Having regard to the text of the State Collective Convention of Perfumery and Purposes (Code Of Convention No. 9904015), which was signed dated June 18, 2010, by the National Association of Perfumery and Cosmetic (STANPA) in representation of the companies in the sector and of the other by the FIA-UGT and FITEQA-CCOO Union Federations on behalf of the workers, and in accordance with the provisions of Article 90 (2) and (3) of the Royal Legislative Decree 1/1995, of 24 March, approving the recast text of the Law of the Workers ' Statute and in the Royal Decree 1040/1981 of 22 May on the registration and deposit of Work Collective Conventions,

This Work General Address resolves:

First. -Order the registration of the said Collective 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, September 3, 2010. -Director General of Labor, José Luis Villar Rodríguez.

Labour Convention for 2010 and 2011 for companies and perfumery and related workers

Previous note: All references in the text of the Convention to "worker" or "worker" shall be construed as being made without distinction to persons, male or female, who work in the Industry of Cosmetic and Perfumery in terms of established in Article 1 of the Staff Regulations.

CHAPTER I

Scope

Article 1. Functional scope.

This Convention shall apply in all the workplaces of those undertakings whose activities or activities are or are not of an exclusive nature, consisting of the manufacture, investigation, import, distribution and/or sale of perfumery, cosmetic, hairdressing, hygiene and personal care products and/or products covered by the Spanish cosmetics regulations in force at any time, as well as simple or compound raw materials linked to the content of the Same, essences and aromas. Distribution is defined as the marketing and placing on the market of products covered by marks from which the member undertaking is a holder or a licensor, with exclusive character, for Spain.

In accordance with the principle of the unit of enterprise, this Convention shall apply in all centres of the same undertaking, as well as in those of the subsidiaries which are mainly engaged in the same undertaking, the activity of which is the assumptions referred to in the first paragraph of this Article.

The provisions of this Convention shall not apply to undertakings or workplaces which, within their functional scope, are governed by an agreement of a company or a centre, unless by mutual agreement they choose to accede to the Convention. This Labour Convention.

The signatory parties express their wish that this Convention should serve as a reference in the negotiation of the Company's agreements until they adhere to it. Companies with their own agreement shall apply in their field those matters governed by the Sectoral Convention and not contemplated by the Company, which will have to this effect and for these Companies the consideration of "agreements on specific matters", regulated in Article 83.3 of the Staff Regulations.

The parties to the joint and implementing pacts implementing the provisions of Article 71 of this Convention may, individually or jointly, consult the Central Joint Committee, in order to ensure that the (a) to exercise the functions provided for in Chapter XVI, in order to verify that such pacts do not infringe any of the rights set out in the Convention, taking into account Article 5 and the Additional Disposition First, as well as Article 3 of the Workers ' Statute.

Article 2. Territorial scope.

This Convention will apply throughout the territory of the Spanish State.

Article 3. Personal scope.

The present working conditions will affect all employees of the companies included in their functional scope, except for the staff of Alta Dirección regulated by Royal Decree 1382/1985 of 1 August.

Article 4. Temporary scope.

This Convention shall enter into force from its publication in the Official Gazette of the State, and in any event within thirty days of its signature, and shall remain in force until 31 December 2,011. Its economic effects will be rolled back for the first year of validity to January 1, 2,010, and for the second year of validity to January 1, 2,011.

At the end of the temporary validity of this Convention and as long as it is not replaced by a new one, the normative content of the present Convention will remain in force.

Both parties undertake to initiate the negotiations of a new Convention, one month before the end of its term.

Article 5. Binding to the entire.

The conditions here, form a whole organic and indivisible and, for the purposes of their practical application, will be considered globally.

Article 6. Personal guarantees.

The working conditions which are higher than those laid down in this Convention, considered as a whole and on an annual basis, shall be respected individually. Such security shall be exclusively personal.

Article 7. Non-discrimination clause.

Both sides pledge to ensure equal pay for work of equal value and for non-discrimination in respect of any of the cases referred to in Article 14 of the Spanish Constitution, as well as to ensure that the appropriate application of the rules governing gender equality.

CHAPTER II

Organization of the job

Article 8. Organizational powers of the Company's Directorate.

The organization of work, as prescribed in this Convention and in the legislation in force, is the faculty and responsibility of the Company's Directorate.

The organization of work aims to achieve an adequate level of productivity in the Company, based on the optimal use of human resources and material resources.

This should be made possible with an active and responsible attitude of the members: Directorate and Workers.

Without the right referred to in the first paragraph, the Workers ' Representatives shall have the functions of guidance, proposal, issuance of reports, etc., in relation to the organization and rationalization of the work, in accordance with the legislation in force, and in accordance with the provisions of this Convention.

In the framework of the Convention and the legislation in force, in each Company the questions will be specified which, in the case of substantial modification of working conditions, will be subject to:

Information a posteriori.

Previous information.

Pre-query.

Prenegotiation.

The interlocutors for each of these modalities will be the Representatives of the Workers of the same scope (of center or intercenters) in which the measure is proposed.

Article 9. Scope of the Organization.

The organization of the job will be extended to the following issues:

1. The requirement for normal activity.

2. Award of the necessary elements (specific machines or tasks) so that the worker can achieve at least the activities referred to in the previous issue.

3. The fixing of both the "waste indices" and the permissible quality throughout the manufacturing process in question.

4. The monitoring, attention and cleaning of the machinery and tools to be entrusted to the worker, taking into account, in any case, the determination of the quantity of work and activity to normal performance.

5. The implementation, during the period of work organisation, of modifications of methods, tariff, distribution of personnel, change of functions and technical variations, of machines and equipment, especially when, with respect to the latter, obtain and search for a comparative study.

6. The adaptation of the workloads, performance and tariffs to the new conditions that result from the change of a certain operating method, manufacturing process, change of matter, machinery or any other technical condition of the the process in question.

7. The fixing of clear and simple formulas for obtaining the remuneration calculations which correspond to each and every worker concerned, in such a way as to be the professional group of the workers and the position of job, they can easily understand them.

Article 10. Procedure for the implementation of work organization systems.

For the introduction of a new system of yields based on premiums or incentives, fixing the normal and optimal activity and changing the working methods, we will proceed as follows:

1. The Company's management must inform in advance in writing of the new system that is intended to be implemented, to the Committee of the Company or Delegate of Personnel and to the Trade Union Delegates or Representatives of the Trade Union Sections, if the there.

2. In the case of disagreement, the mediation and/or arbitration procedure shall take place during the period of notice prior to the application of the measure in question.

Article 11. New technologies.

When new technologies are introduced into an Enterprise which can be assumed for workers to be substantial changes in working conditions, or a period of training or technical adaptation not less than one month, they must be communicate the same in advance to the workers ' representatives in sufficient time to be able to analyse and predict their consequences in relation to: employment, occupational health, training and organisation of work.

Workers destined for the modified job will receive the necessary training for the development of their functions, either directly from the Company or through training plans agreed with INEM or others. Competent bodies. From the scheme of such training: affected workers, characteristics, duration, hours and budgets to which they are dedicated, information shall be given to the workers ' representatives.

CHAPTER III

Employment and recruitment

Article 12. Recruitment.

After jointly analyzing with the Workers ' Representation the evolution of production in the past year and its relationship with employment, as well as the modalities of hiring used in each period of the year, the Each year, the company will examine with this representation the forecasts of the evolution of the workforce, high and low and the various modalities in which it is expected to be produced, as well as the activities to which the hiring goes. The possibility of conversion of temporary employment into indefinite employment, as well as the forecasts for the use of E.T.T. workers, will also be discussed. Prior to their use, each Company shall examine with the Workers ' Representation the relevant professional activities and groups in which E.T.T. could be used. In relation to the subcontracting of tasks or tasks, to be carried out in the company's center or work centers, information shall be given to the Workers ' Representatives within ten days, to be counted from their realization.

In relation to the rights of information that the current legislation gives to workers ' representatives, it is established as a general rule that the companies, where there is no unitary representation, will facilitate in the last quarter of each year to the most representative trade unions and signers of this Collective Agreement the data that they require referring to the number of workers in the workforce, nature and duration of the contracts, as well as forecasts of employment for the 12 months following the date of issue of such data. The Trade Unions shall inform the STANPA Business Organization in advance of the relationship of companies to which they will require the information referred to above for their knowledge and effects. In any case, companies will only be required to provide a comprehensive response to the requested data.

By contract mode, workers are classified as: fixed, contracted for a given time, possible, interim and contracted part time, for training and in practices. In addition, any type of employment contract may be concluded, the modality of which is contained in existing labour law.

The hiring of all workers according to the various methods set out here, must be done in writing, and must be included in the contract the days to be carried out by the contract worker, specifying also the work schedule.

The various procurement modalities must be effectively matched to the legally established purpose. Law-fraud contracts shall be deemed to be indefinite for all purposes.

Fixed workers are admitted to the Company without any special mode of duration.

12.1 Recruitment of a given duration. -They are contract workers for a given time, who are hired for a certain time, express or tacit, or for defined works and services, provided that it is agreed in writing. For this purpose, workers employed for a given time shall have the same rights and equal treatment in employment relationships as other employees of the workforce, except for the limitations arising from the nature and duration of the contract. of your contract.

12.1.1 Eventual Contract: Those hired to attend to the circumstantial requirements of the market, accumulation of tasks or orders still being dealt with the normal activity of the Company, provided that Written record.

The contract will have a maximum duration of nine months within a period of twelve months or twelve months within a period of eighteen months, with the extensions provided for in the Act.

12.1.2 Contract of Work or Service: In order to enhance the use by the companies of the sector of the contracting modalities provided by the Law and to facilitate the interest of the Companies in the own hiring, it is agreed to create a particular contract of work or service, as provided for in Article 15.1 of the Staff Regulations.

This contract mode may cover all tasks or jobs that are sufficiently differentiated by the additional volume of work they represent, which, limited in time, are directly or collaterally related to the work of the Company. In the use of this contractual mode, the Company shall give the workers ' representatives, within a period not exceeding ten days from the conclusion of the contract, the cause which is the subject of the contract, as well as the working conditions of the workers, specifying the number of contract workers, assigned professional groups. It will also be aware of the causes and timing of its completion.

12.1.3 Interinity Contract: It is interim workers who enter into the Company expressly to cover the absence of a worker on: special leave, leave of absence or suspension of the paternity and maternity contract, holidays, sickness or similar situations, and shall cease without any right to compensation when the holder is incorporated. If the absent fixed worker does not reintegrate within the relevant time limit, the Company's management may dispense with the interim worker by resolving the contract at the time corresponding to the end of the reservation of the post, provided that be in writing. In another case, the interim will become part of the firm's template on a fixed basis. If the duration of the stay is more than two years, except in the case of a special leave of absence, the worker, to his or her retirement, shall receive compensation of 20 days per year or fraction.

12.2 Part-time contract. The worker shall be deemed to be engaged on a part-time basis when providing services for a number of hours per day, per week, month or year, less than that considered as usual in the Company, in these periods of time. Such contracts shall have a minimum duration of 12 hours per week or forty-eight per month, except in the case of a full day of the week. Part-time contract workers shall have the same rights and equal treatment in employment relationships as other employees of the workforce, except for limitations arising from the nature and duration of their contract.

The part-time contract must necessarily be completed in writing, with the ordinary number of working hours per day, per week, month or year, as well as daily, weekly, monthly or monthly distribution. annual, except that the distribution of working time for workers on a part-time contract is agreed in the Company with the Workers ' Representatives.

The number of additional hours may not exceed 15 per 100 of the ordinary hours of work under contract. By agreement between the Company and the Workers ' Representatives, this percentage may be extended to 50 per 100 of the ordinary hours contracted. For the completion of the additional hours, the worker must be given notice of at least five days.

Part-time workers will enjoy the supply of dining, transportation, etc., in the same way as the rest of the workers, being able to be compensated in cash.

12.3 Fixed-Discontinuous Contract. -When the mode of fixed-discontinuous is used, the order and the form of the calls, with objective and non-discriminatory criteria, will be fixed in each Company. The call to the worker, as well as the notification to the Workers ' Representatives, shall be made at a minimum notice of seven days.

The indefinite fixed-discontinuous time contract will be arranged to perform work that has the character of discontinuous fixs-and is not repeated on certain dates, within the normal volume of activities of the Company.

12.4 Relay Contract.-In those Companies in which the circumstances permitting the contract of relief provided for in the Law are produced, they will be obliged to complete the formalities necessary for the performance of the contract. of the relevant replacement contract, provided that the worker concerned so requests.

The contract of relief shall be governed by its formalities and requirements, in accordance with the provisions of the legislation in force.

However, by agreement between the Company and the retired worker, the accumulation of the latter's working time may be agreed upon at a certain time of year.

12.5 Contract in practice. -They are employed trainees, those who have an academic, professional or work degree who are duly recognised and carry out work in order to apply their knowledge to improve them. and adapt them to the level of studies undertaken, at the same time as the Company uses its work. In compliance with the established certification requirements, they may be concerned for activities of Groups 3 onwards.

If the duration of the contract has been concluded for a period of less than the legal maximum, it may be extended for only one time until the maximum period of time has been reached.

12.6 Contract for training. -They are contract workers for training those, over 16 years old and under 21 years old, who enter into the Company for the acquisition of theoretical and practical training necessary for the proper performance of a job or a qualified job. However, when contracts are concluded with unemployed persons who are employed as workers within the framework of the school-workshop programmes and houses of trade, the maximum age limit shall be 24 years. The age limit will not apply when people with disabilities are hired.

In accordance with Article 11.2 (b) of the Treaty, in each undertaking, the number of contracts for the training to be carried out on the basis of the size of the undertaking shall be analysed with the Workers ' Representative. template and in consistency with the Company's training plan.

This type of contract will be governed by the following rules:

a) Duration: At most two years. The maximum duration of each contract shall be taken into account for the types and periods of training and experience required for the activity in question. For some activities, a maximum duration of up to 3 years may be agreed at the Company.

(b) Extensions: The possibility of maximum extension within the maximum duration indicated above is established.

(c) Activities: This mode of recruitment may be used for activities within the Professional Groups 2 and 3, as well as for groups 4 and 5 which do not require prior certification.

d) Training: The corresponding Training Plan will be implemented in each Company, or the addition of a sectoral or sub-sectoral plan in progress, as well as grouped plans. The minimum duration to be specified also for each type of activity shall be 15% of the day established in the Company. The training programme shall also establish the distribution of time spent on training. The requirement of theoretical training shall be deemed to be fulfilled where the worker employed for training is certified by the relevant public entity who has completed an appropriate occupational training course to the trade or job object of the contract. In this case the remuneration of the worker shall be increased in proportion to the time not devoted to theoretical training.

e) Evaluation: Creation of a Joint Enterprise or Center Commission, with the issuance of the corresponding certification. Workers with one year of contract may voluntarily submit to the assessment of the group concerned.

f) Tutor: With a maximum of three workers hired for training by tutor, a worker of the Professional Group must be at least the activity, in which it is being formed.

g) Remuneration. The basis of the remuneration will be the S.M.G. of the Group to which its activity corresponds. On that basis, 80, 90 and, in the case of an exceptional third year, 100% respectively, shall be paid. The percentages indicated on the established basis are understood to refer to an effective working time equal to 85% of the expected maximum working day.

(h) Application of the Convention: Except as specifically regulated, it shall apply to them in full, the current Collective Agreement and the specific conditions of application in its Company.

12.7 Succession of contracts.-The worker who in a period of 30 months would have been engaged for more than twenty-four months, with or without a continuity solution, for the same or different job with the same undertaking, or group of undertakings, by means of two or more temporary contracts, either directly or through its making available by temporary employment undertakings, with the same or different contractual arrangements for a given duration; acquire the condition of fixed workers.

However, no succession of contracts will be considered and therefore excluded from the limit of two contracts indicated above, the contracts intended to meet the needs referred to promotional campaigns (activities commercial and distribution) up to a total of five per year.

With respect to other temporary hires, up to four may be extended, provided that those exceeding the second contract do not exceed three months in duration.

12,8 Compensation for contracts.-In those contracts which have been established by legal provision for compensation at the end of their term of validity, the worker shall be entitled to receive compensation of an equivalent amount to the proportional portion of the amount that would result from paying ten days of salary for each year of service.

Article 13. Subcontracting.

In accordance with the provisions of Article 42 of the Workers ' Statute, when the Company concludes a contract for the provision of works or services with a contractor or subcontractor, it shall inform the Workers ' representatives on the following extremes:

a) Social name, address, and tax identification number of the contractor or subcontractor.

b) The object and duration of the contract.

c) Place of contract execution.

d) Where appropriate, the number of workers to be employed by the contract or subcontract in the main company's employment center.

(e) Measures to be taken to coordinate activities from the point of view of the prevention of occupational risks.

d) Application Convention.

Article 14. Recruitment through Temporary Work Enterprises.

This mode of recruitment may not be used to cover positions of structure or to cover vacancies which have occurred in the last 12 months in a job for dismissal declared inappropriate by the Court of the Social, Vacancy Amortization or End of Contract of Fixed Duration.

Except as expressly provided for in the contract of making available, which will be notified to the representatives of the Workers of the User Company, for the workers of the E.T.T. will govern the same working conditions for workers of the user enterprises.

Companies which, as a user, occupy workers of the E.T.T., are obliged to ensure that the contract is made available to them, on a regular basis and for normal business, the same remuneration as in the user undertaking corresponds to the workforce of the same job to be employed, with the exception of what may be personal allowances not linked to the activity carried out.

Companies shall make known to the Company's Workers ' Representatives the contracts for the provision and employment contracts of the workers concerned within the maximum period of 10 days of their employment.

The Representatives of Workers of the User Company are recognized as representing and protecting the working conditions of the workers of the E.T.T.

Article 15. Telework.

Teleworking is a way of organizing and/or carrying out a job, using information technologies, in the framework of a contract or an employment relationship, in which a job, which could also be carried out in the premises of the employer, is performed outside of such premises on a regular basis.

The development of teleworking at the worker's home will only be possible when such space is adequate to the requirements of safety and health at work.

All issues relating to work equipment, liability and costs will be clearly defined before teleworking is initiated.

The employer is in charge of facilitating, installing and maintaining the necessary equipment for regular teleworking, unless the teleworker is established to use his or her own equipment. In any event, if teleworking is carried out on a regular basis, the employer shall cover the costs directly incurred by this work, in particular those linked to communications, and shall provide the teleworker with an appropriate technical support service.

The employer will inform the teleworker of the company's policy on health and safety at work, in particular on the requirements regarding display screens. The teleworker will correctly implement these safety policies at work. The employer is responsible for the protection of the health and safety of the teleworker.

