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Resolution Of 18 June 2012, Of The Directorate-General Of Employment, Which Are Recorded And Published Pay Review Agreements And In Training And Performance Appraisal Referred To Collective Agreement Of Travel Agencies.

Original Language Title: Resolución de 18 de junio de 2012, de la Dirección General de Empleo, por la que se registran y publican los acuerdos de revisión salarial y en materia de formación y evaluación del desempeño referidos de Convenio colectivo de agencias de viaje.

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TEXT

Having regard to the text of the minutes of June 1, 2012, where the agreements for the revision of the salary and training and the evaluation of the performance of the collective agreement of travel agencies are collected (Convention Code No. 99000155011981) which was signed by the CEAV and AEDAVE business associations on behalf of the companies in the sector and the other by the trade union organisations CC.OO. and UGT representing the employees of the sector, and compliance with the provisions of Article 90 (2) and (3) of the Law on the Status of Workers, Recast text approved by Royal Legislative Decree 1/1995 of 24 March, and Royal Decree 713/2010 of 28 May 2010 on the registration and deposit of collective agreements and agreements.

This Employment General Address resolves:

First.

Order the registration of these Agreements in the corresponding Register of collective agreements and agreements working through electronic means of this Steering Center, with notification to the Commission Negotiator.

Second.

Arrange your publication in the "Official State Bulletin".

Madrid, June 18, 2012. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.

MINUTES OF MEETING OF THE JOINT JOINT COMMITTEE AND THE NEGOTIATING COMMISSION OF THE STATE COLLECTIVE AGREEMENT OF TRAVEL AGENCIES

In Madrid, being 10:00 a.m. on June 1, 2012, they are gathered at the headquarters of CC.OO., with direction in Lope de Vega, 38, of Madrid, the previously convened persons who then relate in representation of their respective organizations and that make up the Joint Joint Commission and the Negotiating Commission of the Collective Agreement of Travel Agencies, all in order to move the global agreement acquired in the SIMA according to the terms set out below:

Trade union representation:

Dona Angela Romero. -CC.OO.

Don Juan Manuel Noguero. -CC.OO.

Don Angel Coracho Dorado. -UGT.

Don Alfredo Herranz Escudero. -UGT.

Don Oscar Rodriguez Troiteiro. -UGT.

Dona Sara Saez Lopez. -UGT.

Don José Alberto Morales. -SPV.

Dona Susana Rodríguez. -SPV.

Business representation:

Don Jorge de Juan. -CEAV and AEDAVE.

Don Francisco Martínez. -CEAV.

Doña Ana Perello. -CEAV.

Dona Mercedes Tejero. -CEAVYT (CEAV).

AGREE

First. Transfer to these minutes, the overall agreement reached in the Interconfederal Mediation and Arbitration Service (SIMA), with file number M/092/2012/I of 10 May 2012, signed by CEAV and AEDAVE as employers of the sector more representative (100% representation); and by the trade union organizations Railway Sector and Tourism Services of TCM-UGT and Air Sector of the FSC-CCOO, with both unions representing sufficient legitimacy (69.23% representation), in (a) to the minutes of the establishment of the Negotiating Commission of the State Collective Convention Travel Agencies 2008-2011 dated February 14, 2008, and with similar representation at present derived from the act of constitution of the Negotiating Commission of the State Collective Convention of Travel Agencies dated December 26, 2011 where both trade union organisations have a 66.6% representation, to subscribe to the said agreement.

Second. The parties in the capacity of the Negotiating Commission and with the legitimacy expressed in the preceding paragraph and the provisions of Article 86.1 of the Staff Regulations on the revision of the Collective Agreement in force, as well as the Additional provision Thirteenth (Extra-Judicial Dispute Settlement) and the Fourth Agreement on Extractive Conflicts of Labour Conflicts (ASEC IV), underwrite the agreement reached in the SIMA on the wage revision (Article 24 of the Convention). Group of Travel Agencies) corresponding to the year 2011, which collects " The increase and Revaluation of the wages covered by this conflict shall be 1,05% with retroactive effect from 1 January 2011, and the payment of the same shall be made before 31 December 2012. '

This increase will apply to all salary supplements specified in Article 24 of the current Collective Agreement, as well as to the Plus NOL as set out in its Additional Provision First.

