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Resolution Of 18 July 2012, Of The Directorate-General Of Employment, Which Registers And Publishes The Ii Collective Agreement For The Sector Of Transport And Aerial Work With Helicopters And Its Maintenance And Repair.

Original Language Title: Resolución de 18 de julio de 2012, de la Dirección General de Empleo, por la que se registra y publica el II Convenio colectivo para el sector del transporte y trabajos aéreos con helicópteros y su mantenimiento y reparación.

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TEXT

Having regard to the text of the second collective agreement for the transport and air transport sector with helicopters and their maintenance and repair (Convention Code No: 99015875012006), which was signed, dated 28 May 2012, of a the Spanish Association of Air Companies (AECA), representing companies in the sector, and the other, by the trade union organizations CC.OO., UGT, CGT and SEPLA, representing the affected labor group, and in accordance with the Article 90 (2) and (3) of the Law on the Statute of Workers, Text Recast approved by Royal Legislative Decree 1/1995 of 24 March, and 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, July 18, 2012. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.

Articulated text of the second Sectoral Collective Agreement for the Transport and Air Works with Helicopters and its Maintenance and Repair.

CHAPTER I

General provisions

Article 1. Determination of the parts that make it up.

These are parties that have concluded this collective agreement, which has a Sectorial and State character, for the representation of the companies included in the scope of the agreement, the Spanish Association of Air Companies (AECA), and for the union representation, the Federation of Services to the Citizenship of Workers ' Commissions (Air Sector CC.OO.) and the State Federation of Transport, Communications and Sea (Air Sector) of the General Union of Workers (UGT), the Union Spanish de Pilots de Líneas Aéreas (SEPLA) and the Federation of Transport, Communications and the Sea of the General Confederation of Labour (FETYC-CGT).

Section 1

Article 2. Functional scope.

The provisions of this Convention shall apply to the activities related to the provision of transport services and/or aerial work with helicopters, maintenance activities, heavy and line, helicopters and other aircraft, as well as engines, components, instruments and other accessories, carried out both in central workshops and in peripheral bases, as well as the activities of air works and/or air transport provided by undertakings by means of aeroplanes of up to 20 tonnes at take-off, operating under the same or similar conditions the activities provided with helicopters.

In this sense, and as an enunciative, it will apply to the activities of:

1. Prevention, surveillance and extinction of forest fires.

2. Rescue and rescue, both maritime and onshore.

3. Civil Protection.

4. Assistance to Oil Platforms (Off-Shore).

5. Customs and Fisheries Surveillance.

6. Medicalized Healthcare Transportation.

7. Maintenance and repair of aircraft, engines, components, instruments and other ancillary activities and accessories.

8. Air Media Coordination

9. Passenger transport with helicopters and/or aircraft up to 20 tonnes at take-off.

10. Aeronautical training activities within these companies.

11. And any other similar or similar activity provided with helicopters and/or aircraft of up to 20 tonnes at take-off by the companies included in their scope.

This Convention shall apply to all undertakings in the sector performing any of the activities described above.

Article 3. Personal scope.

This Convention shall apply to workers who provide their services under a common employment relationship signed on Spanish territory, irrespective of the contractual arrangements used, in undertakings included in its functional scope, both in Spain and abroad and, in the latter case, without prejudice to the rules of public order applicable in the workplace. For these purposes, all the collectives referred to in Article 29 of this Convention shall be understood within their scope.

This Convention shall not apply to special employment relationships subscribed under Royal Decree 1382/1985 of 1 August, nor to those workers with managerial duties, except as regards the Regime of faults and sanctions.

Likewise, those personnel who move to a position of trust in the Directorate of companies that require greater dedication and responsibility, that is to say, will be excluded from the scope of this Convention. (a) in the Fifth Professional Group of those covered by this collective agreement. Notwithstanding the foregoing, the provisions of this Convention shall apply to them as soon as they perform some of the functions defined in the Professional Structure and for those functions.

Article 4. Territorial scope.

This Convention shall apply throughout the Spanish State and without prejudice to the provisions of Article 1.4 of the Staff Regulations.

Section 2. Validity, Duration, Extension and Complaint

Article 5. Effective.

This collective agreement, regardless of the day of its publication in the "Official Gazette of the State", shall enter into force on the day of its signature by the parties concerned, and shall be valid for three (3) years from its entry into force, that is, since 1 January of the year of his signature, except in those matters of the articles expressly established for another term, in which case it shall be determined in the same case.

If no complaint is expressed in accordance with the terms set out in Article 6, the Convention shall be expressly extended from year to year, in those matters which do not have a fixed term of validity.

Article 6. Complaint.

The denunciation of the Convention may be produced at the request of any of the parties granting it, by written communication addressed to the other parties and to the working authority in a feisty manner, with at least three months in advance of the date of termination of its initial term as referred to in the previous Article or of the term of any of its extensions.

Once the Convention has been denounced and until a new one is agreed, its mandatory clauses will be lost in force, the normative content remaining in force in the terms provided for in Article 86.3 of the Statute of the Workers.

Section 3. Prelate of Standards, Compensation, Absorption and Linking to the Whole

Article 7. Regulatory nature and general effectiveness.

Given the legitimacy and representativeness of the signatory organisations, this Convention has general rules and effectiveness, as provided for in Title III of the Staff Regulations, and applies to all companies, entities and workers, present and future, within their functional, personal and territorial areas.

Article 8. Ranking of rules.

Given the peculiarities of the field covered by this Convention, as agreed in the Convention by the parties, the relations between undertakings and their employees in all fields are generally governed by the provisions of this Convention. included in their content, including those whose regulation is agreed in a different manner to that provided for in the applicable general rules, and in any event considered to be a device.

In all that is not provided for in this Convention, the Staff Regulations, Royal Decree 1561/1995, Special Days of Work for the staff within its scope, as well as the regulations will apply. legal application.

Article 9. Compensation and absorption.

If the working and economic conditions and agreements already established in companies and workplaces are more favourable, as a whole and in annual computation, for workers than those provided for in this Convention, shall be maintained as "ad personam" until they are absorbed and compensated by the conditions and arrangements laid down therein.

Notwithstanding the salary tables agreed in this Convention, they will not be able to absorb or compensate for the annual increases that can be made in each of the companies.

Article 10. Principles of articulation of collective agreements.

In accordance with the provisions of Article 84 of the Workers ' Statute in conjunction with Article 83 of that legal body, this collective agreement and those other collective agreements with which, if applicable, According to the rules in force, it may be possible to participate in accordance with the principles of the most favourable rule and rule, complementarity and supletoriage, and attribution of competence, regulated in the following articles.

Article 11. Principles of supplementation and more favourable rule.

The contents of this Convention may be improved in the collective agreements of enterprise, supra-business or of lower territorial scope. In the case of a reserved area for which exclusive competence is conferred on this Convention, the limits laid down in this Convention may not be exceeded.

In accordance with the principle of more favourable rule, as set out in Article 3.3 of the Workers ' Statute, conflicts arising between the precepts of two or more labour standards, both state and agreed, which they must in any event respect the minimum necessary rights, they shall be resolved by applying the most favourable to the worker as a whole, and in annual computation, in respect of the quantifiable concepts.

Article 12. Principles of complementarity and supply.

With respect to the lower-level collective agreements that could be subscribed to in accordance with the existing rules, this Convention will have the character of a complementary standard and, where appropriate, supplementary.

The signatory organizations recognize the principle of complementarity of the general collective agreement of the sector with respect to those of lower scope in those matters not regulated in those conventions.

In any case, the contents of the present Convention not covered by the lower scope of this Convention shall be applicable and obligatory.

Article 13. Principle of attribution of jurisdiction.

This Convention shall be of a exclusive and exclusive rule in matters in which it is expressly established. In any case, they have the consideration of non-negotiable subjects in lower areas:

Maximum annual work day.

Geographic Mobility.

Wage Structure

Minimum standards for the prevention of occupational risks and occupational health.

Article 14. Binding to the entire.

The Convention constitutes an organic and indivisible whole and the parties are mutually bound to their full and complete compliance.

In the event that the competent labour authority considers that any of the covenants of the Convention may cause the legality of the Convention to be in force and that it will make it known to the granting parties and/or not to approve any of its articles or part of its content as it is currently drafted, or if the employment jurisdiction leaves no effect of the agreed agreements, the Negotiating Commission of the same shall meet in order to remedy in accordance with the law in force, by common agreement and in the Thirty days of the alleged deficiencies observed. In this regard, they shall consider whether the partial amendment is appropriate, maintaining the validity of the rest of the provisions of the Convention or whether, on the contrary, the amendment of such a clause requires a review of the reciprocal concessions which the parties would have been granted.

Section 4. Joint Commission

Article 15. Composition and constitution.

A Joint Committee established by the members appointed by the parties to the Convention is hereby appointed to understand how many issues are attributed to it in the text of the Convention and in this section.

This Commission will be composed of eight members, four of them representatives of the union side and four of the business, and of a secretary who will be appointed at each meeting.

The meetings will accept the presence of up to a maximum of two advisors for each representation, who will speak with a voice but without a vote.

The Commission shall be constituted at the date of signature of the Convention, and shall have its rules of procedure drawn up within the maximum period of 30 days.

Your agreements will require, in order to be valid, half plus one of the members ' representatives, as well as half plus one of the vocal representatives of the business party.

The seat of the Commission will be AECA's home in Madrid (C/ Doctor Esqudo, number 18, esc. B, 1. º B, 28028 Madrid).

Article 16. Tasks and powers of the Joint Committee.

Both parties expressly agree that any doubt or divergence that may arise as regards the interpretation or application of this Convention shall be submitted to the Joint Committee.