In order to verify the correct application of the safety and health rules at work, the employer and the workers ' representatives may only have access to the address of the teleworker prior to notification and prior consent of the latter.

The employer must take measures to prevent the isolation of the teleworker in relation to the other employees of the company.

The teleworkers will have the same collective rights as the rest of the workers in the company and will be subject to the same conditions of participation and eligibility in the elections for the representative bodies. of workers or to provide for a representation of workers.

Article 16. Persons with disabilities.

1. Undertakings employing a number of fixed workers exceeding 50 shall be required to employ a number of persons with a disability not less than 2 per 100 of the workforce or, if not possible, to implement the alternative measures provided for by the the rules in force, from which the representation of workers will be reported.

2. The companies will take care of the disabled worker who has his or her origin in a professional illness, accident at work or natural physical wear, as a result of a long life of the Company, directing them to work appropriate to their conditions. In the case of physical, mental and/or sensory disability for other reasons, the Company, which is vacant, shall seek the best coupling of the worker.

3. In order to be placed in this situation, preference will be given to persons who receive benefits or pensions lower than the current minimum interprofessional salary.

4. The order for the benefit set out in the previous paragraph shall be determined by the seniority in the Company or, in the case of equality, by the greatest number of children under age or unfit for work.

5. The remuneration to be paid by this staff will be that corresponding to your new job.

Likewise and in a manner compatible with the legal provisions in force, the companies will be obliged to provide the places of subaltern, with those of their workers that for physical, mental and/or sensory disability, illness or advanced age, they cannot continue to perform their trade with normal performance, and provided that they do not have a pension for their support.

CHAPTER IV

Professional Classification

Article 17. Professional classification.

Workers affected by this Convention, in consideration of the functions they perform and in accordance with the definitions specified in the following Article, shall be classified in professional groups.

This professional structure aims to obtain a more reasonable productive structure, all without merit of the dignity, opportunity of promotion and just retribution that corresponds to every worker. The present positions and tasks shall be in accordance with the groups established by this Convention.

In Annex No. 1 to this Convention, as an integral part of this Convention, the questionnaire model is collected for consultation with the Joint Committee on Classification in Professional Groups.

Article 18. Definition of the Professional Groups.

The Professional Groups group the various tasks, activities and functions performed in the Perfumery and Purposes Industry, within the functional organic divisions in which companies can be divided.

These Functional Organic Divisions can be:

A) Administration.

B) Production (research, manufacturing, quality control, maintenance).

C) Commercial (marketing, technical-commercial, sales)

D) Distribution.

E) General Services.

F) Human Resources-Labor Relations.

Factors for determining membership of a Professional Group:

I. Competence:

A) Technical Competence: Knowledge, experience and skill required for the performance of the post (Training-Specialization-Practical Experience). The indications to the levels of training shall be understood as referring to the qualifications reflected in the Convention or the equivalents at any time.

B) Competition Directive: Integrate, coordinate and control activities and functions.

C) Competition in Human Relations: The one required to achieve results through others.

II. Committed-Initiative:

A) Level of activity-functions to perform and/or problem-situations to resolve.

B) Guides, rules, references for the performance of activities and/or problems to be solved.

III. Responsibility:

A) Possibility and real need to make decisions in different areas or levels.

B) Assumption of risk by decisions and their consequences or impacts.

Article 18.1 Definition of Factors for Professional Classification.

I. Competence: A set of knowledge, experience and skill required for the normal performance of a position regardless of its acquisition form, related to a business function or activity.

1. Technical competence: Competence required by the complexity of the functions and which is concrete in practical, technical, knowledge and experience procedures.

(a) Training: Consider the minimum and sufficient initial level of theoretical knowledge that a person of average capacity must possess in order to successfully perform the duties of the job after a period of practical training.

b) Specialization: Considers the requirement of specialized or complementary knowledge to basic initial training.

c) Practical Experience: Consider the time period required for a person of average capacity, and possessing the training specified above, to acquire the practical skill required to perform the job, obtaining sufficient performance in quality and quantity.

2. Directive Competition: Competition required by the extent of the management with which the post is faced to integrate, coordinate and control different resources, activities, functions, groups and objectives.

3. Competence in Human Relations: Competence required to achieve results through others by motivating and influencing people within and/or outside the Organization.

II. Initiative: Quality and autonomy of the thought required by the position to identify, define and find solutions to the problems presented to it (use of the competition), as well as the greater or lesser dependence of guidelines or rules.

III. Responsibility: Condition to "respond" to actions and decisions and their consequences. It implies freedom to act on the level of decision and action autonomy given to the job for the achievement of its results.

Clarifying Notes:

1. The classification contained in this Article shall be carried out by analysis, interpretation, analogy, comparison of established factors and by the most representative basic activities developed and shall be kept in mind when qualifying jobs, the size of the Company or the area or productive unit in which the function is developed.

2. In the case of concurrent in a position of type or basic activities corresponding to different Professional Groups, the classification will be done according to those of the Higher Professional Group.

3. In no case, classification shall not mean that additional activities which could be basic-type for jobs included in professional groups are excluded from the jobs of each of the working groups. different.

4. The mere coincidence in the terminology of the denomination of the activities or the jobs in different companies will not serve as a criterion of classification, but only the analysis of its content.

5. The fact that a worker is in possession of an individual or all the skills required to be classified in a given Professional Group does not imply his or her attachment to it, but that the classification is determined by the requirement and exercise of such powers in the relevant functions.

Article 18.2 Professional Groups.

Professional Group 0:

Workers belonging to this Group plan, organize, direct and coordinate the various activities of the Company's development.

Its functions include the elaboration of the organizational policy, the general approaches to the effective use of human resources and the material aspects, the orientation and control of the activities of the organisation, in accordance with the established programme, with the policy adopted; the establishment and maintenance of productive and support structures and the development of industrial, financial or commercial policy.

Make decisions or participate in their elaboration. They perform high management or execution of the same levels in the divisions, factories, plants, departments, groups, etc., in which the Company is structured and which always respond to the particular ordination of each one.

Professional Group 1: Primary Level.

I. Competence:

Technical Competition:

Training: Primary studies.

Specialization: None.

Practical Experience: Minimum adaptation period (up to 1 month).

Directive Competition: Not required.

Competition in Relations: Humanas: It's not needed. Co-existence and normal treatment with others.

II. Initiative: Simple, repetitive work, which does not require a period of training, under clear and detailed rules or instructions.

III. Responsibility: The execution of the work is subject to direct and close supervision and dependence. The consequences of unintended errors have little influence on processes and are easily detectable and subsable.

Type or Main Activities:

-Elementary operations with simple machines.

-Perform errands, carry or collect correspondence or parcel without complex management.

-Manual activities in conditioning and/or packaging, or packaging and/or packaging.

-Line auxiliary services, such as raw material feed, packaging material, and removal of finished products.

-Recovery elementary tasks.

-Manual loading and unloading operations or with simple mechanical means.

-Cleaning tasks in general and even machinery and other beings.

-Elementary tasks in any process.

-Any other analogous that responds to the general and training factors attributed to this professional group.

Examples/References: (Clarification Note 4).

Buttons, Recadero, Cleaner/A, Mozo, Pawn, etc.

Professional Group 2: Basic Level.

I. Competence:

Technical Competition:

Training: Basic studies, equivalent to School Graduation.

Specialization: None.

Practical Experience: The skill and skill required are reached between 2 and 6 months.

Directive Competition: Not required.

Competition in Human Relations: It's not needed. Co-existence and normal treatment with others.

II. Initiative: Familiarity with standardized routine jobs, being able to involve the use of tools, machines or other simple and generalized means.

III. Responsibility: The execution of the work is subject to close supervision and dependence and to stable and well known routines and instructions. The consequences of unintended errors have little influence on processes and are easily detectable and subsable.

Type or Main Activities:

-Simple and routine jobs in general administrative tasks and services (vgr. input-output and interior correspondence; sorting, distribution and postage).

-Reprogram jobs.

-Receive functions without requiring special qualification or language knowledge.

-Surveillance of buildings and premises without special requirements or weapons.

-Help activities in product processing processes.

-Initiation-level help tasks in the classic trades (masonry, painting, mechanics, electricity, carpentry, etc.).

-Quality control and verification auxiliary tasks.

-Activities that consist of the correct preparation of analysis material and the samples to be analyzed, conservation of analytical means and aid to analytical tasks, under direct control.

-Operating activities in conditioning and/or packaging, with regulation, tuning, cleaning, etc., of machines such as: wrapping, packing, filling, fitting, and other auxiliary machines of the industry.

-Prepared, mixed, dosed, filtered, etc., in the production process, under detailed and concrete instructions.

-Order preparation, understanding as such, the recall function of shelving products, grouping them to, likewise, pack them and place labels, previously completed, for internal shipments or to customers.

-Any other analogous that responds to the general and training factors attributed to this professional group.

Examples/References: (clear note 4).

Auxiliary in administrative tasks, Ordinance, Receptionist, Vigilante (no weapons), Office Assistant, Label, Operary/to Conditioning, Order Preparer (internal or client), Embaler/a.

Professional Group 3: Qualified Level.

I. Competence:

Technical Competition: Training: Basic Studies, Equivalent to School Graduation, professionally completed by specific training in some process, or Professional Training FP-1.

Specialization: Knowledge about a trade or professional procedures whose execution is repetitive.

Practical Experience: The systematic skill required can be obtained between 6 months and 1 year.

Directive Competition: Not required.

Competition in Human Relations: It is not necessary, except in commercial positions. Co-existence and normal treatment with others.

II. Initiative: Pericia in procedures or systems that may include dexterity in the use of complex machines, equipment or methods.

III. Responsibility: The execution of the work is subject to standardized instructions, practices and procedures, with supervision on the progress of the work and its results.

Type or Main Activities:

-Billing, calculation, record, and file tasks or similar to some degree of initiative.

-Receive functions, telephone, telex, no foreign language domain.

-Payment and home charging functions.

-Realization of sales in commercial premises.

-Installing storefronts, preparing them, and installing advertising items.

-Jurada surveillance or with weapons.

-Tasks of classic trades: masonry, electricity, etc., at the level of normal tasks of the trade.

-Realization of simple, routine analysis of easy checking and sampling functions and sample preparation for analysis.

-typing work that can be implied by the writing of correspondence, according to specific format and instructions.

-Write and drill tasks on data collection machines.

-Verification of the product's physical quality conditioning materials with knowledge of tables and standards of minimum quality.

-Operatory and monitoring of the operation and regulation of a line or part of a packaging or conditioning chain with the collaboration of operator of posts included in Groups 1 and/or 2.

-Activities in the elaboration of cosmetic, dentifrice, perfumery and analogous forms that require a high degree of specialization and skill.

-Transport and palletizing tasks performed with motor-to-motor mechanical elements.

-Warehouse activities which, in addition to manual preparation, packing, loading, unloading, stacking and distribution tasks with or without mechanical elements, driving forklift trucks, involve checking entries and exits of goods, under instructions and giving account to the person responsible for the services; weighing and dispatch of the goods, with compliance with apbarans and parts.

-Driving of vehicles, with or without distribution, requiring meat classes A and B1.

-Any other analogous that responds to the general and training factors attributed to this professional group.

Examples/References: (Clarification Note 4).

Administrative/(without specialization), Receptionist-Telefonista, Jury or with weapons, Seller/a Stand, Payor/Payer, Laboratory Auxiliary, Driver (A and B1), Verifier, Operary/a Manufacturing.

Professional Group 4: Official Level-

I. Competence:

Technical Competition:

Training: Equivalent to B.U.P. or FP II.

Specialization: Knowledge about a professional craft or procedures at a developed level.

Practical Experience: The systematic skill required can be obtained between one and three years.

Directive Competition: Not required.

Competition in Human Relations: It is not necessary, except in commercial positions. Co-existence and normal treatment with others.

II. Initiative: Pericia in trades, procedures or systems at the developed level.

III. Responsibility: The execution of the work is subject to established instructions, practices and procedures, with supervision on the progress of the work and its results, and with a certain level of autonomy.

Type or Main Activities:

-Secretariat without language domain.

-Outline, drawing, design, and layout tasks for models.

-Administrative tasks that require additional specialisation to the usual practices and which may involve frequent telephone or direct relationships with customers or suppliers.

-Central computer operator.

-Order fulfillment, merchandise review, and distribution tasks, with record in the books or machines to the effect, of the daily movement.

-Sales activities on visit to clients.

-Technical-commercial activities on application and product advice to clients.

-Activities of the operation, control, surveillance and regulation of the production process, in lines of packaging or conditioning, with the assignment of the operations to be carried out in the places of work that make up the chain.

-Physical, chemical, or biological analysis tasks and laboratory determinations performed under monitoring.

-Tasks of classic trades: masonry, electricity, etc., at the level of trade developed.

-Driving with or without distribution requiring Class C, D or E. meats

-Any other analogous that responds to the general and training factors attributed to this professional group.

Examples/References (Clarification Note 4):

Administrative (with specialization), Secretariat (no language domain), Aprovisionator/a, Seller/a, Beauty Demonstrator, Laboratory Analyst, Classic and/or Manual Trades Officers, Computer Operator central, etc.

Professional Group 5: Specialist Level And/or Intermediate Command

I. Competence:

Technical Competition:

Training: Equivalent to B.U.P. or FP-II, completed by a training developed in some advanced procedure.

Specialization: Knowledge about a trade or professional procedures at an advanced level.

Practical Experience: The systematic skill required can be obtained over a period of more than three years.

Directive Competition: If given in the post, it is the first degree of command in an Organization, at the level of task or activity monitoring (sometimes, "primus inter pares").

Competition in Human Relations: Demanding a first level of capacity in human relations to motivate collaborators.

II. Initiative: Pericia in trades, procedures or systems at an advanced level.

III. Responsibility: The execution of the work is subject in whole or in part to established plans and programs, practices and procedures based on clearly defined precedents or policies.

Type or Main Activities:

-Tasks consisting of the direct command exercise at the head of a set of operators of the so-called classical trades (masonry, carpentry, painting, electricity, mechanics, etc.).

-Secretariat, with domain of some foreign language.

-Translation tasks, correspondence writing, domain-level interpreter of at least one foreign language.

-Programming tasks in the computer field.

-Advanced accounting tasks, behaving control and balance utilization.

-Tasks that involve responsibility for the coordination and oversight of surveillance.

-Tasks and responsibility for supervision in laboratories or set of laboratories at the advanced level of trade.

-Activities involving the responsibility of a shift or a production unit that may be seconded by one or more workers of the lower professional group.

-Stéticists, that is, personnel hired according to the Official Diploma of Vocational Training or approved of Estethicist, capable of knowing in depth the qualities and components of the products, which normally apply special treatments, combining these functions with those of conducting training and/or information meetings on products and treatments.

-Any other analogous that responds to the general and training factors attributed to this professional group.

Examples/References (Clarification Note 4):

Address Secretariat (with idiom/s), Traductor/a-Interpreter, Buyer/a, Informatics Programmer, Accounting, Official Diploma, Beauty Monitor, Controller/to Chemical Processes, Manufacturing and/or Control of Quality, Counterpart, Charging/a.

Professional Group 6: Professional Level and/or Section Headquarters

I. Competence:

Technical Competition:

Training: Equivalent to Middle Grade Academic Training, completed by a specific training in some functional specialty.

Specialization: Knowledge about a domain-level craft or functional procedures.

Practical Experience: The systematic skill required can be obtained over a period of more than five years.

Directive Competition: If given in the post, it is the first degree of command in an Organization, at the level of integration, coordination and monitoring of homogeneous or heterogeneous tasks or activities.

Competition in Human Relations: Demanding a first level of capacity in human relationships to motivate collaborators.

II. Initiative: Sufficiency in specialized professional activities that carries with it the understanding of its principles and practices.

III. Responsibility: The execution of the work is subject in whole or in part to established plans and programs, practices and procedures based on clearly defined precedents or policies.

Type or Main Activities:

-Performing technical functions at the middle academic level, which consist of collaborating in research, quality control, studies, surveillance or control in industrial processes, or in professional services or advice scientists.

-Analysis tasks in the computer field.

-Responsibility for ordering and monitoring the execution of production, maintenance, services, or administration tasks, or all of them in a Small-Dimension Enterprise.

-Responsibility for a homogeneous unit of administrative character.

-Monitoring sales of a group of vendors or a geographic zone.

-Any other analogous that responds to the general and training factors attributed to this professional group.

Examples/References (Clarification Note 4):

Computer Analyst, Head of Section of an Enterprise Area, Regional Head of Sales, Head of Product, Auditor, Coordinator/A (Sales-Marketing, among other activities).

Professional Group 7: Technical Level-Departmental Heads

I. Competence:

Technical Competition:

Training: Equivalent to Higher-Grade, or Middle-Grade Academic Training completed with extensive professional experience in some area of activity.

Specialization: High knowledge of a technical field, area, or functional division.

Practical Experience: The systematic skill required can be obtained over a period of more than six years.

Directive Competition: If given in the post, it is the first degree of leadership in an Organization, at the level of integration, coordination and monitoring of homogeneous or heterogeneous tasks or activities.

Competition in Human Relations: Demanding an important or very important level of capacity in human relationships to motivate collaborators.

II. Initiative: Domain in specialized professional activities that carries with it the understanding of its principles and practices.

III. Responsibility: The execution of the work is subject in whole or in part to established plans and programs, practices and procedures based on previous or defined policies and under the dependency of an Enterprise Directorate.

Type or Main Activities:

-Functions involving research or job control tasks with training to study and solve the problems that arise.

-Organization, coordination, and monitoring of a business area.

-Organization, coordination and monitoring of heterogeneous administrative tasks or the set of administrative activities in medium-sized enterprises.

-Responsibility for the exploitation of enterprise computing or the set of data processing services in medium-sized units.

-Analysis of computer systems.

-Technical and supervisory responsibility for a laboratory or set of multiple medium-type enterprises.

-Responsibility and technical monitoring in manufacturing processes.

-Any other analogous that responds to the general and training factors attributed to this professional group.

Examples/References (Clarification Note 4):

Head of Department in the Functional Divisions, Systems Analyst, Perfumist Technician in Olores and/or Sabores, Head of Information Projects, Chief Commercial Officer, Head of Sales.

Professional Group 8: Technical Level-Top (Directorates)

I. Competence:

Technical Competition:

Training: Equivalent to Higher Grade Academic Training, completed with extensive professional experience in some area of activity or functional division.

Specialization: Domain of a technical field, area, or functional division.

Practical Experience: The systematic skill required can be obtained over a period of more than 6 years.

Directive Competition: If given in the post, it is the basic level of management in an Organization, at the level of integration, coordination and supervision of functional techniques and procedures.