As expressed, the salary tables for the year 2011 are signed:

8

O. L.

X16 monthly gross base salary

X11 monthly transport plus

Plus N.O.L. X16

10

1.672.10

108.46

27.946, 70

Level 9

1.534.04

108.46

25,737,67

1.407.38

23.711, 17

/monitoring levels.

Level 7

1.291, 18

108.46

21.851.85

Level 6

1.229.69

20.868.03

Levels

Level 5

1.171.14

108.46

19.931, 25

Level 4

1.115, 36

108.46

0.77

19.051.07

Level 3

1,023.27

108.46

17.565, 39

Level 2

938.78

78.40

6.19

15.982.12

Level 1

861,27

63.51

14.478, 92

2011

Plus minimum function.

105.93

Festivals from 1. º to 6. º

42.70

starting from 7.

48.05

Third. The final text, which is attached to this Act, is hereby agreed on the Training and Evaluation of Performance, which is derived from the agreement reached in the SIMA act referred to above. This is based on the provisions of the Second Additional Disposition of the Collective Agreement of Travel Agencies.

Fourth. In the same terms as the first and second points, the Second Additional Disposition of the Convention is adapted as regards the system of economic and professional progression. This includes the following text in the final text on the Training and Evaluation of Performance in the Third Point. Being worded as follows:

(a) For level 1 workers who meet the progression requirements agreed in the NOL and who are therefore able to gain access to the economic and professional progression through the year of experience, collected in the Additional provision First, Progression and Promotion, paragraph B) Levels of economic progression and length of stay and in Articles 4 and 18 of the text of training and evaluation of Performance, may apply for the EVD as of 1 May 2013.

(b) For all other cases which meet the conditions of progression agreed in the NOL and which, therefore, can be accessed by the economic and professional progression through three years of experience, collected at the Disposition Additional First, Progression and Promotion, section B) Levels of economic progression and length of stay, the initial date for the computation of the time of experience will begin 1 January 2011, with the possibility to produce the requests of the EVD from of 1 January 2014.

Fifth. The parties signed and adhered to the agreement reached at the SIMA (CEAV, AEDAVE, Railway Sector and Tourism Services of TCM-UGT and Air Sector of the FSC-CCOO) agree to the creation of a Labor Foundation for the Training and Prevention of Occupational Risks, to be launched by a Technical Commission, which shall be composed of the parties referred to above within one month from the date of the conclusion of the SIMA (10 May 2012). In addition, for financing purposes, the business side will allocate 0.10% of the sector's wage bill for the financial year 2011 as a contribution, and for one time, for the establishment and establishment of such a Foundation. Subsequently, the financing system shall be established by way of collective bargaining and/or external financing.

Sixth. The trade union organisation SPV, which is not a signatory to the agreement reached at SIMA, on 10 May 2012, which is present in this Act, does not subscribe to the Agreements in the same adopted.

Seventh. Referral for deposit, registration and publication to the General Labour Directorate.

All the representations in attendance agree, unanimously, to empower Don Ángel Coracho Dorado, as representative of UGT, to carry out the necessary formalities and to sign the documents of rigour. to issue the deposit, registration and publication of the agreements of these minutes with the General Directorate of Labour.

Without more issues to be dealt with, the present minutes are raised in 7 original copies which, after reading, are signed in proof of conformity by the trade union, by UGT and CC.OO., and by the totality of the business representation (CEAV) and AEDAVE), while the session ended at 13:00 on June 1.

Article 1. Preamble.

The Joint Joint Committee of the State Collective Convention of Travel Agencies, as provided for in the Additional Disposition Second to the current Convention, aims to carry out the development and implementation of the Training actions of interest to the sector and required as requirements for the advancement and professional promotion of workers, adapted to the needs and competencies of the worker to the job to be performed.