In this regard, the parties expressly undertake to ensure that all matters which may arise as regards the interpretation or application of this Convention which is of a collective or any other kind of conflict giving rise to the initiation of judicial proceedings of any kind, except for individual cases, shall be subject to a prior and binding nature of the Commission's report before any legal or administrative complaint is made. Once the issue has been raised with the Joint Committee, the Joint Committee will have to meet within 15 days.

In the event of a lack of agreement by the Joint Commission on conflicts which may arise from the interpretation and application of this Convention within 30 working days after the question was submitted to a mandatory report of the Joint Committee, the parties undertake to refer the matter to the mediation procedure laid down in the Agreement on Extractive Solutions of Labour Conflicts (ASEC) in order to find a solution in those matters which do not it may have been possible to resolve at the headquarters of the Joint Commission, and without prejudice to the possibility of each of the parties to the competent jurisdiction.

To submit the matter to the arbitration procedure foreseen in the ASEC, it will require that both the union and the business side agree to raise the same by mutual agreement.

The functions of the Joint Commission will be as follows:

(a) Monitoring and monitoring the implementation of the Convention.

b) Interpretation of the Convention's articles.

(c) Prior and mandatory intervention in the contentious issues that may arise from the application of the Convention's articles, except for individual complaints.

d) Resolution of the issues raised under Article 82.3 of the Workers ' Statute.

(e) to issue a prior and prescriptive report on the accessions to this Convention which may occur, as well as in the cases of extension referred to in Article 92.2 of the recast of the Law on the Statute of the Workers (TRLET).

f) And, in addition, to understand in all the matters that the Convention has provided for its intervention.

CHAPTER II

Job Contract

Article 17. Duration of the contract.

The work contract may be arranged indefinitely or for a given duration, both for part-time and full-time working time.

The income to the work may be carried out in accordance with any of the modalities of contracting regulated in the recast of the Law, of the Staff Regulations, supplementary provisions and in the present Sectoral Agreement.

Possible contracts may be concluded due to the circumstances of the production and the work or services determined, in the cases described in the current regulations.

Article 18. Eventual contract due to circumstances of production.

Under Article 15 (1) (b) of the Staff Regulations, the maximum duration of contracts of a duration determined by market circumstances, accumulation of tasks or excess of the duration of the contract is amended. (a) orders (eventual), due to the structural causes of the nature of the business activity, which is subject to continuous avatars that cause continuous alterations of the production flows, establishing that within a period of 18 months, these contracts may have a maximum duration of twelve months, in the said period.

Article 19. Contract by specific work or service.

Contracts of a given duration may be concluded in accordance with the provisions of Article 15.1 (a) of the Staff Regulations.

This contract is intended to perform a particular work or service, to cover those jobs whose execution is limited in time and of uncertain duration.

They are identified as tasks or services with their own and sufficient substantive, within the activity of the companies of this sector that can be covered with this contractual modality, in an enunciative and non-limiting way, the following:

a) Sports events, congresses, parties, fairs and exhibitions, promotions, aerial filming.

b) Forest fire prevention campaigns, including pre-campaigns.

c) Contracts with the Administration.

d) Contracts with Private Entities.

Contracts performed under this mode will have the legally established duration, after which the worker will acquire the fixed condition. The employer shall provide the worker in writing within 10 days after the time limits have been completed with a supporting document or official model, if any, on his/her new condition as a fixed employee of the undertaking.

Contracts for works or services determined prior to the entry into force of Law 35/2010 shall be governed by the laws or regulations in force at the date of their conclusion.

Article 19a. Fixed template contract.

1. The fixed template contract is the one that is designed to be an employer and worker for the work provision of the company for an indefinite period.

2. Indefinite recruitment will be encouraged within the companies of the sector and for which the assumptions set out in the current legislation may be used.

Article 20. Contract for discontinuous fixed jobs.

The contract shall be deemed to be concluded for an indefinite period when it is intended to carry out fixed and periodic work within the normal volume of business of the undertaking, for a number of hours per day, week, month or month. year, less than that established in the company, without continuity over the course of the year, and will have for work effects the fixed contract character of discontinuous works.

The duration of the ordinary working day, in these cases, shall not be less than 80 hours in the monthly calculation.

When there are contract workers for discontinuous fixed work pending calls from the same professional group, operational area and work center, these will take precedence to fill the jobs before referred to, unless otherwise agreed with the discontinuous fixed worker.

The appeals, not repeated on certain dates, will take place when the organizational and productive needs of the company so require, following to this end the order of greater seniority in the specialty and group professional, within a given geographical demarcation or working centre, as well as the interruption, which will be done in the reverse order, without prejudice to those other forms of appeal agreed or which could be agreed between the undertaking and the legal representation of workers.

These agreements shall be brought to the attention of the Joint Committee of the Convention within the maximum period of one month from its conclusion.

Workers with employment contracts for permanent permanent jobs which, at the time of their appeal, are in some of the causes of legal suspension of the contract, will be deferred their incorporation to the company expectation of income, without losing your preferred rights of appeal, until such cause has ended.

Seniority for the purposes of the foregoing paragraphs shall be computed by reason of the days actually worked for the company from the start of the employment relationship, which shall be collected at the appropriate scale.

The appeal to the worker will be made in writing as early as possible, and the company must be notified to the competent bodies. Both the call and the interruption of the contracts will be formalized in the official models, informing the legal representation of the workers. The interruption shall be notified to the worker within a period not exceeding 48 hours after he is known to the undertaking, with the customer's communication at the request of the worker.

Article 20a. Part-time contracts.

The contract of employment shall be deemed to be part time when the provision of services has been agreed for a number of hours per day, week, month or year, less than the working day of a worker. comparable full time.

Additional hours are considered those whose possibility of realization has been agreed upon, as an addition to the ordinary hours agreed in the part-time contract. The agreement on additional hours may be agreed upon at the time of the conclusion of the contract on or after part-time, but shall in any event constitute a specific agreement with respect to the contract.

The number of additional hours may not exceed 30% of the ordinary working hours covered by the contract. Lower-level collective agreements may provide for a further maximum percentage, which may in no case exceed 60% of the ordinary hours contracted.

Article 21. Training contracts.

Employment contracts and training contracts shall be governed by the provisions laid down in the law, guaranteeing the levels of remuneration laid down in this collective agreement with the reductions provided for by the legislation which is currently in force.

If these contracts have been concluded for a period of less than the total legally established maximum, and in accordance with Article 11 of the Workers ' Statute, the parties may agree on how many extensions are to be made. it considers appropriate, not being the duration of each of them less than six months and not exceeding the total duration envisaged for such contracts.

Article 22. Test period.

The income of workers in enterprises shall always be considered as evidence, and this test period must be recorded in writing, according to the following scale:

(a) Workers classified in the fourth and fifth professional groups: four months.

b) Workers classified in the third professional group: two months.

c) Rest of staff, including contract workers for training: one month.

However, in the case of contracts of indefinite duration, the company is entitled to set a trial period of six months for the case of workers from the fourth and fifth professional groups of four months for qualified technicians located in the second and third groups and two months for the workers of the other professional groups.

During the probationary period, the termination of the contract may occur at the request of either party, without prior notice and without any right to compensation, without prejudice to the provisions of Article 24 of the Convention.

It shall be the power of the undertaking to require the completion of courses or tests for admission to work, without prejudice to the fact that the worker has to exceed the period of proof provided for from the time of signing the relevant job contract.

Article 22a. Recruitment of disabled people.

In compliance with the provisions of Law 13/1982 of 7 April 1982 on the Social Integration of the Disabled, companies employing a number of 50 or more workers will be obliged to include at least 2 per 100. are workers with disabilities.

The above mentioned computation will be performed on the total template of the corresponding company, whatever the number of work centers of the company and whatever the form of employment contracts it links to the employees of the company.

Notwithstanding the above, and due to the specialization required by the aeronautical sector and the high percentage of the group of pilots and mechanics regarding the composition of the rest of the company's staff, which requires, for access, a series of licenses, ratings, qualifications and special medical examinations, motivates the special difficulty to incorporate workers with disabilities into the workforce in the case of these groups, so the Companies are entitled to rely on exemption from the obligation to recruit persons with disability including the% of the template corresponding to these collectives.

To do so, they must take the necessary alternative measures as set out in the above Law.

Article 22b. Workers with diminished capacity.

In the case of workers of the company whose capacity has been diminished and on a proposal from the company or the worker's request, through the safety and health committee, the measures will be taken to the relococation of the company. personnel, in accordance with the requirements laid down below, whose capacity has decreased by age, health status, accident etc. ... to works more appropriate to their physical conditions, prior to the medical report of the Mutual Accidents of the company's medical service. The worker may accompany his/her request with a medical report on social security.

It will be necessary for there to be vacancies in that job and for the worker to have the competence and capacity to develop that function.

Staff who have experienced an accident at work or occupational disease will have absolute preference for this rehabilitation, provided they are trained to develop this type of work.

Article 23. Resignation of the worker.

When the termination of the work is caused by the worker's voluntary resignation, he must provide written notice to the company of at least thirty calendar days in advance of the expected date of resignation, when, Staff classified in the third and fourth professional groups. For the staff classified in the fifth professional group, this notice will be two months. The rest of the workers must be pre-advised with 15 calendar days.

In contractual relationships on a given or temporary basis of six months or less duration, notice periods will be reduced to half the time set in the previous paragraph.

The worker's failure to comply with the obligation to provide a notice will entitle the company to an allowance equal to the amount of the daily gross salary for each day of delay in the notice. This allowance may be deducted from the wage settlement to be practised where appropriate.

