Advanced Search

Resolution Of 17 July 2012, Of The Directorate-General Of Employment, Which Is Recorded And Published The 20Th Collective Agreement For Cooperative Credit Societies.

Original Language Title: Resolución de 17 de julio de 2012, de la Dirección General de Empleo, por la que se registra y publica el XX Convenio colectivo para las sociedades cooperativas de crédito.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

Having regard to the text of the XX Collective Agreement for Cooperative Credit Societies (Convention Code No. 99004835011981), which was signed, dated May 23, 2012, by the National Union business organization of Credit Union (UNACC), representing the companies in the sector, and of the other by the trade union organizations CC.OO. and UGT, representing the working group concerned, and in accordance with the provisions of Article 90 (2) and 3, of the Law of the Workers ' Statute, Recast Text approved by Royal Decree Legislative 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 said collective agreement in the corresponding Register of collective agreements and agreements working through electronic means of this Management Center, with notification to the Negotiating committee.

Second.

Arrange your publication in the "Official State Bulletin".

Madrid, July 17, 2012. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.

XX COLLECTIVE AGREEMENT FOR COOPERATIVE SOCIETIES OF CREDIT

CHAPTER I

Scope

Article 1. Territorial scope.

This Convention applies to all Spanish territory.

Article 2. Personal and functional scope.

This Convention regulates labor relations between the Cooperative Credit Societies, on the one hand, and the personnel who provide their services, on the other.

Article 3. Temporary scope.

This Convention shall be for a period of four years, i.e. from 1 January 2011 until 31 December 2014, and shall enter into force from the date of its publication in the BOE. However, the economic effects shall apply from 1 January 2011, except for those concepts in which another date is indicated.

Article 4. Extensions and denunciation.

This Convention shall be deemed to be tacitly extended for annual periods, unless it is claimed by either party at least three months before the date of its expiry.

CHAPTER II

Warranties

Article 5. Compensation and absorption.

1. The Convention compensates and absorbs any improvements made by personnel, either through other Conventions, awards or agreements, or by unilateral decision of the companies, according to annual computation.

2. This Convention shall also be absorbed, as far as possible, by the economic effects which may result from legal or administrative provisions which come into force after the signature of this Convention, which is considered to have been annual computation.

CHAPTER III

Income, professional classification, promotions and economic promotions

Article 6. Tests and testing period.

1. The income of the employees will be made in accordance with the existing legislation. In the case of income in which the collective test is carried out on a systematic and standardised basis over the course of a year, the undertakings shall provide the legal representation of the workers with information on the content and objectives of the selection tests and the results thereof, to facilitate the transparency of the selection tests.

2. In accordance with the provisions of the existing legislation and as a measure of the promotion of indefinite procurement, a trial period of up to nine months may be agreed for such contracts.

When the worker has been linked to the same entity on a temporary basis and developing the same function, the test period agreed upon in that contract shall be computed for the purposes of the maximum of 9 months established in the contract. previous paragraph.

Article 7. Professional classification.

Staff within the scope of this Convention shall belong to one of the following three professional groups:

i) Steering Group: The roles and functions of this group, however, are their regular working relationship, are the preparation and/or collaboration with the Governing Councils in the decision-making process. definition and proposition of the business strategy, the elaboration of the annual operational plan, the setting of assets or liabilities, the results or expansion of the entity, as well as the monitoring of the budget.

Likewise, the task of finding and proposing criteria to improve the productivity, definition and orientation of the social policy of the entity is included in this group, always having as a characteristic the maintenance of an overall view of the entity and its objectives.

The working conditions of the staff employed in this group shall be those established as an imperative in the Staff Regulations, in their employment contract or appointment or recruitment agreement adopted by the the governing body or the administration of the undertaking and, as far as is not foreseen or excepted in them, those of this Convention which are applicable.

ii) Administrative and management group: Comprises this group to those responsible and responsible for carrying out the activities of the daily business of the business, in its different aspects, including:

The organization and management of the administrative, management, business, promotional or control activity under your responsibility.

The coordination of the different activities corresponding to their management level with those in other areas of the business.

The execution of the decisions and missions entrusted by the managers of the Directorate.

The provision of administrative, computing, or management support tasks.

The provision of tasks related to the administrative function.

iii) Various trades group: The employees are comprised of those who are entrusted with tasks not specifically banking, but if support and support, such as drivers, unskilled personnel or personnel maintenance.

Article 8. Remuneration levels.

Within each professional group, the remuneration levels set out in Annex I to this Convention are distinguished, in which the salary equalization of the categories listed in the repealed Labour Ordinance is established for the Cooperative societies of credit to each of the levels of remuneration in which they are subsumed, such categories being extinguished and their functions being attributed to the corresponding professional group. As a result, functional mobility within the company will not have any other limitations than those required by academic or professional qualifications to exercise the work provision and membership of the professional group.

Without prejudice to the foregoing and only for the purposes of the liability of employees in the performance of their duties, the latter shall be graduated on the basis of the recognised remuneration, in such a way that the higher remuneration corresponds to increased responsibility.

Article 9. Professional and economic promotion.

The promotion and access of employees within each of the professional groups described in Article 7 shall be produced taking into account the criteria of seniority, merits and training to be determined in the exercise of their organisational powers on the part of the entities.

Without prejudice to the general provisions of the preceding paragraph, the following assumptions for the promotion of employees of the professional group II are laid down:

• Staff who are recognised as level 10 shall be entitled to the remuneration level 9 after four years of services actually provided in that level 10 at the institution.

• Staff who have recognized the remuneration level 9 and have spent six years of effective service in it will be entitled to the remuneration level 8.

• The staff who have provided their effective services for six years with the salary level 8 will be entitled to the remuneration level 7.

Article 10. Professional and economic promotion of the Directors of the Office.

1. Employees who are appointed as Head of Office and who are expressly designated for this purpose and with at least one employee in their position shall be promoted to Group II level 6 after three years of delivery in that post. The economic effects shall be produced from the entry into force of this Collective Agreement.

2. In single-person offices, the promotion referred to in this Article shall be carried out at Group II level 8 and within the same period.

Once level 8 has been reached, single-person office managers will promote to level 7 after 5 years in the performance of their managerial functions, counted from the acquisition of level 8.