The concreteness of the training actions listed below is determined by the Professional Family of Tourism and Hostels of the National Institute of Qualifications (INCUAL), as well as the Organic Law (i) the qualifications and vocational training courses, including vocational qualifications, covering all the relevant groups with travel agents and administration.

This commission is also responsible for developing the implementation of the assessment required as a requirement for the professional advancement and promotion of workers. The Commission is also responsible for approving a questionnaire as provided for in paragraph D of the Additional Disposition mentioned above.

The company will not be able to condition the training, progression, promotion and/or access to any job of the workers to ideological questions, sex, age, religion, race, political affiliation or trade union.

Development of the C.C.E. of Travel Agencies in the field of training:

Article 2. General criteria.

The following is the training to be carried out at each level of progression and not the content of the training modules, which must be adapted to the general criteria of the provisions of the qualifications Previously referenced professionals.

The present articulated will have a vocation to stay in time, instead the training modules will be variable according to the adaptation of the sector to the new technical and organizational needs. These adaptations will be adopted within the negotiating committee. This will take into account the principle of training professionals with extensive knowledge, both in their specific subject matter and in the appropriate administrative field, so that they have the possibility to perform their duties in any of the sector, regardless of size.

Training is an essential parameter for economic and professional progression to the next level. Companies will facilitate training for workers using their own or external means, through the means of the Labour Foundation for the Training and Prevention of Occupational Risks of Travel Agencies or through the programmes. training, jointly approved by employers and trade union organisations, within the Joint Joint Committee of Travel Agencies of the Tripartite Foundation for Training in Employment (FTFE).

The training courses or actions required for the progression of each of the levels will be set by the Joint Committee of the Sectoral Convention based on the professional qualifications of the Travel Agent in the National Catalogue of Professional Qualifications.

The worker will be able to access the training through business organizations, the Labor Foundation Training and Prevention of Occupational Risks of Travel Agencies, the company itself, the trade union organizations and/or centres recognised in the network of centres integrated by the national employment system.

The completion of training courses, as provided for in the preceding paragraph, will be of a compulsory nature for the worker, provided that the training action is carried out within the working hours; otherwise it will be voluntary, unless the worker undertook to do so. If the worker is to opt for the completion of the courses through the undertaking and is not provided with the training, the worker may request it in writing; if he has no reply or is not at his disposal. the relevant courses shall be understood as training carried out for all purposes.

For the purpose of adapting to the new system of professional classification, based on professional achievements and levels of competence, included in professional qualifications, qualifications and certificates In order to respond to the need for the current production system and the professionalization of the sector, the collective agreement establishes a number of hours for vocational training in the different levels of progression. Permanent training is an element of common interest to the enterprise and workers, as a fundamental right and instrument for the maintenance of employment, economic progression, for the promotion and personal development of the worker, but also in a strategic instrument for the productivity and competitiveness of enterprises.

Article 3. Training materials.

They are established, according to the levels, troncal and optional formative matters.

The trunk materials corresponding to levels 1, 2 and 3 shall be given to all workers who are located at the above levels, the materials listed in Annex I to this text.

The optional subjects are determined by the concept of specialisation necessary according to the particularities of the position to be performed and the commercial objectives of the company. The optional subjects listed in the catalogue in Annex I shall be submitted in accordance with the provisions of Article 5 "System of Impartition" and shall be agreed between the Directorate of the Company and the Legal Representation of the Workers in the event that it is last does not exist, will be agreed between company and worker.

Article 4. Training system.

For the training required during level 1, in order to strengthen training during the first years, 150 hours are established, distributed in 50 hours per year. In the event that the worker requests the performance evaluation (EVD) at the end of the first year of experience at the level, as provided for in the current collective agreement, he must have completed the 50 teaching hours corresponding to the first year; also, in order to enable the worker to validate the other training of the aforementioned level, he/she must prove the knowledge of these matters.