Competition in Human Relations: Demand at a very important level of capacity in human relationships to motivate collaborators.

II. Initiative: Domain of functional techniques, procedures and activities that carries with it the understanding of its principles and practices.

III. Responsibility: The execution of the work is subject to policies and principles of organization and those of the Company.

Type or Main Activities:

-Planning, sorting, monitoring, and control functions for the area, functional division, or department of your office.

-Sorting and monitoring systems, processes, and work circuits.

-Top-level analysis, study, and advisory tasks for Enterprise addresses.

-Responsibility for planning, developing, and controlling the set of organization and computing tasks.

-The development of high-level management and research tasks, with programming, development and accountability for results.

-Any other analogous that responds to the general and training factors attributed to this professional group.

Examples/References (Clarification Note 4):

Director/a-Chief (of areas, functional divisions, departments, according to Organization of Companies), Advisor and/or Senior Technicians with high specialization.

Article 19. Mode of operation for the new professional classification, in those enterprises which have not previously carried out the classification of this Convention.

Due to the collective implications of the new professional structure, and the need for the maximum possible agreement in the application of this new classification that substantially modifies the established so far, the following mode of operation is set:

(a) Negotiate between the Company and the Workers ' Representatives.

b) In the case of an agreement, it will be agreed.

(c) Both parties may consult the Joint Committee to issue the relevant opinion which will not be binding.

These consultations must be carried out in the model attached in Annex I.

(d) The parties may also submit to the mediation and/or arbitration procedures provided for in this Convention.

e) Where there are no workers ' representatives, they can go directly to the Joint Commission.

To resolve the proposed mediation or to respond to the query, the Joint Commission may examine the Company in question, the characteristics of the activity object of disagreement or consultation.

After the interpretation of the Joint Commission is known, the Company's management will apply the new professional classification, leaving the relevant court open for any complaint.

In any case, the negotiation does not imply the need for the mutual agreement at the level of the Company, between the representatives of the Workers and the Directorate for the establishment of the new professional classification, it should be forgotten that in the conflicts on professional classification it will be the worker or workers affected who would have to accept or not their new professional classification.

In those companies where the classification of the jobs in professional groups has not yet been carried out, the Directorate of the same or the representatives of the workers will present to the other party, a proposal in order to complete a negotiation during the year 2,011.

Individual guarantee. -In order to prevent any kind of discrimination from changing from one system to another, to all those workers who came together in a situation of lower or higher value for the needs of the organisation of work, they shall be included in the same professional group in which the other workers who perform the duties or functions performed before the present change are included.

Article 20. Annual review.

The adequacy of the current professional classification in the Company will be examined annually to the modifications produced as a result of technological or organizational evolution. In the cases of disagreement between the Company and the Workers ' Representatives it shall proceed as indicated in the previous article.

Article 21. Functional mobility.

A functional mobility may be carried out within the professional groups, when this does not involve a transfer of locality. They shall exercise limit for the same, the suitability and fitness requirements necessary for the performance of the tasks entrusted to that worker.

Workers subject to such mobility will be guaranteed their economic and professional rights in accordance with the Law.

The Workers ' Representatives, if any, may obtain information on the decisions taken by the Directorate of the Company regarding functional mobility as well as the justification and cause thereof, Companies are obliged to provide it.

CHAPTER V

Revenue, promotions, templates, transfers, post changes, and cesses

Article 22. Revenue.

The income of the workers, whatever their form of hiring, will always be in accordance with the legal norms in force at every moment on the subject matter.

For entry as a template, they will have a right of preference, on equal merits, who have performed or perform functions in the Company, subject to any temporary hiring mode, including part-time contracts, for training or for traineeships.

In each work or enterprise center, the Address will determine the selective tests to be performed for the income and the documentation to be provided by the applicants.

The Company's Management will inform the Workers ' Representatives of the position or positions it intends to cover, the conditions to be met by the applicants and the characteristics of the selection tests. The Workers ' Representatives shall, where appropriate, ensure their objective application, as well as the non-discrimination of women in the entry into the workforce.

Article 23. Test period.

The income of the workers shall be considered as a test, the period of which shall be variable according to the nature of the posts to be covered and which shall in no case exceed the time fixed at the following scale:

-Technical and Titled Personnel or Groups 6, 7, and 8: Six months.

-Non-Titled and Administrative Staff or Groups 4 and 5: Three months, except for commercial personnel who will be 6 months.

-Specialists or Group 3: One month. For staff selling on stand it shall be six months when they are contracted for an indefinite period of time and three months in the case of fixed-term contracts.

-Unqualified workers or Groups 1 and 2: One month.

These periods will be effective work. The situation of temporary incapacity, maternity, risk during pregnancy and during the natural lactation of a child of less than nine months, suspension of the contract for paternity or by decision of the person victim of gender violence, as well as all the Adoption or acceptance scenarios will interrupt the computation of this period, which will resume from the date of effective incorporation into the work.

Only the worker is understood to be subject to the probationary period if it is written in this way. During the trial period, by the Company and the worker, the contract may be freely resolved without notice and without any right to compensation.

When the worker who finds himself performing the probationary period does not exceed it, the Company's Management will be obliged to communicate it to the Workers ' Representatives.

In the case of indefinite hiring, after the test period, the workers will enter as permanent staff, and the test period will be computed for all purposes.

Business training courses will be considered for all purposes as the time of the trial period.

Article 24. Promotions.

Promotions will be subject to the following regime:

1. The promotion of workers to tasks or jobs involving command or confidence, such as the functions of Directorate, Head, or other similar tasks, as well as the Counter-Stress, Charters, Capataces, Delegates and Inspectors, Concierge, Cobro, Vigilance or Guarda, will be free to be appointed by the Company.

2. For the promotion to the rest of the jobs, the enterprises that do not have their own system agreed with the Representation of the Workers, will establish an opposition contest based on a system of objective character, taking as reference the The following circumstances: appropriate qualification, academic assessment, knowledge of the job, professional history, having performed the role of a higher professional group and successfully overcoming the tests which set.

In the same conditions of suitability and seniority, the ascent to the person of the least represented sex in the position to occupy will be attributed.

The system of valuation made by the Directorate will be preceptively ruled by the Workers ' Representatives, if any. In the event that there was a disagreement to estimate the workers ' representatives that the system lacks objectivity, in a joint meeting, both sides will try to negotiate a agreed solution. If, in spite of this, it is materially impossible to reach the agreement, the workers will be left open to the complaint to the Authority or Labour Jurisdiction.

For the purpose of ensuring the presence of the Workers ' Representatives in the procedures through which promotions occur, they will appoint two representatives who will participate in the courts, -opposition, with voice and no vote. They shall also record the effect of their caveats.

Article 25. Template.

The companies will make each year the templates of their staff, with indication of the contractual modality, and duration of the contract of each one, pointing out the number of workers that comprises each functional organic division and each professional group.

Without prejudice to the promotion of existing personnel by way of promotion, companies will be able to write down the vacancies that occur. The representatives of the workers shall be informed of all this and in advance of the cancellation of the vacancy, if any, for the appropriate purposes.

Article 26. Geographical mobility. Individual transfers.

Transfers of personnel involving change of household address for the affected person may be effected: At the request of the person concerned, by agreement between the Company and the worker, for the needs of the service and for permuse.

1. Where the transfer is made at the request of the person concerned, upon acceptance by the Company, the person concerned shall be entitled to compensation for the costs incurred by the change.

2. Where the transfer is carried out by mutual agreement between the Company and the worker, the terms agreed in writing between the two parties shall be met.

3. The transfer of workers-who have not been recruited specifically to provide their services in enterprises with mobile or mobile work centres-to a work centre other than the same company, which requires changes of residence will require the existence of economic, technical, organisational or production reasons which justify it, or contracts relating to business activity.

It will be understood that the causes referred to in this article are met when the adoption of the proposed measures contributes to improve the situation of the Company through a more adequate organization of its resources, that it favors their most competitive position in the market or a better response to demand requirements.

The decision of the shipment must be notified by the Company's Management to the worker, as well as to its Legal Representatives, at least thirty days before the date of its effectiveness.

Notified of the transfer decision, the worker, except as to the extent established in the Company by express agreement, will have the right to choose between the shipment, perceiving compensation for expenses, or the extinction of his/her The contract is awarded for a period of 20 days of salary per year of service, with periods of less than one year and a maximum of twelve monthly allowances being extended for months. The compensation referred to in the first case shall include, on the basis of justification, the amount of the following expenditure: locomotion of the person concerned and the family members of his or her dependants and who live with him, the transport of furniture, clothing and goods and a cash allowance equal to two months of actual salary. The companies will be obliged to provide the transfer of the necessary aid in order to be able to access the enjoyment of a house of similar characteristics to which it came occupying, paying, if necessary, the difference of income in more.

Without prejudice to the enforceability of the transfer within the time limit of incorporation, the worker who has not opted for the termination of his contract will be displeased with the business decision, may challenge her to the competent jurisdiction.

4. Workers with a destination in different locations belonging to the same company, professional level, etc., will be able to arrange the permuse of their respective positions, subject to what they decide in each case, taking into account the needs of the service, the fitness of both permutants for the new destination and other circumstances that are worthy of appreciation.

Article 27. Geographical mobility. Procedure for collective transfers.

The shipment referred to in the preceding number must be preceded by a period of consultation with the Legal Representatives of the Workers of a duration of not less than 15 days, when it affects the whole of the center of work, provided that it occupies more than five workers or, when without affecting the whole of the work centre, within a period of 90 days, includes a number of workers at least:

-Ten workers in enterprises with fewer than 100 employees.

-Ten percent of the number of workers in the company in those who occupy one hundred to three hundred workers.

-Thirty workers in the companies occupying three hundred or more workers.

This consultation period should address the reasons behind the business decision and the possibility of avoiding or reducing its effects, as well as on the measures needed to mitigate its consequences for the affected workers.

In order to carry out the transfer of personnel, in accordance with the provisions of this Article, as well as in the Staff Regulations, workers shall be entitled to receive the compensation provided for in the Article 26.3.

The following points should be detailed in this notice: a) place where the factory is planned to move, and b) housing possibilities in the new location and rental or property conditions.

The affected worker will have a maximum of one month to accept or raise objections to the transfer proposal. In any event, the staff shall be entitled to receive the compensation laid down in the previous Article.

If any worker has made justified expenses on the occasion of the shipment and the shipment will not take effect for the Company, it would have the right to be compensated for the damages caused.

Article 28. Geographical mobility. Victims of gender-based violence.

In cases where a particular Company has several workplaces located, each of them, in different locations, the person who is the victim of gender-based violence, duly accredited by the corresponding protection order or exceptionally, in so far as such an order has not been issued, through the report of the Prosecutor's Office indicating the existence of indications that the applicant is a victim of gender-based violence, that she is forced to leave the job in the locality where you were providing your services, to make your protection effective or his right to comprehensive social assistance, he shall have the right, upon request, to take up another job, of the same professional group, which the undertaking has vacant in any other of its workplaces.

The transfer or change of work centre will last for six months, during which the Company will have an obligation to reserve the job previously occupied by the worker. After this period, the worker must choose between the return to her previous job or the continuity in the new one. In the latter case, the said reserve obligation shall lapse.

Article 29. Job changes.

In the case of workers who are forced to join a professional group other than their own, they must be reintegrated into the group of origin as soon as they have vacancies in their group and always have in counts the scale.

Workers paid for weaning or premiums involving the collection of special allowances for remuneration may not be attached to other work of a different scheme, except where they measure causes of force majeure or technical requirements of the holding so require.

Article 30. Work of a different professional group.

The Company may, in case of need, be able to direct the workers to carry out work from a different professional group to their own, reintegrating the worker into their old position when the cause of the change ceases.

In the case of a higher group, this change shall not be longer than six months uninterrupted or eight alternate months within one year, except for cases of replacement by disease, accident at work, licences, special leave of absence and other similar causes, in which case the situation shall be prolonged as long as the circumstances in which the situation has been caused remain. After four uninterrupted months or six alternate months, with the exceptions indicated, the opposition shall be convened in accordance with Article 22. As long as the work of a higher group is performed, the remuneration shall be the same.

In the case of a lower group, this situation cannot be extended for longer than two uninterrupted months, while retaining the remuneration for the group of origin. In no case shall the change imply the detriment of human dignity. In this sense, the companies will avoid repeating the work of inferior group with the same worker. If the change occurs at the worker's request, your salary will be conditioned according to the new professional group.

Article 31. Volunteers cease.

Workers who wish to cease voluntarily in the service of the Company will be obliged to put it in the knowledge of the Company, fulfilling the following periods of notice:

-Technical Staff Titled, Non-Titled Technical Staff, Groups 7 and 8: Two months.

-Groups 4, 5, and 6: One month.

-Within the professional group 4, workers belonging to the functional organic divisions of production or maintenance, will be obliged to put it to the knowledge within a period of fifteen days.

-Staff Rest: Fifteen days.

The failure of the workers to comply with the obligation to pre-notify them in advance will entitle the Company to discount the amount of the salary of one day for each day of delay in the company. warning.

The Company will be obliged to liquidate at the end of the term the fixed concepts that can be calculated at such a time and with the formalities required in the legislation in force. Failure to comply with the settlement period attributable to the Company shall entail the right of the worker to be compensated with the amount of one day for each day of delay in the liquidation, with the limit of 15 days. There will be no such obligation and therefore no such right is born if the worker did not notice in advance.

CHAPTER VI

Pay Policy

Article 32. Remuneration system.

The remuneration of personnel covered by this Convention shall be made up of the base salary and the allowances thereof.

Article 33. Payment of wages.

The payment of wages will be made in cash, within the working day, for weeks, tens, fortnightly or months, or by cheque or bank transfer. Where the Company chooses to make the payment by bank transfer, it shall be ensured that the current account or the worker's book is paid on the usual date of payment, and shall have a free effect in relation to the the obligation to collect the worker's signature on the receipt of wages. This shall not exempt the Company from its obligation to deliver to each worker its individual payroll in each of the payments.

As for the payment of advances, the provisions of the current legislation will be in place.

Those companies that have established extraordinary payments must make their credit before the 15th day of the month or months concerned or, after agreement with the worker and information to the representatives of the workers, by extending the same in the 12 ordinary monthly allowances.

Article 34. Minimum Guaranteed Salary.

By this Convention, workers are given full time, the minimum guaranteed wage of EUR 13,650.66 per year.

The Guaranteed Minimum Wage (S.M.G.) shall be composed of all the remuneration concepts to be paid by the employees of each undertaking in normal activity in measured or usual work in unmeasured work, in normal and complete working day.

Not included in the S.M.G. the age and the mandatory plusses.

The Wages Agreement per Professional Group in no case will be inferior to the S.M.G. of the same. To this end, the necessary part of the Plus Convention may be absorbed or any other fixed concept which the worker receives in normal and complete working and working time and which has not yet been incorporated into the Plus Convention. This Agreement Salary will not serve as a reference for the calculation of seniority or other plusses, nor will it represent any increase in wages for this unification.

Professional Groups

Annual minimum wage table in each professional group:
Group 1	13,650.66 euros.
Group 2	14,606.19 euros.
Group 3	15.834.76
Group 4	17,609.40 euros.
Group 5	20.066, 49 euros.
Group 6	23,479.17 euros.
Group 7	28.529.95 euros
Group 8	36,174.31 euros.

For year 2,011 the table will be incremented by the percentage resulting from the agreed increment.

Article 35. Wage increases.

I. Wage reference model. -The signatory organizations of this Convention have, after the experience of the last few years, have chosen to refer the wage increases agreed to the Gross Wage Mass (M.S.B.) of the Companies. The aim is to generalise the scope of the present Collective Convention, facilitating the accession of those undertakings which are currently bound by agreements of their own level, all without failing to comply with the principle of autonomy and freedom of the parties.

1. The following concepts are considered to be M.S.B. with the following clarifications:

1.1 Gross Salary Remuneration:

Note A:

Base salary.

Plus Convention.

Benefits and Pluses.

Incentives.

Add-ons and premiums.

Extraordinary pages.

1.2 Other Economic Concepts:

Note B:

Commissions.

Diets.

Special awards and benefits.

Scholarships.

Dining Grants.

Housing.

Other non-retributive social benefits.

1.3 Extraordinary hours.

1.4 Other remuneration: Antiquity.

Notes:

A) These concepts will be related to all workers and staff who receive an accrual from the Company, except for the staff included in the professional group No 0. Nothing will be deducted if there are there is a strike or any kind of suspension of work contracts, in which case the theoretical amounts to be paid by the workers are incorporated.

B) Comprises non-strictly salary concepts that constitute a cost element attributable to the work factor.

2. Once the M.S.B. has been calculated on the basis of the factors and concepts listed above, the companies shall bring the total amount corresponding to the following masses:

2.1 The masses corresponding to quantities and concepts submitted to the natural evolution of their cost and managed by the Company itself, such as:

a) Pay-in-kind, maintenance, accommodation, home, room and any other supplies.

(b) Social care and social services such as vocational, cultural, sporting, recreational, economic, dining, family, childcare, transport, etc.

These exclusions will not be made on the assumption that the workers will receive lump sums for these concepts, in which case the corresponding items will be increased, that they will increase their amounts or will share with the rest of the increase.

2.2 The masses that correspond to diets, overtime, and sales commissions. The companies, together with the workers ' representatives, will determine in this case the regime to which they are to be adjusted.

2.3 The mass for the staff included in the professional group No 0.

II. Increments.

A. Year 2010.

Once the M.S.B. concept of 2,009 has been purged in accordance with paragraphs 2.1, 2.2 and 2.3 of paragraph I, the M.S.B. shall be increased by 1,2% of its current amount.

The increases of the M.S.B. of each Company will be calculated in conditions of homogeneity in respect of the periods to be compared, both in terms of templates and private working arrangements, at the level of productivity, overtime and other working conditions, and consequently, the amounts corresponding to the enlargements in such concepts, excluding any of the actions referred to, shall be taken into account separately.

Performed the operations before, the following actions will be performed:

1. 15% (0.18%) of the agreed increase (1.2%) will be reserved for:

-New antiques.

-Adjustment of salary fans.

In the distribution of this mass, the order of priorities set out in the preceding paragraph must be followed.

In respect of the Guaranteed Minimum Wages of the professional groups listed in Article 34, they shall be enforced by the Companies.

It is understood by adjustment of salary fans, the application of the part of the reserve, not intended for new antiques, of the increase agreed each year to moderate the difference between the total, maximum and minimum salaries, of each Professional Group.

For these purposes, for each year of the Convention and with the character of "ad personam", the application will be made as follows:

1. The division of the surplus from the reserve, once applied, in the appropriate part, to new antiquities

shall be discussed within the Company, between the Directorate of the Company and the Representatives of the Workers.