3. This Article shall not apply in respect of those employees assigned to the establishment of an office with more than one employee who are entrusted with a part-time branch, as well as employees hired on a part-time basis.

CHAPTER IV

Geographic Mobility

Article 11. Rotation by departments.

The worker is entitled to the change after three years in his or her job, prior to communication to the company six months in advance.

When the work carried out by a pregnant woman may endanger the pregnancy, according to the optional prescription, she shall be entitled to be assigned a new job under the appropriate conditions, without reduction of the salary, returning to the previous position after this situation completes.

Article 12. Geographical mobility.

Companies will be able to make changes in jobs that will not have the consideration of relocation or geographic mobility, within a single square, or of a radius of 25 kilometers from the center of the municipality where the workers provide their services to the signing of the Convention, or from where they are voluntarily transferred, and those who are admitted after they are destined. The application of the radius of 25 kilometers does not reach the change between islands.

Transfers at distances above 25 kilometres may be carried out by individual or collective agreement. By default, the entities may carry service needs no more than 5 per 100 of their template.

Article 13. Supply for holidays.

Without prejudice to the provisions of the previous article, during the holiday period, workers may be displaced to offices or workplaces other than their destination, within the limit of the province, with a temporary and while another employee is enjoying the annual leave, provided that this is determined for technical, organizational or productive reasons, giving an account to the Staff Committee or Delegates.

In no case shall the period of supply exceed thirty calendar days during the year, and when fractionated, the minimum periods shall be ten calendar days.

During this period, the worker will be satisfied with the corresponding amounts of allowances, expenses and mileage, including weekend visits to his or her family.

CHAPTER V

Day and Time

Article 14. Day and time.

1. The maximum working day for the sector, in annual computation, will be one thousand seven hundred hours. The maximum working day shall be fulfilled in accordance with the working hours of the staff defined in this Article and the general rules of application.

2. The following continued schedule is set:

• Monday to Friday: Eight to fifteen hours.

• Saturdays: Eight to thirteen thirty hours.

• Saturdays Bookstore: Saturdays from April 1 to October 29 will be released.

3. Alternatively, the match schedule is set, which follows:

• Monday to Thursday: Eight to seventeen hours, with an hour of lunch break.

• Friday: Eight to fifteen hours.

• From June 1 to September 30: Monday to Friday, from eight to fifteen hours.

• Bookstore from every Saturday of the year.

The match schedule will be voluntary and will be offered by each company to the employees they deem convenient. The acceptances received may not be applied in more than 25 per 100 of the work centres of each company or assume more than 25 per 100 of the employees of each entity. Each credit union shall communicate to the trade unions which are signatories to the Convention the centres affected by the time-partition which is defined here and the nominal relations of the employees concerned at each centre, as the new timetables they are being implanted, as well as their modifications.

To employees who perform the schedule defined at this point in work centers located in municipalities of more than 15,000 inhabitants, they will be paid 7 euros for each day in which they effectively comply with the match schedule, in terms of food aid.

4. In those places where the staff agree to request it through the representatives of the staff, with the agreement of the company in this case, or also on its own initiative, another agreement may be established working hours of equal duration and annual average to which it is necessary to apply the schedule contained in the number 2 of this article, agreement which shall be communicated to the Joint Committee on Surveillance of the Convention for its knowledge and dismissal if not procedure.

5. Exceptionally, on the working days, which in each case integrate the calendar week in which each locality celebrates its largest annual holiday, the working day shall be four hours of effective work, and when in certain localities the days of Actual celebrations do not coincide with those of the week before defined, the variations necessary to achieve this coincidence may be made, provided that the same assumes the same number of working days of reduced time as they would have been the natural week. For these variations, prior formal agreement with the Enterprise Committee or, where appropriate, staff delegates will be necessary.

6. The acquired rights or more beneficial conditions, in annual computation, previously enjoyed by the workers in this field, shall be respected.

It will be necessary to accommodate the computation of the particular day of each company to the set time frame with general character. There will be no reduction of the annual working day in those cases of entities with lower days than the one that derives from applying the schedule set out in the number 2 of this article.

7. It is declared a public holiday, without recovery, on Holy Saturday for entities within the scope of this Convention.

Article 15. Overtime.

To determine the value of the extraordinary hour, the amount corresponding to 16.75 pages shall be taken as a dividend and as a divider the number of hours as the maximum day is set out in Article 14.1 of this Convention.

The overtime limit to be paid by the worker, his or her remuneration, and the option of paying or compensating them for rest, will be governed by what is stated in the law at any time.

CHAPTER VI

Permissions, licenses, and holidays

Article 16. Permissions.

1. Staff at the service of undertakings affected by this Convention shall be entitled to leave of absence in the following cases:

a) Fifteen calendar days, in case of marriage.

This same right is recognised in favour of couples in fact which are constituted from the entry into force of this Collective Agreement. In order to prove the status of a couple in fact, the applicant of the permit must provide the certification of the registration in the register of unions of fact established to the effect. Such certification may be replaced in those stocks where there is no official registration by the relevant co-existence certificate issued by the competent legal authority. The permit for couples in fact cannot be reapplied for in fact if it has not been more than four years since the previous one has enjoyed this same cause.

b) The day the ceremony is celebrated in the cases of marriage of descendants or collateral to the third degree.

c) Three days per child birth. When the worker is required to make a posting, the time limit will be four days.

(d) Half day corresponding to the day the ceremony is celebrated by baptism or first communion of descendants.

e) Three to five days in cases of serious illness of parents, spouse or children. In cases of serious illness of other relatives up to the second degree of consanguinity or affinity, two days. The period shall be extended to four days if, for that reason, the worker has to move to another locality.

f) Two days for the death of relatives up to the second degree of consanguinity or affinity. Where the worker is required to make a posting to the effect, the time limit shall be four days. If the death outside the spouse or children the licence is four days, it shall be extended to six days if the worker has to move to another locality.

g) Three days per transfer from the usual address, even if it is within the same location.

(h) For examination, the time required to carry out the tests, the employee being obliged to justify his/her assistance to the tests in question.

i) For the time indispensable, for the fulfillment of an inexcusable duty of public and personal character.

j) Workers, for the breastfeeding of a child under nine months, shall be entitled to one hour of absence from work, which may be divided into two fractions, being able to use one at the beginning and the other at the end of the day. This permit may be enjoyed either by the mother or by the parent in case both work.

