Resolution Of June 25, 2012, Of The Directorate-General Of Employment, Which Is Recorded And Published The State Collective Agreement For The Trade Of Wholesale Distributors Of Pharmaceuticals And Specialties.

Original Language Title: Resolución de 25 de junio de 2012, de la Dirección General de Empleo, por la que se registra y publica el Convenio colectivo estatal para el comercio de mayoristas distribuidores de especialidades y productos farmacéuticos.

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Seen the text of the State collective agreement for the trade of wholesale distributors of pharmaceuticals and specialties (code of agreement No.: 99001115011981) that was signed with date April 19, 2012, in part by business organizations FEDIFAR and ASECOFARMA on behalf of companies in the sector, and another, by unions FITEQA-CCOO and UGT, use on behalf of the workers , and in accordance with the provisions of article 90, paragraphs 2 and 3, of the law of the Statute of workers, revised text approved by Royal Legislative Decree 1/1995, of 24 March, and in Royal Decree 713/2010, 28 of may, on registration and deposit agreements and collective labour agreements, this General Directorate of employment meets : First.

Order the registration of the collective agreement cited in the corresponding register of conventions and collective work agreements with operation through electronic means of this Center Directors, with notice to the Negotiating Committee.

Second.

Have its publication in the official bulletin of the State.

Madrid, 25 June 2012.-the General Director of employment, Xavier Jean Braulio Thibault Aranda.

Convention collective State for the trade of distributors of specialities and products pharmaceutical chapter I provisions general article 1. Territorial scope.

The rules of this Convention will be of mandatory application in the Spanish State.

Article 2. Functional area.

This collective Convention shall be obligatory application in all companies, whether they are individuals or legal entities, engaged in the trade to the wholesale of pharmaceuticals and specialties. Similarly, the Convention will oblige enterprises of new installation, including in its territorial and functional areas.

Both parties with the intent to avoid any dispersion that can hinder further national and sectoral collective agreements, agree not to negotiate and to oppose, in its case, deliberation and conclusion of collective agreement of area smaller for these activities; What does not prevent private agreements that could reach businesses with trade union representation of workers.

Article 3. Personal scope.

The present working conditions affect all personnel employed in the companies included in the previous fields, except those expressly excluded in the current legislation.

Article 4. Temporal scope, entry into force and duration.

This collective Convention shall enter into force following its publication in the «Official Gazette», and in any event within fifteen days from the signature of the same.

Its duration shall be three years, beginning on January 1, 2010 and ending on December 31, 2012.

The economic effects are retrotraerán to January 1, 2010, to January 1, 2011 for the second year and January 1, 2012, for the third year of validity.

Article 5. Complaint and review.

The parties undertake to initiate the negotiation of the new Convention three months before the end of its term, without its being necessary to make denunciation of Convention any, since it will be reported automatically to achieve the three months prior to the end of the agreed term. Moreover, it will be stipulations in the legislation in force at any time.

Article 6. Link to all.

Here agreed conditions form an all organic and indivisible and, for the purposes of its practical application, they will be considered globally and on an annual basis.

Chapter II classification professional article 7.

Five more group or professional groups are established.

(1). Functional classification: workers and workers affected by the present collective agreement in the field of the Trade Sector of distribution of pharmaceutical products in attention to the functions that place and in accordance with the definitions that are specified in the following article, are classified in groups professionals.

This professional structure aims to obtain a more reasonable productive structure, all without loss of dignity, opportunity for promotion and fair remuneration that corresponds to each person employed in this sector. The current jobs and tasks shall comply with the groups established in the present collective agreement.

(2). Definition of professional groups: this article defines the professional groups that bring together the various tasks and functions in companies engaged in the activity of the marketing and distribution of products and proprietary medicinal.

When establishing a professional classification by professional groups, is necessary to establish a set of criteria that allow to establish rigorously the belonging to a professional group, and these effects are set as follows: autonomy: Factor for whose valuation shall take into account the higher or lower hierarchical dependency on the performance of the function that develops.

Control: Whose valuation Factor should be taken into account: to) management tasks.

(B) capacity of interrelation.

(C) nature of the collective.

(D) number of persons over which control is exercised.

Responsibility: Whose valuation Factor should be taken into account both the degree of autonomy of action of the role holder, as the degree of influence on the results and significance of the consequences of their management.

Expertise: For whose valuation Factor should be taken into account, in addition to the basic training needed to properly fulfil the entrusted tasks, the degree of knowledge and experience acquired, as well as the degree of difficulty in the acquisition of such knowledge and experiences.

Initiative: Factor for whose valuation shall take into account the greater or lesser submission guidelines or standards for the execution of the function.

Complexity: Factor whose valuation is based on the greater or lesser number of dependants; as well as greater or lesser degree of integration of the previously listed factors, in the task or since mandated.

Similarly it must be taken into consideration when it comes to qualify the jobs, the size of the company of the production unit in which the function is developed.

Section 3. Standards and criteria of the framework: the framework for workers within agreed professional structure and, therefore, the allocation to each of them of a certain professional group will result from the joint weighting of the above factors of assignment (knowledge, initiative, autonomy, responsibility, control and complexity).

To determine the correct classification Professional each task, function or job concerned, will attend to its essential core content, without that excludes the possibility that in each professional group, you can perform tasks, complementary character that could be basic job of other professional groups.

At the beginning of the employment relationship between the company and the person the question, is set in the employment contract, the basic content of the provision of the contract of work, as well as membership in one of the occupational groups referred to in the present collective agreement. When the employment contract is made in writing it should reflect clearly the professional group assigned to the worker.

The allocation of the professional group, to each worker, will take place according to the general criteria of point 2 of this article and the basic concrete content of the labor provision that develops in the analyzed job.

Description of occupational groups professional group no. 0 general definition: belonging to this staff plans, organizes, directs, and coordinates the various activities necessary for the normal development of the company. Is responsible in decision-making throughout the business organization, or a stand-alone unit with direct responsibility for the property. (This professional group includes the former category of Director).

In this professional group activities to develop are the following: for tasks or functions: target-setting, planning means and tasks for their achievement and monitoring of compliance, in the broadest sense.

Any other function or similar task that meets the general criteria and training attributed this professional group.