2. No agreement is reached, the excess amount will be distributed linearly among all workers in the Professional Groups 1 to 7, both inclusive.

In any event, the excess amounts, if any, shall be distributed among the workers after three months after the entry into force of this Convention.

2. The companies will use 1.02% of the M.S.B. purged and homogenized to increase directly proportional the total salary, except seniority, of each worker perceived to normal activity by reason of the function or position of job to perform at the Company.

The result of dividing the total annual salary that each worker receives for the number of hours/year established in this Convention as the maximum annual day, shall be the total salary/time (S.H.T.). In any event, the divider shall be the number of hours/year in the Enterprise in question or the worker concerned must perform, if less than the annual maximum agreed time.

B. Year 2011.

Once the M.S.B. concept of 2,010 has been purged, in accordance with paragraphs 2.1, 2.2 and 2.3 of paragraph I, the homogenized M.S.B. shall be increased by 1%.

The agreed increment will be reserved 15% of it, destined for the same concepts as in 2,010.

III. Timetable for implementation.-After the entry into force of this Convention, the undertakings shall carry out the calculation of their gross wage bill within a period of 15 days from the date of entry into force of this Convention. The company shall, in a meeting convened for the purpose by the Directorate, provide in writing the data of its M.S.B. broken down by professional concepts and groups, as well as the distribution resulting from the operations carried out in the Member States. Previous paragraphs. The Workers ' Representatives shall examine the proposal of the Company and, after the relevant negotiation, adjust it to the agreed terms, give their agreement.

In the event of disagreement in the application of this article, it may be possible to use the mediation and arbitration procedures provided for in this Convention.

In those Companies where the legislation does not allow for union elections, data and previous calculations, the workers will be told by exposing it in the bulletin board.

As for the year 2011 and once computed, in case of occurrence, the salary revision of the year 2010, the companies will carry out the calculation of their gross wage bill within thirty days of the wage revision, it is or within 60 days from 31 December 2010, in the event of failure to take place. Then, in a meeting called to the effect by the Directorate, it will be carried out in the same way as for the year 2010.

Article 36. Wage inimplementation.

The parties to this Convention share the need to provide this instrument with an appropriate instrument to ensure that companies with serious difficulties are not obliged to take on commitments for situations of (a) normality, which could aggravate their situation or prevent them from being exceeded. On the other hand, they also agree with the greatest possible clarity under which conditions and with what effect the application of the Convention could be limited, in order to avoid undesirable effects.

1) The agreed wage increase may not be applied when the Company proves objectively and reliably that, after a year of losses in its accounting years, the full application could damage the economic stability of the company. in the light of the forecasts for the current financial year. The use of this non-application clause in companies that have used it for three consecutive or alternate years, within a period of five, will require express authorization from the Joint Commission. Such effects shall be a prerequisite:

(a) Communicate to the Representatives of the Workers and to the Central Joint Committee, their intention to avail themselves of this Article within 30 calendar days of publication in the B.O.E. of the Collective Agreement in the first year of validity or update for the second.

b) To reach agreement on the concrete increase to be applied in the Company with the Representatives of the Workers in the same, or, if not to exist, with the union Federations signers of the convention in its territorial field. The agreement reached shall, for its full validity, be sent to the Joint Committee of the Convention so that it may file it and its faith when it is required to do so.

(c) The negotiation shall have a maximum period of 30 days from the date of the Company's notification to the Workers ' Representatives of their intention to avail themselves of the provisions of this Article.

d) In the event of disagreement, after thirty calendar days of negotiations in the Company, the parties may request the Joint Commission to intervene. If such intervention is requested, the documents referred to in paragraph 2 of this Article must be sent to the Joint Committee, so that the latter may decide within 30 days from the date of receipt of the application referred to above. If, in the opinion of the Commission, the documentation sent is not sufficient to be able to rule, the parties shall be directed to extend or clarify the document. In the event of not conducting an agreement, the Joint Commission will decide to establish the increase in implementation in the Company.

2) The Company's Directorate shall deliver to the Workers ' Representatives, or to the undersigned Trade Union Federations, the following documentation:

-Balances and results accounts of the reference years, with the corresponding audits, if any, and the statements of the corporation tax, that reveal the alleged results for the inapplication, thus as the forecast for the current year. In the absence of such documentation within the time limit provided for in the preceding paragraph, the Company shall provide the provisional data at its disposal, without prejudice to the submission of the final data when it is in its possession.

-Study of the incidence of wages in the overall structure of the company.

The Company will explicitly set out short-and medium-term industrial, commercial, economic and financial forecasts and objectives, as well as the means to achieve such objectives.

3) The agreement reached will expressly define whether any retributive increases should be applied. In any event, the minimum guaranteed wages of the Convention shall be fully implemented in the Company.

4) Except for the salary increase agreed on a different amount from the general of the Convention, or other aspects that may have an impact on economic recovery, the rest of the Convention will be fully implemented in the Company.

5) In the event that the Company subject to the application is part of a group of companies operating at national level and with the same activity, which is subject to the presentation of consolidated annual accounts in the Trade Registry, the Joint Committee of the Convention will analyse that, following this connection, the specific results of the Company in question cannot be distorted by examining, if necessary, the relevant data.

Article 37. Wage revision clause.

In the event that the Consumer Price Index (CPI), established by the National Statistics Institute, was recorded at December 31, 2,010 a deviation from December 31, 2,009, higher or less than 1.2%, an increase set at the time of the signing of the Convention, a salary review shall be carried out, as soon as this circumstance is officially recorded, in the variation on the figure of 1,2% indicated.

If, if applicable, an increase in wages, the same shall be paid with effect from 1 January of 2,010, thus serving as a basis for the calculation of the salary increase for the year 2,011 and to be carried out as a reference the masses used to make the increases agreed to in 2,010.

In the case of the actual CPI at 31 December 2,010, the lower result of the increase fixed in the 2010 Convention, i.e. 1,2%, will not result in a return of wages by the workers, but this will be taken into account for the calculation of the wage increase for 2,011.

For the financial year 2011, the wage revision clause will be applied in the same way as for the year 2010, in the variation, upward or downward, on the figure of 1%, an increase agreed for that year.

Also, the guaranteed minimum wage tables of professional groups, plusses and diets table will be updated, according to the review that occurs.

The mileage will not be reset, but will only be updated in your calculation basis for future increments.

Article 38. Age.

The age plus for the workers affected by this Convention, will remain frozen in its current calculation basis, following its natural evolution the annuities, trienes, quinquenies and other models in force in the sector.

For newly created companies, it will be applied as a reference model for two triennial and five five-year periods, with the following amounts being paid:

Annual model: 31.37 euros/year.

Trienes: 78.43 euros/year.

Quinquenios: 156.86 euros/year.

The above figures are applicable to all Professional Groups.

Article 39. Pluses.

With the exception of mandatory plusses (turnicity, rotation of schedules, nocturnity and penosity), all other pluses are extinguished in their concept and current value, passing their amount to be part of the plus convention.

1. Mandatory plusses, when the circumstances of their perception arise, are compatible with each other.

2. The mandatory plusses which were paid before the entry into force of this Convention will be increased by the agreed percentage, with the amounts of the M.S.B. being purged.

3. Those originating from this Convention shall be calculated on the basis of the following table:

Group 1: 23.98 euros/day.

Group 2: EUR 25.67/day.

Group 3: EUR 27.84/day.

Group 4: 30.92 euros/day.

Group 5: 35.23 euros/day.

Group 6: 41.28 euros/day.

Group 7: 50.13 euros/day.

Group 8: 63.56 euros/day.

and applying the following percentages:

a) Nocturnity: 25%.

b) Penosity: 10%.

c) Turno closed (art. 43): 10% of the Group 3 base cited in this article.

d) Turno continuous (art. 43): 15% of the S.M.G. of the Professional Group 3, to be applied on all groups linearly.

The amounts that are currently being collected for working shifts, even if they have a different denomination, will become part of the plus of tournicity, respecting in any case, those conditions that are more beneficial for the workers who are here.

e) Rotation of schedules (art. 44): 5% of the Group 3 base cited in this article.

4. In application of the rules on the prevention of occupational risks, it is a priority to eliminate toxicity risks. In the event that no such risks have been eliminated in any company and as long as the workers remain exposed to them, they will continue, until their disposal, by perceiving the equivalent of the penalty plus.

5. For the year 2011, the tables shall be increased by the agreed percentage as set out in Article 35.

Article 40. Displacements and diets.

Workers who, because of the need of the Company, have to travel or travel to populations other than those in which they radiate their work center, they will receive, except in the cases in which the Company is establish a more beneficial compensation system, a diet of 18.55 euros when performing a meal outside and overnight at home; 31.73 euros, when they make the two meals outside, overnight at their home, and 63.25 euros, when, in addition of the two meals outside, stay out of your home.

These diets will be fully earned on the day of departure.

The expenses of the company will be charged, which will establish the most suitable means of transport. Workers shall also justify the amount of the expenditure incurred after that.

When the means of locomotion, which are cost to the Company, and the distribution of the timetable allow the worker to make meals at home, they will not be entitled to receive a allowance.

When the worker uses his or her own vehicle, it shall be established, after agreement between the Company and the worker, an amount per kilometre, for which the calculation shall be taken into account, the cost of the factors which In the case of vehicle maintenance, depreciation, accident insurance, etc., taking into account what is established in this respect by the specialised journals in this field, without in any case the quantity per kilometre below EUR 0.30.

Article 41. Incentives.

At the initiative of the Company, the salary supplement may be established either by quantity or by quality of work, consisting of premiums or any other incentives which the worker must receive on the basis of higher quality or greater amount of work, whether or not they are linked to a performance pay system. The introduction or modification of an incentive system in no case may result in the same activity as a loss of the worker's remuneration.

Claims that may arise in connection with the tariffs of these supplements must be submitted to the Workers ' Representatives. If it is not resolved within the Company, the appropriate complaint can be made to the Social Jurisdiction, without the application of the fee to be applied.

For these purposes, the worker will retain, regardless of the returns he achieves with the new values of time, the average of the perceptions that he would have obtained during the twelve weeks prior to the initiation of the test.

If, during the trial period, the worker or workers concerned obtain higher than normal performance, they shall be remunerated in accordance with the rates which, in anticipation of such an event, would be established, (a) to be remunerated with the total amounts to be charged for such a concept of performance increase, after the corresponding tariffs have been approved.

In the event that the rates referred to in the preceding two paragraphs are not definitively established, the higher activity shall be paid in proportion to that which exceeds normal activity.

The time and performance review will be performed by any of the following facts:

1. For a reform of methods, means or procedures.

2. Where the calculation or measurement was in a manifest and undoubted manner.

3. If at work there has been a change in the number of workers or some other change in the conditions of the worker.

4. By agreement between the Company and the Workers ' Representatives.

If, because of the introduction of a performance system and incentives of one or more sections that make up the manufacturing, someone would have to perform a higher quantity or quality of work than the normal activity of his/her workload per hour, you will need to receive an increase on your normal salary or activity.

Companies will have to establish a remuneration system with incentive to indirect labour, when it is established for the direct labour force, if this is determined by the indirect labour force to be carried out. a higher amount of work than the normal activity of your workload per hour.

If any of the workers paid to leave or premium, do not give the performance due to causes attributable to the Company, in spite of applying necessary techniques, activity and diligence, it will be entitled to the salary that is (a) whether or not it has been provided for the remuneration to be paid to normal or normal activity in unmeasured work.

If the motivating causes of the decrease in performance were accidental or not extended to the whole day, the worker should be compensated only for the duration of the decrease.

When, for reasons well proven, not attributable to neglect or negligence of the Company, but independent of the will of the worker (lack of current, breakdown in the machines, waiting for motive power, materials, etc.), The worker must be suspended, the workers will be paid the perception corresponding to the normal performance.

In both cases, to accredit these rights, it will be indispensable to have remained in the workplace.

In changes in the workplace, when the worker has a part of his or her remuneration in the form of a commission, incentives, objectives, etc., it will require that the variable pay be adjusted to the of the new centre, without prejudice to its remuneration for the same activity and performance.

CHAPTER VII

Workday

Schedule, shift work, schedule rotation, overtime, vacation, time reductions for personal situations, and truancy correction

Article 42. Working day. Work schedule.

Workers affected by this Convention will have a maximum annual working day of 1,720 working hours for the years 2,010 and 2,011.

The maximum annual working day may be relaxed or adapted according to the business needs of the company. The practical implementation at the working-level of this flexibility or adaptation will be carried out in agreement with the workers ' representatives or with the workers themselves where there are no representatives of the workers, always within the the limits established by the legislation in force.

Likewise, the workers affected by this agreement will have the right to adapt the duration and distribution of the working day to make their right to the reconciliation of personal, family and work life effective. establish, in the departments, divisions or centres where possible, a flexible entry and exit schedule. For its completion, the worker's request and the existence of an express agreement with the Company will be necessary.

Within one month, starting from the publication of the official calendar in the "Official State Gazette" or Official Bolletins, which in each case correspond, the companies will point out with the intervention of the representatives of the Workers, the work schedule for the following year.

This schedule should include schedules, national, regional and local parties as well as the time slot where rotating shifts are available and the period within which vacation dates will be set, as well as the breaks. The work schedule will be exposed throughout the year.

In the preparation of the annual calendar, an irregular distribution of the day can be established by mutual agreement, so that in certain periods of the year the ordinary day can be more than 9 hours a day.

For the collective of workers who have the task of selling products in establishments (department stores or the like) other than the Company, the maximum day will be distributed in such a way that of the official parties that in each case correspond, it is possible to enjoy, at least, four working days, prior to agreement with the Company on the dates of enjoyment of the same.

If the company's calendar provides for a number of working days not worked above the 4 referred to in the preceding paragraph, for those who exceed them, the company will address requests for dates requested whenever The needs of the service allow, two people have not been asked to do the same in different shifts and do not coincide with the days of increased commercial activity.

In the event of departure, the rest period for food, with the exception of the agreement with the worker and with the intervention of the Workers ' Representatives, may not exceed two hours.

For work needs and to be able to react more flexibly to market demands, the Company may change the distribution of up to 60 hours per year, which will always be freely available to the company, in a or a section of the same or a given worker, measuring a three-day notice to the Workers ' Representatives and to the employees themselves, according to the following regulation:

Use: Flexibility may be used in advance of starting or delaying the end of the ordinary day by a maximum of two hours, or may be used, in part, for a maximum of five Saturdays or days of free trade year, in companies or departments in which shifts are worked (40 hours per year). The needs of the service will be met as far as possible with voluntary staff (up to the 60-hour limit) and in the event that there is no voluntary staff, the appointment of employees to work will be carried out by part of the company using criteria of rotation and knowledge of the position.

The use of the hours of flexibility on Saturdays or days of bookkeeping above the five agreed upon, will require the agreement with the representation of the workers.

Compensation: Compensation for the use of the hours of flexibility on Saturdays or days of book shall be mixed, at a rate of 1.25 hours for each hour worked so that one hour shall be compensated by paid rest and 0,25 shall be compensated in cash. The time of rest shall be fixed, if possible, within the following three months by agreement between the worker and the undertaking, while respecting the needs of the service.

In the event that the company makes use of the fifth Saturday or day of release, and no agreement is reached between both parties on the date of the enjoyment of the break, the worker's choice will prevail.

In order to achieve the effective fulfillment of the annual day and its daily application, in those sections, departments and areas of work, which for organizational reasons, certain workers will have to prolong their On the initiative of the Company and with the express authorization of the Company, this and the workers affected by common agreement shall regulate the rules, limits and forms of compensation and their use.

Any modification that would exceed this agreed upon will result in the application of the provisions of Article 41 of the E.T., with application of the provisions of Chapter XVII of this Convention for mediation and arbitration.

Rest time (snack) will be considered effective working time, where it is established by agreement or express agreement.

Article 43. Shift work.

It is understood by "continuous process", that of the work that, due to technical or organizational needs, takes place 24 hours a day, during the 365 days of the year, although it will eventually be stopped for repairs, maintenance or any other reason other than workers.

It is understood by "closed shift", the one in which the work is developed during the 24 hours of the day, from Monday to Friday, resting Saturdays, Sundays and holidays.

The worker who occupies a job in the above mentioned above, unless he or she is unable to express, must communicate in advance, any incident (absence, delay, etc.) affecting the relay system of his/her post. and, failing that, confirm this as soon as possible, even if you have started the appropriate day. In the event that the absence of the relay is known to the Company 24 hours in advance, it will be obliged to replace the outgoing one at the end of its day. Companies for these purposes will adjust the modification of the schedules (quadrants) of the workers concerned. The modification that produces such a substitution will be the necessary in time and change of quadrants.

When no substitute is found, in the absence of an unforeseen absence, the worker's position may be required to be relieved with the 4-hour limit.

For the fertilizer of the corresponding plusses, the provisions of Article 39 of this Convention shall be provided.

In order to reconcile personal, family and work life, in the case of companies that have a shift work system in place, and two workers are interested in exchanging the shift in which they are (a) the voluntary membership of a given shift shall be encouraged provided that the circumstances of the worker's work, professional group and professional qualifications permit it.

Article 44. Time rotations.

As from the date of signature of this Convention, where a system of rotation between two hours is introduced in the working arrangements, the undertakings concerned must compensate the employees affected by that rotation with a rotation of schedules in the amount set out in Article 39 of the Convention (Pluses).

This plus will be paid except that, within the framework of the Company, the rotation of schedules is already integrated and contemplated in another wage concept or that the salary has been established taking into account that the work is rotating by its own nature or have agreed with the worker additional compensation for this work system. In no case will it be cumulative to the conditions that are agreed upon by this concept, regardless of the denomination it has.

Article 45. Overtime.

In the face of the existing unemployment situation and in order to promote a social solidarity policy that favours job creation, the limitation of overtime is agreed.

Also, in order to give all its value to the above criterion, in each Company will be analyzed jointly between the Representatives of the Workers and the Company, the possibility of making new hires within the arrangements in place, in place of overtime.

In the light of the above mentioned employment objective and the experience of our European environment in this field, the organisations which are signatories to this Convention urge their representatives to make up for all the extra rest. If a method is not specified in the Company, the option between economic compensation or rest shall correspond to the worker, with the criteria and limitations outlined in the last paragraph of this article.

Also for different types of overtime, the following is agreed:

a) Extraordinary hours of force majeure: its realization is agreed upon in the following assumptions.

-Those that are required by the need to repair claims and other extraordinary and urgent damages.

-Other analogs whose failure to make any obvious and serious damage to the Company itself or to third parties.

