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Resolution Of January 7, 2011, Of The General Directorate Of Labour, Which Is Recorded And Published The Xxiii Collective Framework For Pharmacies.

Original Language Title: Resolución de 7 de enero de 2011, de la Dirección General de Trabajo, por la que se registra y publica el XXIII Convenio colectivo marco para oficinas de farmacia.

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TEXT

Having regard to the text of the XXIII Framework Collective Agreement for pharmacy offices (Convention Code No. 99003895011981), which was signed, dated 18 October 2010, by the FEFE and FENOFAR Business Associations, in representation of the companies in the sector, and of the other by the trade union organisations FTS-CC.OO, UTF and FETRAFA, representing the working group concerned, and in accordance with the provisions of Article 90 (2) and (3) of the Royal Decree Legislative 1/1995, of 24 March, approving the recast of the Law of the Statute of the European Workers and Royal Decree 713/2010, of 28 May, on the registration and deposit of collective agreements and agreements of work,

This Work General Address resolves:

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

Second. -Dispose your publication in the "Official State Bulletin".

Madrid, January 7, 2011. -Director General of Labor, Raul Riesco Roche.

XXIII FRAMEWORK COLLECTIVE AGREEMENT FOR PHARMACY OFFICES 2007-2010

PRELIMINARY CHAPTER

Framework Agreement for the Structure of Collective Bargaining in the Pharmaceutical Sector

1. Preamble

1.1 Article 83 of the Workers 'Statute (ET), in its number 2, states that " by means of inter-branch agreements or collective agreements, the most representative trade unions and employers' associations, State or Autonomous Community character, may establish the structure of collective bargaining, as well as set the rules to resolve conflicts of concurrency between conventions of various fields and the principles of complementarity of the various contracting units, always fixing in the latter case matters which may not be subject to negotiation in lower areas. '

1.2 The State Framework Collective Agreement for Pharmacy Offices, which is the twenty-third order, has been negotiated among the most representative trade union organisations in the sector, i.e. on the one hand, the Union of Pharmacy Workers (UTF), the Federation of Health and Sociohealth Sectors of CC.OO. (FSS-CC.OO.), the Public Service Federation of UGT (FSP-UGT) and the Federation of Pharmacy Workers (FETRAFA) as staff representatives and, on the other hand, the Business Federation of Spanish Pharmacists (FEFE) and the National Federation of Pharmacy Offices (FENOFAR) representing the employer, since no more organizations have been presented that have been able to prove the fulfilment of the basic requirements of representativeness required by the article 87 of the ET. Nevertheless, the union entity Federation of Public Services of UGT (FSP-UGT) despite having been present in all the negotiations being part of the Negotiating Table and signed all the minutes raised, decided not to to subscribe to the convention, with the legal consequences of this self-exclusion, which is why the 23rd State Framework Collective Convention for Pharmacy Offices for the period 2007-2010 has been signed by the organizations Union of Pharmacy Workers (UTF), the Federation of Health and Sectors Sociosanitarios de CC.OO. (FSS-CC.OO.) and the Federation of Pharmacy Workers (FETRAFA) as representatives of staff and, on the other hand, the Business Federation of Spanish Pharmacists (FEFE) and the National Federation of Pharmacy Offices (FENOFAR), in representation of the employer.

1.3 With the publication of the Royal Decree Law 5/2000 and the R.D. 2402/2004, legislative amendments were introduced in the Pharmaceutical Sector in Spain that caused the progressive decrease of the commercial margins of the Offices (a) of Pharmacy, which has subsequently been aggravated by the lack of the mandatory annual update of those provisions and has resulted in the disincentive of investments in expenditure, among others, of staff.

2. Framework Agreement

2.1 The parties to this Convention have seen the need to provide basic criteria for negotiation procedures in lower territorial areas, through the establishment and development of the matters which under no circumstances will be able to be negotiated, individually or globally, in those areas; all this, with the aim of guaranteeing the stability and oneness that we consider vital for the development of the activity of our respective represented.

2.2 To these effects, the signatory organizations directly assume the commitments contained in this convention that have a vocation of universality at the state level, since they are the most representative in this field, both with regard to the social part as to the economic part, so that, by leaving here the necessary mechanisms for the implementation and implementation of such agreements, they determine that the same will have normative and non-binding nature and continue in force even after the temporary validity of this Convention and during the negotiation of the next.

2.3 Finally, it is agreed to establish that all the matters covered by this Collective Agreement shall be of a non-negotiable nature in the lower field, with the exception of matters relating to remuneration and (a day), which may be improved by agreements between the parties, both those incorporated into individual employment contracts and those which may be agreed in territorially lower agreements, without prejudice to the recognition of rights acquired, more beneficial conditions and ad personam conditions that live on entry into This collective agreement is effective.

CHAPTER I

Application scopes and general principles

Article 1. Nature, personal and functional scope.

This Convention has the nature of the Framework Convention, as a regulator of the structure of collective bargaining, within its territorial and functional scope as defined in the following Articles, providing it, at the same time, of the nature of the General Convention for the Sector of the Pharmacy Offices and their staff, in which the concept comes to establish minimum and non-derogable working conditions within the functional scope for all employed persons employed in those, in accordance with Article 1. of the Staff Regulations.

Article 2. Territorial scope.

This Convention will extend its scope to the entire territory of the Spanish State.

Article 3. Duration and duration.

3.1 This Collective Agreement shall enter into force on 1 January 2007 and shall be valid until 31 December 2010, with its economic effects being those set out in the tables of remuneration, included in Annex I.

3.2 The payment of the salary differences arising from the application of this Convention shall be made in accordance with the payroll of the month following its publication in the BOE, with the same starting from that date on the 10th % of late interest that marks the Act.

Article 4. Complaint and extension.

4.1 The Convention will automatically be denounced by the parties that form the Negotiating Commission of the Convention on 31 December 2010, and the new Negotiating Table should be established, with the aim of initiating the negotiations. negotiations for the following Convention, before 31 January 2011.

4.2 Denounced the Convention, as long as no express agreement is reached on the new one, it will be understood that its normative content is extended automatically, increasing annually, in the month of January, the remuneration concepts included in the salary tables, in the same amount as the actual Consumer Price Index (CPI) of the previous year, as provided for in Article 86.3 of the Workers ' Statute.

Article 5. Binding to the entire.

5.1 The agreed conditions form a whole organic and indivisible and, for the purposes of their practical application, will be considered globally in annual computation.

5.2 In the event that by the Jurisdiction of the Social Order, either at the request of the Labour Authority or of any of the interested parties, the annulment of any precept of this Convention, the Negotiating Commission, in the period of two months from the finality of the judicial decision, shall proceed to the renegotiation of the contents of the cancelled part, remaining in force, in any case, the remainder of the Convention until a final agreement is reached.

Article 6. Minimum conditions and ad personam guarantees.

The contents of this Convention shall be of a minimum character and, in consequence, the most beneficial conditions to be observed and enjoyed by the staff employed for the entry into force of this Convention shall be respected, the virtue of individual agreements or agreements concluded between the company and its staff.

Article 7. Non-discrimination.

7.1 The parties agree to carry out a special awareness campaign aimed at safeguarding the principle of non-discrimination set out in Article 14 of the Constitution, in relation to the 17 of the Statute of the Workers and the Organic Law 3/2007, of 22 March, for the effective equality of women and men, so that it can be applied without exception to all the staff affected by this Convention, without distinction of any kind due to the hiring mode.

7.2 Where the employer does not comply with the requirements laid down in Article 53 (1) of the Staff Regulations or the extinguishing decision of the employment contract, he/she has as a mobile discrimination prohibited by the Constitution or the Law, or would have occurred with violation of fundamental rights and public freedoms of the personnel, the extinguishing decision shall be null, in accordance with the provisions of Article 53.4 and concordant such legal text.

Article 8. Negotiating Commission.

8.1 The negotiation of the Collective Agreement corresponds, in accordance with the legal provisions in force, to the Negotiating Commission.

8.2 The Negotiating Commission will be constituted by the persons appointed by the business associations and by the most representative and representative trade union organizations in the Sector of Pharmacy Offices, according to the provisions of Article 88 of the Staff Regulations. The distribution of its members shall be carried out on the basis of the proportion of the representativeness accredited by them in that Sector.

8.3 Will be constituted within the maximum period of one month, from the end of the term of the Convention, with equal numerical representativeness between both parties, employers and trade union, acting as President and Secretary of the Commission Negotiating those appointed by the majority of each of the representations.

Article 9. Joint Commission.

9.1 Creation.

The Joint Committee of the Convention, formed by the signatory organizations, will be created, whose functions will be those of interpretation and monitoring of their compliance.

9.2 Composition and domicile.

9.2.1 This Commission will be composed of sixteen members, eight for business representation and eight others representing the trade union organisations that are signatories to this Collective Agreement.

9.2.2 For the duration of this Convention, the Commission shall be composed of the organisations which are signatories to this Convention in the proportion of representativeness they hold:

By the business side: FEFE (6) FENOFAR (2).

By the union side: UTF (3), CC.OO (3), FETRAFA (2).

9.2.3 The Commission may use the occasional or permanent services of advisers, which shall be freely designated by each of the parties.

9.2.4 It is indicated as the address of the Joint Commission, for the purposes of registration and notifications, the Business Federation of Spanish Pharmacists, in acronym FEFE, in the street Claudio Coello n. º 16-1. º, 28001 -Madrid.

9.3 Competencies.

Without prejudice to those powers specifically provided for in this Convention, the Joint Committee shall be assigned the following general

:

a) Interpret the provisions contained in this Collective Agreement.

b) Track the implementation and/or monitoring of compliance with it, as well as the resolutions or opinions of the Joint Committee itself.

c) To intervene, at the request of the party or parties concerned and as an organ of interpretation and consultation, when problems, discrepancies or labor conflicts of any kind arise.

(d) Having knowledge of the agreements adopted as a result of the implementation of the salary discount clause referred to in Article 46 of this Convention.

e) Make how many other attributions tend to the greater practical effectiveness of what is agreed upon in this Collective Agreement and the maintenance of good relations between the parties.

9.4 Meetings.

9.4.1 The Joint Commission will meet whenever requested by any of the representations, with an indication of the subject or topics to be dealt with, giving notice of the agreed upon and should in any case resolve within the maximum period of one month from the submission of the application.

9.4.2 Meetings shall be convened in writing, by the Secretary and President, at least ten working days in advance, and the summons shall necessarily include the order of the day.

9.4.3 Any party may require the convening of the Joint Committee for the holding of extraordinary or urgent meetings. The extraordinary shall be held within 10 working days following the request and the urgent ones, within two working days of the following. Ordinary meetings shall be held each calendar quarter, preferably in the last fortnight of the calendar quarter.

9.5 Adoption of agreements and nature.

9.5.1 In order to be able to adopt valid agreements by simple majority, more than half of its components must be involved in the meetings of the Commission, either directly or by representation, for each of the two parties represented.

9.5.2 The vote of the members of the Joint Commission will be, both in the business bank and in the social bank, proportional to its representativeness.

9.5.3 Decisions taken by the Joint Commission will be considered binding.

Article 10. Office Sector Observatory of Pharmacy.