Formation: degree-level university education, complemented with specific training for the job of work or equivalent professional knowledge after extensive experience.

Professional Group No. 1 general definition: tasks or functions that involve complex and heterogeneous, technical tasks with global objectives and high degree of autonomy, initiative and responsibility requirement. «Are also included in this professional group functions that assume specific responsibility for the management of one or more functional areas of the company from the spacious emanating general guidelines for belonging to the professional staff» 0» or the address or property of the company. Functions that perform technical tasks of high complexity and even participation in the definition of the specific objectives is supposed to achieve in a field with a high degree of autonomy, initiative and responsibility in this role of technical specialty. (This professional group includes the old categories of top grade titled, Chief Administrative, Chief of staff, Sales Manager, Division Chief, General Manager Purchasing Manager).


In this professional group activities to develop are the following: for tasks or functions: target-setting, planning means and tasks for their achievement and monitoring of compliance, in the broadest sense.

Any other function or similar task that meets the general criteria and training attributed this professional group.

Formation: degree-level university education, complemented with specific training for the job of work or equivalent professional knowledge after extensive experience.

Group professional No. 2 general definition: tasks or functions that involve the integration, coordination and supervision of various tasks, carried out by a group of collaborators in the same functional unit. Homogeneous but complex tasks that still does not imply command responsibility, have a high intellectual content of human relationship, within a framework of general instructions of high technical complexity. (This professional group includes the old categories of warehouse Chief, head of group, ATS, services section chief, Chief of the administrative section, titled half degree, Branch Manager and head of section goods).

In this professional group activities to develop are the following: for tasks or functions: coordination and control over a group of workers engaged in homogeneous tasks, responsible for the fulfilment of the objectives of the group or section, without prejudice to take personal and directly on any of them.

Coordination of the activities of a specific division within the Organization of the company, exercising control over its components, setting tasks and controlling and demanding compliance.

Commercialization and marketing.

Functions and activities of analysis and programming of computer systems in accordance with training and certification provided.

Any other function or similar task that meets the general criteria and training attributed this professional group.

Formation: degree-level university education modules professionals of higher degree, vocational training of second degree, or equivalent professional knowledge acquired after a proven experience.

Professional Group No. 3 general definition: tasks and/or autonomous execution capabilities that typically require initiatives by workers responsible for their implementation. Functions involving integration, coordination and supervision of homogeneous tasks. They can be rigged, from temporary mode, the remote control on other workers, as well as the execution of different tasks. (This professional group includes the old categories of foreman, workshop Manager, accountant or cashier, programmer, buyer, salesman and corridor of Plaza).

In this professional group activities to develop are the following: for tasks or functions: sales promotion, marketing of products distributed by the company and the development of its advertising, as well as to the sale thereof by any method or using any technical means of communication.

Functions concerning the treatment and computer data management.

Functions and activities of analysis and programming of computer systems.

Maintenance and adjustment of processes and information systems functions.

Tasks of the accounting record in all its phases, by traditional or computer means.

Tasks of orders for purchases in its entirety, however, these functions may join other professional groups depending on the type and size of the company.

Coordination of a group of workers engaged in maintenance of machinery, installations or vehicle.

Any other function or similar task that meets the general criteria and training attributed this professional group.

Formation: degree level baccalaureate, vocational training of second degree, or equivalent professional knowledge acquired after a proven experience.

Professional Group No. 4 general definition: tasks consisting in the execution of work, even if they are made under precise instructions, requiring adequate professional knowledge and/or practical skills and whose liability is limited by a direct supervision. Tasks or functions, that are executed according to specific, clearly defined instructions with a precise working method, and with a high degree of hierarchical and/or functional dependency, preferably requiring physical effort or attention.

(This professional group includes the categories of Concierge, dependent more, Mozo, dependent, driver, professional Office Second, administrative officer, Administrative Assistant, Telefonista-Recepcionista, collector, Assistant, Vigilante, Sereno, Ordinance, Porter, cleaning, Mozo and professional nursing third, apprentice and aspirant).

In this professional group activities to develop are the following: for tasks or functions: reception of orders by any system, means or process.

Receipt of goods in all phases.

Preparation and implementation of orders, meaning all tasks ranging from the function of order and place the products on the shelves or automatic dispensers, until their subsequent separation and preparation, dealing them in baskets or buckets or any other means of packing, or packing them and tagging them for subsequent delivery, interpreting this order or order of implementation through a physical document or electronic instruction.

Tasks of internal transport and palletizing accomplished with mechanical elements.

Auxiliary tasks of verification and quality control.

Tasks of conditioning with regulation, tuning, and cleaning of all types of auxiliary machines, as well as your work area.

Tasks of clearance orders, review of goods and distribution with registration in the books or the effect of the daily movement machines.

Delivery vehicles driving functions.

Functions related to receiving and making phone calls to receive orders, address claims or efforts of its customers or suppliers, and/or care visits.

Word processing tasks, filing, registration, calculation, billing or similar administration. Secretariat tasks.

Collection purposes.

Tasks of the accounting record in all its phases, by traditional or computer means.

Maintenance of the internal computer networks of the company operation. Commissioning and operation of computers and computer accessories.

Work of drafting of commercial correspondence, price calculation to the view of offers received, receipt and processing of orders and make proposals in reply.

Tasks of personnel management such as receipt of wages, social insurance, withholding tax, processing and control of ups and downs, etc.

Elementary operations of handling of simple machines, understanding as such, those that do not require training and specific knowledge.

Operations manual loading and unloading or with the help of mechanical elements that do not require to use meat or specific training.

Tasks which consist of performing errands, assignments, transportation manual, carry or take correspondence, help of a driver.

Elementary tasks recovery of materials and products.

Simple tasks of maintenance and cleaning of premises and equipment.

Surveillance of buildings and premises without special requirements.

Types, file, registration, calculation and billing tasks or similar management, without requiring any knowledge.

Purposes of collection (antique collector).

Any other function or similar task that meets the general criteria and training attributed this professional group.

Formation: degree or professional knowledge equivalent to the graduate school, compulsory secondary education or vocational training of first grade.

Basic knowledge related to tasks that perform.