Once you hear the company's notice of termination, you may agree that during the termination notice the worker may enjoy holidays or other breaks that may be pending compensation.

If the worker has enjoyed more holidays than those that correspond to him for the time worked, the company will be able to resarcirse of the excess due to the salary corresponding to the days enjoyed by more, that will be able to discount wage settlement to be practiced in your case.

Once the cessation notice has been communicated, the company may agree to terminate the employment relationship at any time, owing in this case to pay in compensation the remuneration corresponding to the period of pending warning.

Having received the company the notice of cessation with the aforementioned advance, it will be obliged to liquidate at the end of the term the fixed remuneration concepts that can be calculated at such a moment. The other remuneration shall be paid no later than 15 days after the end of the employment relationship.

Article 23a. Retirement.

The employment contract may be terminated, in accordance with Law 27/2011 of 1 August, for the performance of the ordinary retirement age worker.

The following requirements must be met:

1. ') The worker who meets the ordinary retirement age, or who specifies that, by reason of the nature of the work, the reduction of the ordinary age, must be covered by the minimum period of contribution which he or she allow a percentage of 80% to be applied to the regulatory base for the calculation of the amount of the pension, and to comply with the other requirements required by the Social Security legislation in order to qualify for the retirement pension in its contributory mode. In this case it must be requested by the worker, with assistance from the company.

2.) The company must have increased its workforce in the 12-month period immediately prior to the date on which the worker meets the ordinary retirement age, or will replace the age-compliant worker. (b) ordinary retirement on the other hand that it did not maintain prior employment relationship with the company, or that it would be temporary and would be indefinite.

As for flight personnel, once the maximum age for exercising, in whole or in part, the functions contained in your license, will apply, it will be applicable to the aforementioned, as long as the provisions of the provisions of the numbers 1 and 2, of this article.

Article 23b. Partial retirement.

The worker, in order to access the partial retirement, in the legally established terms in each case, must submit a request to the effect, proving that he meets the required requirements, both in respect of his age and the period of quotation where applicable.

If there is an agreement between the worker and the company, the worker may partially retire, giving the company to such an effect that it complies with any obligations that it may legally have in this respect.

Article 24. Stay in the company.

When the worker is going to receive a professional specialization, such as a training course or a specialization course with the company, it will be possible to stay in the company for a certain period of time. The agreement shall not be longer than two years and shall be formalised in writing. If the worker leaves the job before the deadline, even during the probationary period, the company will be entitled to compensation for damages, calculated as a proportion of the actual cost of the specialisation provided by the time intended to remain, the amount of which shall be the proportional share corresponding to the time spent.

The worker will have the right in any case to know the real cost for the company of the mentioned specialization, once communicated this cost to the worker, the realization of the course will assume the acceptance by the worker of the pact of permanence.

For an enunciative title, the following concepts must be included within the cost of the course:

1. The actual cost of the course, even in cases where the aircraft manufacturer is paid at the time of purchase by the company, provided that this has cost the company an effective cost. In this case, and for the purpose of determining the cost, the certification shall be certified by that manufacturer, or by the contracting authority, of the amount to which it amounts.

2. Costs arising from the service of trainers if they were external, or the remuneration of the instructors if they were internal, as well as hotels, displacements and allowances in both cases.

3. Any other costs directly related to the course duly justified.

The training that could be done outside of the working day will be voluntary for the worker and the equivalent salary of these days will be discounted from the cost of the course.

The legal representatives of the workers will be informed, periodically, of the above mentioned costs of specialization, prior to the subscription of these agreements of permanence. In the absence of legal representation of the employees within the undertaking, the latter shall forward that information to the Joint Committee of the undertaking.

Article 25. Revenue and vacancies.

The jobs to be filled in the various operational areas by university graduates, belonging to the professional group of technicians, and those who behave in the exercise of trust or confidence functions. At any level of the organisational structure of the undertaking, it shall be covered by the free designation system.

For the hiring of the rest of the fixed or discontinuous fixed staff preference will be given to those workers who have or have had with the company a contract of discontinuous or, in their absence, temporary character within the same functional level and professional group, have complied with the duration of the same and do not have an unfavourable note on their professional and personal conduct in the file, provided that the worker who adduces such preference meets, in a reasoned opinion of the undertaking, the conditions of suitability, fitness and capacity required for the job.

To that end, undertakings shall give notice of such vacancies by means of statements in the notice boards and, on the basis of prior notice, to the legal representation of the employees, or in the absence of such representation, to the Joint Commission.

In the case of several workers opting for the preference set out in this article and meeting the required requirements, the one who has worked the most time in the company will be the one who will cover the vacancy.

Companies will keep the lists of fixed and discontinuous fixed workers up to date.

Article 26. Information on the legal representation of workers.

The legal representation of employees, among their competencies, will have to receive information, at least on a quarterly basis, on the likely evolution of employment in the company, as well as on the forecasts of the conclusion of new contracts, number and types of contracts and subcontracting assumptions. It shall also receive a basic copy of the written contracts determined by the law and the notification of the extensions thereof and the corresponding complaints.

CHAPTER III

Professional classification and progression, promotion at work and promotions

Article 27. Professional classification system.

By this collective agreement, the system of classification of workers falling within the scope of this Convention is established, through a system of professional classification by professional groups and operational areas.

Professional groups are determined in accordance with the content of the work supply subject to the contract and the criteria for classification laid down in Article 28, together with the qualifications professionals, qualifications and general content of the benefit.

The functional role will be developed by workers in the operational areas specified in Article 29, and a number of operational areas can be included in the same professional group.

In each case, by agreement between the worker and the employer, the general content of the performance of the contract will be established, as well as its equivalent to the professional group provided for in the collective agreement.

Article 28. Classification criteria.

In the classification of workers to the professional group, the following criteria must be weighted:

a) Autonomy: Understood as the largest or least hierarchical dependency in performing functions performed.

b) Training: Conceived as the basic knowledge necessary to be able to fulfil the agreed labour supply, the continuous training received, the experience gained and the difficulty in acquiring the complete training baggage and experience.

c) Initiative: Referred to the major or minor follow-up or subjection to guidelines, guidelines, or standards in the execution of the functions.

d) Command: Configured as the faculty of supervision and management of tasks as well as the ability to interpellate the functions performed by the group of workers on which the group is exercised and the number of members of the same.

e) Responsibility: Appreciated in terms of the greater or lesser autonomy in the execution of the functions, the level of influence on the results and the relevance of the management on the human, technical and productive resources.

f) Experience: This experience can be taken into account that can be credited for the service or activity to be performed.

g) Complexity: Understood as the sum of the above criteria that have an impact on the functions developed or the job performed.

Article 29. Operational areas.

The operational areas and the basic tasks assigned to them will be as follows:

A) Flight personnel.

A. 1 Technical flight crew. Included in this area is the professional group of technical flight crew whose basic role is the piloting of the aircraft.

A. 2 Peripheral base aircraft maintenance personnel or line. (Maintenance of line aircraft). The operator, who has no duties related to piloting the aircraft, may have other functions assigned on board and as a basic task the entertainment and maintenance of the aircraft, as well as their verification and warranty of operation, in the different operational bases of the companies, other than the central workshop and whether or not they are deployed with the aircraft.

A. 3 Resellers. Those personnel with rescue or rescue functions, in offshore rescue and rescue operations on the high seas, mountain rescue or any other type of operation related to the operation

A. 4 Operators. Those personnel who carry out functions not related to the operation of piloting, but with the operation of flight, such as the operation of crane, means, systems or other instruments necessary for the different activities.

A. 5 Other flight personnel. Included in this area are the professional groups that without having assigned functions related to the pilotage of the aircraft, they develop functions in the delivery of the service or the operation, as can be the auxiliary flight personnel (TCP ' S), flight support technician (TAV) or health emergency flight personnel (HEMS)

B) Land aeronautical personnel (Central Workshops), and assistance to the passage.

The following professional groups are integrated into this area:

B. 1 Maintenance of central workshop aircraft. The one that has as its basic task the entertainment and maintenance of the aircraft, as well as its verification and guarantee of operation, in the central workshops of the companies.

B. 2 Assistance to the passage. The following professional groups are covered in this area:

a) Traffic. -These include administrative tasks, client relations, coordination and assistance to the passage, both in offices and in public attention.

b) Rampa. -The functions of driving vehicles, ramp personnel and auxiliary services to the passage and maintenance and repair of the ground material are framed.

C) Aeronautical Training Personnel: In this area, the professional groups, dedicated to the training activity, can be surveyed which, by way of example, may be the following; flight and ground instructors who carry out their training. Role in the pilot training schools and the theory and practice instructors in LMAs training schools.

D) General, administrative and ancillary services. In this area the tasks of planning and technical programming and auxiliary flight, programming of activities, monitoring and operation of the execution of the same are assigned. Regardless of their organic membership, all the professional groups not included in the other areas are integrated into this area and have auxiliary tasks necessary for the development of the activity of the company and the other areas operational, such as administration, accounting, business management, and other like.

Article 30. Professional groups.

It is understood by a professional group that it brings together the professional skills, qualifications and general content of the benefit, within each operational area.

The classifications of the staff entered in this Convention are merely enunciative and do not imply the obligation to have all the professional groups that are listed if the organizational needs and the volume of the activity do not require it.

Likewise, the tasks of the operational areas are merely enunciative, since every worker is obliged to execute as many works as ordered by the company, within the tasks of his professional group and in the operational area of attachment. The workers included within the same professional group will provide their services in the different operational areas that the company assigns, respecting their professionalism and prior communication to the RLT, implementing the regulation. specific to the assigned operational area.