It is the Office of the Pharmacy Office Sector, whose composition and operating system is regulated by the act of constitution and the regulation to be drawn up within one month from the end of the year. approval of this Convention and shall be incorporated in the text of this Convention.

CHAPTER II

Professional Classification

Article 11. Groups and categories.

11.1 The staff affected by this Convention shall be classified, by reason of the tasks and responsibilities assigned to them, in the following groups and categories as defined in the Transitional Provision and in the Annex III:

I. Group first: Optional staff.

a) Regent Pharmacist.

b) Substitute Pharmacist.

c) Deputy Pharmacist.

II. Group Two: Technical Staff.

a) Technician in Pharmacy.

b) Majeure Auxiliary (to be extinguished).

c) Auxiliary Diplomat (to be extinguished).

III. Group 3: Auxiliary Staff of Pharmacy.

a) Pharmacy Auxiliary.

b) Adjutant (to be extinguished).

c) Help in Training (to be extinguished).

IV. Group 4: Administrative Staff.

a) Chief Administrative Officer.

b) Administrative.

c) Section Chief (to be extinguished).

d) Contable (to be extinguished).

e) Administrative Officer (to be extinguished).

f) Administrative Auxiliary (to be extinguished).

g) Applicant (to be extinguished).

V. Group 5: Subalternate staff.

a) Mozo.

b) Cleaning personnel.

11.2 The definition, functions and remuneration of the categories declared "to be extinguished" shall be those contained in the Transitional Provision of this Convention.

CHAPTER III

Employment

Section 1. General Criteria

Article 12. Objectives.

12.1 The parties make it clear that they are seeking to achieve, through the Convention, the objective of establishing a stable labour relations model, which will benefit both pharmacy establishments and staff, which will eliminate the inequalities which have been or are intended to be established in terms of access to employment and working conditions in respect of women, young people, immigrants, the disabled and those who have signed contracts for temporary employment or (i) a reduction in the number of jobs and a reduction in the number of jobs and the reduction in employment. temporality. In this sense, the general criteria that remain in place have been established in the regulation of the procedures for hiring, while stating, at the same time, that indefinite hiring will be a priority.

12.2 Within the meaning of Article 15.6 of the Staff Regulations, staff who are subject to temporary and fixed-term contracts shall have the same rights as those of a fixed and permanent nature. template, without prejudice to the specific particularities applicable to each of the contractual arrangements for the termination of the contract and to those other expressly provided for in the Law in relation to training contracts.

Article 13. Stability in Employment.

13.1 With the aim of encouraging indefinite recruitment and providing greater stability to existing contracts, it is agreed that all Pharmacy Offices affected by this Convention should have a number of indefinite contracts higher than temporary contracts for the duration of the contract.

13.2 The continuation of the service by the application of Article 44 of the Workers ' Statute shall not be considered to be the beginning of the activity.

13.3 For the implementation of the commitments made on stable employment, companies will be able to access the public administration programmes that encourage the transformation of temporary contracts into indefinite ones.

13.4 To make compliance with the limits set out in this paragraph effective, companies that do not comply will transform the temporary contracts necessary into indefinite ones, until the agreed ratio is completed, in order older, excluding interim contracts for the replacement of staff.

13.5 To calculate compliance with the limits set out in this section, the number of busy jobs will be taken as a reference in the year immediately before.

Article 14. Information rights of the legal representatives of the staff.

According to the legal provisions in force in the field of employment, Article 64 of the recast of the Law of the Workers ' Statute, as amended by Law 38/2007 of 16 November, will be provided the basic contract of employment to the legal representatives of the staff within a maximum period of 10 days from their formalisation.

Section 2. Revenue

Article 15. Test periods.

15.1 The recruitment of new staff shall not be deemed to have been carried out on a trial basis, unless the contract is entered in writing. The duration of the test period shall not exceed the time set on the following scale:

Staff Optional: 180 days.

Technical Staff: 90 days.

Auxiliary Staff: 60 days.

Administrative Staff: 60 days.

Subalternate Staff: 24 days.

15.2 In temporary contracts, the duration of the probationary period shall not exceed one-third of the total duration of the contract.

Section 3. Contracting

Article 16. Succession and chaining of temporary contracts.

16.1 In order to ensure a reasonable application of the temporary recruitment, the possibility that the staff, within a period of 30 months, is in the same Office of Pharmacy with two or more temporary contracts and in the same Professional category, limited to 24 months, whether or not there has been a continuity solution.

16.2 If the established limit is exceeded, the contract of this staff, either directly subscribed, or through its making available by temporary work companies, with the same or different modalities contract, it will be converted into an indefinite contract.

Paragraph 1. Undefined Contracts

Article 17. Ordinary indefinite contract.

17.1 It is the one that is designed without establishing time limits in the provision of services, acquiring the staff the condition of fixed in the company template.

17.2 You will also acquire the condition of fixed staff, whatever the modality of your hiring, that would not have been discharged in the Social Security, except that of the very nature of the activities or of the Contract services shall clearly be deducted from the temporary duration of the service and, equally, the staff with temporary contract concluded in law fraud.

Article 18. Contract for the promotion of indefinite procurement.

18.1 In order to facilitate the stability of the employment of unemployed staff or subject to temporary contracts, the employment contract for the promotion of indefinite employment may be concluded under the conditions laid down in the the rules in force.

18.2 The contract shall be concluded for an indefinite period and shall be formalised in writing in the model to be established. The legal status of the contract and the rights and obligations arising from it shall, in general, be governed by the provisions of the Law and in this Convention for the indefinite time, also taking into account the provisions of the in the following sections.

18.3 When the contract is terminated for objective reasons and the extinction is declared inadmissible, the amount of the compensation shall be thirty-three days of salary per year of service, prorating for months the periods of time less than one year and up to a maximum of 24 monthly allowances. Where the payment of the compensation has been paid, the employer must deposit the difference between that already received by the staff, under Article 53.1 (b) of the Staff Regulations, in the Court of Social Court, and the employer's paragraph.

18.4 The contract for the promotion of the indefinite procurement referred to in this provision may not be concluded by the undertaking which, in the six months preceding the conclusion of the contract, would have made extinctions of employment contracts for objective reasons declared imparted by a court judgment or for a collective dismissal. In both cases, the limitation will only affect the coverage of those positions of the same category or professional group as those affected by the extinction or dismissal and for the same centre or job centres. This limitation shall not apply in the case of collective redundancies where the performance of the contracts referred to in this provision has been agreed with the representatives of the staff in the period of consultations provided for in the Article 51 (4) of the Staff Regulations.

Paragraph 2. Fixed duration contracts

Article 19.

19.1 Any contracts that are designed to meet market circumstances, such as the accumulation of tasks and the excess of orders, as referred to in Article 15.1.b. of the Staff Regulations, may have a maximum duration of 12 months, within a period of eighteen months, from the time of the occurrence of such causes. If the contract is signed for a period of less than the maximum allowed, it may be extended once, without the total duration exceeding that maximum. In this type of contract, the company shall pay the staff who, at the end of the contract, do not acquire the condition of fixed a one-day allowance for each month of the duration of the contract.

19.2 Work or service contract. Contracts concluded in this way must be based on the need to carry out a specific and determined service covering the subject matter and the cause of the employment relationship, i.e. specific services which may be to be easily established at the time of their concertation, even if they are of uncertain duration, and whose execution runs the performance of the work or service concerned.

19.3 Interinity Contract. It is interim staff who enter the company expressly to cover the absence of the holder of the Office of Pharmacy or of staff of the same who has suspended his contract with the right to the reservation of his job, in such cases as those of special leave, leave for paternity or maternity, sickness, holidays, permits, licences for studies or other similar situations and which shall cease when the replaced holder is rejoined, by beating the contractually established or when the cause which resulted in the reserve of the job is extinguished (Article 8.c) of Royal Decree 2720/1998 of 18 December 1998. In those cases where the staff of the staff absent are not reintegrated within the legal or conventionally established time limit, the company may terminate its contract without any compensation, with effect from the time of completion. of the reserve of the post and the interim staff shall acquire, from that very moment, the condition of fixed, computandosele, for the purposes of seniority, the period of interinity. In any event, the contract of interinity must be formalised in writing and, in the same case, the name of the replacement and the cause of the replacement shall be recorded, as laid down in Article 15 (1) (c) of the Staff Regulations and other applicable legislation.

Paragraph 3. Training Contracts

Article 20. Contract in practice.

20.1 It is the one that can be arranged only with those who, being in possession of the degree of Bachelor of Pharmacy or Technician in Pharmacy or any other university degree or professional training of middle grade or (a) higher, or officially recognised as equivalent, is formalised in the terms laid down in Article 11 of the Staff Regulations and other applicable legislation.

20.2 Staff who hold a degree in Pharmacy and who are hired to serve in a Pharmacy Office will have to be in the professional category of Optional Personnel. Those who hold the rest of the qualifications they enable to conclude this contract must be in the category that corresponds to them, in accordance with the functions they perform and the level of studies they have completed.

20.3 For the purposes of carrying out practices in this Sector, in no case shall the staff be hired under the practice of in Practice to fill positions of Regents or Replaced Pharmacists, being able to be named the affected, in these cases, Deputy Pharmacist in the Pharmacy Office where you provide your services.

20.4 There are excluded from the application of the provisions of the previous paragraph who are carrying out tutored practices, since they are not configured as a real contractual relationship between the owner pharmacist and the interested party.

20.5 In no case, the staff employed under the practice can be used to perform other functions other than those deriving from the modality of their hiring, not being able to use this figure contractual to supplant the technical, auxiliary or administrative staff previously engaged in their duties.

20.6 The duration of these contracts may not be less than six months and may not exceed two years. The remuneration for this type of contract is fixed at least 90% for the first year and 100% for the second year of the amounts shown in the salary tables for the category under the contract.

Article 21. Contracts for Training.

21.1 The duration of these contracts may not be less than six months or exceed three years. The remuneration shall not be less than 90% for the first year and 100% for the successive years, of the professional category for which he has been employed, in proportion to the time worked, without in any case being less than legally. They may not be held with staff over twenty-one years.

21.2 The time spent on theoretical training shall in no case be less than 15% of the ordinary day provided for in the Convention.

21.3 The maximum number of staff hired, in each Pharmacy Office, by this mode will not be higher than the following scale and referred to the total number of staff in staff:

Workers

Contracts

To 5

6 to 10

2

11 to 25

3

21.4 Expirated the maximum duration of the contract for the training, the staff will not be able to be rehired under this modality by the same or different company. At the end of the contract, the employer must provide the staff with a certificate stating the theoretical and practical training acquired.

21.5 Theoretical training must be provided in the legally authorised centres, as provided for in the Ministerial Order of 14 July 1998 and other relevant legislation.

21.6 The Observatory will be responsible for defining the minimum level of studies to be carried out by the staff employed through the practice and training arrangements.

Paragraph 4. Partial Time Contract

Article 22.

22.1 The part-time contract is the one for which the staff undertakes to provide their services for a number of hours less than the annual day set out in this Collective Agreement, with the remuneration of the staff proportional to the day taken.

