 calendar days of the publication of the collective agreement or of each of its revisions.

In the case of the absence of legal representation of workers in the company, they may attribute their representation to a commission designated in accordance with the provisions of Article 41.4.

The procedure will start from the communication of the company, opening a period of consultations with the representation of the workers or commission designated or the trade union sections when they agree, always (a) the majority of the members of the Business Committee or among the staff delegates.

This period, which shall be no longer than 30 days, shall cover the reasons for the business decision, and the undertaking must be provided with the communication referred to in the preceding paragraph, the following: documentation that endorses and justifies your request:

1. Explanatory memory of the causes that motivate the request.

2. Budget and profit and loss account of the two years preceding the application.

3. Budget and forecasts for the current year of the application.

4. Report on the situation of the financial, productive, commercial and contribution aspects of Social Security and IRPF.

5. Companies that are not required to present the annual accounts in the Mercantile Register and are subject to Objectives, will present the documentation they must deliver in the Treasury.

When the period of consultations is concluded by agreement, the supporting causes alleged by the business representation shall be presumed to be present, and may only be challenged before the social jurisdiction for the existence of fraud, This is the case, which is the subject of the law. The agreement shall determine exactly the new working conditions applicable to the undertaking and its duration, which may not be further developed beyond the time when a new agreement is applicable in that undertaking. The agreement must also be notified to the joint committee of the collective agreement and the labour authority.

The implementation agreement and the programming of recovery of the various and possible subjects concerned may not result in the failure to comply with the obligations laid down in the Convention on the elimination of pay discrimination on grounds of gender as well as those established in the field of "working time" and "working time distribution" in the Law for the Effective Equality of Women and Men.

The agreements reached will require the agreed increases for the corresponding year and the form and time for their recovery. The abovementioned agreements will also cover the maintenance of the level of occupation. The agreement obtained will be copied to the Joint Committee of the Convention, in order to be able to keep track of the problems of the sector and to review the criteria marked by the Convention in this section.

In the event of disagreement and after the end of the period of consultation, the parties shall forward to the Joint Committee of the Convention the documentation provided together with the corresponding record accompanied by the allegations which, respectively, they were able to perform.

The Commission, once the documents provided have been examined, will have to decide whether or not in the applicant company any of the reasons for inimplementation provided for in the previous Article are present.

If deemed necessary by the Joint Commission, it shall seek the additional documentation it deems appropriate as well as the relevant technical advice.

The State Commission will have a maximum of 7 days to resolve the applied implementation, and the agreements must be adopted unanimously.

Where appropriate, the Commission will have to determine exactly the matters affected by the implementation and determine and specify both its terms and the timetable for the progressive convergence towards the return of the conditions. suspended. To this end, account must be taken of the maximum time limit for inapplication laid down, which may not be extended beyond the time when a new agreement is applicable in the undertaking, as well as the impossibility of failing to fulfil the obligations set out above. They were cited and related to pay discrimination and to which could affect the working time, time and distribution of working time and referred to the Law for Equality.

In the event that the Joint Commission does not reach an agreement, and in compliance with the mandate received by the parties, the discrepancies will be subject to binding arbitration, in which case the arbitral award will have the same effectiveness. that the arrangements in the period of consultation and shall only be used in accordance with the procedure and where appropriate for the reasons set out in Article

of the E.T.

For the purposes of submission to arbitration, it will be the Joint Commission itself that within five days of the end of the deadline to resolve the actions and documentation to the corresponding one. Interfederal Mediation and Arbitration Service (SIMA) or other body equivalent to that which has been adhered to in the relevant field.

According to the foregoing, the arbitration will be submitted and will dictate with the intervention, formalities and procedures established in the current Agreement on the Extrachautional Solution of Conflicts and assumed by the current Sectoral Convention State.

The costs incurred by the members of the Joint Committee who have to intervene at the request of the applicant company will be on their behalf, as well as the costs incurred for the completion of the procedure.

First transient disposition.

The arrears arising from the application of this Convention shall be made effective by the companies to their employees the following month, at most, the publication of this agreement in the BOE.

Second transient disposition.

I. Seniority: They shall only be entitled to the receipt of the seniority supplement, the workers who have consolidated it before 1 January 1996. The amount to be paid for this concept shall be that which was recognised at that date, without any increase in any cause. The amounts resulting from the application of this Article shall be collected on a payroll with the denomination "consolidated seniority", as a personal supplement, not being absorbable or compensable, and therefore shall not have any increase.

II. Plus agglomerist: They shall only be entitled to the benefit of the plus agglomerist, the workers who have consolidated it before 1 January 1996. The amount to be paid for this concept shall be that which has been recognised at that date, without being able to be increased by any cause, not being absorbable or compensable.

Transitional provision third. Equal opportunities.

The social partners in the cork sector assume their commitment to the development and implementation of active equality plans and policies.

For this purpose and before December 31, 2012, it will proceed, after negotiation to incorporate into the state collective agreement of the cork sector a specific chapter of equality.

Additional disposition first. Salary tables.

This convention, a single wage table, is published as Annex I, which results from the application of all personnel within the functional and territorial scope of this Convention, thus being in force in a uniform manner, for all territory of the Spanish State.

Additional provision second. Wage increase.

An increase of 0.50% is agreed for the year 2012 and 0.60% for each of the years 2013 and 2014.

Exceptionally in this agreement is agreed to compensate for the deviation of the CPI of the year 2011, that will be paid to all the workers a fixed amount, unique and equal for all the professional groups during the month of September at an amount of 60 € for each of the years 2012 and 2013 and of 80 € in the month of September 2014, amounts that will not be consolidated.