Professional groups, within each of the operational areas, are configured according to the following criteria:

Group first. General content of the provision. -Competition in a small set of relatively simple work activities corresponding to standard processes, with theoretical knowledge and practical skills being limited. Perform tasks that are executed according to specific instructions, following a precise working method, under the direct supervision of others.

Group 2. General content of the benefit. -Competition in a set of well-determined professional activities with the ability to use its own instruments and techniques, which mainly concerns an execution work that can be autonomous within the limit of those techniques. It requires knowledge of the technical and scientific fundamentals of its activity and capabilities of understanding and application to the process. They run skilled jobs that lend themselves with a certain degree of autonomy, initiative and responsibility, under close supervision.

Group 3. General content of the benefit. -Competition in a set of professional activities that requires the mastery of different techniques and can be executed autonomously, entails responsibility for coordination and supervision of technical work and specialised. It requires the understanding of technical and scientific fundamentals of the activities and the assessment of the factors of the process and its economic impact. Self-employed work which requires, usually, initiative and reasoning on the part of the workers in charge of their execution, acting under supervision, the responsibility of the workers.

Group 4. General content of the provision. -Competition in a wide range of complex professional activities carried out in a wide variety of contexts that require the combination of technical, scientific, economic or organizational variables plan actions, define or develop projects, processes, products or services. Functions that consist of integrating, coordinating and supervising the execution of heterogeneous tasks with the responsibility of ordering the work of a set of collaborators and with a high degree of demand in the factors of autonomy and responsibility.

Group 5. General content of the provision-Competition in a wide range of highly complex professional activities carried out in a variety of often unpredictable contexts involving planning actions or designing products, processes or services. Great personal autonomy. Frequent responsibility for the allocation of resources, in the analysis, diagnosis, design, planning, execution and evaluation. This group includes those positions of responsibility, which are carried out on one or more sectors of the company, starting from very broad general guidelines, and must give an account of their management to the managers of the company

Since the different operational areas defined in the previous article have specific conditions (e.g. in the field of days), in the event that a worker is assigned in a specific operational area, temporarily destined for another area with different conditions, during the complete days destined in this area will apply the specific conditions of the area of destination, but without, in any case, the worker can be assigned to a professional group inferior to the one you had in the operational area of origin, and so, if a worker Maintenance Technician/Auxiliary (TMA) destined for the operational area B), was destined for the operational area A), would lend its working day as stipulated for the operational area A) during the complete days that it was destined to the mentioned operational area A).

Article 31. Structure of the professional classification.

The structure of the professional classification will be determined in the following table:

Operational

A) Flight personnel

-

Operators.

Help

Group 5

Group 4 areas

Group 3

Group 2

Group 1

A. 1 Crew flight technique (Piloting).

Area Director

Section Chief

Supervisor

Pilot

Second Pilot

in

A. 2 Line Maintenance.

Area Manager

Section Chief

Monitor

TMA

TMA Assistant

-

-

-

-

-

-

-

-

Operator

Auxiliary

A. 5 Other flight staff.

Area Director

-

-

TCP

B) Aircraft Personal Land

Assistance to the Passage.

Group 5

Group 4

Group 3

Group 2

Group 1

B. 1 Maintenance of Central Workshops.

Area Director

Chief of Section

Monitor

TMA

TMA Helper

B. 2 Assistance to the passage.

Area Director

Section Chief

Officer

Auxiliary

Earth Auxiliary

C) General, administrative, and auxiliary services.

Group 5

Group 4

Group 3

Group 2

Group 1

C. 1 General, Administrative, and Auxiliary Services.

Area Director

Officer

Auxiliary

Help

Article 32. Functional mobility

Functional mobility within the scope of the undertakings included in the scope of this collective agreement shall not have any other limitations than those required by academic or professional qualifications required for the purpose of exercising the provision of work and membership of the professional group.

Functional mobility shall be carried out without prejudice to the dignity of the worker and without prejudice to his or her training and professional promotion, having the right to pay which he actually carries out, except in the case of entrustment. of lower duties, in which the remuneration of origin shall be maintained. It shall not be possible to invoke the causes of the objective dismissal for ineptitude over-coming or for lack of adaptation in the case of performance of functions other than usual as a result of functional mobility.

The functional mobility within the professional groups may be carried out, exercising the limit for the same requirements as to the suitability and fitness required for the performance of the tasks assigned to it. worker.

It will be understood that the required suitability exists when the capacity for the performance of the new task is detached from the previously realized or the worker has the level of training or experience required. In the absence of the above requirements, the company must provide the training worker with the above requirements.

When the performance of such functions is permanently and prevalent and is a higher group, this change may not be longer than six months uninterrupted, except for cases of temporary disabilities, forced leave, licences referred to in this Convention, in which cases the situation shall be prolonged as long as the reasons for giving rise to it are subsist.

The uninterrupted six months will be put on hold by any of the legally anticipated causes of suspension of the work contract.

The rotation for higher professional group jobs that is shown to be necessary indefinitely will not be used by the companies, and the promotion vacancy should be called to the top group.

In the case of entrustment of lower functions, this should be justified by the perentory or unforeseeable needs of the productive activity. The duration of such lower functions shall not be longer than three months. The company must communicate this situation to the legal representatives of the employees.

It is understood as part of this functional mobility that workers can perform the multi-purpose of functions of the group immediately below and above, as an integral and complementary part of the group's prevalent Equivalent professional.

Article 33. Promotions

The change of a lower-than-one professional group will be considered to be a final one.

The promotions within the professional classification system will be produced taking into account the training and merits of the worker, as well as the organizational faculties of the company.

Once the ascent has occurred, the worker must exceed the test period established for the income to the corresponding working group.

For the duration of the test period, the worker will retain the right to recover the job of origin and can return to the same functional level and professional group. During the probationary period, the worker shall be entitled to be assigned the remuneration of the professional group to which he has been promoted.

In order to enable the right of the promoted worker to recover the work of provenance referred to in the preceding paragraph, if he does not exceed the probationary period, the company may be able to cover the job of in question.

The trial period will be interrupted if during the same time the worker must perform a training course or be on a temporary disability.

The promotion of a professional group to the immediate superior will be optional for the company and always based on the knowledge, aptitude, attitude and experience of the workers who are attached to the last salary level. of the professional group in which they are eligible for vacancies which may be produced in the immediate higher group, provided that such workers fulfil the conditions and conditions laid down by the undertaking in each case, on the basis of equality and non-discrimination

Article 33a. Regular information on the legal representation of workers and the publication of staff.

The company will report to the RLT on the terms set out in Article 64 of the Workers ' Statute

The companies will make at 31 December each year an administrative scale of the workers in the workforce, divided among the different operational areas, ordered by their date of entry into the company and by category professional.

The following data shall be included in this step, referring to each of the crew members:

Order number.

First and last names.

Date of access to the function.

Date of birth.

CHAPTER IV

Professional training

Article 34. Vocational training at work.

1. Academic and professional training regulated.

The worker will be entitled:

A. To the extent of the permits necessary to attend official examinations, after justification to the employer and subsequent accreditation of his assistance, as well as to a preference to choose work shift, if such is the regime established in the company, where studies are regularly carried out to obtain an academic or professional qualification.

B. The adaptation of the ordinary working day for the attendance of vocational training courses or the granting of the appropriate training or professional training leave with the reserve of the job.

C. Concerning the individual permits for training, the company undertakes to facilitate access to this modality to all persons who so require, provided that they are within the requirements set out in the said agreement.

2. Training in the company.

The worker will be obliged to attend to those training actions promoted or taught by the company in order to obtain a certain specialization or a wider professional training, provided that it is carried out within the day.

Training that could be done outside of the workday will be voluntary for the worker.

The concrete terms of the implementation of the training actions will be determined through the collective bargaining at the lower level.

Article 35. Participation of the legal representation of workers.

A Joint Enterprise Commission will be set up, made up of representatives of the Directorate of the Company and the employees, in order to analyse the training needs of the various groups of the company, as well as determine where appropriate, the need for courses of interest for the business of the undertaking and appropriate to complete the qualification of the worker, and the workers who have to participate in them.

Training Commissions Functions-Training Plans:

Without prejudice to others which may arise, the functions and powers to be developed and exercised by the Commission are listed as follows:

1. Detection of specific continuing training needs in each work area, section, or department.

2. Detection of recipients for continuous training.

3. Necessary involvement in the design of the training plans and actions.

4. Negotiate the times for continuous training.

5. Receive information from the budgets, adoption of financing systems and cost allocation of training actions.

6. Establishment of the training assessors ' systems.

7. Definition of specific actions to motivate participation in training actions.

8. Establishment of systems for validation, certification and recognition of training action.

9. Receive information about:

The training plan and all the documentation presented to the Tripartite Foundation for Employment or INEM. As well as their modifications.

List of participants after the Plan has been approved.

Individual training permissions authorized by the company.

Article 36. Articulation of the training with the promotion and the professional classification.

-The Training Commission will carry out a number of points to be assigned to each course to be carried out in the company, and will also carry out an assessment of the necessary points that will have to be obtained in order to change of category within the company. Obtaining these points will enable you to attend the training tests that may be called.

-Companies will be able to replace the competition/opposition and the objective assessment with a system of assessment of continuous professional training, followed by the appropriate courses of continuous and occupational training. Equal opportunities for access to training courses shall be guaranteed in any case where the continuous assessment system is used by enterprises.

-Companies will not be able to condition the promotion of workers to ideological, sex, religion, race, political affiliation or union issues; equally, they will respect equal access to any job on the part of man and woman, without any discrimination, as well as temporary or temporary workers, who shall have only the limitations which, by reason of the contractual arrangements, have been legally established.

CHAPTER V

Working Time

Article 37. Time of work.