22.2 As a general rule, part-time contracts may not be concluded for a period of less than 50% of the annual ordinary day, except for the professional categories of Faculty and Technicians, in whose case will be what the parties agree to.

22.3 In the case of part-time work contracts, additional hours may be established, which in no case may exceed 30% of the ordinary hours contracted.

22.4 Complementary hours may be distributed on a quarterly basis according to the organizational and productive needs of the company, and the company must communicate the specific date and time of the company to the staff. the same with a 7-day notice.

22.5 If in one quarter all the additional hours corresponding to the same were not carried out, the pharmacy holder may transfer up to 20% of the hours not consumed in the following quarter for his/her possible the latter, by adding them to the additional hours allocated to that quarter, once they have been carried out. In no case can the hours already transferred from the previous one be added to the other quarter.

22.6 Part-time contract staff, who have served for three or more years in the same Pharmacy Office, will have the right to take the first full-time vacancy at their centre. in the same category or professional group, and must make a prior written request within seven days of the date of such vacancy. The vacancies will be covered by a rigorous order of seniority, once requested, and in the event of concurrence of several petitions with the same seniority, the date of filing of the application will prevail.

Paragraph 5. Other types of contracts

Article 23. Contract of Relay.

It may be concluded that a contract of relief may be concluded with staff in unemployment or that a contract of fixed duration has been concluded with the company to cover the day left by the partially retired person, as Article 12 (6) of the Staff Regulations, as amended by the additional twenty-ninth provision of Law 40/2007 of 4 December, and in Article 44.3 of this Convention.

Article 24. Replacement contract in anticipation of retirement age at 64.

It will be regulated by the established RD 1194/1985. The contract of employment concluded with the replacement staff may be concluded under any of the conditions of employment in force, except in the case of a part-time contract or temporary contracts due to the circumstances of production. Article 15.1.b of the ET.

Article 25. Notice of cessation.

25.1 Staff who wish to cease voluntarily in the service of the company will be obliged to bring it to the attention of the company, complying with the following periods of notice:

Staff Optional, ninety days;

Technical staff, thirty days;

Auxiliary staff, fifteen days;

Administrative staff, fifteen days;

Subalternate staff, fifteen days.

25.2 In the case of temporary contracts, the advance notice of early leave by staff is reduced to half the duration laid down in this article and to seven days in the cases of the Administrative Staff and Subaltern.

25.3 Failure to comply with the obligation to prewarn will entitle the company to discount the employee's settlement of the amount of one day's salary for every two days of delay in the notice.

25.4 At the end of the period of notice, the company will be obliged to liquidate the remuneration of a fixed character that can be calculated up to that moment, with the corresponding pro rata of the same. Variable salary concepts will be effective on the dates of your accrual.

25.5 Failure to comply with the obligation laid down in the preceding paragraph shall entail the right of the staff to be compensated by the amount of the salary of one day for each day of delay in the liquidation, with the limit of the number of days of notice.

CHAPTER IV

Promotions and Internal Promotion

Article 26. Promotions.

26.1 The promotion is the promotion, on a permanent basis, of the staff to a higher professional category and different from the previous one.

26.2 The system of promotion shall be carried out by assessing the training and merits of the staff by reference to the following circumstances:

1. Appropriate titration (if any).

2. Academic assessment (if any).

3. Knowledge of the job position.

4. Professional history.

5. Performance of functions of a higher professional category.

6. Successful completion of the tests to be established.

7. Attendance at courses given or organized by the Joint Training Commission, Professional Promotion.

Article 27. Special assumptions.

27.1 Technician in Pharmacy. In order to improve the professionalisation of the sector, in such a way as to increase the quality of the pharmaceutical service, it is agreed by the parties that the staff who on the date of publication of this Collective Agreement are developing the tasks set out in R.D. 1689/2007 of 14 December 2007 establishing the title of Technician in Pharmacy and Parafarmacia and acquired the regulated qualification for vocational training or equivalent, shall automatically pass to the have the category of Technician in Pharmacy, with economic effects since that date.

27.2 Auxiliary Personnel. In order to facilitate the staff of Auxiliary access to the category of Technician in Pharmacy, the parties, through the Commission of Training and Professional Promotion, undertake to develop the bases of constitute a Training Plan, which shall be adapted to the criteria established by the National Qualifications Institute and to which the competent authorities are required.

Article 28. Promotion Factors.

The parties, in order to be able to provide the holders of the Pharmacy Offices with the evidence to be taken into account in order for the staff to access and promote the assignment of a particular group (a) the list of promotion factors which must always be taken into account in accordance with the scale of points which have been attributed to each of those laid down in Annex V,

been drawn up in Annex V;

CHAPTER V

Working Time and Holidays

Section 1. Time of Work

Article 29. Day.

29.1 The ordinary working day at the Pharmacy Offices will be 1,770 hours for the years 2007 and 2008 and 1,762 hours for the years 2009 and 2010.

29.2 If the competent Autonomous Health Administration obliged the Pharmacy Offices in its constituency to make a minimum opening hours for the public, which would involve carrying out a greater number of annual hours than the staff must cover that excess of time, being paid the same as additional hours of the ordinary day, the amount of which is fixed in the salary tables.

Article 30. Distribution of the day.

30.1 It will be the exclusive competence of the Chief Pharmacist to organize the work in the Pharmacy Office, without other limitations than those mentioned in this Convention and applicable legal provisions.

30.2 Due to the characteristics of the Pharmacy Offices, the distribution of the day will be carried out taking into account the condition that all the days of the year are working, for the purposes of the pharmaceutical services, respecting the weekly breaks provided for in the Staff Regulations and paying the appropriate financial compensation reflected in the table of remuneration of this Convention.

30.3 Between the end of a day and the beginning of the next day, at least 12 hours of rest. You will be entitled to a weekly break of 36 hours uninterrupted.

30.4 In the event of a continuous journey exceeding six hours, a rest of 20 minutes shall be established during the same period, which shall be considered as an effective working time.

Article 31. Work schedule.

31.1 In the first quarter of the year it will be made compulsory in each Pharmacy, a work schedule in which the distribution of the annual working day, as well as the date of the enjoyment of the holiday of the personnel, communicating the same to the staff and, if any, to the legal representation of the same, before the 15th of April.

31.2 The approval of the work schedule, which will be permanently exposed within the Pharmacy enclosure in a visible place, must be carried out by means of an express agreement between the company and its staff. In the event of disagreement between the parties, the legislation in force will be in place.

Article 32. Night work.

32.1 Work performed between 22:00 and 6:00 hours is considered a night time.

32.2 Night staff shall be understood to be those who normally carry out within that period not less than three hours of their daily working day, as well as those who carry out during the same period not less than three hours one third of their annual working day.

32.3 Staff hired exclusively for the night time must have previously obtained, from the Office of Pharmacy to be hired, a medical certificate that accredits their fitness for the performance of his/her duties during the contractually agreed period of time, having the right to carry out the free checks required during the term of the contract of employment to determine his/her health status.

32.4 The maximum annual working day for staff employed exclusively for work at night hours is set at 1,681 annual working hours. Such staff may not perform overtime.

32.5 The specific remuneration of the non-standard night work is determined in the table of remuneration of this Convention, with the agreement between the company and its staff being agreed to the compensation of night hours for breaks.

32.6 For staff employed exclusively for working in the night time, the contract of employment shall be established in accordance with the minimum requirements laid down in this Convention.

32.7 When a night time is also festive it will be paid as set out in the salary tables in Annex I.

Article 33. Overtime.

33.1 Extraordinary hours shall be considered to exceed those of the agreed annual ordinary day and do not have the condition of additional hours. The parties to the present Collective Agreement understand that there is a need for a reduction and, as far as possible in each establishment, the elimination of overtime, in order to enable a road to access to the labour market for the collective of people who are unemployed. To this end, they recommend that this practice be removed in order to encourage an increase in real and effective employment in the Pharmacy Offices Sector.

33.2 For the purposes of calculating overtime, they shall be considered as:

(a) Business hours: The hours between 6:00 and 22:00 hours in working days from Monday to Saturday, inclusive.

b) Working night hours: Between 22:00 and 6:00 hours on weekdays from Monday to Saturday, inclusive.

c) Festive daytime hours: Between 6:00 and 22:00 hours on Sundays and holidays.

d) Festive Night Hours: Between 22:00 and 6:00 hours on Sundays and holidays.

33.3 The performance of overtime will always be voluntary, except in the case of mandatory mandatory requirements and the excess of those worked to prevent or repair claims and other damages. extraordinary and urgent.

33.4 The number of overtime allowed may not exceed eighty per year, not entering that computation, nor the maximum duration of the ordinary day, except in the case of the third of this article; without prejudice to their compensation as provided for in the following number and for the additional hours per on-call service.

33.5 The overtime worked on the annual ordinary day set out in Article 29 shall be compensated by common agreement between the undertaking and its staff, by means of its remuneration and by applying the amounts expressed in the table of remuneration of this Convention, either in time of rest, taking into account the organisational needs of the work centre.

33.6 To compensate for overtime with rest time, the following equivalence table will apply:

Daytime Extraordinary Time

1 hour → 1h 45 minutes.

Festive Daytime Extraordinary Time Value

1 hour → 2 hours.

Night Extraordinary Time Value

1 hour → 2 hours.

value Festive night extraordinary

1 hour → 2h 30 minutes.

33.7 If the remuneration is to be paid, the remuneration shall be met on the payroll of the month following that of the completion of such excess and, on the other hand, if the choice falls on the compensation in time of rest, the refund The excess working day must be completed within three months.

33.8 Hours that have been compensated by rest under the conditions of the preceding number shall not be computed as extraordinary.

Article 34. On-call services.

34.1 Service on duty shall mean working time which, as a supplementary, shall be carried out by staff outside the ordinary annual working day, in order to comply with the legal obligation of the Pharmacy Offices to provide continuous pharmaceutical assistance to the population, in accordance with the following modalities:

34.1.1 Service on duty: those that are provided during all the days of the year, except Sundays and holidays.

34.1.2 Holiday guard services: those provided on Sundays or holidays.

34.2 The work provided in 24-hour on-call service is without prejudice to the weekly statutory breaks and between days referred to in Articles 34.3 and 37.1 of the Workers ' Statute.

34.3 Additional hours on duty may be compensated either by their remuneration equivalent to the number of those actually carried out, according to the table of remuneration of this Convention, either in time of rest, in accordance with the organisational needs of the duly justified working centre and in the latter case, each additional hour shall be the responsibility of the other.

34.4 Employers and staff of the Pharmacy Offices located in rural areas or special features may agree with the holder on the forms of compensation for the time spent in the emergency service.

Section 2. Vacation

Article 35. Holidays.

35.1 All staff affected by this Convention shall be entitled to have, in general, 30 calendar days of paid rest per year, not substitutable for economic compensation, in the months of May, June, July, August, September or October.

35.2 In the event of a total cessation of the business of the establishment on the occasion of the annual leave, these will be compulsorily enjoyed in the period of closure, without the right to additional compensation of any kind.