Professional Group No. 5 in those workplaces which by their small size, the application of the contents of this new professional classification could lead to the articulation of one or several tasks or functions, for one person, being these functions or tasks of different professional groups, in particular, in any case, considering the elements and criteria of higher category or group professional work.

Explanatory notes: 1. the classification contained in this article, will be held by interpretation and application of the general criteria and most representative basic activities functions expressed in each of the occupational groups.

2. in the case of attendance in a job of basic tasks corresponding to different professional groups, the classification will take place depending on the activities of the professional group that spend most of their day, attending in any case the criterion of equal face value works to avoid any kind of discrimination.

3. the classification does not imply in any case that is excluded in the jobs of each professional group complementary activities which may be Basic for jobs including in different occupational groups.

Article 8. Recruitment of staff.

By reason of the characteristics of the service of the company employees are classified into: fixed; hired by time; any; interim and contracted part time; in training and practice.


Labour relations will primarily be indefinite, thus promoting stability in employment. For this purpose the parties establish that its completion, fixed-term contracts or temporary, including contracts, training, and in order to facilitate the placement of stable, may turn into employment contracts for encouraging indefinite hiring regulated in the first additional provision of law 12/2001 of 9 July.

Everything related to the types of contract, duration, suspension and extinction thereof, shall be governed by what set current legislation at all times, with the particularities that are cited below.

a) training contracts: 1. contracts of employment practices. You can arrange with those who are in possession of a university degree or vocational training medium or higher degrees officially recognized as equivalent.

The remuneration of these contracts will be 60 by 100 the first year of the contract and 75 by 100 the second year of the salary set at Convention for a worker who performs the same or an equivalent job, the duration of this contract may not be less than six months nor more than two years. If the contract had been concluded for less than two years time parties may agree extensions not being able to be the duration of each less than six months nor exceed the total duration of the contract.

The trial period of these contracts may not exceed one month to those held with workers who are in possession of medium degree or certificate of professionalism of level 1 or 2, or two months for those held with workers who are in possession of the title of top grade or certificate of professionalism of level 3.

2. contract for training and learning. You will have designed the professional qualifications of the workers in a system of alternation of work paid at a company with training activities in the framework of the system of vocational training for employment or educational system. They may be held for all categories included in this Convention.

The minimum duration of this contract will be for one year and the maximum of three years.

The remuneration of the worker hired for training and learning will be the professional group to which has been hired and will be in proportion to the effective working time.

(b) fixed-term contracts: 1. contract for the realization of a project or specific service. In order to promote the use by companies in the sector of contracting modalities provided for by the law, and lower forms of contracting external companies, particularly companies of temporary work, is agreed to create a contract of work or specific service, as provided by article 15(1) of the Statute of workers.

Being the cause of these contracts the realization of a work or service determined with autonomy and own substantivity within the activity of the company, being these tasks or work sufficiently differentiated by the additional volume of work they represent, as limited in time and whose duration can be expected, are directly or collaterally related to the productive process of the company. These contracts will have a maximum duration of three years.

2. any contract by circumstances of production. The maximum duration of these contracts shall be twelve months within a period of eighteen months, from the moment in which such reasons occur.

If they are pursued by less than 12 months may be extended by agreement of the parties but without exceeding the sum of periods hired twelve months and must be made within the 18-month maximum period.

3. interim contract. The justification for this type of contract will come given by substitution of workers entitled to reserve job provided legally.

With the duration the time during which remains the right to reserve job.

In the contract you must identify the worker substituted and the cause of the replacement, and determined work to play.

((c) mixed contracts: to) contract on time partial. They will have intended the provision of a paid employment for a number of hours a day, a week, a month or a year, lower than the considered as usual in the activity in question in these periods of time.

Having workers hired in time partially the same rights as those hired in time complete with peculiarities that are established legally on the basis of time worked.

(b) relief contracts. In those companies in which occur the circumstances that enable the relief contract referred to in article 12.4 of the Statute of workers.

This being the concerted compulsorily by the company simultaneously to the of partial retirement, with a worker unemployed, in order to maintain cover, as a minimum, the day's work left by the worker partially retired.

Being the duration of this period missing to the replaced worker for reaching the age established in General to cause right to the ordinary retirement pension.

Article 9. Unilateral termination of the agreement.

Staff within the scope of this Convention that intends to cease in the service of the company, must inform the direction of the same, through their direct control, in writing with return receipt, fifteen days prior to the date that has to provide their services.

Article 10. Functional mobility.

It may carry out a functional mobility at the heart of the company, acting as limit to the provisions of articles 22 and 39 of the current text consolidated from the law of the Statute of workers.

Article 11. Professional education and training.

It will be in an all provisions on the same subject, training professional, cultural, vocational training and retraining, to the provisions of the Statute of workers, and also meeting those specific provisions governing contracts of employment for training and practices.

Chapter III conditions economic article 12. Compensation.

Agreed conditions are compensated in its entirety with which formerly live by improving agreed or unilaterally granted by the company, through improvements in wages or equivalent concepts, jurisprudential, administrative litigation, Convention, Covenant of any kind, individual contract, uses and local, regional, or regional customs, or by any other cause.

Article 13. Absorption.

Given the nature of the agreement, future legal provisions involving economic variation in all or some of the retributive concepts, provided that they are certain dinerariamente, only will have efficiency practice if considered globally exceeded the total level of the Convention.

Article 14. Personal guaranties.

«Will be respected the personal situations which, with character of annual computation, exceed the Convention, staying strictly on quality of warranty» ad personam ', except in the amount or amounts necessary to cover the amount stipulated in the SMG.

Article 15. Salary tables for the years 2010, 2011 and 2012.

Total annual salary: 1) increments for years: for the years of entry into force of this Convention are established the following general increases: year 2010: 1.5%.

Year 2011: 1.3%.

Year 2012: 1.5%.

The wage tables of application in each year of this agreement, set out in annual total salary, shall be as follows: to) in 2010.

He is set for the year 2010 the following salaries of each group: group 0: €21.085,72.

Group I: €18.188,64.

Group II: €16.218,36.

Group III: €15.231,89.

Group IV: €14.614,02.

Group V - level 1: €13.988,20.

Group V - level 2: €8.867,04.

B) in 2011.

He is set for the year 2011 the following salaries of each group: group 0: €21.359,83.