Given the peculiarity of the functions of the companies affected by this Convention, as well as the activities related to public services, the companies will have full power to establish the shifts and schedules of the staff, always respecting the legal and conventional rules of application. In particular, for the operational areas of Flight Personnel and Aeronautical Staff of the Earth, being included within its scope, it will be fulfilled with the R.D. 1561/1995 according to the wording given by Royal Decree 294/2004 and those standards emanated from the aeronautical authorities in this field.

Thus, in the working day, and without prejudice to the provisions of article 8 of Royal Decree 1561/1995, it will differentiate between effective working time, time to immediate disposition and time of presence, according to the following definitions and for staff within the scope of Royal Decree 1561/1995:

• Effective working time, in which the worker is at the disposal of the employer in the place designated by him and in the exercise of his/her activity, carrying out the functions proper to his/her qualification and/or training on board the aircraft, as well as ancillary work carried out in relation to the aircraft, its passengers or cargo.

• Time of presence, is the one in which the worker is at the disposal of the employer, at the place designated by him, without providing effective work, and waiting or waiting for the activation to occur, understood as communication, by any means, to the worker immediately carrying out an effective work.

• Time to immediate disposition, it is the one in which the worker, being in the place designated by the employer, once the activation has been produced and knowing that an effective job has to be carried out, prepares to start immediately for an effective work period.

Article 38. Day.

The day to be done in the sector for the various collectives is as follows:

Flight personnel.

The maximum number of days of programming will be based on the scheduled hours of daily work and always with a maximum of 225 days of effective work per year.

The maximum number of days of continuous programming will be the one set out in circular 16B of the Directorate General of Civil Aviation.

The maximum day, from January 1, 2012, for the aforementioned 225 days of programming, and in whose computation the training and travel will not be included, will be of 2,000 hours per year, including both the effective working times as times to the immediate disposition and the times of presence. Being in any case the effective working time of 1,760 hours.

During the year 2012, by agreement with the worker, it will be possible to schedule up to 150 hours above the 2,000 hours per year, as a transitional measure of adaptation to the aforementioned maximum day. These hours will be paid to the worker at an ordinary time price.

In terms of travel and training, you will not count within the limit of 2,000 hours per year, the following:

(a) Workers who do not have a stable base: 14 days of travel + travel associated with training and the days employed in such training, excluding those related to obtaining (non-renewal) the type-rating, which if they will compute within the limit of 2,000 hours.

(b) Workers who have a stable base assigned to them: 10 days of travel + travel associated with training and the days employed in such training, excluding those related to the acquisition (non-renewal) of the type-rating. which if they will compute within the limit of 2,000 hours.

(c) In case of exceeding those limits, by agreement between worker and company, the economic compensation may be agreed. Otherwise those days shall be included in the maximum day.

(d) For the financial year 2012, as regards training and travel, it is established that the quantitative limits set out in the preceding paragraphs shall be computed from the signature of this convention.

Line and auxiliary TMAs (that is, those not in central workshops) and rescuers will be included with flight staff, with pilot-like schedules.

A maximum day is set for seasonal jobs, lasting no more than 5 months, of 1,300 hours.

Day for technical ground staff (TMA, s and auxiliaries) and administrative staff.

The annual maximum day for administrative staff will be 1760 H. and 40 additional hours dedicated exclusively to training.

For the TMA, s and auxiliary of Central Workshops, the maximum annual day will be 1,760 plus 40 additional hours dedicated to training.

For the maintenance collective the following day flexibility agreement is agreed:

1. According to the provisions of Article 34.2 of the Staff Regulations, the possibility of the undertaking to distribute irregularly up to 7,5% of the maximum annual working day is established.

2. If it is necessary to extend this limit to 10% of the maximum annual working day, and provided that the workers or their representatives agree, the percentage exceeding 7,5% must be paid in accordance with the conditions laid down in the companies.

3. This distribution may not affect the maximum annual work day limit that is set to 225 days.

4. Procedure for the patted irregular distribution. Between the company and the workers or their representatives, they will agree the procedure to carry out this irregular distribution of the day. In any event, a minimum notice period of three days shall be respected by the undertaking to the worker for the notification of the reduction or prolongation of the day.

Article 39. Rest between days, weekly and public holidays.

With a general character, and except for what is later specified for certain groups, a minimum rest of days of twelve hours will be respected.

1. General staff and administrative staff.

Workers will be entitled to a minimum weekly rest of a day and a half. These weekly breaks can be computed in periods of up to two weeks.

Labour parties, officially marked, which may not exceed those laid down for the place of employment of each worker, when they are employed for the purpose of the activity or service being developed, shall be compensated for with equivalent rest on another date.

Such a break, where appropriate, shall take place on a monthly basis, or in other periods of time, or together with annual leave, determined by common agreement between the undertaking and the worker. In case of disagreement they will accrue to the holidays.

2. Maintenance and flight personnel.

For flight staff, a minimum rest period of ten-and-a-half hours will be observed, with the possibility of compensating for up to 12 hours generally established in periods of up to four weeks, in any case the maximum daily working time of eight hours. As for weekly rest and work parties, at least eight days have to be enjoyed every month.

Article 40. Holidays.

The period of paid annual leave will last for thirty calendar days, and its enjoyment may be split, and in any event a continuous period of 15 days, at the choice of the worker, and enjoy in low season.

For these purposes the definitions of the different seasons are as follows:

High Season: Corresponds to the period from May 20 to September 30.

Low season: The rest of the calendar year.

The holiday period once started may be interrupted at the request of the worker immediately after declaring a disease or accident whose treatment is credited as necessary at the home or in a centre. hospital. The corresponding optional certification shall be required to be sent.

The fraction of the interrupted holiday period will be enjoyed by the company's designation, before December 31 of the year in question. If this is not possible, to continue on the ground, it will be enjoyed, subject to operational needs of the Company, immediately after the medical discharge.

The company, after consulting the legal representation of the workers or, in the event that no such representation exists, to the Joint Commission, will set the criteria for the enjoyment of holidays and will carry out the planning of the holiday calendar. The planning of the holiday calendar will take into account the periods of increased seasonal production activity of the company.

The worker who ceases in the course of the year will be entitled to receive the proportion of the holiday that he has not enjoyed. If you have enjoyed more time than you have to do, you will have to compensate the company for the excess, being able to practice the corresponding discount in the liquidation.

In the event that there is no agreement within the different departments of the company, between the workers and the company, for the choice of the period of enjoyment of the holidays, the regulated procedure will be applied to continuation.

Holiday period choice procedure

The order of preference for the holiday choice will be set by the point system.

To this end, the number of points corresponding to each month of the year shall be allocated to each day of vacation, according to the scale determined below:

Month

Jan.

h/7

Jan.

Feb.

Mar.

Apr.

May.

Jun.

Jul.

Aug.

Sep.

Oct.

Nov.

Dec.

Dec.

d/23

Points

8

0

0

2

5

5

7

11

12

10

6

0

3

8

On November 1, the count of points will be made, considering the vacation days already enjoyed and the scheduled ones still not to be enjoyed. The computation shall be from 1 November of the preceding year until 30 October of the current year.

The order of preference for the holiday enjoyment of the following year will be in reverse with the number of points used in the previous year or, if the same is persisted, the following year.

By common agreement between the company and the legal representatives of the employees of each center, changes or modifications may be negotiated to the current system of choice of vacation.

Article 41. Paid leave.

1. The worker, after warning and justification, may be absent from work, entitled to remuneration, for any of the following reasons:

a) Fifteen calendar days in case of marriage.

b) Two days in cases of child birth or serious illness or death of relatives up to a second degree of consanguinity or affinity. When, for that reason, the worker needs to make a move to the effect, the time limit shall be four days.

c) One day per move of the usual address.

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

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

f) One day to attend family marriage links up to the second degree of consanguinity.

g) For the time required to perform the test and with a maximum of two days.

2. Workers, who are breastfeeding for a child under nine months, 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. The woman, by her will, may substitute this right for a reduction of the normal working day in half an hour for the same purpose or to accumulate in complete days that in no case will be able to exceed the seven working days or working days. The lower-level collective agreements will be able to make improvements at this point. This permit may only be exercised by one parent in case both work.

3. Suspension of the contract of paternity work. In the case of child birth, adoption or reception, 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 reception in two more days for each child from the second. This suspension is independent of the shared enjoyment of maternity rest periods. The suspension of the contract may be enjoyed on a full-time basis or on a part-time basis of at least 50%, after agreement between the employer and the worker, and as determined by regulation. The worker must inform the employer, in sufficient time to enable the undertaking to take the necessary measures, to exercise this right.

4. In the case of births of premature infants or who, for any reason, must remain hospitalized after delivery, the mother or father shall be entitled to leave the work for an hour. They will also have the right to reduce their working hours to a maximum of two hours, with a proportional reduction in salary.

Article 42. Inapplication of the working time.

This Chapter V will not apply to workers classified in the fifth professional group, nor to those who perform functions corresponding to that group, which will be governed by the agreed individually.

CHAPTER VI

Geographic Mobility

Article 43. Bases and work centers.

Depending on the nature of the services and the hiring of the companies with third-party claimants, there will be, in addition to a work centre or main base, where the effective management of the service is located. (a) a company, a number of workplaces, which will be regarded as mobile or roaming centres of work, within which two types of peripheral bases or workplaces to which they may be assigned are to be taken into account. workers:

-Permanent Base: The place of work that remains operational for a continuous period of at least two (2) years.

-Temporary Base: Those workplaces that remain operational for a period of less than two (2) years.

Article 44. Types of displacements.