35.3 When staff are unable to have annual leave during the periods established by each Office of Pharmacy for reasons not attributable to them, they shall be entitled to an increase of five working days over the period Ordinary holiday, which shall be used in the time and form to be agreed by the owner of the establishment and the staff concerned.

35.4 The distribution of the dates of the enjoyment will be decided by the affected staff themselves and, in the event of no agreement, the priority criteria of the family and the age needs will be taken into account company service.

35.5 The holiday period may be subdivided by agreement between the parties in fractions not less than one week, not by the right to the increase of the five days referred to in the preceding number.

35.6 In cases where the dates foreseen for the holiday period coincide with a situation of suspension of the contract of work for common sickness or accident, its provision shall be deferred until the day on which it is produces the high of such a situation, with the following limitations: the deadline to enjoy the holidays will be January 31 of the following year and if the high occurs after December 31, the holiday period to enjoy will be half of the time to be enjoyed.

35.7 Set to the previous number will not be applicable in the following assumptions:

35.7.1 When the total cessation of the business activity occurs.

35.7.2 When the holiday period coincides with a temporary disability arising from pregnancy, childbirth or natural lactation or with the period of suspension of the contract of employment provided for in Article 48.4 of the Staff Regulations Workers, their enjoyment may be deferred at the time of the end of the period of suspension, even if the calendar year is over.

35.7.3 When the holiday period has been initiated by the staff, except for the assumptions mentioned in the previous section.

CHAPTER VI

Permissions, Licenses, Excedences, and Retirements

Article 36. Permissions.

36.1 The staff, on notice, may be absent from the job with the right to pay for the time and causes that are then expressed:

(a) In case of death of ascending and descending to the second degree, spouse, couple of fact or brother, either by consanguinity or affinity: three calendar days, which may be extended up to five, if the death occurred in a population other than that of residence of the staff.

b) For severe illness, hospitalization or surgical intervention without hospitalization requiring the home rest of the spouse, a couple of fact or family members who live or are dependent on the staff, as well as relatives of up to the second degree of consanguinity or affinity: five calendar days which may be extended; in the event that such extension does not occur, the staff shall be entitled to leave their place of work for the necessary time, without remuneration.

The "severity" of the disease may be established retrospectively, if there is any doubt, by any evidence admitted in law.

c) By marriage of children, siblings or any of the parents on the day of the wedding.

d) In the case of child birth or adoption, three calendar days; in the case of high risk birth, this permit may be extended up to five calendar days and, in the case of serious illness, for the time required. but without remuneration, without prejudice to the possibility of the paternity leave recognised in Article 39. 11. of this Convention in the terms that are collected there.

e) One day per usual home move.

f) Twenty days by marriage of staff.

g) All staff will enjoy permission on the evenings of 24 and 31 December and the morning of Holy Saturday.

Pharmacies that voluntarily wish to continue open on these dates, will articulate their coverage in such a way that the time the staff remains in their job will be compensated as overtime, with the economic credit of those hours or their compensation in time, in accordance with point 33.6 of this Convention, this option being the option of staff.

h) Own business day.

All staff affected by this Convention shall have one day in the year referred to as own affairs, which shall enjoy the following particularities:

1. It shall not be accumulated for annual leave or for bridges unless otherwise agreed.

2. The same date cannot be enjoyed on the same date by two workers of the same working centre, unless otherwise agreed. In case of disagreement, preference will be given to the employee who has first requested it.

The application for such a day of own affairs shall be made by the staff at least one week in advance, except for force majeure which justifies the lack of notice and always guarantees the service coverage.

(i) In respect of other situations, the provisions of Article 37 of the Staff Regulations shall be, in any event, provided for.

36.2 As a general rule, the licences referred to in this Article shall be extended to couples in fact, to minors adopted or accepted and to the living disabled, provided that such situations are justified by the a document that the Public Administration has established and, in any case, by official certificate of coexistence.

Article 37. Leave of absence to work or reduced working hours during the breastfeeding period.

37.1 Workers, during the breastfeeding period of a child under nine months, will be entitled to an hour of absence from work which they may divide into two fractions. The duration of the permit shall be increased proportionally in the case of multiple births.

37.2 The hours established as a permit during the lactation period may be accumulated by the enjoyment of one month's paid leave or the proportion corresponding to the period of discharge in the undertaking with after delivery, until the child is nine months of age.

37.3 This permit may be enjoyed interchangeably by the parent or parent in the event that both work.

37.4 In the case of births of premature infants or who, for any reason, must remain hospitalized after delivery, the mother or father shall be entitled to leave the job for an hour.

Article 38. Reduction of day by legal guardian or by care of relatives.

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

38.2 It will have the same right to care for the direct care of a family member, until the second degree of consanguinity or affinity, which for reasons of age, accident or illness, cannot be used by himself or perform paid activity.

38.3 The time-frame and the determination of the period of enjoyment of the breastfeeding permit and the reduction of the day provided for in this article shall correspond to the staff, who shall be required to inform the holder of the Office of Pharmacy 15 days in advance of the date on which it is to be reintegrated into its ordinary day.

38.4 The reduction of working hours covered by this Article constitutes an individual right of workers, men or women. However, if two or more employees of the same Office generate this right for the same deceased person, the titular Pharmacist may limit his or her simultaneous exercise for justified reasons of organisation and operation of the same.

Article 39. Suspension of the contract for maternity, paternity, adoption or reception for the staff affected by this Convention.

39.1 In the case of delivery, the suspension will last for sixteen weeks uninterrupted, expandable, in the multiple-birth hypothesis, in two weeks more for each child from the second. The period of suspension shall be distributed at the mother's choice, provided that six weeks are immediately after delivery. In the event of the death of the mother, regardless of whether or not she is carrying out any work, the other parent may make use of the whole or, where appropriate, the remaining part of the suspension period, computed from the date of delivery, and without the portion which the mother may have enjoyed before the mother is neglected. If it is the child who dies, the period of suspension will not be reduced, unless, once the six weeks of compulsory rest have been completed, the woman will request to return to her job.

39.2 Notwithstanding the above, and without prejudice to the six weeks of compulsory rest for the mother, in the event that both parents work, that, at the beginning of the voluntary period of maternity leave, may choose because the other parent enjoys a certain and uninterrupted part of the post-birth rest period, either simultaneously or in succession with that of the parent. The father may continue to make use of the period of maternity leave initially transferred, although at the time provided for the reinstatement of the woman to the job she is in a situation of temporary incapacity. If the mother does not have the right to suspend her professional activity and to receive benefits in accordance with the rules governing that activity, the parent shall have the right to suspend her employment contract during the period she would have received. which is compatible with the exercise of the right to paternity leave.

39.3 In cases of preterm birth and in those other cases where, for any other cause, the neonate must continue to be hospitalized, the period of suspension may be computed, at the request of the mother, or in her defect, of the father, from the date of discharge. It is excluded from that calculation the six weeks after the delivery, of compulsory suspension of the contract of the woman.

39.4 In cases of premature births with a lack of weight and those in which the neonate requires, for some clinical condition, hospitalization following the delivery for a period of more than seven days, the period of Suspension will be extended in as many days as the newborn is admitted, with a maximum of thirteen additional weeks, and in the terms in which this contingency is legally developed.

39.5 In the event of adoption and reception, the suspension will last for sixteen weeks uninterrupted, extended in the case of adoption or multiple reception in two weeks for each child from the second. Such suspension shall produce its effects, at the discretion of the staff, either on the basis of the judgment in respect of which the adoption is constituted or on the basis of the administrative or judicial decision of a provisional or final acceptance, without The same minor may be entitled to several periods of suspension.

39.6 In the event that both parents work, the period of suspension will be distributed to the interested parties, who will be able to enjoy it simultaneously or successively, always in an uninterrupted manner and with the limits indicated.

39.7 When the rest periods are simultaneously enjoyed, the sum of the rest shall not exceed the sixteen weeks provided for in the preceding paragraphs or those corresponding to the birth, adoption or multiple reception.

39.8 In the case of disability of the child or of the child adopted or received, the suspension of the contract referred to in this article shall be for an additional duration of two weeks. On the other hand, if both parents work, this additional period will be distributed to the stakeholders, who will be able to enjoy it simultaneously or successively and always on an uninterrupted basis.

39.9 The periods referred to in this Article may be enjoyed on a full-time or part-time basis, subject to agreement between the holders of the holders and their employees concerned.

39.10 In cases of international adoption, where the prior movement of adopters to the adopted country of origin is necessary, the periods of suspension provided for in this Article may be initiated up to four years. weeks before the decision by which the adoption is to be officially agreed.

39.11 On the occasion of the birth of a child, or of the adoption or acceptance of a child, the male worker shall be entitled to the suspension of his employment contract for 13 uninterrupted, extensible days in the eventualities. of birth, adoption or multiple reception, in two more days for each child from the second. This paternity leave is independent of the shared enjoyment of maternity rest periods.

39.12 The licence referred to in the previous point shall be the sole responsibility of the male when the right to the same is originated by delivery, whereas by reason of adoption or acceptance this right shall be the sole responsibility of one of the parents, at the choice of the persons concerned; however, where the period of maternity leave is fully enjoyed by one of the parents, the paternity leave may only be exercised by the other.

39.13 The worker who has this right may exercise it during the period between the end of the permit provided for in Article 36.1 (d) of this Convention by birth of a child, adoption or acceptance, and the termination of the suspension of the maternity contract or immediately after this licence.

39.14 The suspensions of the contract of employment referred to in this Article may be enjoyed on a full-time basis or when the partial day reaches to be a minimum of 50 per 100 of the ordinary, provided that the agreement between the holder of the Pharmacy Office and the employee concerned.

39.15 The worker shall inform the holder of his intention to avail himself of the rights recognized in this article at least ten days before the date of his exercise.

Article 40. Suspension of the contract of work for risk during pregnancy or natural lactation.

In the event of risk during pregnancy or in the course of natural lactation, in the terms provided for in Article 59 of this Convention, the suspension of the contract shall end on the day the interruption of the contract is initiated. for birth by birth or because the infant is nine months of age, respectively, or, in both cases, when the worker's inability to return to her previous position or another compatible with her condition disappears.

Article 41. Voluntary leave.

41.1 Staff with at least one year's seniority at the service of a Pharmacy Office are entitled to be granted the possibility of placing on voluntary leave for a minimum period of four months and a maximum of five months. years. The excess shall be deemed to be granted without entitlement to any remuneration, and this period shall not be counted for the purposes of seniority.

41.2 Such excess shall be requested in writing at least thirty days before the date of its commencement, unless for demonstrable cases of urgent need, and must be answered in writing, by part of the company within five days.

41.3 Before completion of the same and at least thirty days prior to completion, you must apply in writing for your entry.

41.4 Staff who do not apply for re-entry prior to termination of their leave will cause the company to be permanently low.

41.5 To benefit from other voluntary leave, staff must exhaust a new period of at least four years of effective service in the same Pharmacy.

41.6 Staff in a situation of excess will have only a preferential right to income in their category or similar if, after their application for re-entry, there is a vacancy in the same category. Otherwise, you will be in a situation of expectant right.

41.7 If at the end of the same or during its term, you want to join the work and there are no vacancies in its category, but if on a lower one, the staff can join the latter, with the conditions of this category lower, to be able to access its own category at the time the first capability occurs.