Group I: €18.425,09.

Group II: €16.429,20.

Group III: €15.429,90.

Group IV: €14.804,00.

Guaranteed minimum wage: €15.107,90.

The guaranteed minimum wage shall be governed by the provisions of this article.

With effect from 1 January 2011 disappears the V Group in its two wage levels, to integrate into the Group IV.

C) year 2012.

He is set for 2012 the following salaries of each group: group 0: €21.680,23.

Group I: €18.701,47.

Group II: €16.675,64.

Group III: €15.661,35.

Group IV: €15.026,06.

Guaranteed minimum wage: €15.639,02.

The guaranteed minimum wage shall be governed by the provisions of this article.

2nd) guaranteed minimum wage.

With effect from January 1, 2011 sets a minimum wage guaranteed by the Convention of the pharmaceutical distribution Sector, in terms of minimum fee for fixed concepts and newspapers (in accordance with what they later described) that allowance a full-time regular workday; It is excluded from this guaranteed minimum remuneration established according to which applies to contracts in practice and training, and those of other types of contract which in the future could be established for legal norm or inter-professional agreement and that contemplate a possible remuneration below which govern the application conventions.

The guaranteed minimum wage of Sector joins wage tables as one section of more of the same, and in the future you will apply increases that were agreed.


Those workers who obtained by application this Sector guaranteed minimum wage, will receive the amount that is missing between their annual remuneration and the minimum guaranteed a specific wage concept, called «Complement of guaranteed minimum wage (CSMG)», that they will receive the same number of paid that collected the Base salary or wage agreement, and it shall be governed by the provisions of this article.

This CSMG shall be paid to all employees whose annual fixed remuneration for ordinary day full time does not exceed the sum of the guaranteed minimum wage. Given the diversity of situations existing in enterprises and workplaces containing wage improvements, and the need of that Eastern CSMG applies only after having taken into account such improvements, establish the following criteria for the calculation of this new plug-in.

They are considered improvements that should be taken into account to determine if the annual remuneration of the worker reaches or not the Sector guaranteed minimum wage: • all the concepts that allowance in addition to the salary of Convention one ordinary day, such as salary per unit of time, measured on an annual basis.

• All those concepts that apparent variability under denominations have established a fixed amount, which does not depend on a greater amount of time, quality or activity. In cases in which there is variability criteria but is guaranteed a minimum of salary for this concept, such minimum amount will be taken into account to calculate the existence or not of CSMG. For these calculations, the annual value of these concepts will be taken.

• All the concepts that give back the mere presence of the employee at work, in their annual amount. Also, all amounts received by employees under concepts of plus of transport or translocation or similar designation, which consist of a fixed amount that is perceived independently to the existence of a real shift, or that any of the months is perceived independently to the real presence of the employee at work.

• All the improvements of calculation rules of accrual of seniority that improves on an annual basis the provisions of this Convention.

It is expressly established that even if any of the above concepts were established with the character of non-compensable or non absorbable, the CSMG shall not apply when the amount of those concepts is higher than that, since the guaranteed minimum wage has been established precisely as a guarantee of minimum income, which already takes into account the existence of such fees higher than the salary of Convention of the Group IV in companies in the sector.

The Joint Commission of the Convention shall adopt criteria more detailed and exemplified wage concepts common in enterprises and its regime of computation or not for the purposes provided in this article.

In case of disagreement in the bosom of business concepts that should compensate for the guaranteed minimum wage, the Joint Committee of this Convention will act as prior mandatory mediation; in case of failing mediation the Mixed Commission shall deliver its opinion on the controversy as an interpreter of the here agreed. In this mediation and possible interpretation must apply the criteria set out in this article. The maximum period of both processes (mediation or interpretation) shall be 45 days since you have input the request of any of the parties with the full explanation of the concepts under discussion.

Plus coordination personnel integrated in the IV group that coordinates usually and throughout their working day, the functions of other workers integrated in it, will receive 3% of the wage base of the group, accrue per day actually worked.

Article 16.

Previous earnings are gross amounts, and on an annual basis, include expressly the extra payments for July and Christmas, as well as the of benefits regulated in the applicable legislation, being expressly included within the designated computer any other pay that by the concept that was, the companies were granted prior to the date of negotiation of the Convention.

The fees that are set in the wage table, are understood to be on the day complete, and understood as part of the compensation fixed by unit of time, without dealing with the circumstances determining their additions, i.e. that the annual remuneration is based on also annual hours of work resulting from the application of article 25 of this Convention.

The salary of each group is composed of all of the concepts of normal or habitual activity in works not measured by each enterprise. Not included in the salary of group the following concepts: antiquity and variable Add-ons that depend on quantity or quality of work. In the concrete and specific case of those employees who, as a result of the change of categories to occupational groups in the 2002-2004 collective agreement, was established a personal supplement in which the difference was integrated positive existing between the wage came individually receiving and wage fixed in general the salary tables for your new professional group of secondment for this particular case, the staff complement will not absorbable or compensable character and will be tradable.

Article 17. Pay review.

The year 2012 is set a wage guarantee, whose purpose is to make guaranteed representing 50% of the increase that experience the real CPI to the 31 December 2012 the increase approved in General in this agreement for that year (1.5%).

To make effective this warranty and its calculation will proceed in the following way: once it is known officially the figure of the general CPI national in 2012, if such an increase were higher than 3% will make a payment to workers by 50% which exceed the above 3%, retroactive to January without that modified the wage boards laid down in article 16 of this Convention.

On the assumption that the final CPI to December 31, 2012 is less than 1.5%, it will not be refund or modification of tables of the Convention agreed.

This payment will include the percentage difference cited on all the concepts that are referenced to the increase in general on the Convention.

The IPC will be that publish INE or public body that could replace it, formally, on an annual basis.

Article 18. Explanatory clause.

Quantities delivered to the Convention account shall be absorbable and compensated globally with the agreed increase.

Accrued arrears will be paid only once and at most to the thirty days of the signing of this Convention.

Article 19. Increases by seniority.

The staff included in the personal scope of the Convention shall receive periodic increases for years of service, consisting of the payment of cuatrienios in the amount of 5 per 100 of salary Convention appearing in the wage table corresponding to the professional group in which it is classified.