The accreditation system for such training will be through one of the following paths:

-Experience in other companies in the sector, with a minimum of two years at level 1, or having been framed at higher levels over the same time period.

-Be a graduate or graduate in Tourism.

-Be a medium or higher Technical Travel Agent.

In the event that the worker is unable to prove the academic experience or training expressed in the previous paragraph, the worker may request the EVD as provided for in the article of the Assessment. of Performance.

At all other levels, the following are set as the following:

-Level 2, 120 hours distributed over 40 hours a year.

-Level 3, 120 hours distributed over 40 hours a year.

-Level 4 to 7, 90 hours distributed over 30 hours a year.

-Level 8 to 10, 60 hours distributed over 20 hours a year.

Article 5. Partition system.

At level 1, the whole of the teaching hours shall be comprised of the trunk materials listed in Annex I.

At levels 2 and 3, the trunk materials of Annex I and an optional subject matter shall be imparted in accordance with the provisions of Article 3 of this text.

At levels 4 to 7 all subjects shall be optional and one subject shall be given in each year of those referred to in Annex I.

In the last three levels (8, 9 and 10) the subjects to be imparted will be of free choice between the company and the worker. Such materials shall be aimed at improving the training of the employees ' duties at these levels and given their character of specialisation as set out in Annex I.

It will be agreed between the company and the Legal Representation of the Workers (in the absence of the worker), the form of delivery of the training courses in face-to-face hours, mixed, on-line training or supervised teaching. at the job. (Where the training courses are provided in this text, the training courses shall cover any kind of training).

Training will be provided whenever possible within the ordinary working day. The hours of training which cannot be carried out within the working day may be completed in exceptional circumstances outside the ordinary course. In this case, the same will be computable as an effective working time for the maximum day of work collected in article 15 of the collective agreement.

Once the worker completes a training course, either through the training resources of the company, the Labour Foundation or by the completion of the courses approved in the Joint Committee of the Travel agencies, the company or the competent training centre shall issue in writing the certificate of the course carried out, expressing the duration of the course and the system of delivery.

Article 6. Approval.

Workers who hold the title of the middle or upper module of Travel Agents, as well as the degree or diploma in Tourism, will have approved and validated all training courses for travel agents Levels 1, 2 and 3; therefore, no reference shall be made to the training referred to and the training parameter shall be validated for the purposes of economic and professional progression. However, they must comply with the remaining parameters, EVD and experience at the level, as set out in section A of progression and promotion of the Additional Provision of the Collective Convention of Travel Agencies.

Also, personnel who accredit the possession of official titles for a given course will obtain the validation of the course.

In the minimum established length of stay in each of the progression levels, the worker will have to accredit the attendance to the established and requested courses for progression to a higher level, or to accredit the professional certification or certification covering the skills and competences associated with the professional achievements required.

If there is mobility of workers among different companies in the sector, the worker must provide certification of the courses carried out, validating the new company all the materials recognized for the purposes of economic and professional progression relative to the training parameter only.

In any case, workers who have validated the relevant training materials may voluntarily choose to take the training offered by the company.

Article 7. Coordination with the Legal Representation of Workers (RLT).

If RLT exists, a training monitoring commission will be set up within the company, which will be part of the legal representation of the workers and the company. The Commission shall meet in a semi-annual meeting, or whenever necessary, and shall be responsible for jointly analysing the processes, assessment systems, results, possible conflicts arising from the training, and/or amending or extending it. catalogue of training courses according to the needs of the company and the workers. In addition, appropriate guidelines will be established to improve the training system in order to achieve maximum objectivity in these processes.

The worker with exclusive dedication to trade union functions will perform the training according to the provisions of the present article; to request the EVD he must treasure the experience in the level in the same way as the rest of the workers.

Article 8. Individual Training Permissions.

Individual Training Permissions (PIF) are permits authorized by the company to a worker, for the completion of a course aimed at obtaining an official accreditation, including certificates and certificates of professionalism, as well as the processes of recognition, assessment and accreditation of professional skills and qualifications (Art. 21 OM 2307/2007).