Given the special nature of the services that these companies fulfil, the non-subjection of the same to a particular territory and the needs to address them at every moment, the transfers and displacements of the workers within the national territory or outside the territory, it shall be decided freely by the undertaking, taking into account the needs of the service. Two types of displacement are defined for these purposes:

-Stable offset: This is the one by which the worker is displaced for a time not less than one (1) year.

-Temporary offset: The one in which the worker is displaced for a time less than one (1) year.

The company will inform the worker about the destination and the base in which it will have to provide its service initially, all according to the definitions of job centers, peripheral bases and displacements previously defined. As long as the needs of the service permit, the company will encourage steady-state displacements, both on a permanent and temporary basis.

A worker who has been permanently or permanently displaced to a permanent or temporary basis cannot be temporarily displaced to another base for a period, in annual computation, exceeding five (5) months. All travel days as well as free days during the journey shall be included for the calculation of this period. This period of five (5) months may be exceeded provided that there is agreement with the worker.

The necessary travel days, for the positioning from the permanent base to the temporary one and vice versa, will be computed as worked. In the event that a worker in a stable manner has to carry out a temporary posting, he or she shall be notified of a minimum of five (5) days in advance of the date of effectiveness of the posting, except in circumstances of The urgency of the matter is to reduce the time limit to the minimum required.

Article 44a. Permuta.

In case of agreement among the workers, as long as the function performed is equivalent, the same ones will be able to ask the company the permuse of their jobs, remaining to the decision of the company, once analyzed the conditions, the granting of the said swap.

Article 45. Diet.

The amount intended by the company to compensate for the usual expenses of daily subsistence and subsistence of its employees, caused by reason of displacement. Regardless of the type of movement and considering the special characteristics of the services provided by the companies, and the fact that the helicopters, given their mobility, may be in places other than their home base, which can (a) to ensure that workers who provide such services have to stay away from their usual place of service, shall be entitled to an amount agreed with the undertaking to compensate for expenses such as maintenance and subsistence; with a fixed amount, or by payment of duly justified expenditure.

Article 46. Offsets on temporary offsets.

Whenever a worker is temporarily moved to a base (permanent or temporary) other than the one initially assigned to it, the company will have an obligation to pay the worker the following concepts:

1. Travel expenses, in the means of transport decided by the company.

2. Daily diet, as set out in the previous article.

Article 47. Requirements on stable displacements.

In addition to what was established in the previous case for temporary displacements, and in the event that for the needs of the service a worker assigned in a stable manner on a permanent or temporary basis, had to be displaced to another in a stable manner, i.e. for a period of not less than one year, the following requirements may be observed:

1. Notice 30 days in advance, in writing.

2. Motivation, in writing, of the causes justifying the change of destination.

CHAPTER VIII

Unpaid leave and licenses

Article 48. Excess.

Excess may be voluntary or forced.

Enforced leave. This surplus, which shall be entitled to the preservation of the post and to the calculation of the age of its validity, shall be granted by the designation or election for a public office or for the exercise of trade union functions in the terms laid down in the Article 9 (1) (b) of the Organic Law on Freedom of Association which makes it impossible for work to be attended. The re-entry must be requested within the month following the end of the public office.

Voluntary Leave. The worker with at least one year's age in the company has the right to be recognised as being on a voluntary basis for a period of not less than four months and no longer than five years. This right may only be exercised by the same worker again if four years have elapsed since the end of the previous leave.

The time of the duration of voluntary leave will not be computed for any work effect.

The request for excess will be resolved by the company within a maximum of one month from the request for recognition.

The worker on a voluntary basis shall not be able to provide services in another undertaking engaged in air transport, air work, heavy maintenance and repair or aircraft, as well as any other activity included in the the functional scope of this agreement, unless expressly authorised by the Convention, producing the non-compliance with the definitive cessation of the surplus.

The voluntary surplus that does not apply for re-entry one month before the termination of the leave period will cause the company to be permanently low in the company without any right to compensation.

The return of the voluntary surplus will be conditional on the existence of a vacancy in your professional group and operational area. However, if there is no vacancy in the same job, it shall be entered in a separate place for which the vacancy exists, provided that the worker fulfils the conditions required by the undertaking and the working conditions of the this job position. However, if there is a vacancy on your job, you must enter it.

If there are multiple workers in such a situation, the incorporation will occur in a way that takes precedence over the worker, within his/her specialty/operational airline, that would have remained active in the company longer.

In any case, the re-inbuilt technical staff shall undergo the retraining and inspections to be determined by the Operations/Maintenance Directorate, and in accordance with the rules of the aeronautical competent authority, for the purposes of to update and verify the maintenance of the technical capacity of the worker. If you do not voluntarily submit to that process you will lose the right to return.

Such courses and retraining will be borne by the company, generating a new obligation to remain in accordance with the provisions of this collective agreement.

The Operations Directorate will be the one to designate in each case the fleet to which a pilot will be rejoined after a voluntary leave.

-Other voluntary surplus assumptions:

Excess for child care or family care. 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 permanent or a permanent preadoptive, to be counted from the date of birth or, where appropriate, of the judicial or administrative decision.

They will also be entitled to a period of leave of absence, lasting no more than two years, unless a longer duration is established by collective bargaining, workers to care for the care of a family member, until 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 in this paragraph 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.

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

The situation of surplus may be extended to other collectively agreed assumptions, with the scheme and the effects that are provided.

CHAPTER IX

Salary

Article 49. Salary and other perceptions.

The salary and other perceptions of the companies affected by this Convention are set out in the non-exhaustive, fixed, variable and extranalarial remuneration concepts, which are set out below, without prejudice to the by negotiation in companies with the legal representatives of workers, they can be modified, reduced or extended.

All the tax and social charges borne by the worker will be met by the worker, with no pact to the contrary.

All workers ' economic perceptions, in money or in kind, will be considered as wages for the professional provision of employment services for an employed person.

They shall not be considered to pay the amounts received by the worker in respect of the expenses incurred as a result of their work, the allowance, the benefits and Social Security allowances and their improvements and allowances for transfers and suspensions.

It is also agreed in general terms, and as a part of the wage structure, the establishment of various wage supplements according to circumstances relating to personal conditions is detailed below. the worker, the work performed or the situation and the results of the undertaking, the establishment and calculation of which, as well as the consolidable character, or not, of the same, shall be carried out in accordance with the criteria laid down in each undertaking, any case, the character of the consolidables giving back personal conditions of the worker, and without any obligation that the undertakings included within the scope of this convention include in their wage structure each and every one of the concepts which will then be defined.

Depending on the above concepts, and according to the wage structure that in practice, each of the companies affected by this agreement come into effect, the benefit of the work in question is paid (a) the conditions under which it is developed, and in its determination and determination have been taken into account, in addition to the provision of the actual work itself, the above conditions, which, by way of a statement and not Limited, it can be availability, guards and times of presence and immediate disposition, Community, work on holidays, shift work, etc.

1. Base salary: This concept repays the benefit of the work itself, and taking into account the structure and duration of the maximum annual working day set out in Article 38 of this Convention.

2. Extraordinary accruals of accrual per month: They shall be made up of two extraordinary amounts equal to the basic salary. One of these payments will be paid at Christmas and the other one in the month that is decided between the company and the workers. These pages may be prorated monthly.

3. Pluses: This concept compensates for the degree of special difficulty, responsibility and autonomy, which involves a specific activity comprised in the performance of the assigned job.

4. Premiums: This concept repays all the personal and personal conditions of the workers.

5. Bonus: This concept rewards the worker, in accordance with the company's situation or results, as well as the compensation for the excess of hours that may be made during the period of adjustment provided for in the article relating to the working day job.

6. Overtime: This concept pays back the hours of effective work that, within the legal maximum, can be performed by workers in excess of the ordinary working day that has been agreed. They are not included within this salary concept excess of hours that could be performed during the period of adjustment regulated in the article relating to the working day.

Yearly economic minimum perceptions:

A minimum annual gross economic perception is established for each of the operational areas and professional groups defined in Articles 29 and 30 of this Convention, of the following amounts:

Group 1

-

Euros

Group 2

Group 2

Euro

Group 3

-

Euros

Group 4

-

Euros

Group 5

Group 5

A. 1

10.802.89

12.561.50

17.945.02

19.141.35

-

A. 2

10.802.89

11.365.17

14.356.02

14.954.18

-

A. 3

16.748.69

-

A. 4

10.802.89

14.356.02

-

A. 5

10.802.89

10.802, 89

 

-

B. 1

10.802.89

11.365, 17

14.356.02

14.954.18

-

B. 2

10.802.89

10.802, 89

14.356.02

14.954.18

-

C. 1

10.802.89

10.802.89

14.356.02

14.954, 18

-

The minimum amounts established here are structured according to the salary concepts defined above, points 1 to 5, according to the wage structure that in practice, each of the companies affected by this agreement applying.

For the calculation of the price of the ordinary hour, the business practice shall be applied, without the calculation being lower than that resulting from the application of the tables which, as a minimum, are included in the Convention.

The present amounts will be updated and reviewed annually through the implementation of the actual I.P.C., which will be published by the competent authority for each year or through the application of the wage moderation measures that are agree between employers and trade unions, in the exercises in which this occurs. It is established as the first exercise in updating and reviewing salary tables in 2006.

Article 50. Equal pay on grounds of sex.

The company is required to pay for the provision of equal-value work equal pay, without any discrimination on grounds of sex.

Article 51. Settlement and payment.

Settlement and payment of wages will be done for months due.

The payment of the salary, benefits and supplies, may be made by the company in legal tender, check or other similar payment method through credit institutions.

The payment documentation of the salary will consist of a receipt containing the different employee's perceptions with due clarity and separation, as well as the deductions that are legally or conventionally derived.