With alternative character such absence may be replaced by a paid leave of 15 calendar days following the maternity break, or 10 calendar days following the maternity break and the other 5 days natural before the child is 12 months old. In cases of multiple births, they will be entitled to an additional 5 calendar days for each child who will necessarily have to accumulate at the maternity break.

(k) Who, for reasons of legal guardian, has direct care for a minor of eight years, shall be entitled to a reduction of the working day with the proportional reduction of the salary, between a minimum of one hour a day and a maximum half of the duration of the period.

The reduction of working hours referred to in this paragraph constitutes an individual right of workers, men and women. However, if two 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 for the operation of the undertaking.

The time-frame and the determination of the period of enjoyment of the nursing permit and the reduction of the day, provided for in this article, will correspond to the worker, within his ordinary day. The worker shall be required to notify the employer 15 days in advance of the date on which he/she will return to his/her ordinary day.

2. However, in exceptional and duly accredited cases, these permits shall be granted for as long as necessary, addressed to the special circumstances that in each case are present.

These permissions can never be uncounted from the annual holiday period.

Article 17. License.

Staff will be entitled to one day's paid leave per year. The date or dates (with a maximum of three) of enjoyment of the same for the set of the template, will be determined by each company within the first three months of each year. After the deadline has not been established, it may be requested by the staff and shall be enjoyed by mutual agreement in the light of the needs of the service.

Article 18. Holidays.

Staff shall be entitled to a paid annual leave of 22 working days or to the proportional share in the case of services lower than the year. The enjoyment may be divided into periods not less than seven working days each, at the request of the worker, who must request it from the Directorate prior to the preparation of the holiday table. For the sole purposes of calculating the holiday period on Saturdays, they shall be considered to be non-working.

All employees are equally entitled to the choice of the time of holiday enjoyment. This is why a rotating system is implanted, which, without altering the normal functioning of each department, makes it possible for all employees to have access to the times of the year that traditionally have the highest demand as a holiday period. Discrepancies relating to periods of enjoyment shall be jointly resolved by the Management and Enterprise Committee.

In each entity the management shall draw up the annual holiday table, according to its needs and for each of its units, which it shall communicate, five days in advance of its publication, to the Committee of Enterprise or Delegates of Staff, in order to make the appropriate observations available if appropriate.

The holiday calendar will be fixed in each entity so that each worker knows the dates that correspond to him, at least two months in advance.

CHAPTER VII

Remuneration

Article 19. Base salary.

The base salary for the years 2011 and 2012 for each professional group and the salary level for the maximum working day, will be fixed in the salary table of Annex I for the year 2010, without modification.

The base salary for the year 2013 for each professional group and salary level shall be that set in the salary table in Annex I for the year 2010 with an increase of 1.25%, with effect from 1 January 2013.

This increase will be added to an additional 0.25%, with effect from 1 January 2013, in the event that the year-on-year change in GDP for 2013 is higher than zero.

The base salary for the year 2014 for each professional group and salary level will be the corresponding one for the year 2013, with an increase of 1.75%, with effect from 1 January 2014.

This increase will be added to an additional 0.25%, with effect from 1 January 2014, in the event that the year-on-year change in GDP for 2014 is higher than zero.

The GDP reference that determines the wage revision is the annual rate of variation at market prices, corrected for seasonal and calendar effects of GDP for the years 2013 and 2014, published by the INE, on the basis of the quarterly national accounts of Spain.

The amount of the base salary is annual and will be made effective by the two-day payments payable for expired monthly payments.

By agreement with the worker, a part of the cash payment of the basic salary may be replaced by in-kind remuneration such as computer equipment, medical insurance, nursery or any other good or service which is (a) establish, without any modification of the gross annual basis of the basic salary or any alteration of its legal nature.

Article 20. Personal add-on to seniority.

The workers covered by this Collective Agreement will receive a personal complement of seniority of periodic increases for every three years of services provided in the same entity. The supplement shall be payable as from 1 January of the year in which it is fulfilled.

The amount of the ordinary triages of seniority for the year 2011 and 2012 shall be that fixed in the salary table in Annex I for the year 2010.

The increase for the years 2013 and 2014 will be calculated according to the criteria set for the base salary update.

For the computation of seniority, all service time in the enterprise, including the trial period, vacation, paid leave, temporary incapacity for work, and special leave will be taken into account.

The amount of these trienes will be made effective by dozavas parties, payable by maturities. The cleaning staff shall be made effective on the basis of the number of hours they provide their services.

Article 21. Offset age-length compensation.

Employees who, at the date of signature of this Convention, have recognized three-year head-heads of those provided for in the former Article 23 of the XIV Collective Agreement, shall maintain the amounts due to that date as a supplement not absorbable or compensable, without the future new leadership trienes becoming established.

The complement of the seniority compensation that is recognized by the employees that during the validity of the XV Collective Agreement have been recognized or have reached the levels 1 to 6 of the Group II, will be, for the years 2011 and 2012, as set out in Table Salarial of Annex I for the year 2010. The increase for the years 2013 and 2014 will be calculated according to the criteria set for the base salary update.

Article 22. Stay pay supplement.

Employees belonging to Group II level 7 who demonstrate twenty-five years of effective services in the company will be entitled to a personal complement which, for the years 2011 and 2012, will be fixed in the salary table of the Annex I on the amount corresponding to the year 2010. The increase for the years 2013 and 2014 will be calculated according to the criteria set for the base salary update.

Exceptionally, and for those employees referred to in the preceding paragraph who, during the duration of this Convention, credit for twenty years of effective service to the undertaking of which they have exercised for fifteen years years the functions of office management, director of area or director of department, within the same, shall be entitled to the complement of permanence indicated in the previous paragraph, in the same amount. Both add-ons are incompatible.

Article 23. Currency break.

The staff who make payments and payments and support their own risk of the economic differences due to errors in their value will receive, during the duration of this Convention, a monthly economic compensation that will be fixed in the Annex I salary table for the year 2010. The increase for the years 2013 and 2014 will be calculated according to the criteria set for the base salary update.