-In case of risk of loss of raw materials.

b) The maintenance, in the event of not being foreseeable and replaceable by employment, is agreed upon for overtime corresponding to the following assumptions:

-Those required by orders or peak periods of production, when these are unforeseeable or non-performing, produce serious material or customer losses, and this is evident.

-Unanticipated absences.

-On-going and/or stops.

-Shift changes.

-Maintenance, where the use of the various forms of temporary or partial procurement provided for by the Law does not apply, and its failure to carry out the loss or deterioration of production, and in the event that its failure to perform the failure to repair faults or to ensure the proper implementation of the production.

The overtime in any case, by its nature, will be voluntary, in accordance with the Law, except those whose failure to produce the Company will cause serious damage or impede the continuity of production, and the other cases of force majeure referred to in paragraph (a) of this Article.

The Company's Management will report monthly to the Workers ' Representatives on the number of overtime hours, specifying the causes and, where appropriate, the distribution by sections. In addition to this information and the above criteria, the Company and the Workers ' Representatives will determine the nature and nature of the overtime, depending on what is agreed in this Convention.

Discrepancies may be subject to the mediation and/or arbitration procedures provided for in this Convention.

The realizations of overtime, as provided for in Article 35.5 of the Staff Regulations, shall be recorded on a daily basis, and shall be aggregated in the period laid down for the payment of remuneration, giving a copy of the summary to the worker on the corresponding receipt.

Monthly shall be notified to the Employment Authority jointly by the Company and the Representatives of the Workers, if any, the overtime hours performed with the corresponding qualification for the purpose of fulfilling to the provisions of the current regulations on social security contributions.

Extraordinary hours shall be considered to exceed the hours exceeding the day laid down in accordance with Article 37 of the Collective Agreement. They shall be compensated preferably for rest at a rate of 1.25 hours for each extraordinary hour carried out, being cumulable to whole days. The Company will agree with the worker on the specific dates for the enjoyment of the corresponding rest. Overtime compensated by rest, within four months of its completion, shall not be taken into account for the purposes of the maximum annual ceiling laid down in Article 35.2 of the Staff Regulations. If it is not possible, for organizational reasons, the compensation for rest, shall be paid at the rate of 1.50 on the value of the ordinary hour for each extraordinary hour, except as expressed in the Company. In no case shall more than 60 overtime per year be economically compensated.

Article 46. Holidays.

The paid annual leave scheme of the staff affected by this Convention shall be 30 calendar days for all workers.

When the holiday period fixed in the company's calendar coincides in time with a temporary disability arising from pregnancy, childbirth or natural lactation or with the period of suspension of the contract arising from the (i) the right to take a holiday on a date other than that of such situations, immediately after the end of the period of suspension, even if the calendar year has ended.

When the holiday period fixed in the company calendar coincides in time with a temporary incapacity to come before the date of the assigned holiday, the worker will have the right to enjoy the holidays. same on a different date.

From this vacation, at least, fifteen calendar days will have to be enjoyed uninterruptedly between the months of June to September.

Annual vacation may not be compensated in cash.

Workers who on the date determined for the enjoyment of the annual vacation would not have completed an effective year in the Company's template, will enjoy a number of days proportional to the time of services provided.

In the event of the closure of the working centre for holidays, the Directorate of the Company shall record the personnel who during that period have to carry out necessary works, maintenance and repair tasks, in particular concerning interested parties the most convenient way of their annual vacation.

Companies may exclude as a holiday period the one that coincides with the Company's highest seasonal productive activity, after consultation with the Workers ' Representatives.

The holiday distribution table will be displayed at least three months in advance, in the bulletin boards, for staff knowledge. Such distribution, in accordance with the different shifts in the enjoyment of the holidays, may not be expected to exceed, in practice, the maximum working day or to reduce the working time. In any case, the agreements which exist in each company shall be respected.

For the payment of the holiday period, the same regime established in the Companies for the payment of assets will be followed in the non-holiday period, although the workers will be entitled to receive advances on account, without these may exceed 90 per 100 of the corresponding salary.

The vacation will be paid according to the average earned by the worker for all the concepts in normal working time, in the three months prior to the date of initiation of the same.

Temporary incapacity: Companies, where there is a temporary disability situation during the holiday period, and in the event that it is not interrupted and only during that period, they will complement, in cases referred to in Article 49, up to 100 per 100 of the salary to be paid by the worker in that period, the economic benefits of temporary incapacity.

The staff with the right to leave in the course of the year will be entitled to the proportional portion of the vacation, according to the number of months worked, and the fraction of the same is completed as a whole month. In the event of the worker's death, this amount shall be met by his or her rightholders.

Staff in turn may begin to enjoy their vacation, at the end of their regular rest period.

Article 47. Reduction of working time for family reasons.

Who for reasons of legal guardian have to their direct care some under eight years or a person with physical, mental or sensory disability, who does not perform a paid activity, will be entitled to a reduction of their working day ordinary work, with the proportional reduction of the salary between at least one eighth and a maximum of half the duration of that.

It will have the same right to care for the direct care of a family member, up to the second degree of consanguinity or affinity, that for reasons of age, accident or illness cannot be used by himself, crediting this circumstance, and that it does not carry out paid activity.

In those dependencies, sections or productive or commercial units in which they coincide in the time and/or in the hours of reduction of working hours several workers, preserving in any case the right to such reduction, establish, by procuring the agreement with and between them and taking into account the concurrent circumstances, such as leaving the service needs covered.

Article 48. Reduction or reordering of day by victim of gender-based violence.

The person who is the victim of gender-based violence, duly accredited by the corresponding protection order or, while it is being issued, with the necessary formal request for the adoption of a protection order, shall be entitled, to to make effective their protection or their right to integral social assistance, to the reduction of the day with a proportional reduction of the salary or to the reordering of the working time, through the adaptation of the schedule, of the application of the timetable flexible or other forms of time management that are used in the enterprise. The exercise of these rights shall be agreed and specified between the person concerned and the management of the Company. This reduction or rearrangement of working time shall take effect for as long as the circumstances have led to it. Only if the person so requests can be assisted by the legal representation of the workers.

Article 49. Temporary Disability Supplement.

Companies will supplement the benefits of Social Security and Accident Mutuals, up to 100 per 100 of the real wage, in the cases of accidents at work, occupational disease, hospital admission, to the less, 24 hours and maternity.

Article 50. Correction of absenteeism.

The parties to this agreement recognize the serious problem that the absenteeism poses to our society and understand that its reduction implies, both an increase in the presence of the worker in the workplace and the the correct organisation of Enterprise and Social Security medicine, together with appropriate safety, hygiene and working conditions, in order to ensure effective protection of the physical and mental health of workers.

In the same way, the parties are aware of the serious breach that in the economy produces absenteeism when certain levels are exceeded, as well as the need to reduce it, given its negative impact on productivity.

To properly achieve these goals agree:

1) Do everything possible to suppress absenteeism due to causes related to the work environment in order to an effective improvement of working conditions, taking into account the regulations of the O.I.T.

2) Workers ' Representatives shall be consulted in all decisions relating to technology, organisation of work and use of raw materials having an impact on physical and/or mental health of the worker.

3) By quantifying and cataloging the causes of absenteeism, they will not be computable for the purpose of such quantification prior and duly justified absences, within the legal framework in the following cases:

-Marriage.

-Child birth, severe illness or accident, surgical intervention or death of relatives up to the second degree of consanguinity or affinity, the relationship derived from the fact couple being treated as duly accredited by their registration in the relevant public register.

-Regular home transfer.

-For the time indispensable for the fulfillment of a duty of public and personal nature.

-Realization of union functions or representation of personnel in legal or conventionally established terms.

-The breastfeeding permissions of a child under the age of nine months.

-Absences from hospital admission of at least 24 hours.

-Absences due to an occupational accident.

-Absence or lack of punctuality to work, previously communicated to the company, motivated by the physical or psychological situation arising from gender-based violence, when the social services of care are determined or health services, and is credited with the protection order in favor of the victim.

-The absences caused by the suspension of the activity in the event of an accident risk when it is decreed by the Labour Authority or the Company's Directorate decides, whether or not it is at the request of the representatives of the Workers.

-Suspension of the maternity and/or paternity work contract.

-The other cases of suspension of the work contract for legally established causes, except temporary incapacity.

4) To reduce unjustified absenteeism (understanding as such the temporary incapacity according to the previous heading and the unjustifiable lack), the first low IT to occur when the individual number of absenteeism The worker concerned shall no longer receive the temporary incapacity supplement if he/she has taken it on to the day/hour to work during the period of three calendar months. Such computation shall be carried out on a quarterly basis.

From the second low by IT, inclusive, and when the individual number of absenteeism exceeds 2 per 100 of the day/hour to work during the three calendar month period, the affected worker will no longer receive the supplement Temporary Incapacity. In the application of this paragraph, the Company shall take into account the historical evolution of absenteeism of the affected worker.

5) The fate of the amount of these funds will be decided with the participation of the Workers ' Representatives.

6) In this chapter, both sides will be governed by the basic criterion of seeking to reduce the causes that generate it and focus on those in which, a realistic and negotiating action, can achieve its reduction in the short and medium term.

CHAPTER VIII

Licenses and Exceeds

Article 51. Licenses.

The worker, advising on the possible advance and providing, in any case, the corresponding supporting document, may be absent from the work entitled to remuneration, for any of the reasons and for the time that follows exposes:

1) Fifteen calendar days in case of marriage.

2) Two working days per child birth. When the worker needs to make a shift to the effect, the permit will be enjoyed as follows: two days per shift up to 100 km, three up to 200 and four for more than 200 km.

License applications that cause the same cause and person cause cannot be accumulated and therefore be requested for the various scenarios referred to in this section.

3) Two calendar days in the event of an accident or serious illness diagnosed by the Public Health Services, surgical intervention without hospitalization requiring a minimum of 24 hours or a stay at home death of relatives up to second degree of consanguinity or affinity.

In the case of hospitalization, the worker shall inform the company of the dates on which, consecutively or not, the days of paid leave shall be used for the duration of the aforementioned event. In any case, at the time of the enjoyment of this license, the person who gave rise to the same remains must be justified.

The above two days may be extended to four days when you measure travel to effect. In this case and for the purposes of the licence days to be granted, the following shall be taken into account: two days per displacement up to 100 km, three to 200 and four for more than 200 km.

However, when the death of a first-degree relative of consanguinity occurs in another country, the paid leave will be extended to six days.

License applications that cause the same cause and person cause cannot be accumulated and therefore be requested for the various scenarios referred to in this section.

4) A natural day in the case of marriage of children, parents or siblings on the date of the celebration of the ceremony.

5) During a business day by moving from his usual address, mediating justification of the causative event.

6) For the time indispensable for the fulfillment of an inexcusable duty of public and personal character. Where a legal or conventional standard is set out, a given period shall be the same as the duration of the absence and the economic compensation.

7) For the time established to enjoy general educational and vocational training rights in the cases and in the form regulated in the legislation in force.

8) For the time required to carry out prenatal tests and preparation techniques for delivery to be carried out within the working day. The parent, upon application to the undertaking, may access an unpaid leave to accompany the woman to such prenatal examinations and birth preparation techniques.

9) For the time required, duly justified by the Public Health Services, to accompany the emergency service to a first-degree relative of consanguinity.

10) In the case of the birth of premature children or who for some cause must remain hospitalized following the birth, the mother or father shall be entitled to leave the job for an hour. This license shall be incompatible with the enjoyment of any other permit or license that the worker, male or female, has or may have granted.

As to the assumptions made in numbers one to three, in duly accredited extraordinary cases, such licences shall be granted for as long as necessary under the circumstances, the conditions of granting and being able to remember the non-perception of haberes.

For the purposes of the granting of the licenses and other benefits described above, derived from a marital relationship, the couples in fact, legally registered or accredited, will be equated, understood as such condition by the presentation of the certificate of the Register of Unions in fact or, if it does not exist, by the contribution of an affidavit in which the condition of the couple in fact is made of the person causing the permit, accompanied by a co-existence certification from the relevant City Council.

It is attached as Annex II table where the degrees of affinity and consanguinity are collected.

Article 52. Medical office assistance.

When, for reasons of illness of the worker, this requires the assistance to a doctor's office in hours coinciding with those of his working day, the companies will grant, without loss of pay, the necessary permission for the time It must be justified by the fact that it has the corresponding flyer for the optional, whether or not it is Social Security, in which the time of entry and exit of the medical consultation is recorded, and the time of entry can be justified. by means of a timely citation.

Permission to accompany health care services of children under eight years of age and of first degree of consanguinity that cannot be used by themselves will be granted. In these cases, as a result of unpaid leave, the worker and the Company may establish hourly compensation mechanisms.

Article 53. Breastfeeding.

Workers, who are breastfeeding for a child under the age of nine months, will be entitled to an hour of absence from work, which may be divided into two fractions. The duration of the permit will be increased proportionally in multiple birth cases.

The woman, by her will, will be able to substitute this right for a reduction of the day in half an hour for the same purpose or to accumulate the hour of the daily absence in complete days in the terms previewed in the agreement to arrive with the employer.

This permit may be enjoyed interchangeably by the parent or parent in case both work.

Article 54. Unpaid leave.

You will be able to apply for unpaid leave, with a maximum duration of three months, workers who have passed the trial period, will take the Company's service for more than six months. The companies will resolve the requests made in this respect, except that the granting of licenses will seriously affect the production process or will be found enjoying this right a number of workers equivalent to 2% of the establishment plan, or a worker in work centers of less than 50 workers.

To be entitled to a new license, at least two full years must elapse from the date of termination of the previous one.

The worker will have the right to enjoy, on one or more permits, up to four days a year at most, with the character of unpaid, under the following conditions: to be requested at least 7 days in advance, not to join them For holidays or "bridges" and if the application is less than the four days indicated, they will not be able to be joined at the end of the week. Companies will resolve the requests made to them in this respect, except that the concession will seriously affect the work process.

When the unpaid leave is requested for the passing of third-degree family member, it shall be granted for the time required.

Article 55. Excess.

I. Leave of absence to the reserve of job.

Workers with one year of service may apply for voluntary leave for a minimum period of four months and no longer than five years, not for the duration of this situation to any effect. In no case can it be produced in fixed-term contracts.

Requests for excess will be resolved by the Company, within a maximum of one month.

The surplus worker retains only a preferential right to reentry in the vacancies of equal or similar professional group to his. Where the worker so requests, the re-entry shall be conditional on the vacancy in his or her professional category or group. If there is no vacancy in the professional category or group, and if at the bottom, the surplus may choose to occupy this place with the corresponding salary until a vacancy occurs in its category or professional group, or reenter until such vacancy occurs. In any case the Company will be obliged to reply in writing to the worker's request for re-entry.

The worker who does not apply for re-entry one month before the termination of his or her excess will cause a definitive discharge in the Company. In order to benefit from other voluntary leave, the worker must cover a further period of at least four years of effective service in the Company.

II. Leave of absence with job reserve.

Workers shall be entitled to a period of leave of absence, not exceeding three years, in order to care for the care of each child, whether by nature or by adoption or in the case of a permanent seat. as a pre-adopter, from the date of birth or, where appropriate, from the judicial or administrative decision.

A worker may be granted leave of up to a maximum of two years, in order to take care of a family member, up to the second degree of consanguinity or affinity, which for reasons of age, accident, disability or illness it cannot be used by itself, and does not carry out paid activity and the causative person is living with the worker or not.

The excess referred to in this paragraph II, the period of which may be enjoyed in a fractionated manner, constitutes an individual right of workers, men and women. However, if two or more employees of the same undertaking generate this right by the same deceased person, the employer may limit his or her simultaneous exercise for justified reasons of operation of the undertaking.

When a new deceased person is entitled to a new period of leave, the start of the period shall end to the one who, where appropriate, has been enjoying himself.

The period in which the worker remains in a situation of leave in accordance with the provisions of this Article shall be computable for the purposes of seniority and the worker shall be entitled to attend vocational training courses, whose participation is to be convened by the Company's Directorate, in particular on the occasion of its reinstatement.

During the first year you will be entitled to the reservation of your job. After that period, the reserve shall be referred to a post of the same professional group. The right to automatic re-entry will be lost if paid employment on a self-employed or regular account is carried out during the leave.

The worker who does not apply for re-entry one month before the termination of his or her leave will cause the Company to be permanently low.

III. Special excess.

It will result in the situation of special staff surplus, any of the following causes:

(a) Nomination for public office, where its exercise is incompatible with the provision of services in the Company. If discrepancies arise in this respect, the Competent Jurisdiction shall decide. The excess shall be prolonged for the duration of the charge determined by the person and shall grant the right to occupy the same place as the worker performed at the time of such situation, and the time spent in that situation as an asset to all the effects. The re-entry must be requested within the month following that of his or her cessation of public office.

(b) Sickness, after the time of the temporary incapacity for a period of absence and during the period in which the worker receives the temporary invalidity benefit from the Social Security.

Article 56. Suspension of the contract with the reserve of the job.

(a) In the course of delivery, the suspension will last for sixteen uninterrupted weeks, which can be extended in the case of multiple births in two more weeks for each child from the second. The period of suspension shall be distributed to the person concerned, provided that six weeks are immediately after delivery. In the event of the death of the mother, the father may make use of the whole or, where appropriate, the portion of the suspension period, computed from the date of delivery and without the mother having been unable to neglect the part of the mother enjoy prior to delivery.

However, and without prejudice to the immediate six weeks after the birth of compulsory rest for the mother, in the event that the mother and father work, that at the beginning of the rest period, maternity, may choose to allow the father to enjoy a certain and uninterrupted part of the post-birth rest period either simultaneously or in succession with that of the mother, unless at the time of their effectiveness the incorporation into the Mother's work poses a risk to your health.

In the case of adoption and acceptance, both preadoptive and permanent, of minors up to six years, the suspension will last for sixteen weeks uninterrupted, extended in the event of adoption or acceptance. (a) multiple in two weeks more for each child from the second, counted on the choice of the worker, either on the basis of the administrative or judicial decision of the host, or on the basis of the judicial decision making the adoption, without that in no case can the same minor be entitled to several periods of suspension. The duration of the suspension shall also be sixteen weeks in the case of adoption or acceptance of minors who are older than six years of age in the case of minors with disabilities or the disabled or because of their circumstances and personal experience or that, as a result of coming from abroad, they have special social and family integration difficulties duly accredited by the competent social services. In the event that the parent and the parent work, the period of suspension shall be distributed at the option of the persons concerned, who may enjoy it simultaneously or in succession, always with periods uninterrupted and with the limits indicated.

In cases of simultaneous enjoyment of rest periods, the sum of rest periods shall not exceed the sixteen weeks provided for in the preceding paragraphs or those corresponding to multiple births.