Article 42. Leave of absence due to legal guardian or family care.

42.1 Staff shall be entitled to a period of leave of absence of not more than three years to take care of the care of each child, whether by nature or by adoption, or in the case of a reception. permanent as a preadoptive, even if they are provisional, from the date of birth of that or, where appropriate, the judicial or administrative decision establishing it.

42.2 You will also be entitled to a period of leave of absence of not more than three years, to care for the care of a relative until the second degree of consanguinity or affinity, who for reasons of age, accident, illness or disability cannot be used by itself and does not carry out paid activity.

42.3 The excess regulated in this Article, the duration of which may be enjoyed in a split form, constitutes an individual right of workers, men or women. However, if two or more workers of the same Pharmacy generate this right for the same deceased subject, the optional holder may limit his or her simultaneous exercise for justified reasons of organisation and operation of the same.

42.4 When a new deceased person is entitled to another period of leave, the start of the latter shall end to the end of the period where, where appropriate, he/she is enjoying himself.

42.5 The period in which the staff remains in one of the types of excess regulated in this Article shall be computable for the purposes of seniority and that person shall be entitled to assistance with vocational training courses, to which Participation must be convened by the employer, in particular on the occasion of his/her reinstatement. During the first year you shall be entitled to the reservation of your job; after that period, the reserve shall be referred to another post belonging to the same professional group or equivalent category.

42.6 However, when staff are part of a large family of general category, officially recognised as such, the reserve of their job will be extended to a maximum of 15 months and up to a maximum of 18 months if Special category treatment.

Article 43. Special excess.

43.1 Dara place to the situation of special excess any of the following circumstances:

1. Election for political office or election for office at any union centre that is incompatible with the provision of the work.

2. Benefit from scholarships, study trips or participation in professional or trade union training courses of the pharmaceutical specialty.

43.2 Staff in special leave shall be reserved for their job and shall be counted for the purposes of seniority as long as they remain in that position, without being entitled for such a period to the receipt of their remuneration, unless otherwise agreed.

43.3 The special surpluses that will not be re-entered into your job at the end of a month, counted from the end of the month, will cause the company to be permanently low.

43.4 The holder's pharmacist may cover the positions of employees in a situation of special leave with interim staff, who shall cease to be reintegrated.

Article 44. Retirement. Embodiments.

A. Mandatory.

44.1 In order to promote the rejuvenation of the templates without prejudice to the necessary support of the employment, and in attention to the character of public service complementary to the functions performed, the parties agree declare retirement compulsory for staff who are 65 years of age, provided that, when adopting this measure, the following requirements are met:

(a) the posts remaining vacant shall be covered simultaneously by the transformation into indefinite of the temporary contracts existing in the undertaking and, failing that, by means of new entry staff.

b) that the person concerned has the necessary period of absence in order to be able to access the regular provision of Social Security for that purpose.

B. Volunteer.

44.2 However, staff who have been 64 years of age will be eligible for retirement on a voluntary basis, in which case the Pharmacist is obliged to employ another person in any form of contract, with the exception of part-time employment and that provided for in Article 15.1 (b) of the Staff Regulations, for a period equivalent to that of retirement on a voluntary basis referred to above, for the purposes of the provisions of the Royal Decree 1.194/1.985, of July 17.

44.3 The optional holder and the employee may be included in the partial retirement after the 60 years of compliance if the legally intended requirements or 61 combined with a working time contract are met. (a) partial and related to a contract of relief concluded with an unemployed person or with whom he has a contract of a fixed duration with the Office of Pharmacy, all in the terms laid down in Articles 12.6 of the Staff Regulations Workers and 166.2 of the General Law of Social Security.

44.4 By mutual agreement between the parties, an early retirement may be established, which may be eligible, from the age of 61, for the staff affiliated to and in the high or in the same situation as the discharge meeting the other requirements. legal requirements of Article 161a of the General Law of Social Security, as amended by Law 40/2007 of 4 December.

CHAPTER VII

Remuneration

Article 45. Salary increase and review clause.

45.1 With effect from 1 January 2007, the salaries collected in the remuneration concepts contained in the salary tables in Annex I to this Collective Agreement have been increased by 4.2% for all the professional categories.

45.2 As of 1 January 2008, and for all of this year, the wage concepts in these remuneration tables will be increased by 2.24% (according to the update of the scales that are foreseen in the the draft Royal Decree on which the RDL 5/2000 is updated, which regulates the margins, deductions and discounts corresponding to the distribution and supply of medicinal products for human use) plus 2.3 points, for all professional groups, is to say, a total of 4.54 percent.

45.3 With regard to the increase in wages for the years 2009 and 2010:

(a) In the event that the RDL 5/2000 update, which regulates the margins, deductions and discounts corresponding to the distribution and dispensing of medicinal products, is not published within the first calendar quarter. human, the wage increase to be applied will be equal to the actual CPI of the previous year plus 0.5 percent.

b) In the event that the abovementioned RDL 5/2000 update had been published in that quarter, the increase in the remuneration referred to in the salary tables shall be equal to the sum of the percentage published in the The Royal Decree of update, plus a semicolon three (1.3%) as long as the result is equal to or greater than that of the actual CPI of the previous year; otherwise, the salary increase will be equal to the actual CPI of the previous year plus 0.5 percent.

45.4 Annual reviews and payroll credits will be carried out within the first calendar quarter of each year, except for 2007, in which arrears will be made effective in monthly wage receipts. following the publication of this Convention in the BOE.

Article 46. Salary neglect clause.

46.1 The Pharmacy Offices Convention obliges all employers and employees within their scope of application and for the duration of their validity.

46.2 On the basis of Article 82.3 of the Workers ' Statute and with the aim of addressing the period of consultation that could end the agreement between employers and workers, in companies that would not have been legal representation of workers, they shall attribute their representation, in a meeting held to the effect, either to a commission of up to a maximum of three members, made up of workers of the company itself and elected by those democratically, or to a commission of equal number of designated components, according to their representativeness by the more representative and representative unions of the sector and that they are entitled to be part of the Negotiating Commission of the Convention, in this meeting will participate, at least, one of the trade union organizations that have signed the convention collective. In this case, the employer may attribute its representation to the employers ' organisations in which it is integrated, and it is possible to be the same as the most representative at the regional level, irrespective of the organisation in which it is based. The integrated approach is cross-sectoral or sectoral. The possible agreement will be sent to the Joint Commission of the Convention of Pharmacy Offices.

46.3 The agreement must determine with accuracy the remuneration to be paid by the employees of the company, establishing, where appropriate and in the light of the disappearance of the causes that determined it, a programming of the progressive convergence towards the recovery of the salary conditions laid down in the Convention of Pharmacy Offices, without in any case such inapplicability being able to exceed the period of validity of the Convention or, where appropriate, the three years of duration. The non-implementation agreement and the scheduling of the recovery of the salary conditions may not result in the failure to comply with the obligations laid down in the Convention on the elimination of remuneration for the purposes of gender.

Article 47. Remuneration of overtime.

If the remuneration of overtime is to be paid, and provided that the number of hours made does not exceed the statutory limits, they shall be paid in the amount of the amount shown in the remuneration tables of the Present Convention.

Article 48. Remuneration of night hours.

48.1 The provision of night time services, as referred to in Article 32 of this Convention, shall entitle the Plus of Nocturnity to the amount of the amount reviewed in the remuneration tables.

48.2 The date of effectiveness of the accrual of the Nocturnity Plus shall be the date of the first day of January 2007.

Article 49. Pay of the hours on call.

If the remuneration for the additional hours provided in the on-call services is to be paid, they shall be paid with the amount of the remuneration of the remuneration tables of this Convention.

Article 50. Extraordinary pagas.

50.1 The staff covered by this Collective Agreement shall be entitled to receive, in the form of a salary supplement of more than one month, three extraordinary payments of the same amount as the monthly basic salary, plus the Personal Guarantee Complement set out in the following Article, which may be prorated only by agreement between the parties.

50.2 The three extraordinary pages will be paid, respectively, on the following dates:

a) On June 24, the Summer Day.

b) On December 22, Christmas Day.

(c) On 30 March, the share of the profits corresponding to the preceding financial year, on the understanding that the accrual of this payment will take place in the period from 1 January to 31 December of the year prior to your credit and that your amount will be that of the salary in force at the time of your accrual.

Article 51. Warranty Personal Add-on.

51.1 Where remuneration differences occur, in annual accounts, to staff who, as a result of the application of the salary tables of the present Convention, receive higher wages, they shall be entitled to reflect the amount of these differences in the receipt of wages, such as Personal Guarantee Complement (CPG), of a revalorizable, non-absorbable or compensable character.

51.2 The amount of this supplement shall be the amount resulting from the subtracting of the annual higher remuneration which the person concerned shall receive in annual accounts as laid down in this Convention, also in annual accounts, and the The resulting figure, divided among fifteen, will constitute the amount of the aforementioned Personal Guarantee Complement, which will be collected in the twelve ordinary pages and the three extraordinary ones.

CHAPTER VIII

Professional Training

Article 52. Training Plans.

52.1 The Joint Committee on Vocational Training and Promotion shall set priorities in the field of training, in the light of the objectives set out in Article 55 and of the fulfilment and outcome of which it shall report regularly and mode to be determined.

52.2 The training of staff will be carried out through the plans approved by the Joint Committee on Vocational Training and Promotion, by means of those funded by the Pharmacy Offices themselves or by the official or officially recognised centres.

52.3 Training will be given, depending on the case, both within and outside the working day or in a mixed manner; in the latter case, the time spent on training will be distributed in such a way that the half will be carried out inside of the working day and the other half out of it. Staff assistance shall be compulsory when training is provided within the working hours.

52.4 All staff in the Pharmacy Office, and especially those who are in charge of organic control, are obliged to lend their full support to the training plans when required to do so in the areas of their activity and competence.

52.5 The staff of the Pharmacy Office may present, both to their legal representatives and to the optional holder, suggestions for improving specific aspects and activities within the training plans.

52.6 To finance training plans approved by the Joint Committee on Vocational Training and Promotion and to be developed under the Fourth National Continuing Training Agreement, the parties affected by this Agreement Collective Agreement may request the necessary funds for this, in the form and conditions of the Agreement referred to above.

Article 53. Studies and vocational training courses.

53.1 In accordance with the provisions of Article 23 of the Workers ' Statute and in order to facilitate their professional training and promotion, the staff affected by this Convention shall be entitled to provide the carrying out studies for the purpose of obtaining officially recognised academic or professional qualifications, as well as carrying out vocational training courses promoted by the Pharmacy itself or other entities, provided that such studies are carried out regularly.

53.2 There will be a preference for attendance at courses given by those employees who have participated on fewer occasions, as well as those who are performing a job related to the subject matter of the course. in question. In the event of a number of stakeholders, the discrepancies will be resolved by mutual agreement with the holder of the Pharmacy, and the Joint Committee on Vocational Training and Promotion can be consulted.

53.3 The Pharmacy Offices will be able to organise specific training programmes for staff who are rejoined in situations of leave of absence for childcare or family care and professional retraining for the Technicians.