Credit unions will be able to suppress the payment of this non-wage compensation, provided that they assume the differences and cash shortages that may arise.

Article 24. Plus "ad personam".

The complement that workers perceive by the quality of work quality will not be absorbed by any kind of improvement or reward concept.

Article 24a. Plus of second office management officer.

In branches with operational autonomy, the employee who is a proxy to subscribe business documents and replace the office manager, or is designated as the second person responsible for the office, will receive a transitional plus which, for 2011 and 2012, it will be fixed in the salary table in Annex I in the amount corresponding to the year 2010. The increase for the years 2013 and 2014 will be calculated according to the criteria set for the base salary update.

This plus shall be compensable and absorbable in accordance with Article 5 of this Convention and shall be made effective by dozavas parties.

Article 25. Gratification of Conserjes.

Employees who would have recognized the extinct professional category of Conserjes and exercise this function, with a distinction of localities of 100,000 or more inhabitants, and the rest of localities, will be entitled, the years 2011 and 2012 to the perception set out in Annex I, in the amount corresponding to the year 2010. The increase for the years 2013 and 2014 will be calculated according to the criteria set for the base salary update.

Article 26. Award for dedication.

A prize is established for all staff who, with an age of 20 years or more, cease in the company by retirement, permanent invalidity total or absolute or great invalidity, consisting of three monthly allowances. total of the ordinary perceptions that the payroll will integrate in the month in which the event occurs. For these purposes, the company is recognised by seniority.

Article 27. Extraordinary rewards.

In the form of a periodic supplement to a maturity of more than one month, the staff shall receive on a quarterly basis an extraordinary amount of benefit equivalent to that on the date of their monthly receipt. base salary, seniority and "ad personam" supplement to Article 24.

The staff entering or leaving the course of the financial year shall receive the proportional share which corresponds to them, by extending the amount of the amount due to the time of service provided during the financial year. For these purposes, the fraction of a month exceeding 15 days shall be computed as a complete unit.

These rewards shall be accrued within the financial year and shall be settled on the last working day of each calendar quarter, except for the fourth quarter to be settled on 20 December or immediate working day. previous.

Article 28. Participation in the company's surplus.

For the concept of participation in the company's surplus and in application of the provisions of article 8, number 3, of Law 13/1989, of May 26, of Credit Cooperatives, when the "surplus available" of the The amount of the financial year exceeds 0,60 per 100 of the number of other resources in each institution, or the allocation to compulsory reserves exceeds 0,30 per 100 of the above means, three quarters of a person shall be paid to staff. This is a very good idea, but it is not a question of the shall be deemed to be payable at 31 December of each financial year.

The base salary is understood to be the base salary plus the increases for seniority and the "ad personam" supplement, and for the figure of foreign resources means the arithmetic mean of the sum of the headings "debits to clients" and " for marketable securities, " calculated on the balances presented at the end of the 13 months preceding the end of the financial year (December/n-1 to December).

The staff entering or leaving the course of the financial year shall receive the proportional share corresponding to the minimum established.

The supplement here set will be compensated for as far as you can in the application cooperative legislation.

Article 29. Departures and diets.

The expense system is replaced by the expense system to justify.

Article 30. Allocation per kilometer.

When the service commissions are carried out with their own vehicle, it shall be collected, per kilometre of 0,31 €/km with effect from the date of signature of the Convention.

Article 31. Advances.

The worker has the right to receive advance payments on account of up to 100 per 100 of the payment of the monthly payment, before the day arrives for the payment.

CHAPTER VIII

Exceed

Article 32. Surplus and revenue.

1. Special voluntary leave: In addition to the voluntary leave provided for in the Workers ' Statute, a form of voluntary leave is recognised, for one time, with the right to automatic re-entry, provided that the this period the worker is not to provide his services to undertakings within the scope of this Convention, banking, credit, savings banks, financial institutions or other similar entities. Its maximum duration will be as follows:

a) Three months, for workers with an seniority in the company of two years.

b) Six months, for workers with an seniority in the company of five years.

Both periods have the character of incompatible, so enjoyed one of them will not be eligible for the other.

2. Leave of absence for child care less than three years: 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 by the (a) a permanent and pre-adopted agreement, to be counted from the date of birth or, where appropriate, of the judicial or administrative decision. During the first two years you will be entitled to the reservation of your job.

3. In cases of leave of absence for the care of relatives in the terms set out in Article 46.3 of the Staff Regulations, the period of leave of absence may be no longer than two years, with the right of a reserve of job.

Article 33. Union leave.

Active workforce workers, who are in charge of a management union, at a provincial or higher level, will have the right to move to the situation of surplus, in accordance with the terms laid down in the Staff Regulations. (Articles 46.4 and 48.3).

CHAPTER IX

Social benefits

Article 34. Loans.

Workers who are more than one year old in the company will be entitled to attend to important or pressing needs, duly justified (such as serious illnesses of the spouse, children and others). family, provided that they usually live with the worker and at their expense, expenses caused by marriage, separation, or derivatives of transfer installation involving change of residence), to the granting of advances without the interest of nine monthly, all the concepts that make up the payroll of the month in which you promote the request.

Applications for advances shall be settled within 15 days from the date of filing with the governing body of the cooperative and provided that this meeting is held in the said period.

Your amortisation will take place over a maximum period of five years, with equal monthly instalments.

For the duration of the amortisation, no other loan of these characteristics may be granted.

In all petitions, the report of the Business Committee or Staff Delegate will be required.

Article 35. Housing loans.

The worker with more than one year of seniority in the company, may apply for loans with interest for the acquisition of housing, provided that the latter is going to constitute his habitual and permanent residence, or for the cancellation of mortgages. which tax the same, up to a maximum of EUR 150,000.00.

The interest will be equal to the annual Euribor and the repayment term will be thirty years, by means of monthly amortization fees.

The guarantees to be required for the granting of these loans will be in the company's judgment and equal to all workers, in relation to loans of amount and conditions comparable.

The Business Committee or workers ' representatives with the business representation will mark the priority criteria for the granting of these loans.

Once the requests for the acquisition of first and permanent housing have been met and if they have been allocated for this purpose, resources in amounts less than 1.1 per 100 of the figure of resources of other means defined In Article 28, loans may be granted up to that limit to cover the applications of those employees to whom they have to pay back amounts of permanent and permanent housing already acquired.