The computation of seniority shall be governed by the following rules: a) the start date for your determination will be entering the company.

(b) the computation of seniority shall be given to note all the time served in the same company, being actually worked all the months and days where the worker to have received a wage or remuneration, computing is as such licences with salary and situations of temporary disability, as well as the absence of forced character for provision of military service or appointment to post public or trade union. He is not estimated unpaid time.

(c) be computed antiquity because of all of the years rendered within the company, which is the professional group that found framed.

(d) also be estimated services companies on probation and eventual regime, when immediately after end of said character to occupy plaza in the staff of the company.

(e) in any case, which change their group receive salary base than the one into which are incorporated, the cuatrienios that apply them since joining the company, computed the antiquity in the form of the rules above, but calculated in its entirety on the new wage agreement.

(f) in the event that a worker ceases in the company from dismissal or his will without requesting unpaid leave, if you subsequently reingresase in the company, the computation of seniority is effected from this last entry, losing all their rights and seniority previously acquired.

Article 20. Permanence.

In order to recognize the seniority in the service of the same company, all those employees whose tenure in the company reached the twenty-five years, receive an amount in cash in the amount of €600. Similarly, people who reach a dwell time of forty five years shall receive an amount in cash in the amount of € 1,050. Such amounts shall be paid only once.

Those companies that have paid amounts for these or similar concepts, prior to the entry into force of this Convention shall be exempt from subscriptions for those workers that them had perceived, either that was the amount paid, and must do so under the conditions laid down in this article, following the entry into force of this Convention.

Article 21. Retirement.


It will be each time legislation provisions.

Article 22. Help for death.

In case of death of the worker, having spent at least a year since joining the company, it is is forced to satisfy their right holders the amount of three months, each of them equal to the latest perceived by the worker, increased with all inherent in the same emoluments.

Article 23. (IT) temporary disability.

In case of low temporary disability duly accredited by Social Security, the company will complete benefits that necessarily entitled the worker/a, up to 100 per 100 of earnings subject to contribution and up to a maximum duration of 18 months, without prejudice to the provisions of article 39 of the collective agreement.

Chapter IV Conference, schedule, overtime and holiday article 24. Working hours and schedules.

Working time, for all those workers affected by the present Convention, for 2011, may not exceed of one thousand seven hundred seventy-six hours (1,776) annual effective computation of work, both for the departure day the continued.

The annual working hours, for the year 2012 is 1.768 hours.

It means day split that where there is a one hour minimum uninterrupted rest.

At the beginning of each calendar year companies designated, in accordance with the works Committee or delegate (s) staff, the work schedule of the same year.

On 24 and 31 December the ordinary working day will end at the fourteen thirty hours.

Article 25. Overtime.

For the payment of overtime be taken into account the provisions of the legislation in force.

Companies should ensure the Elimination of overtime considered as usual, adapting to their own structures and systems of work.

In those cases that such removal will be difficult, will be to the provisions as to the maximum number of the achievable, ensuring the replacement in those cases that will be possible, by the contractual arrangements referred to in article 9.

««For the purposes laid down in the legal provisions in force and given the specific nature of this sector, are considered as overtime for the undertakings included in the scope of this Convention, those which are caused by unforeseen absences, keeping periods end in production situations of health abnormality, widespread variations of the» stock» for reasons not attributable to the company , and by changes of shift or adaptation of mechanization systems, as well as those made to cover periods outside normal hours and service of guards on holidays.

For the amount of overtime, the company management will notice to the labour authorities together with representatives of the workers.

Companies may agree with their workers compensation overtime in free time equivalent, and not in their compensation.

Article 26. Holiday.

All workers fall within the personal scope of the Convention will have each year a period, not replaceable by compensation of thirty calendar days paid holiday, or the proportion which corresponds in the case of lead not working in the same company the year necessary to the full enjoyment of this right.

Period and the date of your enjoyment will be set at the beginning of the year, by mutual agreement between the company and the legal representatives of workers in order that there is a principle of equity and Board. In case of disagreement, the establishment by the company will have Executive character, without prejudice to claims which may be applicable.

When a worker ceases in the course of the year, will be entitled to the proportion of holiday in reason to time worked. The worker will know the dates that correspond to him two months ago, at least from the beginning of the enjoyment. When the holiday period fixed in the company vacation calendar to which refers the previous paragraph coincides in time with a temporary disability arising out of pregnancy, childbirth or breastfeeding or the period of suspension of the contract of employment provided for in article 48. 4 and 48.bis of the army, is entitled to enjoy holidays on a date other than the temporary incapacity or the enjoyment of the permission as by application of the rule applicable you, at the end of the period of suspension, although he finished the calendar year to which correspond.

In the event that the holiday period coincides with a temporary disability for contingencies other than those set forth in the preceding paragraph which hinders the worker to enjoy them, total or partially, during the calendar year to which correspond, the worker may do so once end their inability and always that not after more than eighteen months from the end of the year in which have been originated.

However this, annual leave shall be thirty-one natural and consecutive days for those workers that for reasons beyond his control and organization of company, enjoy them during the months of January, February, March, April, November and December.

Chapter V licensing and sabbaticals article 27. Licenses.

The worker, prior notice and justification, may fail or be absent from work, entitled to compensation, by any of the grounds and the following time: to) fifteen calendar days in the event of marriage.

(b) three days for child birth and death, accident or illness serious, relatives up to the second degree of consanguinity or affinity. When for this reason the worker needs make a move to the effect, the period shall be four days.

(c) a day for transfer of normal residence.

(d) by the time necessary, for the fulfilment of an inexcusable duty of public and personal character. When a given period will be recorded in a standard legal or conventional, it will be what is available in terms of duration of the absence and their compensation.

When the fulfillment of the duty before concerned involves the impossibility of providing proper labour by more than 20 per 100 working hours over a period of three months, the company spend to the worker affected the situation of absence regulated in paragraph 1 of article 46 of the Statute of workers.

In the event that the worker/a, fulfilment of duty or charge performance, perceived compensation, will be deducted the amount of wages to which he was entitled in the company.

e) to perform functions, trade union or staff representation in the terms established in the Statute of workers.

(g) a day in cases of marriage of children, parents, or siblings, on the same date.