In the case of the disability of the child or of the adopted or the child, the suspension of the contract referred to in this article shall be of an additional duration of two weeks. In the event that the parent and the parent work, this additional period of suspension will be distributed to the interested parties, who will be able to enjoy it simultaneously or successively and always on an uninterrupted basis.

The periods referred to in this Article may be enjoyed on a full-time or part-time basis, subject to agreement between the Company and the workers concerned, on the terms which it regulates determine.

In cases of international adoption, where the parents ' prior travel to the country of origin of the adoptee is necessary, the period of suspension, provided for in each case in this Article, may be initiated until four weeks before the decision on which the adoption is constituted.

(b) The person duly accredited as a victim of gender-based violence shall be entitled to the suspension of the contract for a period of six months, unless the actions of judicial protection result in the effectiveness of the contract. The right of protection of the victim requires the continuity of the suspension. In this case, the judge may extend the suspension for periods of three months, with a maximum of eighteen months.

(c) The parent shall be entitled to the suspension of the contract for 13 uninterrupted days in the case of child birth, adoption or reception, both pre-adopted and permanent, of children up to six years of age, or of minors age over six years of age in the case of disabled or disabled children, or because of their personal circumstances and experiences, or because they have special difficulties in social and family integration accredited by the competent social services.

This period will be extended in the event of birth, adoption, or multiple acceptance in two more days for each child from the second.

CHAPTER IX

Disciplinary regime

Article 57. Regime of faults and sanctions.

Workers may be sanctioned by the Business Directorate, in accordance with the graduation of the faults and penalties provided for in the following articles.

Article 58. Graduation from fouls.

Any failure committed by a worker shall be classified, taking into account its importance, significance and intention, in light, severe or very serious.

Article 59. Minor fouls.

The following are considered minor faults:

1. The lack of punctuality, three in one month, in the attendance at work, with a delay of less than thirty minutes in the time of entry.

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

3. The abandonment of service without cause founded, even if for short time. If, as a result of the case, any consideration is given to the Company or to the cause of an accident to his or her colleagues, this fault may be considered to be serious or very serious, as the case may be.

4. Small neglects in the preservation of the material.

5. Lack of grooming and personal cleansing, where such, that may affect the production process of the Company.

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

7. Do not communicate to the Company changes of residence or domicile.

8. Discussions on matters not related to work within the Company's premises. If such discussions produce a notorious scandal, they may be considered as serious or very serious misconduct.

9. Missing work one day per month without cause for justification.

10. Those that are non-compliance with the regulations on the prevention of occupational risks and the internal rules of the Company in this respect, provided that they are of serious importance for the physical integrity or the health or of the rest of the workers.

11. Smoking in the workplace, in application of the legislation in force.

Article 60. Serious fouls.

The following are considered to be serious faults:

1. More than three unjustifiable faults of punctuality, greater than five minutes, in attendance at work in a period of thirty days.

2. Absence without cause, for two days for a period of 30 days.

3. Do not communicate with due punctuality, changes experienced in the family, that may affect Social Security. The lack of this data is considered to be very serious.

4. Give yourself to games or distractions at work hours.

5. The simulation of illness or accident.

6. Disobedience to his superiors in any matter of work. If it involves a manifest breach of the discipline, or if it is caused to the Company, it may be considered to be very serious.

7. Simulate the presence of another worker, by signing, answering, or signing by.

8. Neglect or neglect at work, affecting the good running of the service.

9. The recklessness in the act of work. If there is a risk of accident to the worker, to his or her companions or danger of damage to the facilities, it may be considered to be very serious.

10. Perform, without the appropriate permission, particular works during the day.

11. Use Enterprise tools and work equipment for own uses.

12. The drunkenness out of act of service wearing the uniform of the Company, provided that it can be identified by the Company.

13. Those who have failed to comply with the rules on the prevention of occupational risks and the internal rules of the Company in this respect, provided that they create a serious risk to the physical integrity or to the health or the rest of the workers, in particular on individual protection measures.

14. The recidivism in a slight lack (excluding the punctuality), even if it is of different nature, within a trimester and having mediated written communication.

Article 61. Very serious fouls.

The following are considered to be very serious:

1. More than ten non-justified faults in punctuality, exceeding five minutes committed over a period of six months or twenty for one year.

2. Fraud, disloyalty or breach of trust in the efforts entrusted to them. Theft or theft, both to the Company and to the co-workers or any other person within the Company's premises or during work anywhere else.

3. Make the company disappear, disable, destroy or cause damage in the company's first materials, tools, tools, machinery, appliances, installations, buildings, articles and documents.

4. The conviction for the offence of theft, theft or embezzlement, committed outside the Company, or any other kind of facts which may involve the company, distrust of its author, and, in any case, the duration of more than six years, dictated by the Courts of Justice.

5. The continued and usual lack of grooming and cleanliness, such as this, that produces justified complaints from colleagues.

6. The usual drunkenness, unless the worker has put the necessary means, by appropriate treatment through the medical or public psychological services that certify him, to normalize both his health and his working life.

7. Violate the secret of the correspondence or reserved documents of the Company or disclose required reservation data to elements other than the same.

8. Ill-treatment of word or deed, abuse of authority or lack of respect and consideration for bosses or their family members, as well as colleagues and subordinates.

9. Causing serious accidents through negligence or recklessness.

10. Abandon the job in a position of responsibility.

11. The voluntary and continuous decrease in the normal performance of the work, provided that it is not motivated by the exercise of any law recognized by the laws.

12. He causes frequent squabbles and pendences with co-workers.

13. The abuse of authority by the bosses and sexual harassment will always be considered to be very serious. He who will suffer it will immediately put him in the knowledge of the Directorate of the Company or the Representatives of the Workers. The opening of an adversarial file shall take place on the basis of the complaint lodged.

14. The recidivism in a serious fault, even if it is of a different nature, provided that it is committed within six months of the first occurrence.

15. Smoking in places where there is a special risk, duly signposted, and where products or combustible and/or flammable products or substances with explosion or fire risks are stored, transferred or developed.

16. Actions or omissions that result in breaches of the Company's internal rules, procedures or instructions, in application of the regulations on the prevention of occupational risks, resulting in a certain and imminent risk to the integrity (a) physical or health or other workers ' health, as well as for the facilities, machinery and premises of the undertaking.

Article 62. Sanctions regime.

It is for the Company, the power to impose sanctions in the terms of the provisions of this Convention.

The sanction of minor and serious faults, will require written communication, motivated to the worker and that of the very serious faults, will require processing of file or summary procedure in which the worker concerned is heard.

The requirement for a file or summary procedure shall be understood with the written communication to the worker in which the charges are imposed and the time limit of three working days is granted to him, so that he may present the corresponding discarding specifications.

In any event, the Company shall give written account to the Representatives of the Workers in their case, and on the same day as the affected person, of any sanction or file.

Article 63. Maximum penalties.

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

(a) For minor faults.-Verbal, written and suspension of employment and salary up to two days.

b) For serious faults. -Suspension of employment and salary of three to fifteen days.

(c) For very serious faults. -From the suspension of employment and salary of sixteen to sixty days, until the termination of the contract of employment, in the cases where the fault is qualified to a maximum degree.

Article 64. Prescription.

The faculty of the Company to sanction, shall prescribe for minor faults, at ten days, for serious faults within twenty days, and for very serious ones, at sixty days from the date on which that knowledge of his commission, and in any case within six months of having been committed.

CHAPTER X

Safety and health care

Environment

Article 65. Safety and occupational health.

The application of the Law on the Prevention of Occupational Risks, as well as its provisions for development or complementary and other rules concerning the adoption of preventive measures in the field of work, pursues not only the Management of the obligations and responsibilities of actors immediately related to the work done, but to foster a new culture of prevention and a new way of acting in front of it.

Therefore, the protection of workers ' health is a basic and priority objective of the signatory parties and they consider that to achieve this, the establishment and planning of preventive action in the (a) the work centres and undertakings which have at last the disposal or reduction of the risks at their origin, on the basis of their assessment, taking the necessary measures, both in the correction of the existing situation and in the technical and Business organization, to adapt the work to the person and protect their health.

In all matters affecting safety and health at work, Law 31/1.995 of 8 November, Prevention of Occupational Risks, its regulatory development standards and other regulations will apply. concordant. The provisions of a working nature contained in that Law, as well as the regulatory rules which are laid down for its development, have the character of minimum necessary law unavailable, as far as is expressly not provided for in this chapter, shall be fully applicable.

In the event that the aforementioned regulations are subject to modification by subsequent provisions, the parties to the present Convention undertake to adapt the content of this article.

Workers have the right to effective protection in the area of safety and health at work, which implies the existence of the employer's duty to protect workers from occupational risks. Similarly, workers are obliged to observe in their work the legal and regulatory measures of occupational safety and health, as well as the rules, procedures or instructions that companies dictate in compliance and development.

The achievement of this right of protection will be sought through the adoption by the employer, guarantor of the safety and health of the workers, of the necessary measures for the implementation of the plan of prevention of occupational risks, in terms of risk assessment, information, consultation, participation and training of workers, action in cases of emergency and serious and imminent risk, health surveillance and the organisation of a service own or foreign prevention.

For these purposes, both parties agree to address the application of the above paragraph in line with the following general criteria and statements.

1. General Principles.

1.1 Of the preventive action. The preventive action will be inspired by the following principles:

I. Avoid and combat risks at source.

II. Evaluate those that cannot be avoided, taking into account the evolution of the technique.

III. Replace what is dangerous with what is less or less dangerous.

IV. Put collective prevention before the individual, using individual protective equipment only when it is not possible to avoid risks by acting on their causes.

V. Plan prevention, in all its modalities, including the assessment of psychosocial risks.

VI. Adapt the work to the individual, in particular with regard to the design of the jobs.

VII. The prevention of occupational risks must be integrated into the general management system of the Company.

1.2 Prevention Services. -In compliance with the duty of prevention of occupational risks, the employer shall designate one or more workers to deal with such activity. this service with a specialized and accredited entity other than the Company. The representation of workers will be reported on the choice of the non-concerted prevention services, among which the Mutual Working and Occupational Diseases Mutuals may be found, or from those of the top level contracted in the case of having its own prevention service. In enterprises of less than 6 employees, the employer may take the duties of the preventive services in person, provided that he has the necessary capacity.

Prevention services should provide the Company, the workers and their representatives and the specialised representation bodies with the advice and support that is needed in the light of existing risks, and in relationship to:

* Manual of Self-Protection, the purpose of which is to provide for the actions to be carried out before the different emergency situations, understood by such, those that could endanger the people, to the facilities or to the environment.

* The planning of preventive activities and the determination of priorities in the adoption of preventive measures.

* Annual memory and programming of prevention services.

* The design, application, and coordination of prevention plans and programs.

* The assessment of risk factors, including the assessment of psychosocial risks.

* Information and training of workers.

* Organization and training for first aid delivery and emergency plans.

* The monitoring of workers ' health.

A monitoring of occupational health and safety will also be carried out, with the corresponding information to the Committee on Safety and Health, if any, of the workers who carry out their activities outside the centre of the job.

This is without prejudice to the provisions of Royal Decree 39/1.997 of 17 January, which adopted the Prevention Services Regulation.

1.3 Environment for work.-The threshold limit values which, for each case, the Spanish legislation and/or recommend the use of, will be considered as maximum permissible levels of risk agents in the working environment. National Institute for Safety and Hygiene at Work.

When the outcome of the assessment is made necessary, periodic measurements of the environmental risk agents shall be carried out at each job with the frequency and methodology that the prevention plan establishes and the the workers concerned and their representatives will be informed. A record of such measurements shall be carried out in order to understand the evolution of the working environment.

In the cases to be taken into account, it will be taken into account in the matter of the day, as provided for in article 23 of Royal Decree 1.561/1.995, of 21 September in relation to the limitation of the times of exposure to the risk

1.4 Serious and imminent risk.-The employer shall inform the workers concerned of the existence of a serious and imminent risk and of the measures taken or to be adapted in respect of protection. In addition, in the event of an unavoidable danger, the measures will be taken and the necessary instructions will be given to enable the workers to interrupt their activity and, if necessary, to leave the workplace immediately.

For your part, the worker may interrupt his or her activity and leave the place of work, if necessary, when he considers that such activity poses a serious and imminent risk to his or her life or health.

In the event that the employer does not take the necessary measures to guarantee the safety and health of the workers, the Legal Representation of these workers and, if it is not possible to meet the urgency required of the The members of the Prevention Delegates may agree by a majority to the cessation of the activity of the workers affected by that risk. Such an agreement shall be immediately communicated to the Company and the Labour Authority, which shall cancel or ratify such a decision within 24 hours.

1.5 Monitoring of the health of workers. -The employer will guarantee to the workers at their service the periodic monitoring of their health status according to the risks inherent in the work. The medical examinations to be carried out must be free and specific, in line with the possible risks inherent in each job.

Health surveillance of workers through medical examinations will be subject to the following principles:

They may only be carried out when the worker gives his consent except in those cases where, prior to the report of the Workers ' Representatives, they are considered essential:

-To assess the effects of working conditions on the health of workers.

-To verify whether the health status of a worker can be in danger to themselves or others in the enterprise.

-Or when you set it a legal disposition.

The tests that will be carried out will be the essential ones for the objectives that the health surveillance intends, must cause the least inconvenience to the worker and must be proportionate to the risks that are monitored and specific to the raw materials or additives that are handled in each job.

It will be carried out respecting always the right to privacy and the dignity of the worker and the confidentiality of all the information related to his health, in this sense, the worker will be personally informed of the results of your medical examination.

However, the employer and the persons or bodies with responsibility for prevention will be informed of the conclusions of the studies carried out to the collective of workers, which are derived from the supervision of the health, in relation to the suitability of the worker for the performance of the job or the need to introduce or improve the protection and prevention measures, so that they can properly carry out their duties in the field preventive.

Data relating to health surveillance may not be used for discriminatory purposes or for the detriment of the worker.

It will be carried out by healthcare personnel with technical competence, training and accredited capacity.

An annual gynaecological exploration will be made to female workers over the age of thirty-five years, with this exploration being voluntary for them. It is understood by gynecological exploration, physical examination of the patient and vaginal smear.

For men over fifty years of age, when appropriate, a measurement of the PSA (prostate-specific antigen) will be performed in the blood tests, with this control being voluntary for them.

1.6 Damage to the health of the worker. -When there has been damage to the health of the worker or as a result of the surveillance of his health, indications are detected that the prevention measures are insufficient, investigate the causes and the necessary measures shall be taken to ensure that, as far as possible, such situations are not repeated in the future. If appropriate, early diagnosis will decrease damage to health and make it easier to treat.

Any accident at work or occupational disease diagnosed by the Public Health Services will require the adoption of the necessary measures to avoid the repetition of such damage.

Whenever there is a demonstrated risk to the health of the worker arising from the job and/or the working conditions, he/she may refer to the Committee on Safety and Health as a matter of urgency. This will propose the appropriate measures for the risk to disappear.

2. Prevention Delegates.-In the work centers of the Perfumery and Purposes Industries, the following criteria will be appointed to the Prevention Delegates:

(a) In the work centers of up to 30 workers in which there is a Staff Delegate, the latter will assume the status of the Delegate of Prevention.

b) In the workplace with a number of workers comprised between 31 and 49 workers, the Staff Delegates will appoint a Prevention Delegate.

c) In workplaces with 50 or more workers, the Prevention Delegates will be designated according to the following scale:

50 to 500 workers: 3 delegates.

From 501 to 1000 workers: 4 delegates.

From 1001 to 2000 workers: 5 delegates.

From 2001 to 3000 workers: 6 delegates.

From 3001 to 4000 workers: 7 delegates.

From 4001 workers onwards: 8 delegates.

The Prevention Delegates will be appointed by the legal representatives of the workers among the staff.

The Prevention Delegates will be able to use union hours for the development of their activity as such. Where the Staff Delegates or the Business Committee appoint as the Prevention Delegates to employees of the workforce without union representation, their decision shall, at the same time, result in the transfer of the trade union hours necessary for such workers can develop their function.

2.1 Powers and Powers of the Delegates of Prevention. -As for the competencies and powers of the Prevention Delegates, as well as everything related to guarantees and professional secrecy will be available in the arts. 36 and 37 of the Labor Risk Prevention Act.

For all purposes, it shall be considered in any event as effective working time, without imputation to the guaranteed time credit, the corresponding to:

-Security and Health Committee meetings.

-Other business meetings held by the employer in the field of risk prevention.

-To accompany the prevention technicians and the Inspectors of Work and Social Security, in the visits they make.

-That is intended to be customized at the site of the event when damage to the health of the workers occurs.

-The time spent on training the Prevention Delegates.

-The one intended to accompany technicians in accident investigation.

In companies with less than 50 employees, the Company will meet regularly with the Delegate of Prevention to analyze the issues related to Safety and Health.

3. Committee on Safety and Health. -The Committee on Safety and Health is the joint and collegiate body of participation for the regular and regular consultation of the Company's actions in the field of risk prevention.

A Safety and Health Committee shall be established in all enterprises or workplaces with 50 or more workers.

The Committee shall consist of the Prevention Delegates, on the one hand, and the employer and/or their representatives in number equal to that of the Prevention Delegates, on the other.

In the meetings of the Committee on Safety and Health, participants will participate in a voice but without a vote, the Trade Union Delegates and the technical officers of prevention in the Company that are not included in the composition to which the Previous paragraph. Under the same conditions, employees of the Company who have a special qualification or information regarding the specific issues that are discussed in this organ and technicians in prevention from outside the Company may participate, provided that so request any of the representations in the Committee.

The Company's management will provide the necessary means for the normal functioning of the Safety and Health Committee.

The Safety and Health Committee shall meet with the periodicity that its internal rules or regulations of operation determine, not being possible to be less than the quarterly, and whenever any of the representations in the same.

Companies with a number of work centres with a Health and Safety Committee may agree with their employees to set up a committee with the tasks assigned to it by the agreement.

The Safety and Health Committee shall monitor specific work accidents and occupational diseases detected in the Company to propose appropriate means for disposal.

As regards the powers and powers of the Committee, the provisions of Article 39 of the Law on the Prevention of Occupational Risks shall apply.

4. Prevention planning. -In order to comply with the general principle of prevention, and without prejudice to the provisions of the Law 31/1995 on the Prevention of Labor Risks and other clauses of this Convention, both parties agree that In the companies in its scope the planning of prevention will be addressed, proceeding as follows.

4.1 A general prevention plan will be developed with the following contents:

-Organization of prevention: dedicated resources, location in the organization of the Company and general principles that inform prevention in it.

-Implementing rules for the supervision and maintenance of work equipment and facilities, as well as working methods and risk assessment.