Article 36. Provisions common to the loans of Articles 34 and 35.

(A) The employee who is entitled to the loans in Articles 34 and 35 may be required, in order to fix the amount, to pay the total of the depreciation and interest charges to be paid by the applicant for one year, the product of the debits incurred, do not exceed 35 per 100 of the annual gross remuneration of the employee.

(B) The loans provided for in Articles 34 and 35 have their origin in the employment relationship and are not longer than the duration of the work; consequently, such loans shall be deemed to be due if they cause the the borrower shall cease to be a member of the institution's staff, and may be required to immediately return the existing balance or new guarantees and the establishment of a new interest rate which, in any event, shall not exceed the rate of Reference of mortgage loans for the "Set of entities" published by the Banco de España in relation to mortgage-backed loan operations, within three years or more, for the purchase of free housing.

Article 37. Holiday bag.

The amount of the holiday bag for the years 2011 and 2012 shall be as set out in Table Salarial of Annex I for the year 2010.

The increase for the years 2013 and 2014 will be calculated according to the criteria set for the base salary update.

Article 38. Help for studies.

Workers with children whose ages are between zero and twenty-five years at the time of application shall be entitled to receive the annual child support for studies fixed in the salary table in Annex I for the year 2010. The increase for the years 2013 and 2014 will be calculated according to the criteria set for the base salary update.

The help levels will be as follows:

• Guardries, with exclusion in this case of the period in which the mother or father is of maternal absence, child education, primary education and compulsory secondary education 1. º and 2. courses.

• Compulsory secondary education 3. and 4. courses, high school and vocational training in the middle grade.

• University education and higher-grade vocational training.

• Disabled: All justified expenses up to the amount of the tables.

In the event that the parent and the parent are both employees of the Caja, they will only earn one help for each child. In any case, the enrollment in the preschool in the regulated children's education and the tuition in the courses should be accredited.

When the studies are permanently cured outside the usual place of residence, the amounts will be increased by 50 per 100.

They will have the same right to the perceptions of aid for studies for the children of retired workers, of workers in situations of permanent incapacity and orphans of workers.

The workers who are educated by the corresponding ministries and provided they are engaged in commercial, law, economic and business type races, specialties of the agricultural sector or Cooperative, or computer science studies, shall be entitled to an aid equivalent to 90 per 100 of the amount of the texts and registration, without being able to enjoy such aid on repeated subjects. The payment of the aid shall be made in advance of the appropriate justification for the expenditure, or in any event within one month of the request for the aid. This assistance does not include the completion of Doctorates, Masters, specialization courses and language schools and other similar courses.

This aid will be requested between 1 September and 30 October of each year and, where appropriate, will be collected on the payroll for the month of October.

CHAPTER X

Supplementary Social Security

Article 39. Temporary incapacity.

The temporary incapacity arising from a common illness or accident is or will not work, entitles the worker to receive 100 per 100 of the real wage over a period of eighteen months, provided that he justifies before the company such situation by official medical discharge document or proof of having attended medical consultation.

Article 40. Widower and orphanage.

(a) Widower: A supplementary pension is established in favour of the widowed spouse of the deceased employees.

The amount of such pension is complementary to that corresponding to the General Social Security Scheme, and the sum of both amounts must be reached, at the time of granting, 50 per 100 of the regulatory basis is determined in the following paragraph:

" The annual calculation basis for the determination of the widow's pension shall consist of the ordinary remuneration corresponding to the worker during the current month in which the event occurs. causing, as if it had been active all month, multiplying by 14 and dividing by 12 and applied to 12 pages. "

An "ordinary remuneration" means the sum of the concepts that make up the payroll of the current month in which the causative event occurs, excluding the care concepts and the higher maturity supplements to the month.

Once the supplementary pension is determined, the supplementary pension shall be maintained by the same amount regardless of the changes in the pension of the public social security scheme up to its extinction.

To be considered a beneficiary of this pension it will be necessary for the widowed spouse to meet the conditions required in the General Social Security Regime. This supplementary pension shall be automatically extinguished if it ceases to be received and the pension which it is entitled to receive from the Social Security is extinguished.

(b) Orphan's: An orphan's supplementary pension is established for the children of deceased employees, who meet the requirements of the General Law on Social Security and supplementary provisions.

The orphan's pension thus established will be limited to complementing the one corresponding to the same concept of Social Security until it reaches, for each of the children entitled to it, 20 or 30 per 100 (the latter percentage in the case of total orphanages) on the same regulatory basis as for the widow's pension.

Once the supplementary pension is determined, the supplementary pension shall be maintained by the same amount regardless of the variations in the amount of the pension of the public social security scheme until its termination.

When the orphan is qualified as a disabled physical or mental disabled for the job, in accordance with the provisions in force, the benefit will be extended to his/her recovery regardless of age.

In all other cases, this supplementary pension will automatically be extinguished when the orphan's pension is extinguished corresponding to the General Social Security Scheme.

(c) The accumulation of the pension and orphan's pension corresponding to the General Social Security Scheme plus the allowances provided for in this Article shall in no case exceed 100 per 100 of the basic Previously set.

(d) In the case of entities that have covered the benefits provided in this Article by any insurance system established or concluded by them, or in any other manner, in any case, to their position, only the differences between the insured perceptions and the amounts from the above shall be supplemented.

Article 41. Accident insurance.

Active employees shall be entitled from the date of signature of this Convention to insurance that covers the risk of death in service and in which the following funds are secured:

• € 18,000.00 for widowed spouse.

• € 6,000.00 for each orphan child who meets the requirements of the General Social Security Act and supplementary provisions, automatically extinguishing this last guarantee when the orphan is overstepped by the age which for the orphan's pension establishes the General Social Security Scheme.

The coverage of both capitals may not exceed the maximum capital of 36,000 €.

Article 42. Forced retirement.

With the aim of seeking to improve employment stability, the transformation of temporary contracts into indefinite employment, the maintenance of employment, the recruitment of new workers or any other workers who are (a) to promote quality in employment, the termination of the employment contract by retirement shall take place, at the request of the undertaking or by a decision of the undertaking, from the moment the worker fulfils the ordinary retirement age required by the legislation of Social security at any time, provided that it meets the requirements laid down in that legislation to be entitled to a retirement pension in its contributory form and, in particular, the provisions of paragraph (b) of the supplementary provision of the Staff Regulations, in the wording given by Law 27/2011 of 1 January August.