53.4 With regard to obtaining the Title of Technician, the provisions of Royal Decree 1689/2007 of 14 December 2007 establishing the title of Technician in Pharmacy and Parafarmacia and establishing their teaching minimum.

Article 54. Joint Committee on Vocational Training and Promotion.

54.1 In the framework of this agreement, the Sectoral Commission of the Fourth National Agreement on Continuing Training is constituted, ANFC, which will be 100% composed of the parties to the agreement, 50% by the organizations Business and 50% by the trade unions, which are distributed as follows:

By Business Organizations: FEFE (6) FENOFAR (2).

By Trade Union Organizations: UTF (3), CC.OO (3), and FETRAFA (2).

54.2 The vote of the members of the Committee on Vocational Training and Promotion will be, in the business and union bank proportional to what was their representation in the Negotiating Table of the Convention.

54.3 The composition and operating system is regulated by the act of constitution and the regulation to be drawn up within one month of the adoption of this Convention and will be incorporated into the text of the same.

54.4 In Annex V the Regulation of this Commission is established.

Article 55. Objectives of the training.

Professional training in the Pharmaceutical Sector will be oriented, in particular, towards the following objectives:

1. Train new income and staff personnel in specifically pharmaceutical activities.

2. To train in the management of the terminology and the basic characteristics of the medications and their dispensing, as well as to adapt the job holder to the modifications and innovations that are produced in the Sector.

3. Update the professional knowledge required for job performance.

4. To develop, in its various degrees, the proprietary medicinal products, both those relating to the work itself, and to the task assigned to higher categories.

5. To facilitate and promote the acquisition of the specific official titles of proprietary medicinal products.

6. To promote professional retraining to ensure the stability of staff in their employment, in cases of technological change or functional modification of the various jobs.

7. Acquire knowledge of national and foreign languages.

8. Permanently train those who have positions of responsibility.

9. Develop the personality of the staff in their various aspects.

10. To facilitate the acquisition of knowledge that will enable category promotions or other jobs to be sought.

11. To acquire the specific knowledge in the field of Occupational Risk Prevention, as well as in the field of first aid and the emanates of the Joint Training Commission, Professional Promotion.

12. To facilitate the professional retraining of staff who are reintegrated into the job, after periods of leave, long-term casualties, etc.

CHAPTER IX

Labor Health

Article 56. Protection of health and safety at work.

56.1 In accordance with the provisions of the Law 31/1995 on the Prevention of Occupational Risks, personnel are entitled to effective protection in the field of safety and health at work. The above right implies the existence of the Company's correlative duty in the protection of personnel at its service in the face of occupational risks.

56.2 In compliance with the duty of protection, the company will guarantee the safety and health of the staff to its service in all aspects related to the work and, if necessary, will deliver with character prior to the staff the protocol of action to avoid occupational risks. The company is also obliged to ensure that staff are trained in theory and practice, sufficient and appropriate, in preventive matters and, in a particular way, when changes in activities and tasks occur or new ones are introduced. Job changes or technologies.

56.3 It is up to the staff to ensure compliance with the preventive measures that are taken in each case.

56.4 Staff Participation:

56.4.a) Delegates of Prevention: The Delegates of Prevention are, on the one hand, the basis on which the participation of the staff in everything related to the Health Work in the field of the company is structured and, from another, the Specialist figure for representation in the field of occupational risk prevention.

56.4.b) The appointment, powers and powers of the Delegates of Prevention shall be as defined in Articles 35 and 36 of the Law on the Prevention of Occupational Risks, as well as those emanating from the decisions of the Committee. Central Security and Health and those agreed in the Committee's own Rules of Procedure.

56.4.c) The employer shall provide the Prevention Delegates with access to the information and training in preventive matters that are necessary for the exercise of their duties. Their powers and powers shall be as set out in Article 36 of the Law on the Prevention of Occupational Risks.

56.4.d) To the Delegates of Prevention, the provisions of article 37 of the Law 31/1995, of Prevention of Labor Risks, and of article 65.2 of the Staff Regulations, will apply to the Delegates of Prevention, being subject to the (a) professional information to be accessed as a result of his/her performance in the company.

Article 57. Joint Committee on Safety and Health at Work.

57.1 In the framework of this agreement, the Joint Committee on Safety and Health at Work will be composed of 100% by the parties to the convention, 50% by the business organizations and 50% by the the unions, which are distributed as follows:

By Business Organizations: FEFE (6) FENOFAR (2).

By Trade Union Organizations: UTF (3), CC.OO (3), and FETRAFA (2).

57.2 The vote of the members of the Joint Committee on Safety and Health at Work will be, in the business and union bank proportional to what was its representation in the Negotiating Table of the Convention.

57.3 The composition and operating system is regulated by the act of constitution and the regulation to be drawn up within one month of the adoption of this Convention and will be incorporated into the text of the same.

57.4 You will have the following competencies and faculties:

1. Monitor the development and compliance of the content of this Article of the Convention.

2. Carry out actions to promote dissemination and knowledge on the Law on Prevention and Occupational Risks.

3. To establish a catalogue of posts for people with disabilities and to adapt them, as well as to ensure the protection of staff particularly sensitive to certain risks.

4. Opinion and consultation on human resources, materials and media determination in this field.

5. Technical advice to the company and staff representation.

6. Those attributed to the Prevention Delegates. Where he has not designated a Prevention Delegate, he will assume his duties, where he will exist, collaborate with him.

7. To analyze and to give conformity to the actions of the company aimed at the characteristics of the Law of Prevention of Labor Risks to its scope of action. Monitoring of the obligations assigned to the company by that Act, in particular as regards:

Design and implementation of preventive action plans and programs.

Participation in Prevention Services.

Assessment of risk factors.

Adoption of measures and assistance for the correct information and training of staff.

Surveillance of the health of personnel through specific medical examinations based on risks, investigation of the causes of accidents at work and occupational diseases, analysis of ergonomics of the position of work, research on causes of absenteeism due to occupational disease and medical care.

Investigation of accidents at work and occupational diseases, determination of their causes and control of potentially dangerous activities.

Study of occupational epidemiology.

Specific protection of pregnancy and lactation.

Article 58. Uniforms.

58.1 The use of the uniform will be mandatory.

58.2 The Pharmacies affected by this Convention will deliver to their staff, at the start of their employment contract, two working gowns, as well as a suitable pair of footwear. Such garments shall be adapted to the physical conditions of the staff and shall be of exclusive and personal use, and shall be renewed at least once a year.

58.3 In any case, the staff is obliged to keep the garments supplied with care and in order.

Article 59. Protection of maternity, pregnancy or breast-feeding.

59.1 The assessment of the risks referred to in Article 16 of Law 31/95 of 8 November of the Prevention of Occupational Risks shall include the determination of the nature, degree and duration of the exposure of the workers in a situation of pregnancy or recent birth to agents, procedures or working conditions which may have a negative impact on the health of those or the unborn child, in the field of pharmaceutical activity, which is susceptible to specific risks in this respect. If the results of the assessment reveal a risk to safety and health or a possible impact on the pregnancy or lactation of the female workers, the holder of the Office shall take the necessary measures to avoid exposure to such a risk, through an adaptation of the conditions or working time of the affected woman. Such measures shall include, where necessary, non-performance of night work or shift work.

59.2 Where the adaptation of the working conditions or working time is not possible or, despite such adaptation, the conditions of a job could have a negative impact on the health of the pregnant worker or the medical services of the National Institute of Social Security or the Entity with which the Pharmacy has concerted the coverage of the occupational risks, together with the report of the National Service Doctor of Health which is able to provide the worker with the right to perform a job or different function and compatible with its status. The employer shall determine, after consultation with the representatives of the staff, if any, the relationship of the risk-free jobs to these effects.

59.3 The change of position or function shall be carried out in accordance with the rules and criteria applied in the cases of functional mobility and shall have effect until the moment when the worker's health status allow you to return to the previous job.

59.4 In the event that, even applying the rules mentioned in the preceding paragraph, there is no work or compatible function, the worker may be assigned to a position not corresponding to her group or category equivalent, although it shall retain the right to the set of remuneration of its place of origin.

59.5 If such a change of position is not technically or objectively possible, or cannot reasonably be required for justified reasons, the worker concerned may be declared to be affected by the suspension of the contract. risk during pregnancy as provided for in Article 40 of this Convention, for the period necessary for the protection of your safety or health and for the duration of the failure to return to your previous post or to another compatible post with its status.

59.6 The provisions of numbers 1 and 2 of this article will also apply during the period of natural lactation, if the working conditions could have a negative impact on the health of the woman or the child. certify the Medical Services of the National Institute of Social Security or the Entity with which the Pharmacy has concerted the coverage of the professional risks, together with the report of the National Health Service Doctor who attends give the woman or her child the right. It may also declare the worker's pass to the situation of suspension of the contract for risk during the natural lactation of children under the age of nine months referred to in Article 40 of this Convention, if circumstances arise. provided for in that provision.

59.7 Pregnant workers will be entitled to be absent from work, entitled to remuneration, for the carrying out of prenatal examinations and birth preparation techniques, prior notice to the employer and justification of the need to be carried out within the working day.

CHAPTER X

Social Action

Article 60. Temporary incapacity and medical consultation.

60.1 Staff in temporary incapacity, however, have their contract suspended, will be entitled to receive, in addition to the economic benefit of the Social Security, the difference between the amount of the same and the total of its remuneration in assets in the following cases:

(a) Accidents at work and occupational diseases.

b) Common disease. From the date of the discharge, provided that there is hospitalization, have the duration of the discharge due to the contingency that has required such hospitalization, for a period of time that may not exceed six months.

(c) The maternity situation will be regulated by its own rules, not by the company being obliged to supplement or pay any, since the Social Security, during this period, pays the worker 100% of her base regulatory and without any delegated payment formulas.

60.2 If the staff were not entitled to the IT benefits because they did not have the required minimum period of absence covered for each case, the company would not be obliged to add any additional fees.

60.3 The absence of staff to attend medical consultations will be paid for all effects, provided that they do so in order to attend to their own health. The staff shall inform the holder of the Pharmacy in good time and submit to him the appropriate supporting document issued by the doctor who has attended the pharmacy, as well as to use for the consultation the minimum time required, and, if this is possible, do so in the hours indicated by the Pharmacist according to the needs of the Office.

Article 61. Accident insurance.

61.1 All staff of the Pharmacy Offices shall enjoy supplementary work accident insurance, including the accident in itinere, provided that the journey has not been interrupted voluntarily, hire the Pharmacists on their own account and charge, with cover all times of the day and every day of the year, and whose warranty will be thirty-five thousand euros for each employee.

61.2 The Pharmacy Office will be obliged to give the staff a copy of the insurance agreement as soon as the policy is provided by the insurance institution.

61.3 The Joint Committee shall ensure compliance with the pact contained in this Article and, where appropriate, propose the form it deems most appropriate in order to facilitate the hiring of employers. collective.

CHAPTER XI

Trade Union Rights

Article 62.