CHAPTER X

Prevention of health and occupational health risks

Article 52. Principles and general aspects.

Companies falling within the scope of this Convention consider that the prevention of possible harm to persons, whether workers, suppliers or customers, is such an important and priority objective. as any other that can be defined for your business management. The basis for such an approach is:

A self-prevention service in legally enforceable cases.

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

A framework for training, information and consultation, at management and workers, appropriate and continued.

To this end, they undertake to integrate the prevention of occupational risks in all their activities and provisions, both in the technical processes, in the organization of work and in working conditions, and in the the hierarchical nature of these companies, assuming preventive policy at all levels, providing the workers with the necessary preventive measures, adopting collective and individual protection measures, ordering their correct use and monitoring the proper compliance with prevention measures.

On the other hand, the worker is obliged, in the development of his work duties, to observe the legal and regulatory measures in force in this field.

As long as there are certain conditions that are contrary to occupational health and/or may result in the risk of accidents, workers will put it to the knowledge of the Prevention Delegates to adopt the measures. appropriate to make the potential risk situation disappear.

Article 53. Regulations.

In all matters concerning the safety and health of workers, it shall be subject to the provisions of Law 31/1995 of 8 November 1995 on the Prevention of Occupational Risks (LPRL) and the provisions of the provisions of this Directive. complement and develop the same, or those whose enactment replaces them.

Current labour health and occupational risk prevention legislation is enforced by the companies and workers affected by this Convention.

Article 54. Prevention plans.

Prevention plans will be based on the following objectives:

Establishing an effective and integrated risk prevention policy for all actions that are developed in companies.

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

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

The participation of workers ' representatives shall take effect in the form and terms indicated in the LPRL or rules whose promulgation they replace, except for the matters governed by this Convention, provided that they do not contravene the rules in force, which will be of preferential application.

Prevention Plans shall be carried out in accordance with the provisions of Article 9 of the Prevention Services Regulation or rules for which they are intended to be enacted.

Article 55. Prevention Delegates.

The Prevention Delegates are the representatives of the workers with specific functions in the field of risk prevention at work. They shall be appointed by and among the representatives of the legal representation of workers in the undertaking in accordance with the scale laid down in Article 35 of the LPRL.

Article 56. Prevention Services.

Prevention Services shall be governed by the provisions of the law in force, and shall have the means appropriate to the characteristics of the respective companies.

Prevention Services must be in a position to provide companies and workers with the advice and support they need, depending on the types of risk in them, in terms of:

a) The design, implementation and coordination of preventive action plans and programmes.

(b) The assessment of risk factors which may affect the safety and health of workers in the terms laid down in Article 16 of the LPRL.

c) The determination of priorities in the adoption of appropriate preventive measures, and the monitoring of their effectiveness.

d) Information and training of workers.

e) The provision of first aid and emergency plans and evacuation to external medical centres, in case of need.

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

g) The choice of Individual Protective Equipment, when necessary.

Article 57. Risk assessment.

The risk assessment shall be carried out by the respective Prevention Services, in accordance with the procedures established after consultation with the workers ' representatives.

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

Article 58. Protocols for procedures for the investigation and control of accidents at work.

It will be agreed between the representation of the workers and the company a document on the procedure of investigation and control of the accidents of work, having to receive the legal representation of the workers, on the the basis of this document, monthly information on accidents at work that occur in order to be able to carry out better monitoring and monitoring of them.

Article 59. Information, consultation and participation.

Companies will take appropriate measures to ensure that workers receive all the necessary information in relation to the risks to the safety and health of workers at work. In undertakings which have a representative of the employees, the information referred to in this Article shall be provided by the employer to the employees through that representative.

Article 60. Training in the field of prevention.

Companies undertake to provide preventive training to all workers and controls, and this will be programmed into prevention plans.

The training in this subject will be focused on the job and will be about:

Potential Risks.

Products that are used.

Prevention procedures.

Mechanical protections.

Individual protection equipment (EPIS), correct choice, use, operation and maintenance.

Manipulation of loads, equipment, display screens, etc.

The training will have two areas: one, to be taught along with the technical courses, which will refer to the specific topics of the course itself. Another general type, about and in the same job.

Command-led training will include normative content, prevention techniques, and the necessary aspects for the development of your work.

Prevention training will always take place within the working day and will not cost workers any cost.

CHAPTER XI

Trade union representation

Article 61. Rights of collective representation.

Agreement on elections to workers ' representatives.

The Spanish Association of Air Companies (AECA) and the Trade Union Organizations Workers 'Commissions, General Workers' Union, the Spanish Union of Air Lines Pilots (SEPLA) and the General Confederation of Workers (CGT), under the provisions of Article 88.3 of the Staff Regulations, subscribe to this Agreement on elections to bodies of unitary representation of workers in the field of undertakings engaged in the provision of services of transport services and aerial work with helicopters.

The parties, recognizing each other in a mutual and express manner sufficient to subscribe to this Agreement on elections to organs of unitary representation of workers in the field of reference, agree that the call for elections to legal representatives of workers in the field defined for the sector of reference, shall be governed by the general provisions of the recast text of the Staff Regulations, taking into account the The provisions of Royal Decree 1844/1994 of 9 September 1994 approving the Regulation Elections to Organ of Workers ' Representation in the Company.

However, given the dispersal of workers and their provision of services in different Bases of work which could result in a certain number of workers being left without representation, in those cases where, taking into account the total number of employees providing their services in the same undertaking, a unitary representation body may be set up for all of them considered as a whole-irrespective of the actual place of service services-by grouping the censuses corresponding to the various centres of work and the (i) the promotion of general elections in a number of territorial areas will be sought by the most representative trade union organisations and the undertakings concerned, in order to ensure a system of unitary representation for the set of workers in the company.

It will be applicable to the labor relations governed by this collective agreement, the legislation in force on the law of labor representation, organs of representation, freedom of association and assembly and the agreement in the Present Convention.

Article 62. Member guarantees of the Companies Committees.

The members of the business committee and the staff delegates, as legal representatives of the employees, shall, except as provided in the collective agreements, have the following guarantees:

(a) Opening of an adversarial file in the case of serious or very serious misconduct penalties, in which the interested party, the Business Committee or the other Staff Delegates shall be heard.

(b) Priority to remain in the company or work centre with respect to other workers, in the case of suspension or termination for technological or economic reasons.

c) Not be dismissed or punished during the performance of his duties or within the year following the expiry of his term of office, except where the term of office is due to revocation or resignation, provided that the dismissal or penalty is the action of the worker in the exercise of his or her representation, without prejudice, therefore, to the provisions of Article 54. It shall also not be discriminated against in its economic or professional promotion, precisely because of the performance of its representation.

(d) To express, collegiately whether the Committee is concerned, with freedom its opinions in matters concerning the sphere of its representation, being able to publish and distribute, without disturbing the normal development of the work, publications of employment or social interest, communicating it to the company.

e) Dispose of a credit of paid monthly hours each of the members of the committee or delegate of staff in each working center, for the exercise of its functions of representation, according to the following scale: Staff delegates or members of the Business Committee:

1. º) Up to one hundred workers, fifteen hours.

2. º) One to two hundred and fifty workers, twenty hours.

3. º) From two hundred and fifty-one to five hundred workers, thirty hours.

4. º) From five hundred to seven hundred and fifty workers, thirty-five hours.

5. º) Of seven hundred and fifty and one from now, forty hours.

The accumulation of hours of the various members of the business committee that had attended the elections as part of the same candidacy may be agreed upon by the companies affected by this collective agreement. union and, where appropriate, staff delegates, in one or more of its components, without exceeding the maximum total, and may be relieved or relieved of the work, without prejudice to their remuneration.

Article 63. Professional Sigilo.

The representatives of the workers and delegates of the trade union sections undertake to keep, where appropriate, the professional reservation and secrecy required by the laws and in particular Article 65.2 of the E. T, information and documentation provided to them by the company.

CHAPTER XII

Disciplinary regime

Article 64. Principles of organisation of the sanctioning procedure.

1. The present rules of the disciplinary regime seek to maintain the labor discipline, which is a fundamental aspect for the normal coexistence, technical ordination and organization of the companies, as well as the guarantee and defense of the rights and legitimate interests of workers and employers.

The disciplinary faculty shall be exercised in the manner laid down by these rules. The exercise of this power includes the knowledge of the sanction that could be imposed for workers ' and contractual violations of the workers, in accordance with the assessment of the faults and penalties provided for them.

2. Any fault, provided that they constitute contractual and guilty breaches of the worker, may be sanctioned by the Management of the Company in accordance with the graduation set out in this Chapter.

3. Any failure committed by the workers shall be classified as minor, severe or very serious.

4. Any penalty, except for verbal admonition, shall require written and reasoned communication from the Company to the worker who shall be entitled to the three-day period of time to plead as appropriate in the defence of his interests.

5. The legal representatives of the workers and, failing that, the Joint Committee of this Convention, shall be informed of any penalty imposed for serious and very serious misconduct.

Article 65. Graduation from fouls.

1. Minor faults shall be considered:

a) Up to three punctuality faults in the entry or exit of the service or job within one month.

(b) Unjustified inattendance at the work of one day during the one month period, and provided that it does not cause serious harm to the Company.

c) Failure to report due lack of work for justified reasons, unless it is not possible to notify it.

(d) Abandonment of the post without cause for short periods of time when it does not prejudice the production process or cause risks to the integrity of persons or things, in which case it may be qualified, depending on the severity, such as severe or severe fault.