When this right is exercised by the company, the company will be obliged to make a new contract for an indefinite period or the conversion of a temporary one.

CHAPTER XI

Sanctioning Regime

Article 43. Fault classification.

The company may penalize workers who fail to meet their labor obligations, in accordance with the classification of faults established in this Convention, or which are comparable, classifying the faults in minor, severe and very severe.

Article 44. Minor fouls.

The following are considered minor faults:

1. The delays in the entry and the advances in the injustified work exit and do not reach six in a month.

2. No absence from work that justifies it or has permission from the immediate superior, provided that it does not exceed one hour and does not seriously affect the service.

3. The incorrect or impolite treatment of the public or the coworkers.

4. Do not communicate to the company with due diligence the changes of domicile, as well as variations in the family situation that may have an impact on the Social Security, Public Finance, care action or regime the company's obligation to do so.

5. Do not inform the superiors, in the first hours of the day, of the causes of inattendance at work, unless there are justified reasons to prevent it.

6. No Negate in the performance of labor duties, when they do not cause or derive prejudice to the interests of the company.

7. False to work one day without justified cause, provided that the provisions of Article 44.1 of this Convention do not apply.

Article 45. Serious fouls.

1. False to work, no cause justified, two days in the two-month period.

2. º The negligence in the performance of the duties, when it causes or leads to serious injury to the interests of the company.

3. The delays in entry and advances in departure from work, unjustified and exceeding five in one month; or repeated over a period of three months exceeding the number of eight months, after warning to the worker; or that the sum of those exceeds the hours of one of their working days in a quarter.

4. º Interrupt or disturb the service, without legal justification, performing or allowing in the workplace any activity outside the interest of the company.

5. º Do not communicate to the company facts witnessed or known to cause or could cause serious injury to the interests of the company.

6. The malicious concealment of own errors and delays produced at work and causing injury to the company.

7. The retention, without the authorization of the competent head, of documents, letters, data, reports, etc., or their application, destination or uses other than those that are coming from them.

8. Record the presence of another worker by using their tab, signature, control card, or by altering the input and output controls to the job.

9. The recidivism or reiteration in a minor lack, within a period of three months, when a written sanction has been mediated, except those regulated in point 1 of minor faults, which shall be governed by the provisions of paragraph 3 of this Article. Severe.

Article 46. Very serious fouls.

1. The transgression of good contractual faith as well as the abuse of trust in the performance of work.

2. The fraud or disloyalty in the efforts entrusted or the appropriation, theft or theft of property owned by the company, colleagues or clients. Also, the realization of these last facts about any other person within the company's dependencies.

3. The simulation of disease or accident, as well as the performance of activities incompatible with the situation of illness or accident.

4. º The breach or violation of must-reserve secrets.

5. The usual drunkenness or drug addiction if it has a negative impact on the job.

6. The infringement of the company's rules, committed for the purpose of concealing, falsifying or masking the true situation and nature of the accounting statements or the risks incurred.

7. The abuse of authority by superiors.

8. º Sexual Harassment in the terms established in the Law.

9. Indiscipline or disobedience at work.

10. The continued and voluntary decline in the performance of normal or agreed work.

11. Verbal or physical offences to the employer or to persons working in the company or to family members who live with them.

12. Reiteration or reoffending in serious misconduct over a period of twelve months, provided that you have brokered a written penalty.

Article 47. Sanctions regime.

It is up to the company to impose sanctions in the terms of the provisions of this Convention. Of any sanction, except for the verbal admonition, the person concerned shall be transferred in writing, who shall acknowledge receipt or sign the notice of the communication, without this being in accordance with the facts.

However, as set out in this Chapter, the company may, in accordance with the circumstances, apply to the faults any of the penalties provided for for lower-gravity types, without such a reduction in the penalty implies variation in the rating of the fault.

Maximum penalties: The maximum penalties to be imposed in each case, taking into account the seriousness of the misconduct, shall be as follows:

a) For minor faults:

1. Verbal admonition.

2. Admonition in writing.

3. Suspension of employment and salary of up to two days.

b) For severe faults:

1. Suspension of employment and salary up to twenty days.

2. Forced transfer to a population other than the usual residence of the employee, for a maximum period of three years, within the same province. For these purposes, the job contract suspensions will not be computed.

3. Temporary disablement, for up to two years, to move to higher levels.

4. Temporary loss of the level to the immediately lower level, even if it entails a change of group, with its economic impact, for a maximum period of one year.

c) For very serious faults:

1. Suspension of employment and salary of up to six months.

2. Forced transfer to a population other than the employee's usual residence.

3. Definitive loss of the level or group with its economic impact.

4. Temporary disabling for up to four years, to move to higher levels.

5. Dismissal.

Article 48. Precautionary measures.

The company, where necessary for a better understanding of the true scope and nature of the facts, may be able to give a cautious decision to suspend the employment of the affected worker for a maximum period of two months, at the disposal of the company during the time of suspension.

CHAPTER XII

Trade union action

Article 49. Business committees.

The Enterprise Committees are the representative and collegiate body of all workers in the workplace or company.

In the processes of the union elections for the Enterprise Committees, the grouping of all the work centers with fewer than 50 workers in the province will be carried out.

In case the labor census of the resulting entity in the province is less than 50 persons, it can be agreed in the company, with the majority of the legal representation of the workers, complementary mechanisms or Center pool alternatives.

Article 50. Media.

The Management of each entity, to the extent of its possibilities, shall provide the Business Committee with reasonable means for its operation: Local, Office Material and Bulletin Board.

Article 51. Guarantees.

(a) No member of the Committee of the Company or the Delegate of Personnel may be dismissed or punished during the performance of his duties, or within the year following his termination, unless the latter is due to revocation or resignation, and provided that the dismissal or sanction is based on the action of the worker in the legal exercise of his or her representation. If the dismissal or any other sanction for alleged serious or very serious misconduct is to be followed by other causes, the case shall be dealt with in a contradictory case, in which the business committee shall be heard, apart from the person concerned.