Companies will respect the right of all staff to be freely stated; they will admit that staff affiliated with a union can hold meetings, collect fees and distribute union information outside working hours. and without disturbing the normal activity of the Office; they may not subject the employment of staff to the condition that they do not take hold or give up their trade union membership, nor shall they dismiss the staff or otherwise harm them because of their union membership or activity.

Article 63.

63.1 Trade Unions may send information to all of the Pharmacies in which they have membership, in order for it to be distributed outside the working hours, and without, in any case, the exercise of such practice. disrupt the development of the production process.

63.2 In workplaces holding a staff of more than 5 workers, notice boards shall be held in which the trade union organisations which are signatories to this Collective Convention may insert communications, whose effect they shall direct copies thereof to the Directorate or holder of the Office.

Article 64. Union quota.

64.1 At the request of the staff affiliated to the Central or Trade Unions holding the representation referred to in this Chapter, the companies will discount the amount of the union fee on the monthly staff payroll corresponding.

64.2 The staff involved in carrying out such an operation shall send to the Directorate of the Pharmacy Office a letter in which the order for the discount, the Central or the Union to which it belongs shall be clearly expressed. of the quota, as well as the number of the current account or savings bank account to which the corresponding amount is to be transferred. The undertakings shall carry out the following actions, unless otherwise specified, for periods of one year.

64.3 The holder of the Office shall submit a copy of the transfer to the union representation in the Pharmacy, if any.

CHAPTER XII

Disciplinary regime

Section 1. Fhighs and Sanctions

Article 65. Fouls.

65.1 The faults committed in the work are classified by reason of their importance in light, severe and very serious:

A) The following are minor faults:

1. Two unjustified punctuality faults in two days in a period of thirty, with a delay over the time of entry of more than five and less than thirty minutes.

2. Do not take appropriate leave in due time when the work is missing for justified reasons, unless it is proved impossible to have done so.

3. The abandonment without cause, of the service even if it is for a short time; if as a consequence it is caused to the detriment of some consideration to the company or it is cause of accident to his co-workers, this fault can be considered as "severe", as the case may be.

4. Small neglects in the preservation of the material.

5. Lack of grooming and personal cleansing.

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

7. Do not communicate your home changes to the company.

8. Discussions on matters other than work, within the company's dependencies or during service events.

9. Missing work one day per month, unless there are justified causes.

B) Serious faults are considered as follows:

1. Three or more unjustified punctuality in a period of 30 days, with a delay over the time of entry of more than five and less than thirty minutes.

2. Missing two days of work for a period of thirty days without justified cause.

3. Surrender to games, whatever distractions they are, being in service.

4. Simulate the presence of personnel by signing or signing on.

5. The proven negligence or neglect of the work that affects the service's good progress.

C) The following are considered to be very serious:

1. Three or more unjustified punctuality errors over a period of 30 days, where the delay over the time of entry is equal to or greater than thirty minutes.

2. Fraud or breach of trust in the management and theft or theft, either to the company or to the co-workers, or to any other person in the premises of the company or during the act of service anywhere.

3. Perform, without the appropriate permission, particular works during the day, as well as use for own uses or articles of the pharmacy.

4. The conviction for the offence of theft, theft or embezzlement, drug trafficking committed outside the company, or any other kind of facts that may involve this mistrust with respect to its author and in any case, those of a duration exceeding six months, handed down by the courts.

5. Violate the secret of the company's correspondence or reserved documentation.

6. Reveal to the company foreign elements required reserve data.

7. Ill-treatment of word or deed, abuse of authority or gross lack of respect and consideration to the bosses, as well as to the companions or subordinates.

8. Causing serious accidents by inexcusable negligence or recklessness.

9. Abandonment of the job in the performance of his duties.

10. He causes frequent squabbles and pendences with peers.

11. Any other failure to qualify as such in the current social regulations.

65.2 The recidivism in minor or serious faults-excluding punctuality-will serve only and exclusively as a modifiable cause of the imputability to graduate the applicable sanction.

Section 2. Acoso at Work. Embodiments

Article 66.

66.1 Staff have the right to respect for their integrity and for consideration due to their personal dignity, including protection against moral harassment at work by colleagues and superiors. The negotiating parties to this Convention will prevent and combat the problem of moral harassment in all its possible aspects by adopting all legal measures that can be incorporated into the text of the Convention.

66.2 With regard to sexual harassment, in accordance with the recommendation and the code of conduct relating to the protection of the dignity of women and men at work of 27 November 1991, number 92/131 EEC, parties to this Convention undertake to create and maintain a working environment in which the dignity and sexual freedom of all persons working in the Pharmaceutical Sector is respected, acting in the face of any behaviour or conduct of sexual, word or action nature, developed in the same, and which is offensive to the employee object of the same.

66.3 Complaints about this type of behaviour may be channelled through the Joint Commission, following the sanctioning procedure provided for in Article 68 of this Convention. The Commission shall, in accordance with the provisions of Article 67, be deemed to be very serious and sanctioned in accordance with the provisions of Article 67, which shall constitute an aggravating circumstance in the event that the conduct or conduct is carried out by means of a hierarchical position.

Section 3. Sanctions

Article 67.

67.1 Mild faults may be sanctioned with admonition, always in writing, or suspension of employment and pay between one and three days.

67.2 Serious faults may be sanctioned with suspension of employment and salary of four to fifteen days.

67.3 Very serious faults may be sanctioned with suspension of employment and salary of sixteen to sixty days or with dismissal.

Section 4. Sanctioning Case

Article 68. Sanctioning case.

68.1 For the imposition of any of the penalties for minor faults the instruction of disciplinary record will not be required.

68.2 For the imposition of serious or very serious sanctions, the instruction of a sanctioning file will be required. All actions shall be carried out in writing, prior to the notification of the staff and the decision to the legal representatives of the staff of the work centre, if any.

Article 69. Resolution.

69.1 An Instructor shall be appointed in the same case-opening providence, both ends being reported to the staff subject to the file and to the Instructor.

69.2 The Instructor will perform as many actions as it deems necessary for the clarification of the facts and the determination of the responsibilities that are liable to sanction. In the light of the proceedings, you will pass a statement of objections to the expedientate if you proceed, or, if not, propose to the company's management your dismissal.

69.3 The expedited will have five days to respond to the charges and present the evidence you deem appropriate.

69.4 Received the reply to the statement of objections, the Instructor with its report on the facts will propose to the company the resolution that it considers appropriate to right and is within five days to count from the report will impose the the correct estimate, which shall be notified to the person concerned in writing.

69.5 In case of suspension of employment and salary or dismissal of the staff, and before these occur in an effective manner, it must be reported if there is the legal representative of the staff, in which case the accused person request their attendance and presence.

Article 70. Prescription.

70.1 The minor faults shall be prescribed at 10 days, the serious ones at twenty days and the very serious ones at the age of 60 days from the date on which the company became aware of its commission and, in any case, six months after the committed.

70.2 The sanctioning file will interrupt the prescription of the faults for a maximum period of six months, after which the expiration of the same will occur.

Transient Disposition. Professional categories to be extinguished.

1. Definition and functions of the professional categories declared "to be extinguished":

Major Assistant Diplomat (to be extinguished). It is the Auxiliary in possession of a Diploma issued by the General Council of the Official Colleges of Pharmacists, who, in addition to carrying out the technical mission for which he is entitled by said diploma, is responsible for the organization of the work of the other staff of the Pharmacy Office.

Diplomatic Auxiliary (to be extinguished). It is the Auxiliary in possession of a Diploma issued by the General Council of the Official Colleges of Pharmacists, who, in addition to carrying out the technical mission for which it is enabled by said diploma, prepares master formulas and dispenses and sells to the public pharmaceutical and parafarpharma products under the direction of the Optional Technician.

Helper (to be extinguished). It is the staff who, after the period of training regulated in the following paragraph, cooperate in the functions of the Pharmacy Auxiliary, dispatching to the public the pharmaceutical and parafaraptic specialties, and being able to prepare in case, under the supervision of any of its superiors, the simple formulas that are expressly entrusted to it.

Helper in Training (to be extinguished). It is the staff linked to the undertaking by a training contract whose object is the acquisition of the theoretical and practical knowledge necessary for the proper performance of a job or a qualified job in the Pharmacy Office and governed by the provisions of Chapter III ('Employment ') of this Convention and of Articles 11 and concordant of the Staff Regulations and other supplementary provisions.

Obtained the corresponding certificate of sufficiency, if you continue to provide your services in the Office where you were hired, you will automatically go to the category of Assistant.

Section Chief (to be extinguished): It is the person who bears the responsibility or direction of one of the sections in which the work may be divided, with direct authority over the employees to their orders.

Accounting Officer (to be extinguished): It is the person who performs his or her specialty tasks, consisting of gathering the appropriate elements to make an accounting plan and/or studies, balance sheets, costs, funds and treasury provisions and others works of a similar nature, on the basis of the company's accounting plan.

Administrative Officer (to be extinguished): it is who, in possession of the basic, technical and practical knowledge necessary for the commercial traffic, carries out works that require own initiative, such as correspondence, current business documents, statistical processing with analytical capacity, report management, transcription of data to the books of accounts, confection of subsidies and social insurance and receipts of wages.

Administrative Auxiliary (to be extinguished): it is who, with general knowledge of an administrative nature, assists the heads and officers in the execution of some of their own works of these categories, in addition to having assigned them specifically the functions of his own, such as the drafting of correspondence of procedure, file, the confection of invoices and states for the settlement of interest and taxes, or any other work of the same kind under instructions concrete from its superior. It is understood in this category that they perform the charging of spot sales, checking of box heels or other similar operations.

Aspiring (to be extinguished): is the age employee between the ages of 16 and 18 who starts in the bureaucratic or accounting work of the Pharmacy Office to achieve the necessary professional training.

2. Maintenance in a personal capacity.

The professional categories declared "to be extinguished" shall be maintained in a personal capacity by those who are currently holding them, and therefore no other staff, either of the current staff, will be able to access these categories. either of new procurement.

3. Remuneration.

The professional categories declared "to be extinguished" shall be entitled to the remuneration set out in Annex I to this Convention.

Here are several images in the original. See the official and authentic PDF document.

ANNEX II

Documentation required in salary-discount cases

The Pharmacy Offices applying for the salary discount clause shall forward the following documentation to the Joint Committee of the Convention, with the request for a decision referred to in Article 46. photocopy photocopies in the case of public documents and signed by the optional holder in the case of private documents:

Revenue from the previous two exercises.

Model 190 of the previous two years.

Model 347 of the previous two years.

TC1 and TC2 for the previous two years.

Staff chart, with specification of the number of workers in the template for each category.

Balance of the previous two years.

Operating account for the previous two years.

Grants (if any) received from the Public Administrations in the previous two years.

Donations (if any) received in the previous two years.

Viability plan of the Pharmacy Office in which the alleged neglect is contemplated.

Formula for ensuring the preservation of jobs.

All documentation that in the course of the examination of the request for neglect is required by the Joint Commission.

ANNEX III

Professional Categories

I. Group first: Optional staff

Comprises those who, in possession of the Bachelor's Degree or Doctor of Pharmacy, exercise on behalf of the Chief Pharmacist or Co-owner, that is, who holds the ownership and technical direction of the corresponding Office, the professional services for which they are legally trained.

