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Resolution Of October 6, 2010, Of The General Directorate Of Labour, Which Is Recorded And Published The Modification Of The State Agreement For The Metal Sector.

Original Language Title: Resolución de 6 de octubre de 2010, de la Dirección General de Trabajo, por la que se registra y publica la modificación del Acuerdo estatal del sector del metal.

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TEXT

Having regard to the text of the agreement to amend the third transitional provision of the State Metal Sector Agreement (Convention Code No 9903435), which was signed on 17 September 2010 by the Commission The Spanish Confederation of Metal Enterprise Organizations (CONFEETAL) representing companies in the sector and the other by the Federation of Industry of CCOO (FI-CCOO) and Metal, Constructions and Aends of UGT Federation of Industry (MCA-UGT), on behalf of the employees of the same and in accordance with the provisions of Article 90, Article 3 (2) and (3) of the Royal Decree-Law 1/1995 of 24 March, approving the recast of the Law on the Staff Regulations of Workers and Royal Decree 1040/1981 of 22 May on the registration and deposit of collective agreements job, this Work General Address resolves:

First. -Order the registration of the said Agreement in the corresponding Register of this Steering Center, with notification to the Negotiating Commission.

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

Madrid, October 6, 2010. -Director General of Labor, José Luis Villar Rodríguez.

MINUTES OF THE NEGOTIATING COMMISSION FOR THE STATE METAL SECTOR AGREEMENT

Wizards:

By the Spanish Confederation of Metal Business Organizations (CONFEMETAL):

D. Andres Sanchez de Apellaniz.

D. Jose Luis Vicente Blazquez.

By the CC.OO Industry Federation. (FI-CC.OO.):

D. Vicenc Rocosa Girbau.

D. Alvaro Garrido Romero.

By Metal, Construction and Aends of the UGT-Federation of Industry (MCA-UGT):

D. Carlos Romero González.

Dna. Isabel Magan Moreno.

In Madrid, at the headquarters of CONFEMETAL, 10 hours on the day of 17 September 2010, meeting, on the one hand, the Federation of Industry of CC.OO. (FI-CC.OO.) and Metal, Construction and Purposes of the UGT-Federation of Industry (MCA-UGT), and of the other, the Spanish Confederation of Metal Enterprise Organizations (CONFEMETAL), represented by the related persons, on the occasion of the modification and incorporation of certain provisions into the State Metal Sector Agreement, both parties

AGREE

First. -Amend the State Agreement of the Metal Sector, registered and published by Resolution of the Directorate General of Labor, of 7 August 2008, and subsequent Resolutions of that agency, of 3 March, 12 May and 29 October 2009, in the following terms:

The third transitional provision is worded as follows:

" (a) In the framework of this Agreement, training in the field of occupational hazard prevention to be provided to workers in the Metal Sector providing services in construction works is established in the Annex III The training content contained therein shall be required only from 31 December 2011.

(b) The training received by workers in the Metal Sector in the field of occupational risk prevention after 31 January 1998, the date of entry into force of Royal Decree 39/1997 of 17 January 1998, which was adopted the Prevention Services Regulation, and before 1 January 2010, is valid and may be accredited by the FMF or the relevant territorial delegation, for the purpose of applying for the Professional Construction Card for the Metal sector, provided that the content of the training covers, at least, the contents, duration and form of the first training cycle: Initial level, set out in Annex III.

(c) The training received by workers in the Metal Sector in the field of occupational risk prevention after 31 January 1998, the date of entry into force of Royal Decree 39/1997 of 17 January 1998, which was adopted The Regulation of the Prevention Services, and before 1 January 2010, may also be valid for the purposes of establishing one or more of the following training content: training content for managers of companies, content training for managers and technicians for the implementation of the activity, training content for managers (a) intermediate, training content for prevention delegates, training content for administrative staff, content of training for the activities of the Metal Sector in construction works or training content for the basic level of prevention of Metal activities in construction, provided that:

1) covers at least the training contents of the specific trade or job set out in Annex III to the State Metal Sector Agreement, and

2) such training has been provided with durations and in the form set out in Royal Decree 39/1997 of 17 January 1997.

d) The recognition of the training referred to in paragraphs (b) and (c) of this transitional provision shall be made on a case-by-case basis, or through a comprehensive proposal of the organisations linked to the Metal Foundation for the Training, Qualification and Employment, in which case, shall be carried out in accordance with the criteria laid down by the Joint Body for the Prevention of Occupational Risks. The application file for this recognition shall contain at least the following information: Title of the training action, number of hours read, mode of delivery, contents, place of delivery, start and end date and qualifications of teachers.

e) The corresponding request shall be settled by unanimous agreement of the Board of Directors of the FMF.

(f) The time limit for the application in the training awards received before 1 January 2010 shall expire for all purposes on 28 February 2010.

g) For the purposes of the contracting and subcontractor companies being able to comply with the registration requirements in the Register of Credit Companies, and up to the date of entry into force of Annex III, in accordance with the provisions of the Article 12 (4) of Royal Decree 1109/2007 states that the preventive organisation of the employer must certify that all the employees of the undertaking providing services in the Member State of the construction sites have received specific training in the field of risk prevention in the terms laid down in Article 19 of Law 31/1995 on the Prevention of Occupational Risks. "

Second. -Signatory parties undertake to transfer such modifications and additions to the State Metal Sector Agreement to the competent Labor Authority pursuant to Article 90 of the Staff Regulations. Workers, for their deposit, registration and publication in the "Official State Gazette".

Third. -The parties agree to appoint Mr. Andrés Sánchez de Apellaniz, Secretary General of Confemetal, to carry out the process of filing the modified Agreement with the Labor Authority. For the purpose of receiving notifications, the address is c/Principe de Vergara, n. 74, 28006 Madrid.

For all of this

And, in evidence of how much antecedé and in accordance with the above, they sign all present, CONFEMEN, MCA-UGT, FI-CC.OO.