They will have priority of staying in the company or working center with respect to other workers, in the cases of suspension or extinction due to technological or economic causes.

(b) They may not be discriminated against in their economic or professional promotion because of the performance of their representation.

c) They may exercise collegiately the freedom of expression within the company, in the matters of their representation, being able to publish or distribute without disturbing the normal development of the production process those publications of employment or social interest, communicating all of this in advance to the company and exercising such tasks in accordance with the legal standard in force.

(d) Right for the exercise of its representative function, to the credit of paid monthly working hours determined by the Law. The time spent in proceedings and meetings carried out on the initiative of the Directorate shall not be included in the calculation of the hours.

e) Each member of the Enterprise Committee, without exceeding the legal maximum, may consume the paid hours at its disposal in order to attend training courses organised by its Trade Unions, Training Institutes and other entities.

Article 52. From the Trade Unions.

The representative trade union organizations are recognized, without demerit of the privileges conferred by the Law and in this Convention to the Committees of Enterprise, the following powers:

(a) Disseminate and fix publications, notices and notices of a union character on the boards that the company will place to this effect for joint use with the Enterprise Committee.

Notices that affect business-related issues must be brought to the attention of the company in advance of twenty-four hours.

b) Raise and be entitled to the payroll discount of the contributions of its affiliates, in the terms set out in Article 53.

Article 53. Union quota.

At the request of trade union members, companies will deduct from the corresponding salary remuneration the trade union dues, provided that the request is made in writing, with the expression of the specific quota in absolute figure, as well as the credit account where the collection must be transferred.

In order for the removal to be interrupted, the worker must ask the company for such interruption in the month preceding the month in which the previous order must be without effect.

Article 54. Meeting Pool Committees.

Credit unions shall meet the transport costs for the holding of nine meetings per year of the Pool Committees, provided that their effective conclusion is established.

Article 55. Additional hours credit for the exercise of union representation functions.

The trade unions which are signatories to this Convention may provide, for the administration of the Convention, an additional hours credit, the total annual amount of which shall be 1,100 hours. The distribution of this credit among these unions shall be carried out in proportion to the representativeness of each of them at the time of the Constitution of the Negotiating Commission.

The amount for 2012 shall be the proportional share of the period between the signing of the Convention and the end of the year.

These hours shall be used for the exercise of their trade union representation functions by the worker or workers (at most two, in which case they shall be divided between the two) designating each Union, having or not the status of members of the Business Committee or Personnel Delegates, and may not be ceded for their exercise among the Trade Unions.

The designation of the worker or workers shall be carried out within the month of January of each year, by means of communication to the National Union of Credit Unions and shall be tacitly extended for annual periods, unless communicate the change within the deadline.

Article 56. Union information.

To facilitate access to trade union information of strictly labor content and directly related to the exercise of the legal representation functions of workers, companies, whenever they use Intranet as the usual working tool, they will enable a space, which will contain the union information and the bulletin board itself.

In order to facilitate the criterion of the unit of management of the Intranet, the administration of space will correspond to the representatives of the unions present in the Committees of company in coordination with the administrator of the system on issues of a technical, security, operational, rules and procedure nature.

The representatives of the trade unions present in the Works Councils will be able to insert contents in this space, guaranteeing, in any case, the access of all the employees, and the legal safeguards referred to the Protection of Personal data.

Enabling space on the Intranet, replaces the bulletin board, in the centers where workers have access to the Intranet individually.

CHAPTER XIII

Reconciliation of family life

Article 57. Reconciliation of family life.

The parties to this Convention declare their willingness to apply for the entities subject to it, in full extension of Law 39/1999 of 5 November, to promote the reconciliation of family and work life. workers, so that workers can participate in family life, thus achieving full equality between the employees of the Cooperative Credit Societies and in particular on those issues related to permits, Maternity/paternity leave, breastfeeding leave, reduction of working time and leave of absence appear in that Law or those that may replace it in the future.

Article 58. Equality.

1. Business relationships in companies should be presided over by non-discrimination on grounds of birth, race, sex, religion, union membership or any other personal or social conditions or circumstances.

2. The rights set out in this Convention equally affect man and woman in accordance with the provisions in force at any time. No clause of this Convention may be interpreted as discriminatory in professional groups, working conditions or remuneration between workers of one sex and another.

It is considered direct discrimination because of sex the situation in which a person is found, has been or could be treated, in care of their sex, in a less favourable way than another comparable situation.

It is considered indirect discrimination on grounds of sex, the situation in which a seemingly neutral provision, criterion or practice puts the person of a particular sex at a disadvantage with respect to persons of another, except that that provision, criterion or practice can be objectively justified in the light of a legitimate purpose and that the means to achieve that purpose are necessary or appropriate.

In any case, any order to discriminate directly or indirectly by reason of sex is considered to be discriminatory.

3. Companies will make efforts to achieve equal opportunities in all their policies, in particular gender equality by adopting measures aimed at preventing any kind of employment discrimination between men and women.

In the case of companies of more than 250 employees, the equality measures referred to in the preceding paragraph must be directed to the elaboration and implementation of an equality plan, which must also be the subject of negotiation in the way in which you determine labour law.

The equality plans may include, inter alia, issues of access to employment, professional classification, promotion and training, remuneration, the organisation of working time, the promotion of equality between women and men and women. men, work, personal and family reconciliation, and prevention of sexual harassment and harassment on grounds of sex.

In order to facilitate the monitoring of the application of the principle of equality between men and women, companies will provide the trade union representation with data relating to sex, seniority in the company, group and level professional as set out in Article 7, so that the evolution of the templates from a gender perspective can be followed.

CHAPTER XIV

Eventual contract due to circumstances of production

Article 59. Eventual contract due to circumstances of production.

The maximum duration of these contracts may be twelve months in a maximum period of eighteen monthly payments in the terms permitted by the current employment law.

Single transient arrangement. Widow and orphan of passive workers.

The amendment of Article 40, which was carried out in the 17th Convention, will not affect those spouses and orphans who, at the entry into force of the Convention, have recognised the supplementary pension to which the This is a precept, but if retired employees are not deceased. The instruments used for the coverage of these commitments will be adapted to the new regulation set out in the Article. 40 of this Convention.