-Security and prevention systems and emergency plan in the event of a serious accident.

plan will be drawn up and agreed within the Committee on Safety and Health for final approval, on the basis of the assessment which will enable the situation of the various positions in the workplace to be known, the level of risk in them and which can be used as a basis for taking the corrective measures necessary for their reduction and disposal. The risk assessment at each work place shall be reviewed whenever changes are made that may alter the exposure to risk factors that may exist and whenever an accident occurs.

4.2 The Company will draw up a risk map, based on its assessment, to enable it to be aware of the situation of the various workplaces in the workplace with regard to the level of risks in the workplace, which can be used as a basis for taking the corrective measures necessary for its reduction. The risk assessment at each work place shall be reviewed whenever modifications are made that may alter the levels of the different risk factors that may exist, and the risk map shall be reviewed accordingly.

4.3 An annual prevention plan containing the corrective measures to be addressed during the year will be developed in the light of the needs identified with the risk map. The plan will be submitted to workers ' consultation on the terms set out in the Labor Risk Prevention Act.

5. Training in the field of prevention.

5.1 Of The Workers:

Before being assigned to a job, the worker will receive a theoretical and practical training, sufficient and adequate, in preventive matters, updating it once a year if necessary.

Training should be focused specifically on the job or role of each worker, adapting to the evolution of risks and the emergence of new ones and repeating periodically, if necessary.

The required training must be the same as fixed, temporary workers or those made available by a Temporary Work Company or integrated into Contracts, even if in the last two cases, the responsibility the fulfilment of the training obligations shall be borne by the Temporary and Contractor Work Enterprises, respectively.

Only workers who have received sufficient information and training and have demonstrated in an objective manner adequate training may be assigned to special risk jobs.

Training must be provided, wherever possible, within the working day or, failing that, in other hours but with the discount on that time spent on it.

Their cost will not fall on the workers at all.

5.2 Of Prevention Delegates:

The Prevention Delegates will access the training that is necessary for the exercise of their functions.

The training plan of the Prevention Delegates will be agreed within the Committee on Safety and Health, which will provide each year of 16 hours each, to attend courses on the prevention of occupational risks. by public or private bodies competent in this field, and the assistance to them must be credited.

The training will be facilitated by the Businessman by his own means or by concert with specialized agency or entities in the field. This training may also be provided by the Union Federations which are signatories to this Convention, at no cost to the Company.

6. Consultation of employees.-The employer must consult the workers ' representatives, or workers when they do not have representatives, in good time, the adoption of decisions relating to:

(a) The planning and organization of work in the Company and the introduction of new technologies, in everything related to the consequences that these could have for the safety and health of workers, arising from the choice of equipment, the determination and adequacy of working conditions and the impact of environmental factors on work.

(b) The organisation and development of health protection activities and the prevention of occupational risks within the Company, including the appointment of workers in charge of such activities or the use of a external prevention service.

c) The designation of workers in charge of emergency measures.

d) The project and the organization of preventive training.

(e) The procedures for information and documentation referred to in Articles 18 (1) and 23 (1) of the Law on the Prevention of Occupational Risks.

f) Any other action that may have substantial effects on the safety and health of workers.

7. Protection of maternity. -Workers in a situation of pregnancy or recent birth will have the right to perform a different job or function and compatible with their state when the working conditions, agents or procedures can be have a negative impact on your health, your unborn child or breast-feeding. The change of job or function, prior to the certificate of the Medical Services of the National Institute of Social Security or of the Mutuas, with the report of the doctor of the National Health Service who assists the worker it shall, if possible, be carried out in accordance with the rules applied in the case of functional mobility and shall have effect until the health of the worker permits her to be reinstated to the post or function previous.

The risk assessment shall include the suitability of the posts for the pregnant woman, recent birth or in the period of natural lactation.

The pregnant worker shall be entitled to be absent from the job, entitled to remuneration, for the carrying out of prenatal examinations and preparation techniques, prior notice to the employer and justification of the need to be carried out within the working day.

All in the terms set out in Article 26 of the Occupational Risk Prevention Act and other current legislation.

8. Protection of minors.-Before the incorporation of the work of young people under the age of eighteen, and in advance of any major change in their working conditions, the employer must carry out an evaluation of the job to carry out their duties, taking particular account of the specific risks to the safety, health and development of young people.

In any event, the employer shall inform such young persons and their parents or guardians who have intervened in the procurement, of the possible risks and of all the measures taken to protect their safety and health.

9. Protection of workers particularly sensitive to certain risks. -It will be specifically guaranteed to protect workers who, by their own personal characteristics or known biological status, including those who have recognised the situation of physical, mental or sensory disabilities, are particularly sensitive to the risks arising from the work, taking the necessary preventive and protective measures in the light of the risk assessment done.

Workers shall not be employed in those jobs where, because of their personal characteristics, biological status or due to their physical, mental or sensory disabilities, they may or may not be employed. other persons present in the workplace be in danger or, in general, when they are manifestly in a state or a transitional situation which do not meet the psycho-physical requirements of the respective posts of job.

The risk factors that may have an impact on the role of workers ' procreation, in particular by exposure to physical, chemical and biological agents, should be taken into account in the assessments. may have mutagenic or toxicity effects for procreation, both in terms of fertility and in the development of offspring, in order to take the necessary preventive measures.

10. Protection of workers with a fixed term of employment, temporary employment and contract workers. -Workers with fixed-term employment relationships, as well as those employed by temporary workers and temporary workers. They shall be entitled to the same level of security and health protection as the remaining employees of the Company in which they provide their services.

The Company shall take the necessary measures to ensure that, prior to the commencement of its business, the workers referred to in the preceding paragraph receive information about the risks to which they are to be exposed, the requirement of special medical checks or the existence of specific risks of the job to be covered, as well as the protection and prevention measures against them.

Such workers will in any case receive sufficient and adequate training for the job characteristics to be covered, taking into account their qualifications and professional experience and the risks to which they will be exposed.

The workers referred to in this paragraph shall be entitled to the supervision of their health, in accordance with the terms laid down in Article 22 of the Law on the Prevention of Occupational Risks.

In the case of temporary workers, the user company must inform the Temporary Work Company, and it is the workers affected, prior to their membership, about the characteristics of the company. their own jobs and the qualifications required.

Temporary Work Enterprises and Contractors shall be responsible for the fulfilment of the health education and surveillance obligations set out in the preceding paragraphs.

The user company must inform the workers ' representatives in the same way of the employee's membership made available by the temporary work company. Such workers may be directed to these representatives in the exercise of their rights.

In connection with this paragraph, the provisions of Royal Decree 171/2004 of January 30, for the development of Article 24 of the Law on the Prevention of Occupational Risks, in the field of coordination of business activities.

11. Workers ' obligations-workers must ensure, through compliance with the preventive measures that are adopted in each case, for their own safety and health and those of other persons to whom they can affect their activity and behaviour, because of their acts or omissions in the workplace, in accordance with their training and the employer's instructions.

Non-compliance by the employees of the obligations, as well as the employer's instructions, in the field of risk prevention, will have the consideration of non-compliance with the effects provided for in the article. 58.1 of the Staff Regulations and Chapter IX of this Convention.

Article 66. Environment.

The parties to this Convention consider it necessary for companies to act in a responsible and respectful manner with the Environment, paying great attention to their defense and protection in accordance with interests and concerns. of the Society.

To these effects, the whole of the Perfumery and the Aends sector must adopt a permanent, responsible and visible attitude in the field of the Environment and, at the same time, make the effort that the Industry is developing in this field, and in the future, as well as their results, are known and appropriately valued by the Company and the relevant Administrations.

It is considered essential for these purposes to carry out activities aimed at achieving the following objectives:

-To promote and achieve a responsible performance of the companies in the field of the environment, concreting the measures to be adopted.

-Establish qualitative and quantitative targets for improvement in order to make visible progress on them.

-To demonstrate to society the responsible behavior of companies, individually and collectively, through the use of techniques of sound environmental management and the communication of the results obtained.

-Improve the credibility of the industry and increase the trust of society and public administrations through concrete demonstrations and events.

All this must be the object of permanent and shared concern, both of the Company's Directorate, and of the Workers ' Representatives, so there will be a Delegate of the Environment, appointed by each organization. trade unions from which they have the status of most representative at the state level in those undertakings where they have a presence in the unit bodies representing the employees. The Environment Delegate shall be elected from among the members of the Company's Committee of Business, Personnel or Delegates of Prevention of the Company and shall not have his own credit schedule for the performance of his duties.

Your functions and competencies are:

1. Collaborate with the Company's management in improving environmental action, in the framework of the general principles defined in this article.

2. Promote and promote the cooperation of workers in the enforcement of environmental regulations.

3. Carry out follow-up work on compliance with environmental regulations, as well as on the environmental policies and objectives that the company establishes.

4. To receive information on the implementation of new technologies that could be derived from environmental risks, as well as on the development of environmental management systems.

5. Propose to the Company the adoption of measures aimed at reducing environmental risks and improving environmental management.

6. Collaborate in the design and development of training actions in matters related to the environmental obligations of the company.

7. Receive the environmental information delivered to the workers ' representatives.

The companies will appoint an interlocutor with the Environment Delegate from among the representatives in the Committee on Safety and Health.

CHAPTER XI

Care Regime

Article 67. Economate.

The companies affected by this Convention that occupy more than 500 workers in the same locality, will be obliged to maintain a labor economy in accordance with the provisions of the Decree of 21 March 1958, the Order Ministerial meeting of 12 June 1996, which was held by Royal Decree 1883/1978 of 26 July 1978 and Royal Decree 762/1979 of 4 April 1979 updating the existing provisions relating to labour costs.

Companies that are not obliged to maintain labour costs, in accordance with the provisions of the preceding paragraph, must attempt to group together with others from the same population, to constitute a collective one or, alternatively, to request the incorporation of their employees into other legally established consumer or cooperative economies in place.

Article 68. Enterprise Eaters.

In terms of dining rooms for staff, the companies will agree with the workers ' representatives, if any, the regime to be adjusted in compliance with the existing provisions on dining rooms for the workers. personnel.

The canteens, in those companies that are obliged to facilitate such service according to the legal provisions in force, will have to gather sufficient conditions of habitability, sanitation, ventilation, hygiene, as well as to offer sufficient accommodation for workers using such a service on each shift.

The Company will also provide this service with the material and human resources, as well as the necessary utensils and equipment, for its proper functioning.

Article 69. Workwear.

The companies will provide free compulsory, to the staff who, for their work, need it, of the following working garments:

-Technicians: Two gowns a year.

-Workers ' personnel: Two monkeys or divers a year.

In the industries that manufacture or manipulate acids or other corrosive materials, the appropriate quantity and quality allocation, with which the workers 'representatives are to be provided, will be determined jointly with the workers' representatives. members of the various professional groups, for their best protection, in the face of these agents.

It will also be mandatory for companies to provide waterproof clothing and footwear, to staff who have to carry out continuous work in the open, in frequent rain, and to those who have to act in places notably framed or muddy.

CHAPTER XII

Trade Union Rights

Article 70. Of the Workers ' Representatives.

Workers 'Representatives shall be understood to be the Company's or Personnel's Delegates' Committees and Trade Union Trade Union Trade Union Delegates, who shall have the powers, rights and obligations set forth in this Agreement. the same by the Organic Law of Freedom of Association, Workers ' Statute and the Collective Convention itself.

Article 71. Union action.

A. Of the Trade Unions. -The parties signed by the present stipulations once again ratify their status as valid interlocutors, and are also recognized as such, in order to implement through their organizations labor relations rational, based on mutual respect and aimed at facilitating the resolution of how many conflicts and problems arise from our social dynamics.

Trade unions are basic and consumable elements in order to face through them the necessary relations between the workers and the management of the enterprises. All this without demerit of the privileges conferred by the Law and developed in the present agreements to the Committees of Company and Delegates of staff. The regulatory provisions, clauses of the Collective Agreements, individual covenants and unilateral decisions of the Directorate of the Enterprise containing or involving any form of discrimination in employment shall be null and void. in working conditions are favourable or adverse, by reason of the accession or not to a trade union, to their agreements or to the exercise in general of trade union activities.

B. From union action.

1. Workers affiliated to a trade union may be in the field of the Enterprise or Work Centre:

a) Constituting trade union sections, in accordance with the provisions of the Statutes of the Union.

b) Hold meetings, after notification of the Company's management, collect fees and distribute trade union information, outside of the working hours and without disturbing the normal activity of the Company.

c) Receive the information sent to you by your union.

2. Trade union sections of the most representative trade unions and of those with representation in the Enterprise Committee or with staff delegates shall have the following rights:

(a) In order to facilitate the dissemination of those notices which may be of interest to the members of the trade union and to workers in general, the Company shall make available to it a notice board to be placed in the work centre and where appropriate workers ' access to it is ensured.

b) To collective bargaining in the terms set out in their specific legislation.

c) The use of a suitable premises where they can develop their activities in those enterprises or workplaces with more than 100 workers.

d) To use union hours by the Directorate of the Trade Union Section for the development of their activity, provided that they are transferred to them by Delegates of Personnel or members of the Business Committee, and having in the account is established in Article 73.B. 4 of this Convention.

C. Of the union charges.

1. Those who hold elective office at the provincial, regional or state level in the most representative trade union organizations shall be entitled:

(a) The enjoyment of the unpaid leave necessary for the development of the trade union functions proper to his office, being established by agreement, the necessary limitations to the enjoyment of the same in function of the needs of the production process.

(b) To the compulsory surplus, with the right to reserve the job, and to the calculation of seniority for the duration of the exercise of its representative office, having to return to its job within the month following the date of termination.

c) To the assistance and access to the job centers to participate in activities of their union or of the workers ' group or in meetings of discussion or negotiation with the Management of the Company, prior to communication to the Company's management, duly accredited by its trade union and expressly mandated and without the exercise of this right being able to interrupt the normal development of the production process.

2. Union representatives who participate in the Collective Agreement Negotiating Commission or the Joint Interpretive Commission, maintaining their relationship as an active worker in any company, shall be entitled to the granting of the paid leave that is necessary for the proper exercise of their work, provided that the Company is affected by this Convention.

D. Union quota. -A requirement of the trade unions, the companies will discount on the monthly payroll of the workers with written authorization of these, the amount of the corresponding union fee that will be entered into the current account that will designate the union.

The Company's Management will submit a copy of the transfer to the Trade Union Representation, if any.

E. Anti-union practices. -When, in the opinion of some of the signatory parties, it was understood that, in accordance with the provisions of Articles 12 and 13 of the Organic Law on Freedom of Association, there are acts that could (a) the protection of the right to the competent jurisdiction may be sought through the process of judicial protection of the fundamental rights of the person.

Article 72. Union delegates.

A. Of the trade union delegates. -In the companies or, where appropriate, in the job centers that occupy more than 250 workers, whatever the class of their contract, the union sections that can be constituted by the workers affiliated to the unions with presence in the Enterprise Committees will be represented for all purposes by the union delegates elected by and among their affiliates in the Company or in the workplace.

The number of union delegates per union section of the trade unions that have obtained 10% of the votes in the election of the members of the Business Committee will be determined according to the following scale:

250 to 750 workers: One.

From 751 to 2,000 workers: Two.

From 2,001 to 5,000 workers: Three.

From 5,001 onwards: Four.

The trade union sections of those unions that have not obtained 10% of the votes in their election will be represented by a single union delegate.

In accordance with the foregoing, the legally constituted union shall communicate in writing to the Company's Directorate the person or persons who shall perform the duties of the trade union delegate.

B. Duties of the trade union delegates.

1. Represent and defend the interests of the union to whom it represents and of the members of the union in the Company, and serve as an instrument of communication between its central or union and the Directorate of the respective Companies.

2. Attend meetings of the Business Committees and the Safety and Health Committees, with voice and no vote.

3. They shall have access to the same information and documentation as the Company must make available to the Committee of Enterprise in accordance with the provisions of the Law, being obliged to keep professional secrecy in the matters in which they are legally proceed. They will hold the same guarantees and rights as recognized by the Law, Collective Agreements, etc., to the Enterprise Committees.

4. They will be heard by the Company in the treatment of those problems of a collective nature that affect the workers, in general and those affiliated to the union.

5. They shall also be informed or heard by the Company in advance:

a) About layoffs and penalties affecting union affiliates.

(b) In the case of the restructuring of staff, employment regulations, the transfer of workers when they are a collective magazine or the general working centre, and in particular any project or business action which may affect substantially to the interests of the workers.

c) The implementation or review of work organization systems and any possible consequences.

6. In the case of meetings, as regards the procedure, both parties will adjust their conduct to the current legal regulations.

7. Delegates will have their tasks to perform the trade union functions that are their own.

8. The union delegate, for the purposes of the accumulation of trade union hours, will be considered as a member of the Committee of Enterprise. In this respect, it shall only be entitled to accumulate such hours in those members of the Enterprise Committee belonging to its same trade union centre.

9. The Companies will make known to the union delegates and the members of the Enterprise Committee the TC-1 and TC-2.

Article 73. Works Committees.

A. Functions:

Without prejudice to the rights and powers granted by law, the Business Committees are recognized as follows:

1. To be informed by the Enterprise Directorate:

a) Quarterly on the general evolution of the economic sector to which the Company belongs, on the evolution of the business and the situation of the production and sale of the entity, on its production and evolution program probable employment in the Company.

b) Annually know and have at its disposal the Balance, Result Account, the Memory and, in case the Company magazine the form of company by shares or participations, of how many documents are made known to the partners.

c) Prior to their execution by the company, on the restructurings of staff, total or partial closures, definitive or temporary and the reductions in day, on the total or partial transfer of the facilities business and on the company's vocational training plans.

d) Depending on the subject matter:

* On the implementation or revision of systems of work organization and any of its possible consequences, studies of times, establishments of systems of premiums or incentives and valuation of jobs.

* On the merger, absorption or modification of the Company's legal status where this implies any impact affecting the volume of employment.

* The Company's management shall provide the Company's Business Committee with the model or models of contract of employment that it habitually uses, the Committee being entitled to make the appropriate claims to the Company and, where appropriate, the Competent Labour Authority.

* On penalties imposed for very serious misconduct and, in particular, on dismissal scenarios.

* Regarding statistics on the rate of absenteeism and their causes, occupational accidents and diseases, and their consequences, the rates of accidents, the movement of income and income, and the promotions.

2. Carry out surveillance work on the following subjects:

(a) Compliance with the rules in force in the field of labor and social security, as well as the respect of the agreements, conditions or uses of the Company in force, making, where appropriate, the appropriate legal actions before the Company and the Competent Bodies or Courts.

b) The quality of teaching and the effectiveness of teaching in the training and training centers of the Company.

c) The conditions of safety and hygiene in the development of work in the Company.