Before the evolution of changing social reality in family matters, are recognized the same rights that the Convention provides for spouses in marriage to persons who, not having been married among them live in stable and long-lasting, affective union prior justification of these extremes through certification of the corresponding official register of couples in fact.

Article 28. Sabbaticals and suspension with reservation of job.

a) workers with one year of seniority in the company, may apply for the unpaid leave for a period of at least four months and no more than five years. This law only may be exercised again by the same worker if four years have passed since the end of the previous leave.

The leave of absence shall be always granted without entitlement to any payment from the company while it lasts and may not be used to provide services in similar companies that involve competition, unless expressly authorized in writing to do so. If the surplus infringe this rule, means that it terminated the contract which had voluntarily and will lose all their rights.

While the producer to stay on the leave of absence will not be computable to no effect.

The request of leave of absence, in any case, will be made in writing and submitted to the corresponding higher a month in advance, at a minimum, who will provide the appropriate regulatory procedure.

Reinstatement must also be requested a month in advance to the date of the completion of the enjoyment of the leave of absence, being admitted in this case the worker/a with automatic character.

(b) the employees shall be entitled to a period of leave of not more than three years to cater for the care for each child, both when it is by nature, such as by adoption, or in cases of foster care, both permanent and pre-adoptive, counting from the date of birth or, where appropriate, the judicial or administrative decision.

They will also be entitled to a period of leave of not more than two years, workers to attend to the care of a relative, up to the second degree of consanguinity or affinity, for reasons of age, accident or illness can not stand by itself, and not carry out paid activity.


The leave of absence referred to in this paragraph, whose period can enjoy fractional form, is an individual right of workers, male or female. However, if two or more employees from the same company to generate this right by the responsible subject, the entrepreneur may limit simultaneous pursuit for justified reasons of operation of the company.

As a new subject that causes turned right into a new period of leave of absence, the home of the same will end to which, if any, come enjoy.

The period in which the worker to remain on leave in accordance with the provisions of this article shall be computable for purposes of seniority and the worker will have right to assistance to vocational training courses, whose participation shall be summoned by the entrepreneur, especially on the occasion of his return. During the first year will be entitled to the reserve of their job. After this period, the reservation will be referred to a job of the same professional group or equivalent.

However, when the worker to be part of a family that has officially recognized the status of large family, the reservation of your job will be extended up to a maximum of 15 months in the case of a large family of general category, and up to a maximum of 18 months if it's special category.

Everything that is not contemplated by this article you will be current legislation at all times.

Chapter VI article 29 disciplinary regime. Disciplinary regime.

1. the company shall be punishable acts or omissions punishable incurred by workers included in the scope of this Convention, in accordance with the graduation of fouls and penalties established in the present text.

2. any failure by a worker will be graded according to their importance and transcendence in mild, serious or very serious.

3 minor misconduct: minor misconduct, the following will be considered: a) the sum of lack of timely assistance to the job when exceeding fifteen minutes in a month.

(b) pursue the corresponding low timely when it fails to work for justified reason, unless it is proven the impossibility of completing it.

(c) small oversights in the conservation of genres or the material of the company.

(d) not communicate any change of address to the company.

e) discussions with other workers inside of the premises of the company, always other than in the presence of the public.

(f) abandonment of work without just cause, even if it is for a short time. If as result thereof, be serious prejudice to the company originates or caused risk to the integrity of the people, this lack will be held as serious or very serious, as the case may be.

(g) lack of cleanliness and personal hygiene when it is such that it could affect the production process and the company's image.

(h) not to attend the public with due diligence and correction.

(i) missing a day to work without proper authorization or cause.

4 serious faults: shall be regarded as serious misconduct as follows: to) the sum of lack of timely assistance to work when it exceeds thirty minutes in a month.

(b) disobedience to the address of the company or who are wielding address or organization in exercising regular functions on any labour. If disobedience was repeated so manifest breach of the discipline in the work or her detriment to the company or persons is stemmed, it may be described as very serious.

(c) neglect important in the conservation of genres or the material of the company.

(d) to simulate the presence of another worker, recruiting or signing for him or her.

(e) discussions with other workers in the presence of the public or that transcends this.

(f) use for own use items, belongings or clothing of the company, or out of the facility or premises of the company unless there is permission.

(g) carry out, without appropriate permission, private work during the workday.

(h) the absence to work without proper authorization or justifiable cause for two days to six months.

(i) the Commission of three minor misconduct, even if they are of a different nature, within a quarter and having mediated sanction or admonition in writing.

5 very serious failures: the following very serious misconduct shall be considered: to) missing more than two days to work, without authorization or reason in a year.

(b) the simulation of disease or accident.

(c) fraud, disloyalty or breach of confidence in mandated negotiations, as well as in dealing with other employees or any other person in the service of the company in working relationship with it, or make negotiations of trade or industry on their own or of another person, without express authorization of the company, as well as unfair competition in the same activity.

(d) make disappear, render useless or cause damage to materials, supplies, tools, machinery, equipment, plant, buildings, appliances and company documents.

(e) theft, theft, or embezzlement committed both to the company, and to coworkers or anyone else within the premises of the company or the working day anywhere else.

(f) violating the secrecy of correspondence or reserved documents of the company, or disclose the contents of these to strangers to it.

(g) cause frequent fights and quarrels with coworkers.

(h) notorious lack of respect or consideration to the public.

(i) the ill-treatment of Word or work, or the serious lack of respect and consideration the heads or members of their families, as well as peers and subordinates.

(j) any conduct, in the workplace, that attempt seriously to respect privacy and dignity through the offense, verbal or physical, of a sexual nature. If the aforementioned conduct is carried out prevaliendo of a hierarchical position, it will mark an aggravating circumstance of that one.

(k) the Commission by a superior in an arbitrary fact involving the violation of a right of the worker to legally recognized, from which arises a serious prejudice to the subordinate. The continued and habitual lack of cleaning of such nature that it may affect the production process and the company's image.

(l) habitual drunkenness and drug dependency manifested in working hours and in their workplace. The State of drunkenness or the ingestion of narcotics expressed only once will be constitutive of serious misconduct.

(m) voluntary and continuous decrease in the normal performance of their work provided that it is not motivated by any right recognized by law.