The wage costs corresponding to the working hours that the worker invests in his/her training will be subsidised, limited to 200 hours per leave and academic year or calendar year.

Individual Training Permissions may be used, in accordance with what is established by the Ministry of Labour and Immigration under the development of Article 12 of Royal Decree 395/2007 of 23 March 2007 on the Vocational Training Subsystem for Employment and Order TAS/230 7/2007 of 27 July 2007, which partially develops Royal Decree 395/2007 in the field of demand training.

Transitional disposition. The Second Additional Disposition of the convention is adapted as follows:

(a) For level 1 workers who meet the progression requirements agreed in the NOL and who are therefore able to gain access to the economic and professional progression through the year of experience, collected in the Additional provision First, progression and promotion, point (B) Levels of economic progression and length of stay and in Articles 4 and 18 of this text, may apply for EVD as from 1 May 2013.

The workers affected by the preceding paragraph shall be trained for one year (50 hours).

(b) For all other cases which meet the conditions of progression agreed in the NOL and which, therefore, can be accessed by the economic and professional progression through three years of experience, collected at the Disposition Additional First, progression and promotion, paragraph B) Levels of economic progression and length of stay, the initial date for the computation of the time of experience will begin 1 January 2011, with the possibility of producing the EVD requests from the beginning of 1 January 2014.

For the workers referred to in the preceding paragraph, the training corresponding to the year 2011 and the first half of 2012 shall be granted for the purposes of economic and professional promotion, only for the purposes of economic and professional promotion; They will only have to do the training of the second half of 2012 (50% of the total hours) and the year 2013. However, the assessment period in respect of the EVD shall be that of the period of stay at that level (2011-2012-2013).

ANNEX I

Training for travel and administration agents

Level 1:

Troncals.

Customer support. Advice on services, products, fees, sales of tourist services and the issuance of documents.

Basic computer. Basic management of internal tools, office, basic GDS.

Basic tourist legislation.

Basic administration. Document control in relation to customer-billing.

Product sale I. Basic knowledge + tourism geography.

Basic language of the I activity

Level 2:

Troncals.

Basic computer II. GDS and IT applied to tourism.

Information Unit Management. Basic administration of the job center.

Product Sale II. Geography and national and international tourism offer.

Combined Trips I. To take combined trips already made by the wholesalers-wholesalers.

Basic language of activity II.

Level 3:

Troncals.

Informatics III. Advanced applications.

Sales of Products III. Geography and supply of specialized national and international products.

Combined travel II. Offer of specialized travel.

Basic language of activity III.

Optional levels 2 and 3.

Accounting I. Accounting Fundamentals. Basic level.

Managing databases.

Telephone attention. Telephone call techniques.

Programming of custom-made packages I.

Managing events I. Getting started with event management, negotiation, and hiring participation.

Accounting II. Accounting entries, general accounting plan.

Programming of tailored packages II.

Second tourist language I.

Introduction to quality.

Client loyalty.

Prevention of claims.

Teamwork.

Gender equality

Basic techniques for organizing personal work.

Optional levels 4 and 5.

Business oriented taxation I. IVA, IAE, TAX.

Business oriented taxation II. Corporation tax.

Tourism Marketing I. Basic Concepts.

Event Management II. (The worker elaborates and operates autonomously).

Trading techniques.

Commercial delegates.

Work contracts.

Claims management.

Basic language of activity IV.

Basic V activity language

Second tourist language II.

Second tourist language III.

Managing the information received.

Tourist animation.

Assistance, accompaniment and tour group guide.

At levels 6 and 7, the subjects will be directed to the formation of controls.

Optional level 6-7.

Team management.

Planning and organization in the job.

Quality management in tourism entities.

Tourism Marketing II.

Payroll and social insurance management.

Leadership and motivation.

Elaboration and budget control of the business unit.

Communication and emotional intelligence.

Second language III.

Second language IV.