In the year 2012, an update clause is expressly agreed upon at the end of the financial year, in excess of the annual rate of variation of the Spanish general CPI for December on the inflation target of the European Central Bank (2%). If the annual percentage change rate of the Spanish general CPI in December is higher than the annual rate of variation of the harmonised CPI of the Euro Zone in the same month, then the latter will be taken to calculate the excess. If this is done, the resulting amount would be applied in one time. If the international average price of Brent oil in the month of December is 10% higher than the average price of the previous December, the above mentioned inflation indicators will be taken as a reference for the calculation of the excess. excluding both fuels and fuels.

In 2013, the increase in agreed wages is 0.6%, with an update clause on the same terms as for 2012.

In 2014, the increase in agreed wages is 0.6%, with an update clause on the same terms as for 2012.

ANNEX 0

Permission and license table

No

Reason

Maximum time

Justicizers

Sal.

base

Pages

Extras

Com.

Ant.

Incent.

(1)

Compl.

Conv.

Com.

P. Job

Compl.

No Salt.

of parents, grandparents, children, grandchildren, spouse, siblings, and in-laws.

Three calendar days, expandable up to five natural in case of displacement greater than 150 km.

Yes

Yes

Yes

Yes

Yes

Yes

No

Document that accredits the fact.

severe, hospitalization or surgical intervention without hospitalization requiring home rest from parents, in-laws, children, grandchildren, spouse, siblings, and grandparents.

Three calendar days, expandable to five natural in case of displacement greater than 150 km.

Yes

Yes

Yes

Yes

Yes

Yes

Yes

No

Medical Justicizer that accredits the fact.

of Nueras, Yernos, Cunates and Political Grandparents.

Two calendar days, expandable up to four natural days in case of displacement greater than 150 km.

Yes

Yes

Yes

Yes

Yes

Yes

No

Document in which the fact is

disease of nueras, sons, sisters, and political grandparents.

Two calendar days, expandable up to four natural days in case of displacement exceeding 150 km.

Yes

Yes

Yes

Yes

Yes

Yes

Yes

No

Health Justicizer that accredits the fact.

surgical intervention of parents, children, or spouse.

A natural day.

Yes

Yes

Yes

Yes

Yes

Yes

Yes

No

Birth child or adoption.

Three calendar days, expandable up to five natural days in case of displacement greater than 150 km.

Yes

Yes

Yes

Yes

Yes

Yes

Yes

No

Book Family or Certificate of the Court

of the worker.

Fifteen calendar days.

Yes

Yes

Yes

Yes

Yes

Yes

No

Yes

No

Family Book or official certificate.

address change.

A workday.

Yes

Yes

Yes

Yes

Yes

Yes

No

Document that accredits the fact.

or personal inexcusable debt.

The indispensable or the one that marks the rule.

Yes

Yes

Yes

Yes

Yes

Yes

No

breastfeeding up to nine months.

No 1 hour or two 1/2 hour fractions; mid-day reduction time.

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Family Book or Adoption Certificate

(article 40 ET).

Three workdays.

Yes

Yes

Yes

Yes

Yes

Yes

No

Yes

or their parents ' marriage.

The calendar day.

Yes

Yes

Yes

Yes

Yes

Yes

No

Yes

Table_table_izq"> Document that the fact is credited.

DNI and Driver Meat Renewal

The indispensable time.

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Document in which the fact is credited.

Yes

Yes

Yes

Yes

Yes

Yes

If

Yes

Yes

Yes

Yes

Yes

Yes

Yes

If

(1) Average perceived in the previous month.

ANNEX I

Pay tables, diets and mileage

Pay table sector of cork year 2011

Groups

Eur Annual Salary

Euros Monthly Salary

Daily Salary

Euros

1

21.121.14

1.508, 65

2

17.860.70

1.275.76

3

16.775.84

1.198,27

4

15.397.16

1.099, 79

5

15.279.64

1.091, 40

35.96

6

14,717.18

1.051, 22

34.34

7

13.866.71

990.49

32.63

Diets:

Complete: 67.77.

Media: 20.33.

Field Diet: 39.26.

Km: 0.26 euros/km.

Corcho sector wage table year 2012

Groups

Eur Annual Salary

Euros Monthly Salary

Daily Salary

Euros

1

21.226.75

2

17.950.00

1.282.14

3

16.859.72

1,204.26

4

15.474.15

1.105, 29

5

15.356.04

1,096, 86

36.14

6

14.790.77

1.056, 48

34.81

7

13.936.04

995.44

32.79

Diets:

Complete: 68.11.

Media: 20.43.

Field Diet: 39.46

Km: 0.26 euros/km.

ANNEX II

To the Provincial/Provincial Joint Commission

Substantial modification of working conditions

Disagreement act

Company Data ................................................................................................ Name or social reason ..................................................................................................... CIF ....................................... Registered office ............................................................... Location ............................................................... Postal Code ............................................... Applicable collective agreement/s .........................................................................................

The Company ......................................................................... and its Representation of the Workers, communicate that they have terminated without agreement the inapplication proposed according to Article 41 of the Staff Regulations Workers.

The Joint Committee is referred to this Act together with the request for modification of the company and its causes, together with the relevant documentation. The claims made by the Workers ' Representation and the documentation provided are also sent, where appropriate.

Both parties, the Company and the Workers ' Representation, are directed to the Joint Commission to resolve the discrepancy, requesting both parties, in the event that the Commission does not reach agreement, submit to the Arbitration Binding of the corresponding Interconfederal Mediation and Arbitration Service.

En .......................... a ............ de ............................. de ..............

Signed Company Signed Workers Representation