(n) the recidivism in serious, albeit of a different nature, provided that is committed within six months of having produced the first.

6 sanctions regime: corresponds to the direction of the company the power to impose sanctions in the terms stipulated in this agreement. The sanction of minor, serious and very serious faults, will require written communication to the worker, stating the date and the facts that motivate it.

For the imposition of sanctions will follow the procedures provided for in the general legislation.

7 maximum penalties: the sanctions that may be imposed in each case, according to the severity of the foul, will be as follows: to) for minor misconduct: verbal reprimand. Admonition in writing. Suspension of employment and salary up to three days.

(b) for serious misconduct: Suspension of employment and salary of three to fifteen days.

(c) for very serious misconduct: since the suspension of employment and salary of sixteen to sixty days until the termination of the employment contract in cases that lack was rated at their maximum extent.

8 prescription: Faculty of the management of the company to sanction will prescribe for minor misconduct at ten days, for the serious to twenty days, and the very serious to the sixty days from the date on which that had knowledge of its Commission, and in any case, six months have been committed.

Chapter VII provisions several article 30. Work clothes.

The company will provide to all employees must two work clothes a year, of the known and typical for the different activities and that use counseling, is its optional selection of the company.

In addition to the above, personnel maintenance and delivery services, will only be equipped with footwear appropriate to the specific characteristics of the work they do, in quantity from a few a year, or replacing the damaged.

The use of these garments and footwear shall be binding and for the own work only and within the working day.

Article 31.

Given that the price of pharmaceutical specialties are official fixing, the incidence in wage improvements costs referred to in this Convention shall be compensated with a progressive increase in staff productivity, which undertakes to return to established improvements.

Article 32. Representation of workers.

In terms of the systems of representation, number, modalities and electoral procedures, as well as guarantees and rights for the representatives of the workers in the enterprise, within the areas covered by this Convention, shall apply with the specific rules of application at any time.


The works Committee or delegate (s) of staff, will meet written contracts of employment of the various forms of engagement, when they occur, except for those related to the hiring of special labour relations which will only be notified.

The number of hours per month paid legislation attributes to the legal representatives of the workers for the exercise of their duties as such may accumulate in one or several of them, whenever they are provided voluntarily by other delegates and to the company within a minimum period of one week.

««So that he may give such cumulation must be that companies had not objected within the period of thirty days from the publication of the Convention in the ' Official Gazette», by means of reliable communication to the Joint Committee of the collective agreement.

Article 33. Bulletin Board.

In the premises of the companies included in this agreement, there will be a bulletin board for use by the staff representatives with informative purposes of workers.

It is placed out of sight of the public, in a visible place.

Article 34. Right to non-discrimination.

Workers may not be discriminated against because of their affiliation or ideas, political or trade union, or by the nature of the contract.

Contracts declared fraud law by the judicial authority, shall be deemed concluded indefinitely.

Article 35. Inviolability of the person of the worker.

The worker will have right to their privacy and the consideration due to their dignity.

Records concerning the person of the worker, may be made only in their lockers and special effects, as they are necessary for corporate heritage and protection of the of the other workers of the enterprise within the center of work and hours of work. In its realization will be respected to the maximum the dignity and privacy of the worker and he will be assisted by a legal representative of workers or, in his absence from the center of work, from another employee of the company, whenever possible.

Article 36.

Manifests itself in the negotiation of the Convention, the employer representation has been formed by the National Federation of associations, distributors wholesalers of proprietary medicinal and pharmaceutical products (FEDIFAR) and the Business Association of pharmaceutical cooperative (ASECOFARMA), by the representation of workers, the State Federation of trade workers, hospitality, tourism and game of UGT (CHTJ-UGT), the Federation of textile industries skin Chemical and related DC. OO. (FITEQA-CC. OO.) and the workers Trade Union (USO).

Article 37. Joint Commission.

The negotiating parties agree to establish a joint Commission as a body of interpretation, conciliation and collective enforcement of this Convention.

Composition: The Mixed Commission is composed equally by three representatives of the workers and three representatives of employers.

This Committee may use permanent or occasional services of advisers in many matters are within its competence. These advisors shall be freely appointed by each of the parties.

Procedure: Matters submitted to the Joint Committee shall take the character of ordinary or extraordinary. They will be awarded such qualification, FITEQA-CC OO, CHTJ-UGT, use, FEDIFAR and ASECOFARMA.

In the first case, the Joint Commission must resolve within fifteen days, and the second, in the maximum of seven days.

Proceed to convene the Joint Commission, either any of the parties that comprise.

Functions: The following specific functions of the Joint Committee are: 1. interpretation of the Convention.

2. at the request of the parties, it must mediate, reconcile or arbitrate in the treatment and solution of many issues and collective disputes that may arise within the scope of the present collective agreement. The Joint Commission mean only consultations that, regarding interpretation of the agreement, mediation, conciliation and arbitration, individual or collective, submitted to it by any of the signatory organizations.

3. surveillance of the collective implementation of what has been agreed.

4 understand under invalidity Vice, of prior and compulsory form via administrative and judicial, on the filing of collective disputes arising in companies affected by this Convention arising out of the same application or interpretation.

Article 38. Collective disputes.

1 will be subject to the voluntary procedures of settlement of disputes covered by this title, those disputes or labor disputes that understanding to a plurality of workers, or in which the interpretation, subject to divergence, affect suprapersonales or collective interests.

For the purposes of this title they will also have the character of those collective disputes that, however to be promoted by a single worker, your solution is extensible or generalizable to a group of workers.

2 voluntary procedures for the resolution of collective conflicts are: a) interpretation agreed in the bosom of the Joint Commission.

(b) mediation.

(c) arbitration.

3. the mediation procedure shall not be subject to any preset handling, except for the appointment of the mediator and the formalization of the compromise which, if any, is reached.

The mediation procedure shall be voluntary and shall require agreement of the parties, which shall set forth documented divergences, designating the mediator and pointing out the management or efforts that will focus its function. A copy shall be sent to the Secretariat of the Joint Committee.

Parties, preferably from among the experts that are included in the lists approved by the Joint Commission will make the appointment of the mediator mutually agreed.