Protocol and PR.

Training and employment orientation.

Command training (level 8-10).

The development of the training modules at the command levels (8 to 10) will be developed within each company according to the needs of the companies (size, structure, diversification of the business, etc.).

Supplementary training.

This catalogue of courses is not limited, and business organisations can offer their workers the complementary training they consider appropriate to meet the particular needs of each individual. organization.

Performance Evaluation (EVD)

Article 9. General criteria.

The performance evaluation aims to know the extent of the employee's performance and performance in the most accurate way, providing information about his/her competence and progress.

The assessment system should be directly related to the job role. In any case, this assessment will always maintain an objective, measurable and recognizable character in the sector.

Article 10. Assessment system.

The assessment must be carried out at the express request of the worker, once the minimum length of stay at the level at which he is found and having completed the training courses corresponding to his/her level, all this as provided for in paragraph A) (Criteria for progression) of the NOL.

The EVD will be requested in writing by the worker/with the company being obliged to receive the same, signing the receipt with the delivery date. In addition, the worker/a copy of the said letter to the Workers ' Legal Representation (RLT) in case it exists. From that date, the company will initiate the evaluation process, which will be considered complete with the written communication of the results obtained to the worker within a period not exceeding 30 calendar days from the worker's request. If the deadline is met, the effectiveness of the progression shall be the date of delivery of the results obtained. In the event of failure to comply with this deadline, the effectiveness of the progression shall be that of the date of application of the EVD by the worker, in the latter situation the undertaking shall pay the accrued arrears.

The EVD can also be promoted by the entrepreneur at any time without the need for the training and permanence requirements to be met; if the worker is unable to reapply for the evaluation once the parameters listed in the first paragraph of this article are met.

The evaluable period will match the length of stay at the corresponding level as provided in paragraph B) (Economic progression levels and length of stay) of the NOL.

The EVD shall be performed as set out in Article 6 and 7 of this text and the result may be eligible or unfit. In the event that the worker obtains the qualification of fit, the EVD and the effectiveness of the progression (ascent to the upper economic level) will be overcome.

Workers who are deemed unfit may apply for a new EVD for a minimum of one year from the date on which the previous assessment was carried out. In the case of being overcome, the date for progression will be that of the new assessment. In this situation, the time period between the first evaluation and the following will not compute for the experience effects at the top level.

Article 11. Responsibility and realisation of the EVD.

The work of EVD is the responsibility of the employer or company. For practical reasons, functions may be delegated to the HR department, or to the direct superior, who will be a regular evaluator given his/her closeness and knowledge of the assessed workers. In either case, the EVD must be visada by the HR department or in the absence of the employer or the Company's Directorate.

Article 12. Certification and approval.

Companies will have to issue the corresponding certificate in case the worker obtains an eligible qualification in the EVD.

If worker mobility exists between different companies in the sector, the company will have to assess the worker on the basis of the time it has served in the company itself. In any case, workers will be able to apply for the EVD after the level of experience has been met at the level, taking into account the sum of the experience in the various companies. The worker will be required to present the corresponding documentary accreditation.

The workers who are performing the functions specified in the Additional Disposition First, Progression and Promotion, I) ("Plus of Functions"), will have approved and validated the EVD of the level in the one who is covered by the receipt of wages. In addition, the worker with exclusive dedication to trade union functions will be overcome with the EVD once the training and the time of stay at the level have been completed.

Article 13. Coordination with the Legal Representation of Workers.

If RLT exists within the company, an EVD monitoring commission will be set up, composed of the Legal Representation of the Workers and the company. The Commission will meet quarterly and will be responsible for jointly analysing the processes, evaluation systems, results and possible conflicts arising from the EVD. In addition, appropriate guidelines will be established to improve the evaluation system in order to achieve maximum objectivity in these processes.

Article 14. Protocol for action and development of work.