The staff of this Group will be classified, according to their professional dedication, in the following categories:

(a) Regent Pharmacist: He is a graduate who temporarily exercises the duties and assumes the responsibilities of the Holder or Co-holder in the case of death, retirement, incapacitation or judicial declaration. the absence of any of them.

b) Substitute Pharmacist: Is the licensed graduate who temporarily performs the duties and assumes the responsibilities attributed to the Holder or Co-holder, in cases other than those referred to in the previous paragraph, that appear regulated in the corresponding autonomic rules of pharmaceutical management.

c) Deputy Pharmacist: It is the licentiate that, under the direction of the Chief Pharmacist or one of the Coholders, the Regent or the Substitute, collaborates in the functions proper to his profession that are developed in the Office of Pharmacy where you are engaged.

II. Group Two: Technical Staff

Comprises the following categories:

a) Technician in Pharmacy. It is the employee who, in possession of the appropriate degree of vocational training or equivalent, performs the duties set out in Royal Decree 1689/2007 of 14 December 2007 establishing the title of Technician in Pharmacy and Parafarmacia and their minimum teachings are set.

b) Majeure Auxiliary (to be extinguished).

c) Auxiliary Diplomat (to be extinguished).

III. Group 3: Auxiliary staff of Pharmacy

Comprises the following categories:

a) Pharmacy Auxiliary. After having held the functions of the Assistant for four years, he collaborates in the preparation of master formulas, performs all the tasks concerning the general dispatch of formulas and proprietary medicinal products, prepares orders, classifies and records documents and performs administrative procedures for the settlement of Social Security prescriptions.

b) Adjutant (to be extinguished).

c) Help in Training (to be extinguished).

IV. Group 4: Administrative Staff

(a) Chief Administrative Officer: who, whether or not provided with specific powers, assumes, with full powers, the direction, supervision and realization of all administrative and accounting functions that the establishment has organized.

b) Administrative: it is who, with general administrative, technical and practical knowledge necessary for the commercial traffic, performs works that require own initiative, such as correspondence writing, documents Current business, statistical processing with analytical capacity, report management, transcription of data to the books of accounts, confection of payment of subsidies and social insurance and receipts of salaries, as well as other functions auxiliary, such as the drafting of correspondence, file, the production of invoices and states for the settlement of interest and taxes, or any other work of the same kind.

c) Section Chief (to be extinguished).

d) Contable (to be extinguished).

e) Administrative Officer (to be extinguished).

f) Administrative Auxiliary (to be extinguished).

g) Applicant (to be extinguished).

V. Group Fifth: Subalternate Staff

Comprises the following categories:

a) Mozo. It is the staff whose duties are to carry out the carriage of goods in or out of the Pharmacy, to make the current packages which do not need to be wrapped or packed and to carry out their distribution, as well as any other work that they require predominantly physical effort.

b) Cleaning personnel. It is responsible for the tasks of its category within the Office of Pharmacy, and must have the basic knowledge necessary to be able to manipulate, transport and store the various cleaning and disinfection products, its dosage and identification of the hazards, as well as the meaning of the symbols used in the labels of the products concerned. The appropriate use of the cleaning tools and machinery and the associated accessories and equipment must also be mastered and the necessary hygiene conditions must be maintained in the various offices of the Pharmacy Office. as toilets and bathrooms, offices and administrative areas, ceilings and walls, floors, shelves, medicines, furniture, windows and windows and other aspects of cleaning, such as the care and maintenance of plants and flowers dependencies.

ANNEX IV

Sectoral Observatory of Pharmacy Offices

1. The signatories to the Convention of Pharmacy Offices have agreed to incorporate into the text of the Convention the constitution of the Sectoral Observatory of Pharmacy Offices.

2. The Observatory is an independent, consultative and research body that serves as a living instrument for the exchange of views and experiences with which it can contribute effectively to improving the capacity and knowledge of the Pharmacy Offices sector and thus be able to manage and even predict the transformations to be produced.

3. The Observatory also has the intention of being an instrument capable of maintaining in time a framework of permanent collaboration between the trade-union and business parties that will enable them to make progress on issues such as the quality of service and its costs and to facilitate and prevent changes that occur.

4. The Sectoral Observatory of Pharmacy Offices is also intended to carry out analyses and proposals in the areas listed below, without prejudice to any other consideration, if this is deemed to be appropriate. the members of this body.

Materials:

a) Knowledge of the situation, economic development and competitiveness of the Pharmacy Offices Sector in any field.

b) The evolution of employment in the Pharmacy Offices.

c) Studies on qualification, training and professional promotion of staff at the service of the Pharmacy Offices.

d) Studies of productivity and economic management in the Sector.

e) Promote the institutionalization of this Authority and its relations with the Public Administrations, as well as the participation, as an Advisory Body, in the elaboration of all legal provisions of a regulatory nature which affect or may affect the Sector, prior to its enactment and during the period of allegations, in accordance with the provisions of Article 24.1 (c) of Law 50/1997 of 27 November of the Government.

5. To this end, the signatory parties undertake to provide and obtain the necessary data in order to be able to carry out and carry out these tasks correctly, with occasional or permanent advisors, who will be free designated by them. Where the information in question is to be supplied by a third party outside the Centre, the members of the Centre shall be appointed by as many representatives as they deem appropriate, who shall speak on behalf of the Centre. the appropriate body or entity.

6. The results of the work carried out will be reflected in the corresponding reports, which will take the form of recommendations or agreements in the event that they will be adopted by a majority of the members of the Observatory, Binding on the negotiating parties to the Collective Agreement of Pharmacy Offices and their represented.

7. The Observatory, in order to achieve its objectives, may be financed from the resources of the aid, grants, contributions or donations received from persons or entities, both public and private.

Trade Union-Employers Agreement for the Constitution of the Sectoral Observatory in the field of the Twenty-third Framework Collective Convention of Pharmacy Offices (2007-2010)

I. The signatories to the Convention of Pharmacy Offices understand that social dialogue in the sector is developing satisfactorily through collective bargaining and the implementation of the Convention. However, they understand that it is necessary to avoid fragmentation of the areas of negotiation so that in a reasonable time the whole of these areas are adapted to the framework of the State Convention.

II. The Sectoral and Joint Committees for the Interpretation and Surveillance of the Convention and Training, Professional Promotion and Labour Health shall coordinate with each other to address the concerns of the Sector.

III. The shared objective of contributing to the development and competitiveness of the sector is the best guarantee to improve the living conditions, both social and labour of the thousands of people working in this field, to place the Pharmacy in the place that corresponds to them within the society and to consolidate the quality in the employment and the creation of jobs.

IV. Therefore, the trade union and business organisations which are signatories to the Convention consider that the creation of this new bilateral instrument of labour and participation is a major step towards institutionalising more regularly and permanent dialogue between them, as the most representative within the Sector of the Pharmacy Offices.

V. In order to achieve an effective action in relation to the consolidation and development of the Sector, they agree to the establishment of an Observatory of an advisory and research nature with the following characteristics, objectives and forms of work:

A. Its composition shall be equal, so that its director shall be composed of delegations from the respective organisations in the proportion of representativeness they hold, chaired at the highest level by 10 representatives in total, who shall not receive any remuneration.

B. A Presidency will be chosen, which will be covered with annual rotating. The work of the Observatory shall be carried out with the staff of each of the organizations that are signatories to this Agreement, and may have occasional or permanent advisors.

C. The work of the Centre shall be a compulsory reference for the activities of the Joint Committees of the Convention, in particular of Training, Professional Promotion and Labour Health.

D. Four annual meetings of an ordinary nature and as many extraordinary meetings as are necessary shall be held at the request of the majority of either party.

E. All the decisions of the Observatory shall be valid when they are approved by a majority of each of the parties, in any case trying to achieve the consensus of all or permanent members.

F. The choice of the venue for the meetings shall be determined on each occasion between the business and the social side, ensuring that it is rotating.

G. The Centre's registered office will be located in Madrid, Calle Claudio Coello, n ° 16-1. No. 915754386; Fax No. 915775743; email: federacion@fefe.com

ANNEX V

Promotion Factors Catalog

I. Knowledge: A maximum of 10 points for all the elements of the Factor, for whose elaboration it is considered, in addition to the basic training necessary to be able to correctly fulfill the task that corresponds, the degree of knowledge and experience acquired, as well as the difficulty in acquiring such knowledge or experience.

This factor can be divided into two elements in turn:

a) Training: Six maximum points for this element, which caters to the minimum initial level of theoretical knowledge that a person of average capacity must possess in order to successfully perform the functions of the post of after a period of practical training. You will also need to incorporate the requirements of expertise, languages, IT, etc.

b) Experience: Four maximum points for this element, which determines the length of time required for a person of average capacity, who has the training specified above, to acquire the skill and practice necessary to perform the job in question and achieve sufficient performance in quantity and quality.

II. Initiative/autonomy: A maximum of 6 points for all the elements of this Factor, in which the greatest or least dependence of guidelines or norms is taken into account and the greater or lesser subordination in the performance of the function that is developed. This factor includes both the need to detect problems and to improvise solutions to them.

To determine the influence of this factor, the following elements are to be valued:

a) Reference framework: Two maximum points for this element, which values the limitations that may exist in the post as a consequence of the existence of rules or procedural instructions within each Office Pharmacy.

b) Making the decision: Four points maximum for this element, which values the initiative of the post holder to determine the possible solutions and choose the one that it considers most appropriate.

III. Complexity. A maximum of 3.5 points for all elements of this Factor whose assessment is based on the largest or smaller number, as well as the greater or lesser degree of integration of the remaining factors listed within the task or given.

Items to consider in this field:

a) Difficulty in work: 0.75 maximum points for this element that values the complexity of the task to be developed and the frequency of possible incidents.

b) Special skills: 1.75 maximum points for this element that determines the skills required for certain jobs, such as the memorization and management of the terminology used in the specialty the pharmaceutical industry in question, the physical effort, the capacity of order, etc. and their frequency during the working day.

c) Working Environment: A maximum point for this element that appreciates the circumstances under which the work should be done, and the extent to which these conditions make the work unpleasant or painful. Circumstances relating to the mode of work (night, guards, shifts, etc.)

not be included in the same

IV. Responsibility: A maximum of 8 points for all the elements of this Factor in whose elaboration the degree of autonomy of action of the holder of the function and the degree of influence on the results and importance of the consequences of management.

This factor comprises the following elements:

a) Responsibility for management and results: Two maximum points for this element that considers the responsibility assumed by the occupant of the post on the errors that may occur. Not only the direct consequences are valued, but also their possible impact on the establishment and relations with the clientele. In this sense, it is important not to take extreme values, but rather a logical and normal average. In order to correctly assess this element, it is necessary to take into account the extent to which the work has had to be monitored and checked or contrasted later.

b) Interrelation capacity: Six maximum points for this element that appreciates the responsibility assumed by the occupant of the post on the contacts with other persons other than the company, such as Administrative Authorities, with special consideration to health care providers, suppliers, laboratories, distributors, professionals of the sector or related to it, clients and sanitary establishments in general. It is considered the personality and skill required to achieve the desired results, and the form and frequency of the contacts.