The Secretary of the Committee will inform the appointment the mediator, notifying you also all those ends that are necessary for the accomplishment of its mission.

Without prejudice to the provisions of the preceding paragraphs, any of the parties may contact the Joint Commission, seeking its good offices to promote mediation.

Made this proposal, the Joint Commission will head to the parties in conflict offering mediation.

In the absence of such a request, when there are grounds to do so, the Joint Commission may, unanimously, agree to go to parties urging them to you apply the solution to the conflict through mediation.

The proposals for solution offering the mediator the parties, may be freely accepted or rejected by them. In case of acceptance, the achieved compromise will have the same efficacy has been agreed in collective agreement.

The agreement will be formalized in writing, presenting copies to the competent labour authority for the purposes and within the period provided for in article 90 of the Statute of workers.

4. using the arbitration procedure the conflicting parties agree voluntarily entrust to a third party and accept the solution that it handed down on their differences in advance.

The agreement of the parties promoting the arbitration shall be formalized in writing, will be called arbitration commitment and will consist, at least, of the following: name of the arbitrator or arbitrators appointed.

Issues that are subject to arbitral award and time to dictate it.

Domicile of the parties concerned.

Date and signature of the parties.

They are to be sent copies of the arbitral commitment to the Secretariat of the Joint Committee and, for the purposes of documentation and advertising, to the competent labour authority.

The appointment of the arbitrator or arbitrators shall be free and will be held by impartial experts. The appointment be held in the same way that indicated for the mediators.

Once formalized the arbitral commitment, the Parties shall refrain from encouraging any other procedures on the matter or matters subject to arbitration.

When a dispute is submitted to arbitration, the Parties shall refrain from resorting to strike or lockout duration of the arbitration procedure.

The arbitration process is characterized by the principles of contradiction and equality between the parties. The arbitrator or arbitrators may request the assistance of experts, if necessary.

Arbitration resolution shall be binding and immediately Executive and accordingly will solve each and every one of the issues set out in the arbitration commitment.

The arbitrator or arbitrators, that always will act jointly, shall communicate to the parties resolution within the period specified in the commitment to arbitration, also notifying it to the Secretariat of the Joint Committee and the competent labour authority.

The resolution, if appropriate, shall deposit, registration, and publication for identical purposes than those provided for in article 90 of the Statute of workers.

The arbitration resolution will have the same efficacy has been agreed in collective agreement.

It shall apply to the arbitration procedure as indicated in article 39.3 of this agreement.

Article 39. Correction of absenteeism.


Unjustified absenteeism entails a loss of productivity and impact negatively on labor costs, hurting thus the competitiveness of enterprises and the possibility of improving the levels of employment and income of workers. The reduction of unjustified absenteeism at the level of each undertaking must be a goal shared by the representation of Association and business, given that is projected on the conditions of work, the working environment, productivity and the health of workers. Therefore they have to avoid, among other, disorders in shift, increases in volume and rhythms of work, and hours or days extra.

To this end, is established a Commission which should: identify the causes of absenteeism, analyzing the situation as well as its evolution in the field concerned (business, functional area, profiles and causes).

Establish criteria for the reduction of unjustified absenteeism, as well as mechanisms of monitoring and, if necessary, corrective measures.

Disseminate information on the situation and the measures agreed.

1. on first down for temporary disability, duly accredited by the Social Security, of the year, the company will complement benefits which compulsorily entitled the worker to up to 100 per 100 of remuneration subject to contributions and from the first day.

2 starting from the second floor and consecutive, the company does not pay any amount in the first three days even with medical proof. Starting from the fourth day and following the company will complement the benefits subject to trading which will necessarily entitled the worker to up to 100 by 100 and up to a maximum of 18 months.

Article 40. Social peace.

During the term of the agreement, social and business representation is expressly undertake to maintain social peace in the broadest sense of the concept and always referred to the commitment not to seek to alter it here agreed.

Article 41. Prevention of occupational hazards, and maternity protection.

The protection of the health of workers is a basic and priority goal of the signatory parties and considered that achieving it requires the establishment and planning of preventive action in workplaces and companies that have finally the elimination or reduction of risks in its origin, from their evaluation adopting the necessary measures, both in the correction of the existing situation and evolving technical and organizational company, to adapt work to the person and protect their health.

How many subjects relating to prevention and health and safety of workers, shall apply the provisions contained in the law 31/1995 of 8 November, prevention of occupational hazards and concordant rules, which are rules of law required minimum and unavailable.

Chapter VIII provisions article 42 end. Legislative concurrence and supplementary law.

The rules of this Convention, as when they are more favourable in their content to employees who affect, come to replace many provisions are in force on the date of its entry into force, whether or not concurrent to those agreed. In all matters not provided for in the articles of this Convention, shall apply as provided in the agreement for empty coverage («Official Gazette» of 9 June 1997 that subscribes to the protection of article 83.3 of the Statute of workers and attending the sixth transitional provision of the Royal Legislative Decree 1/1995 of 24 March) which approves the revised text of the law of the Statute of workers.

Article 43.

The signatories of this Convention adhere to the sectoral agreement III State of continuous training in trade (' Official Gazette' of 20 June).

However, bearing in mind that vocational training is one of the strategic axes to ensure the future of enterprises and workers in the Sector, as well as improvement of the possibilities of employment and promotion professional, economic and social, of the people who work in them, both parties agree to encourage joint actions for the promotion and development of the training in this Sector.

In the framework of the II agreement national continuing education that are attached by sector by the State trade agreement, parties have been promoting own shares of continuous training.

Starting from 1 January 2001 and, under what if available the third national agreement, the signatory organizations of the present collective agreement agreed mechanism accession to it they deem appropriate.

First additional provision.

The signatory parties of the present Convention, in the Joint Committee, structured the precise mechanisms to allow the same intervention in those companies where there is no legal representation of workers.

Transitional provision.

All those standards or regulated, collected or referred expressly in some specific statutory provisions and are listed in the text of the collective agreement, will have the same temporal validity to which it is applicable to the legal provision itself, leaving, repealed at the time in which occurs the repeal of the same.

Repealing provision.

«This Convention cancels and replaces completely the previous published in the Official Gazette of 18 January 2006, as well as the extension agreement Act published in the Official Gazette of 11 May 2009.»

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