Companies will have to submit in writing to the worker/the protocol of action and development of the work at the beginning of the period to be evaluated. The protocol shall be drawn up by the undertaking and drawn up in a clear and concise manner, taking into account the salary level in which each worker is employed. This document shall be a procedure for the action and development of the work which shall contain the basic guidelines for the post of each worker or collective of similar tasks.

For the purpose of this preparation, account will be taken of the relationship with the structure of qualification levels developed by INCUAL (Law 5/2002 and R.D. 1.128/2003 and modifications of the R.D. 1416/2005), so that there is a direct relationship between the working and development protocol of the work and the subsequent EVD of the worker. It will be done based on the following table:

Protocol (INCUAL definition)

Level 1

Competition in a reduced set of relatively simple work activities for Standard processes, limited theoretical knowledge and practical skills to apply

2

Competition in a set of well-determined professional activities, with the ability to use the instruments and own techniques. It mainly concerns an implementation work which may be autonomous within the limits of those techniques. Requires knowledge of the technical fundamentals of your activity and understanding and application capabilities of the process

Level 3

Competence in a set of professional activities that require the domain of various techniques and can be run autonomously. It involves the coordination and implementation of technical and specialized work. Requires understanding of the technical fundamentals of the activities and the assessment of process factors and their economic impacts

Level 4-5

Competition in a wide range of professional activities with greater complexity derived from their specialization, carried out in a wide variety of contexts that require to conjugate variables of technical, economic or organizational to plan actions, define or develop projects, processes, products or services.

Level 6-7

Competition in a broad set of professional activities of complexity arising from your specialization, performed in a variety of often unpredictable contexts that involves planning actions or devising products, processes or services. Greater personal autonomy. Frequent responsibility for resource allocation, analysis, diagnosis, design, planning, execution, and evaluation

Level

8-9-10

Competences relating to the command functions for each level.

Article 15. Scoring system.

The EVD will be performed in the official questionnaire collected in this text. In the EVD, different aspects related to the activity of the worker will be assessed during their stay at the level of evaluation, taking into account the protocol of action and the development of the work set out in Article 14 of the present text.

The direct superior will complete the questionnaire, proceeding to the particularized score of the following items that will value the performance of the worker in the evaluation time, granting the score according to his criteria, which will be substantiated and in no case arbitrary.

The completion of this questionnaire will be carried out in the presence and collaboration of the worker/to and will be signed by both parties with copy for the worker. In the event of non-compliance by the worker, by total or partial discrepancies in the score of the superior, the latter may indicate in the comments section the reasons for the disagreement.

Article 16. Conflict resolution within the company.

If the worker shows disconformity with the outcome of the final assessment, he/she may raise the subject matter of the dispute to the Commission of Follow-up of the EVD undertaking in accordance with Article 13 of this text. The Monitoring Committee may ask the parties for the means of proof it deems appropriate in order to objectify the evaluation process and its procedure.

The Commission shall issue a report in a period not exceeding two months. In the event of an agreement between the parties within the Commission, the report shall be binding on the worker and the undertaking. In the event of disagreement, the duly substantiated position of the parties shall be established in that report and the possibility of the worker/a referring the case to the Joint Joint Committee of the Collective Convention of Travel Agencies shall be indicated. forms of contact with the same.

The Commission shall resolve the matter in accordance with Article 17 of this text.

Article 17. Out-of-court settlement of disputes in the field of joint joint committee of the state collective agreement of travel agencies.

The Joint Commission will meet on a quarterly basis with the aim of analysing and resolving the discrepancies that have arisen and raised this body in the field of companies in relation to the EVD. For the establishment of contact with this commission, the following e-mail address is created solucionevd@gmail.com, which will be of exclusive use to raise the conflicts or controversies arising from the EVD; in no case can it be used for functions other than the expressed.

The Joint Commission will articulate the initiation of the resolution procedure provided that the following requirements are met:

1. The worker will submit a request for interpretation and resolution, with a copy to the company's management and to the Legal Representatives of the Workers in case they exist, based in a concrete manner on the subject matter of the dispute. In this communication, the evaluation of the four questionnaires referred to in Article 19 of this text and a copy of the report of the Commission for Monitoring the EVD set up within the company should be carried out in the event of that exists.