(e) Neglect of the tools and materials that are in charge of or are responsible for and that produce slight deterioration of the tools and materials.

f) Lack of grooming and cleaning on the person or uniform.

g) Do not communicate to the Company with due diligence the changes of domicile, as well as the variations in the family situation that may have an impact on the Social Security and/or Public Finance, except that damages for the Company, in which case it may be qualified as serious.

(h) In case of illness, the worker's omission to send the Company notice on the day of his first failure to work for any procedure, unless it is impossible to do so by himself or through another person.

i) Not to be located when for reasons of service it must be located, except where serious damage to the company is generated, in which case it will be a serious fault.

j) Do not take the justification of absences to work in due time, unless it is proved impossible to do so.

k) The lack of uniform use during work, when so established without cause to justify it, or its misuse.

2. Serious faults shall be considered:

a) Lack of grooming that produces justified complaints from coworkers.

(b) The reoffending in the absence of uniform use during work, where this is established, without reason to justify it, or its misuse.

c) More than three punctuality faults in the entry or exit of the service or job within one month.

d) The first lack of punctuality when serious damages are incurred for the Company, unless it is proven that it is due to a non-attributable cause to the worker.

e) The lack of work attendance two days in a month, without cause to justify it.

(f) The simulation of disease or accident, without prejudice to paragraph (g) of the following point.

g) Performing during the day particular jobs.

(h) Indiscipline, disobedience or non-compliance with orders received from superiors, operations manuals, maintenance manuals and work instructions, including non-compliance with security measures and hygiene, as well as the recklessness, negligence or inexcusable carelessness in the work, except that they would result in serious damage to the Company, causing breakdowns to the facilities, machinery, aircraft and, in general, goods of the Company or Risk of accident to persons, in which case they will be considered as faults very

i) The lack of communication to the Company of the defects or anomalies observed in the tools, tools, vehicles, aircraft and works in charge of the Company, when this has caused injury to the Company.

j) The decrease in normal performance in the work in a non-repeated manner, which is not due to pathological causes that entail the need for the worker to undergo medical treatment, unless this decrease is voluntary and continuous that will be rated as very serious.

k) Lack of attention and courtesy with the public or customers not reiterated.

l) Do not send to the Company, by any means, the parts of low and high due to illness, accident and maternity within three days, as well as the confirmation parts of the previous situations within the period to determine the current regulations at any time.

m) Hindering, malicious omission and distortion of data that has an impact on Social Security.

n) Consumption of alcohol, toxic drugs and drugs during work or service delivery time.

(o) Those arising from the provisions of paragraphs (b), (d) and (g) of point 1 of this Article.

p) The recidivism or reiteration in the commission of minor faults, even if they are of different nature.

3. Very serious faults will be considered:

(a) Unjustified impuntuality at the entrance or exit of the service or job on ten occasions for six months or twenty for one year.

b) The lack of three days or more to work in a period of one month, without reason to justify it.

c) The usual drunkenness or drug addiction, during work or service delivery time. In the case of flight or operational staff, taking into account the special characteristics of their functions and the activity to be carried out, the requirement of habituality will not be necessary, and the presentation for the purpose of the the provision of the service or flight activity, under conditions of drunkenness or under the influence of toxicological substances.

d) Simulate the presence of a partner by signing or signing the assistance to the job, as well as changing the shift or work schedule without the express authorization of the Company. This sanction shall be extended to the supplanted, unless it proves its non-participation in the event.

e) Perform jobs, without authorization from the Company, for another Company whose activity is similar, or perform an activity that falls within the Company's competence.

(f) The abuse and the offence of word and deed or the serious lack of respect and consideration for the bosses, the companions or subordinates and/or their family members and against the Company itself.

g) Perform jobs of any kind, self-employed or otherwise, being the worker of sickness, accident or maternity leave. Any manipulation made to prolong the discharge, as well as the carrying out of activities likely to be a delay in the recovery of the worker, shall also be included within this paragraph.

h) Employing useful, tools, machinery, vehicles and, in general, enterprise goods for uses other than those of the work entrusted, even outside the working day, without express authorization

(i) Origin of rines, bathrobes or serious and noticeable discussions with colleagues when it is detrimental to the Company, or occurs in service.

j) Disloyalty, fraud or breach of trust in the management of the company, theft or theft of property owned by the company, colleagues or any other person within the company's premises or during the working day elsewhere.

k) The repeated non-use of the security and hygiene protection elements.

l) Lack of attention or courtesy to the public or customers, reiterated and inexcusable.

m) Acceptance of any kind or form in matters relating to your employment in the Company.

n) The transgression of good contractual faith, as well as breach of trust.

o) Sexual harassment or sexual, verbal or physical assaults directed against the dignity or privacy of persons.

p) Disclosure of any company's internal data relating to aircraft, fuel, name and number of passengers, date of flight of the same or any other matter related to the activities of the companies or exploitation, as well as the disclosure to persons other than the Company of the internal march of the same, providing data by reason of the position that it carries out, unless it has the prior written consent of the company.

q) Abuse of authority and workplace harassment by those who perform command functions.

r) Psychological or moral harassment.

s) Failure to comply with community-essential services agreed upon or established by the competent authority in the event of a strike.

(t) Those arising from the provisions of paragraphs (d), (1) and (g), (h), (j), (l) and (m) of paragraph 2 of this Article.

u) The concealment of circumstances, when they are known to them, that affect flight safety or complicity in the concealment of them.

v) The reoffending or reiteration in the commission of serious faults, even if they are of different nature.

Article 66. Penalties.

1. The maximum penalties which may be imposed by the commission of the faults listed in the previous Article shall be one of the following:

a) For minor lack:

Verbal admonition.

Written admonition.

Suspension of employment and salary of up to two days.

b) For severe missing:

Suspension of employment and salary from three to fourteen days.

c) For very severe missing:

Suspension of employment and salary from fifteen days to two months.

Disciplinary dismissal.

2. The penalties which may be imposed on the work order are without prejudice to the passing on of the fault to other bodies of the Administration or to the orders of the jurisdiction if the offence is punishable by administrative, civil or other penally.

3. Undertakings, where necessary for a better understanding of the true scope and nature of the facts, may be required to suspend the suspension of employment of the worker concerned for a maximum period of two months, which is at the disposal of the the Company during the time of the suspension.

4. In the event that it is considered appropriate to open an information file in order to make those inquiries which are necessary and to collect the appropriate information for a better understanding of the true scope and nature of the facts, as well as the responsibilities which may arise from them, the limitation period laid down in Article 60 of the Staff Regulations shall be brought to a standstill for a maximum period of 60 days from the start of the investigation. and until the imposition, if any, of the sanction, provided that this fact is communicated to the responsible.

In these cases, you will be dealt with allegations to the alleged person responsible throughout the file, for a maximum period of 5 days.

Notwithstanding the above, the prescription will in any case occur within six months of the failure to be committed.

5. Companies, for the purposes of recidivism, shall keep a record of disciplinary records.

The unfavourable annotations which, as a result of the sanctions imposed, could be recorded in the personal files will be cancelled after the following deadlines are met:

a) Mild high: 2 months.

b) Severe high: 4 months.

c) Very severe high: 8 months.

CHAPTER XIII

Social enhancements

Article 67. Accident insurance.

The signatory parties agree that in the scope of the agreement, an accident insurance should be signed covering all the collective of the company's staff, with a minimum capital of 50,000 euros.

Article 68. Pension plan.

The parties to this Convention are aware of the situation in which the public pension system is going through, and of the concern that this creates for workers. Accordingly, the Company undertakes to establish a social security system to supplement the retirement, permanent invalidity and death benefits recognized by Social Security.

This complementary system will be preferably implemented through Montepio Loreto Mutualidad de Previsión Social, Institution with wide trajectory and prestige for its specialization in the Air Sector and for the results that you have historically been getting.

The contribution of the company will be 50% of the established quota, corresponding to the other 50% to the worker. For the formalisation of this pension plan, the formal application of the worker to join the pension plan is necessary and prescriptive.

The amounts to be contributed to this plan, both by workers and by company to the subscription of the plan, will be linked to the billing and the results of the years 2011 and 2012 of the company and to the agreement with the representation Legal of the Workers, taking as a reference, in their case, the minimum contribution established by Loreto at that time.

Article 69. Implementation of social improvements.

The signatories agree that these improvements, which have the character of voluntary improvement of the protective action of social security, may be replaced by other social measures previously agreed by the workers or their representatives, within the undertaking, to replace or improve those referred to in this Chapter.

In the event of a dispute regarding the social improvements, which exist within the companies, and the implementation of this Chapter, the parties will raise their consultation with the Joint Committee of the Convention.

Additional disposition first. Neglect clause.

In accordance with the provisions of Article 82.3 of the Workers ' Statute, when causes are present in the Staff Regulations and in accordance with the procedures described in the aforementioned article, it may be possible to proceed, prior to the development of a period of consultation under Article 41.4, to the effect on the undertaking of the working conditions laid down in the applicable collective agreement, whether in the sector or in the enterprise, which affect the following matters:

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 this Law.

g) Voluntary improvements to the protective action of Social Security.

In any case, the provisions of Article 82.3 of the Workers ' Statute will apply to these effects.

Additional provision second. Commission of study of professional classification.

The signatory parties undertake to constitute a Commission for the study of the professional classification system.

Final disposition first. Entry into force.

This collective agreement, regardless of the day of its publication in the "Official Gazette of the State", shall enter into force on the day of its signature by the parties concerned, and shall be valid for three years from the date of its signature. entry into force, i.e. for the years 2012 to 2014.

With regard to the provisions of the fifth paragraph of Article 38 concerning travel and training of flight personnel, the entry into force shall take place on the day following the date of signature of this Convention.

And in proof of conformity is signed the present in Madrid ............................

union Representation Business Representation