Additional disposition first. Administration of the Convention.

Aware the organizations that are signatories of the convenience that, for the good climate of labor relations in the Sector, has the existence of adequate channels that facilitate the correct application and interpretation of the An agreed Joint Commission for Interpretation and Monitoring of the Convention is hereby established.

1. Nine members of the UNACC business representation and nine other representatives of the trade union organisations, appointed by the respective signatory representations of the Convention, will be members of the Commission with the share of the its representativeness to the signature of the Convention. An equal number of alternates shall be identical with the same criteria.

The meetings of the Commission may be attended, with a voice but without a vote, by the advisors who, in each case, appoint the respective representations.

At each meeting they will be appointed at the beginning, a moderator and a person in charge of the drafting of the minutes.

2. Without depriving the parties of the right which assists them to use the administrative and/or judicial route as appropriate, this Commission shall have the power to carry out the following tasks:

a. Monitoring and interpretation of this Collective Agreement and monitoring for the implementation and development of such legislation, as provided for in Article 91 of the Workers ' Statute.

b. Mediation and arbitration in case of disagreement, which the parties, on a voluntary basis, decide to submit to this Commission after the end of the period of consultations in the procedures for substantial modification of working conditions (Article 41 of the Workers ' status), internal flexibility, collective employment regulation files or any other.

c. Prior mandatory intervention in the cases of non-application provided for in Article 82.3 of the Workers ' Statute by mediating between the parties and, in the event of a breach of mediation, by the appropriate arbitration procedure.

d. The adaptation of procedures which may be established by means of inter-branch agreements in order to resolve any discrepancies which may arise after the maximum period for negotiation of the Convention to be replaced, as well as in the negotiation for the implementation of the working conditions in the collective agreement, in accordance with the provisions of the second provision of this Convention.

3. The Commission shall establish the systems for the settlement of discrepancies within the Commission, subject to the procedures to be laid down by the interbranch agreements covered by Article 83 of the Staff Regulations, on the same terms as set out in the second provision of this Convention.

4. The Joint Interpretation and Follow-up Committee of the Convention shall meet at the request of either party within the following week from the date of its request and shall operate in accordance with the rules adopted by it, You must meet at least twice a year.

5. The National Union of Credit Unions shall assume the travel and subsistence expenses motivated by the meetings of the Joint Interpretation and Follow-up Commission of the Convention of the nine members of the trade union representation therein, according to their concreteness, with the indices of representativeness.

Additional provision second. Procedure for effectively resolving discrepancies.

The parties agree to the accession and submission, with the necessary adaptations in the scope of this Collective Agreement, to the procedures that may be established by means of inter-professional agreements at the State level. of those provided for in Article 83 of the Staff Regulations in order to deal effectively with any discrepancies that may arise in the following situations:

After the maximum negotiation deadline for the collective agreement that will replace the present one without reaching an agreement.

In the negotiation of the conditions for the non-application of the working conditions set out in this Collective Agreement, in accordance with the provisions of Article 82.3 of the Workers ' Statute.

In any case, the accession and submission to the arbitration procedure will always be on a voluntary basis if these interprofessional agreements are contemplated. To that end, after the approval of the abovementioned inter-branch agreements, the Joint Committee governed by the additional provision shall make the procedures laid down in those agreements in accordance with the three months from its date of application. publication in the BOE.

Additional provision third. Revalorizable concepts.

Only concepts expressly stated in this Convention shall be revalorizable.

Additional provision fourth. Employment.

Aware of the particular economic situation currently experienced, the parties are committed to promoting, in the field of the entities covered by this Convention, the negotiation of measures to promote the alternatives to the extinction of contracts, in order to safeguard as far as possible employment, to improve competitiveness and productivity in companies in the sector.

They also state that the wage-containment effort that occurs in this Convention, as well as the use of internal flexibility measures, should also serve to contribute to this objective.

To this end, it is recommended that the parties, in the restructuring processes which may be involved in the field of companies, use the preferential use of internal flexibility measures such as the suspension of work and leave, reduction of working hours, functional and geographical mobility and the modification of working conditions.

In order to achieve the objectives set out in the previous paragraph, before going to the legal procedures provided for in Articles 40, 41, 47 and 51 of the Workers ' Statute, companies will open a prior and limited process. in the time of negotiation with the representations of the workers, through the formation of a Labor Table, to search for the formulas that allow to minimize the impact of any process of restructuring on the volume of employment.

Both in the integration processes and in the restructuring of entities, both parties undertake to negotiate in good faith.

The Entities will promote the training of their salaried staff so that they can perform another task other than that for which they were hired or currently exercised, in order to improve their employability.

The Joint Committee of the Convention will have among its powers to know, in general terms, the evolution of employment in enterprises in the scope of this Collective Agreement.

Single repeal provision.

This Convention repeals all of the preceding Collective Agreements, except in those aspects that have expressly been declared in force.

ANNEX I

Professional classification and salary table for the year 2010

As for Group I: Managing staff, your remuneration will be fixed and updated in accordance with your specific regime. The current staff will be integrated into this group not subject to a senior management contract who has been appointed as the Director or Deputy Director General of the entity.

Single Amount

Complement Add-

Concepts

Year 2010

(Euros)

Base

Group II

Level 1:

Maximum Retribution

35.874.31

Retribution

27,042.58

Level 2

22,558.56

Level 3

21.568, 67

Level 4

21.113, 62

Level 5

19.974.63

Level 6

19.521.70

Level 7

18.770.66

Level 8

17.117.35

Level 9

15.747.01

Level 10

14.632.43

Group III

Drivers-Drivers

16.506.16

15,711.68

Help B

14.843.83

Unqualified Staff

14.315.62

cleanup (hourly)

4.69

Cleanup

Rest

479.18

254.95

Single Amount

807.32

Plus Second Office

Amount

446.09

Concierge Gratification

or more than 100,000 inhabitants

519,67

than 100,000 inhabitants

371.40

-wage concepts

Year 2010

(Euros)

Amount

76.48

Holiday

Amount

13.99

Amount

307.70

Guard., E. Inf., E. Prim., ESO 1. º and 2. º

245.05

ESO 3. º and 4. º, Bachill., FP media

367.59

E. University, top FP

490.13

(expense limit to justify)

1.225.31