2. The Management of the company, within a period not exceeding seven days from the date of receipt of the request for interpretation and resolution (submitted by the worker/applicant), may send the reasons in writing to the Joint Committee. properly based on the outcome of the assessment process by establishing an argumented and concrete position of the object of controversy.

3. The Joint Committee shall examine the documentation provided and may request all the means of evidence it deems appropriate in order to objectify the evaluation process. The Commission shall analyse the evaluation procedure from its inception by verifying that it complies with the provisions of this Article.

4. A worker and a company shall be obliged to provide the documentary evidence which the Joint Commission considers appropriate to be effective. In the event of the failure to provide the means of evidence referred to, or do not comply with the specific fact, they shall be construed as not proven to the appropriate effects of the resolution of the case raised.

5. The Joint Committee may decide when there has been a total or partial failure to implement it in the evaluation process.

6. The Joint Committee may decide when, on the basis of the data obtained, the assessment has been carried out in an objective manner and the assessment procedure complies with the requirements set out in this text.

7. The Joint Committee may decide when, on the basis of the data obtained, the assessment has not been carried out in an objective manner and the assessment procedure does not comply with the requirements set out in this text.

8. The Joint Commission will not be competent to resolve all disputes involving proven subjectivity in the evaluation process.

9. If agreement is reached unanimously by its members within the Joint Commission, a report will be issued which will be sent to the parties and the outcome of the report will be binding on the worker and company. Such a report will be properly and concretely grounded by establishing the appropriate legal bases. If the report is favourable to the worker, the Commission will have to give the assessment process beyond that, so the company will have to make the worker's economic progression effective at the next level of pay by date. of the request of the EVD by the worker, and shall pay the corresponding salary difference with retroactive effect. In any event, the parties may take appropriate legal action.

10. If there is no agreement within the Joint Committee, a non-binding report will be issued, duly substantiated, with the points of disagreement. In this case, the parties may exercise the appropriate legal action.

Article 18. Worker's request for EVD/first year at level 1.

According to the provisions of paragraph B) of the Additional Disposition First (N.O.L.) of the current Convention, workers who are located at the wage level 1 may remain in the same 1 to 3 years, the worker may be able to request the evaluation of the performance completed in the first year.

For workers to be able to apply for the EVD at the end of the first year they will have to prove the academic experience or training in Article 4 of this text. In this case, the general rules laid down in the present text of the EVD shall apply.

With the exception of the rule expressed in the preceding paragraph, in the event that the worker is unable to accredit the academic experience or training, he/she may apply at the end of the first year of the EVD; however and exclusively in this situation, to be qualified as fit, the worker must obtain a score equal to or greater than 6 points, in the sum of the four questionnaires.

Article 19. Questionnaire.

The questionnaire will be based on the assessment of the skills of the worker in relation to four different aspects: general assessment, technical skills, competences of personal effectiveness and other competences. The evaluation will be performed according to the protocol delivered by the company to the worker.

The overall assessment will be assessed by granting the corresponding score according to the compliance of each item and in none of them can be applied.

The technical skills score, personal effectiveness competencies, and other competencies will be awarded only on the scale corresponding to each item according to its degree of compliance.

In the event of an impossibility of assessment and punctuation of any of the items as a result of the lack of relationship between the competence to evaluate and the service delivery of the worker, it will be invalidated, in agreement with the worker, the corresponding item and the corresponding proportionality shall be applied in the total score, and therefore, to the minimum necessary to obtain the qualifying qualification in the following paragraph.

To overcome the EVD, the sum of the score of the four questionnaires will be taken into account. In order to qualify, the worker will have to reach at least the total of five points on the ten possible points, of which at least 1.75 points must correspond to the scores obtained in the questionnaires technical skills, skills of personal effectiveness and other competences. In the event of scoring less than five points, the outcome of the EVD will be unfit.

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