3. To participate, as a regulation is determined, in the management of social works established in the Company for the benefit of the workers or their families.

4. Collaborate with the Company's management to achieve the fulfillment of how many measures to maintain and increase productivity in the company.

5. The Committee on Enterprise is recognised as a body to be a collegiate body in order to exercise administrative or judicial action in all matters relating to its jurisdiction.

6. The members of the Enterprise Committee, as a whole, shall observe professional secrecy as regards paragraphs A. 1.a) and (c) of this Article, even after they cease to belong to the Committee of Enterprise, and in particular in all areas of on which the Address expressly points out the reserved character.

7. The Committee will ensure not only that the selection of staff is in line with the agreed rules, but also of the principles of non-discrimination, gender equality and the promotion of a rational employment policy.

B. Guarantees:

1. No member of the Staff Committee or Staff Delegate may be dismissed or punished during the performance of his or her duties or within the year following his or her termination, unless the latter occurs by revocation or resignation, and provided that the dismissal or sanction is based on the action of the worker in the legal exercise of his representation. If the dismissal or any other penalty for alleged serious or very serious misconduct is to be followed by other causes, the case of an adversarial file shall be dealt with by the interested party, the Enterprise Committee or other Staff Delegates. and the delegate of the union to which he belongs, in the event that he is recognized as such in the Company. In the case of dismissal of legal representatives of the employees, the option will always be the same, with the readmission being obliged if the worker opts for it.

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

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

3. They may exercise the freedom of expression within the Company, in the matters of their representation, being able to publish or distribute, without disturbing the normal development of the production process, those publications of work interest or social, communicating all of this in advance to the Company and exercising such tasks in accordance with the regulations in force.

4. They shall have the credit of paid monthly hours that the Law determines. -Company level and/or work center, the credit of paid hours corresponding to the members of the Enterprise Committees, Staff Delegates and Trade Union Delegates shall be cumulative for annual periods, in one or more of its components, without exceeding the total maximum determined by the Law, after notification to the Directorate of the Company by the Union Federations of the signatories of this Convention, in whose applications have been submitted or on behalf of which they are acting in a trade union; may be relieved or relieved of the work without prejudice to his remuneration.

The management of the trade union hours will be the responsibility of the Federations, upon transfer signed by the individual holders of such rights.

The Union Federations, or on its behalf the corresponding Trade Union Section, will notify the company on a quarterly basis the forecast of the use of these hours by the members of the Committee, Delegates of Personnel, Delegates Union and Prevention Delegates. In any event, the use of accumulated hours must be known before the company.

5. Without exceeding the legal maximum, the paid hours available to the members of the staff committees or delegates may be consumed, in order to provide for the attendance of training courses organised by their trade unions, institutes of training or other Entities.

Article 74. Procedure for the participation of workers ' representatives in the implementation of the Convention.

In the text of the convention and in each of its articles, the intervention to be carried out by the workers ' representatives is indicated.

For the purpose of facilitating the correct application of the Convention, the aspects of this agreement which require the intervention of the Workers ' Representatives are outlined in a schematic form. In addition, in terms of these interventions and their modalities, specifically provided for in each of the articles of the same. In each of these assumptions the Company will deliver previously to the Representatives of the Workers of the precise documentation to address them, working at the end of their discussion the corresponding record.

1. On an annual basis.

a) As a priority in time, once the increment is fixed to apply:

-M.S.B. and distribution of the same: Art. 35, I and III.

-Application of the salary increases of each year: Art. 35, II and III.

-Professional classification: Articles 19 and 20.

b) In the last quarter of the year, unless the Company has agreed another time of year:

-Templates: Art. 12 and 25.

-Day Ordination: Art. 42.

-Work calendar: Art. 42.

-Overtime analysis: Art. 45.

-Annual Job Risk Prevention Plan: Art. 65, 4.1.

-Information and monitoring of the Economic and Industrial situation of the Company: Art. 73. A. 1.b).

2. Under the particular circumstances of each case:

-Contracts: Art. 12.

-Implementation of a new system of organization of work: Art. 10.

-Introduction of new technologies: Art. 11.

-System of assessment of the competition-opposition and its concrete application: Art. 24.2 and 73.A. 7.

-Depreciation of vacancies: Art. 25.

-Modification of incentive systems: Art. 41.

-Monthly overtime tracking: Art. 45.

-Notification of penalties: Art. 62 and 72.B. 5.a).

-Quarterly economic information and other work information reviewed in Art. 64 of the E.T.:

-Environment: Art. 66.4 and 66.7.

and in the Convention: Art. 72 and 73.

-Individual training plans and permissions: Art. 77.

Article 75. Discussion in Intercentres and Industrial Groups.

For issues affecting more than one work centre the interlocution of the interagency company shall be carried out with the interagency trade union sections and the interagency trade union delegates if any.

Article 76. European Trade Union Committees.

The Trade Union and Employers ' Organizations that have signed this Convention, by themselves and through their organizations and/or represented in the corresponding Companies and/or work centers, will urge the creation of the Enterprise Committees When the circumstances provided for in Directive 94 /45/EEC of 22 September 1994, which is incorporated into our legal order by Law 10/97 of 24 April 1997, are given.

CHAPTER XIII

Training

Article 77. Training.

Professional training is a right for all workers.

1. Training in Business: Companies will be able to organise training courses and further training of staff free of charge, with the aim of professional promotion and training. They will also be able to organise specific vocational training programmes for working women and professional retraining for technicians.

It will be set up within the companies of more than 50 workers, where the Legal Representatives of the Workers demand it and with the credit of trade union hours, a Joint Training Commission, whose members shall be appointed by and between the Legal Representatives of the Staff and the Company. This Commission will receive information from the Training Plans prepared in the Company, propose its own initiatives and follow its development and evaluation. It will ensure that specific programmes are promoted to facilitate the professional development of the least qualified workers and allow women access to levels of responsibility where they are less represented.

The Company's Management will inform the Workers ' Representatives of the planned annual training plans in relation to the Company's objectives.

On a general basis, the training scheduled by the Company will be carried out in working time. The workers ' representatives may be agreed to carry out training activities outside that time.

2. On 16 April 1997, a Sectoral Joint Committee on Continuing Training was set up, consisting of a minimum of four representatives of the Convention's trade unions and a minimum of four representatives of STANPA.

It will be functions of this Sectoral Joint Commission:

a) To intervene in the alleged discrepancies arising in relation to the information to the legal representation of the workers on the training actions.

b) Track continuing training in the sector.

c) Setting the guiding criteria for workers ' access to training.

d) Propose criteria for carrying out studies and research on continuing training.

e) Develop an annual memory on training in the sector.

f) Learn about the voluntary pool of companies included in the sector.

3. Individual training permits: Workers affected by this Convention may apply for individual training permits in the terms provided for in the legislation in force.

This permit should be adjusted as to its funding as planned annually by the specific implementing regulations.

CHAPTER XIV

From Equality

ArtIculo 78. Of equality.

In accordance with the provisions of the Organic Law 3/2007, companies are obliged to respect equal treatment and opportunities in the field of employment and, for this purpose, must adopt measures aimed at avoiding any type of employment discrimination between women and men, measures to be negotiated, and where appropriate agreed, with workers ' representatives in the form to be determined in labour law.

In companies of more than 250 employees, the equality measures referred to in the preceding paragraph shall be directed towards the elaboration and implementation of an equality plan.

The development and implementation of equality plans will be voluntary for other companies, after consultation with the legal representation of workers.

For the purposes of the provisions of this Convention regarding equality plans and the diagnosis of the situation, account must be taken of the provisions of Article 5 of the Organic Law 3/2007, according to which it will not constitute discrimination in access to employment, including the necessary training, a difference in treatment based on a sex-related characteristic when, due to the nature of the specific professional activities or the context in which it is carry out, such a characteristic constitutes an essential and determining professional requirement, provided that where the objective is legitimate and the requirement provided.

To this end, the present Convention follows a set of guidelines and rules in relation to the equality plans and the situation diagnoses which may be followed by the companies of more than 250 workers included within its scope and the purpose of which is to facilitate the implementation and implementation of the Organic Law 3/2007:

A. Concept of equality plans. -As the Organic Law 3/2007 establishes the plans of equality of companies are an ordered set of measures, adopted after making a diagnosis of situation, aimed at reaching in the company equal treatment and opportunities between women and men and eliminate discrimination on grounds of sex.

The equality plans will set the concrete objectives of equality to be achieved, the strategies and practices to be adopted for their achievement, as well as the establishment of effective systems for monitoring and evaluating the objectives. fixed.

B. Diagnosis of the situation. -Prior to the setting of the objectives of equality to be achieved, the companies will make a diagnosis of the situation whose purpose will be to obtain data disaggregated by gender in relation to the conditions -work. All for the purposes of finding, if any, the existence of situations of unequal treatment or opportunities between men and women lacking objective and reasonable justification, or situations of discrimination on grounds of sex, assume the need to set those objectives.

C. Objectives of the Equality Plans.-Once the diagnosis of the situation has been carried out, the concrete objectives to be achieved can be established on the basis of the data obtained and which may consist in the establishment of positive action measures in those areas. (a) questions in which the existence of situations of inequality between women and men lacking objective justification has been established, as well as in the establishment of general measures for the effective implementation of the principle of equality of treatment and non-discrimination.

Such objectives, which shall include strategies and practices for their achievement, may include, inter alia, matters of access to employment, training, classification and professional promotion, remuneration and working conditions, reconciliation of family life, etc.

D. Competence of the Companies and the Representatives of the Workers in the elaboration of the plans of equality. -It will be the responsibility of the company to make the diagnosis of situation and to inform the representatives of the workers on the results of the same.

They will also inform you about the contents of the Plan and its objectives, as well as the measures planned to achieve them.

Once the equality plan has been implemented in the company, the employees ' representatives will be informed on an annual basis about their evolution.

Workers ' representatives in each of the information phases mentioned above may, if they consider it appropriate, issue a report in this regard.

Companies of 250 or more workers are encouraged to set up a specific peer-to-peer committee on equality.

E. The Sectoral Joint Committee for Equal Opportunities. -It is agreed to constitute a Sectoral Joint Commission for Equal Opportunities among the signatories to this Convention in order to address the commitments made in this Chapter of the Collective Agreement, with the following powers:

-Understand in terms of consultation on questions of interpretation and/or application that may arise in companies in relation to the provisions on equality plans set out in the previous articles.

-Follow up on the evolution of the equality plans of companies in the sector.

-Possibility of drawing up technical opinions on aspects related to equal treatment and opportunities between women and men at work at the request of the Joint Committee.

CHAPTER XV

Mixed Committee

Article 79. Joint Commission.

Both negotiating parties agree to establish a Joint Commission as a body for the interpretation, reconciliation and monitoring of collective compliance with this Convention.

Article 80. Composition.

The Joint Committee consists of a maximum of six Workers ' Representatives and six Representatives of the Employers who, among them, will elect one or two Secretaries.

This Commission will be able to use the occasional or permanent services of advisers, in all matters within its competence. Such advisers shall be freely appointed by each of the parties.

Article 81. Structure.

The Joint Commission, which is agreed upon, will be central to the entire country. In accordance with the nature of the cases submitted to it by the Central Joint Committee, it may delegate to the decentralised Joint Committees which, if appropriate, may be constituted preferably in the Autonomous Communities with sufficient implementation. industry and trade union and sectoral employers ' organisations.

However, when the issues to be dealt with in the interpretation of the agreement, the Central Joint Commission will only be competent.

Article 82. Procedure.

The matters submitted to the Joint Committee shall be of an ordinary or extraordinary nature. They will award such a rating STANPA, FIA-UGT or FITEQA-CC.OO.

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

The Joint Commission will proceed to convene interchangeably with any of the parties involved.

Over the course of the three months following the entry into force of this Collective Agreement, and in accordance with the requirements regarding difficulties and schedule of action that the diverse territorial structure of FITEQA-CC.OO., FIA-UGT and STANPA shall constitute the decentralised commissions referred to in the previous Article to which the procedure laid down in the preceding paragraphs shall apply in order to operate.

Article 83. Functions.

These are specific functions of the Joint Commission, the following:

1. Interpretation of the Convention.

2. At the request of the parties, it shall mediate, reconcile or arbitrate in the treatment and settlement of any collective questions and conflicts of a collective nature that may arise within the scope of this Collective Agreement, taking into account, in any case, as provided for in the following chapter on competencies and procedures.

The Joint Committee shall only understand the consultations which, on the interpretation of the Convention, are submitted to it through one of the signatory organisations, as well as on the procedures for mediation, conciliation and arbitration.

3. Monitoring the collective compliance of the agreed upon.

4. To understand, in a prior and mandatory manner, the administrative and judicial way of the interposition of collective conflicts arising in the companies affected by this Convention by the application or interpretation thereof.

5. The Joint Committee shall be provided with regular reports by the signatory parties to this Convention and those other than those which may accede to it, as follows:

5.1 Analysis of the economic-social situation with specification of the subjects related to employment policy and market, vocational training, investment, technological conversion, global levels of sales and foreign market, level of productivity, competitiveness and profitability of the sector, etc., as well as immediate and medium-term forecasts developed by STANPA on an annual basis.

5.2 Report on the degree of application of the Collective Agreement, difficulties encountered at the company level and proposals to overcome them. It will be prepared by the Trade Union and STANPA at annual intervals.

5.3 Be informed of the work, suggestions and studies carried out by the Safety and Health Committee.

5.4 Analysis of the evolution of employment on a quarterly basis, in the Sector affected by the Convention.

CHAPTER XVI

Voluntary collective conflict solution procedure

Article 84. Territorial and temporal scope.

1. This Agreement shall apply throughout the national territory and its provisions apply to all undertakings and workers bound by this Convention.

2. The pacts referred to in this Chapter shall be valid for the present Convention as a whole. However, the parties to the Agreement undertake to maintain those in the conventions which, if necessary, will take place as long as the Agreement on the Extractive Solution of Labor Conflicts (ASEC), signed on 13 January, continues in force. of 2009, or any of its possible extensions.

Article 85. Object.

1. This agreement regulates the procedures for the solution of collective labour disputes between employers and workers or their respective representative organisations of the Perfumery and Finnish Industry.

2. The following are left out of this agreement:

-Conflicts that are about Social Security.

-The conflicts in which the State, Autonomous Communities, Local Entities or Autonomous Bodies are dependent on them, as referred to in Article 69 of the recast text of the Law of Labor Procedure (in forward L.P.L.).

Article 86. Labor conflicts.

1. They will be subject to the procedures set out in this chapter, the following types of labour disputes:

(a) The collective conflicts of interpretation and application defined in accordance with Article 151 of the L.P.L.

b) Conflicts caused by discrepancies arising during the negotiation or application of this collective agreement.

c) The conflicts that lead to the call for a strike or to be raised about the determination of the security and maintenance services in the event of a strike.

(d) Conflicts arising from discrepancies arising in the period of consultation required by Articles 40, 41, 47 and 51 of the Staff Regulations.

2. This agreement does not include the solution of individual conflicts, unless it affects collective interests.

3. In the event that the request for mediation deals with a conflict other than the interpretation and application of the Convention and shall also affect a single Autonomous Community, the said Joint Committee on Mediation and Arbitration shall derive the of the conflict to the Mediation and Arbitration Bodies of the corresponding Autonomous Community.

Article 87. Mediation and arbitration services.

A Joint Committee on Mediation and Arbitration will be set up within the Central Joint Commission, which will assume the specific mediation and arbitration functions contained in the ASEC and will only host the mediation and arbitration demands. the arbitration that is derived from the agreement of this Convention and the ASEC. It shall be made up of equal parts by the Trade Union and Business Organisations of this Convention.

The Joint Committee will draw up a list of mediators and arbitrators that will provide the complainants with their services. This list shall be composed of the names given in equal numbers by the parties to the Convention. The designation of the mediator or mediators as well as the arbitrator or arbitrators from the list shall be the responsibility of the parties to a conflict. In the absence of a designation, it may be carried out by the Joint Committee.

Article 88. Conflict resolution procedure.

The procedures for solving collective conflicts are:

(a) The prior and perceptive intervention of the Joint Committee of the Convention, in the conflicts arising from the interpretation and application of the Convention. The Joint Committee or the Joint Committee on Mediation and Arbitration may act as mediation at the request of either party, and/or arbitration by agreement of the parties to the dispute.

b) Mediation.

c) Arbitration.

Article 89. Guiding principles of the procedures.

The procedures set out in the previous article will be governed by the principles of gratuitousness, rapidity, procedural equality, hearing of the parties ' contradiction and impartiality, respecting, in any case, the laws in force and the constitutional principles.

Article 90. Effectiveness of the solutions achieved.

The agreements that the Joint Committee may reach in the mediation and arbitration procedures to be submitted to them shall have general effectiveness or in relation to third parties within the functional, personal and territorial scope of the present Convention.

Article 91. Mediation procedure.

1. The mediation procedure shall be compulsory at the request of one of the legitimate parties.

The mediation procedure will not be subject to any pre-established processing, except the appointment of the mediator (individual or collegiate) or the proposal of one of the parties to promote mediation and formalisation of the agreement of agreement which, where appropriate, is reached.

In the cases referred to in Article 86.2 of the Convention, the mutual agreement of the parties entitled to mediation will be required.

2. Mediation shall be required as a preprocedural requirement for the interposition of a claim for collective conflict before the labor jurisdiction by any of the legitimized parties.

In disputes concerning the interpretation and application of the Convention and affect general interests, the parties may agree jointly to submit voluntarily to the arbitration procedure governed by the next, no need to go to the mediation procedure.

3. Also, before the formal notice of the call for strike, the mediation procedure must be exhausted. Between the request for mediation and the formal communication of the strike, at least 72 hours must elapse. Voluntary and joint submission of the parties to the arbitration procedure shall be possible.

4. In the cases provided for in Articles 40, 41, 47 and 51 of the recast of the Law on the Workers ' Statute, and in order to resolve any discrepancies which might have arisen during the consultation period, the procedure for mediation if requested by at least one of the parties.

5. The party or parties to the mediation shall record the existing divergences, by proposing to the Joint Committee its mediation or by appointing a mediator and pointing out the questions on which it will function. The parties, by mutual agreement, may delegate to the Joint Committee the appointment of the mediator or mediators.

6. The parties shall refrain from taking any other measure aimed at resolving the conflict, and during their processing. The initiation of the procedure shall prevent the calling of strikes and the adoption of measures of lockout, as well as the exercise of judicial or administrative action for the purpose or cause of the mediation.

7. Proposals for a solution offered by the mediator or mediators to the parties may be freely accepted or rejected by the parties.

In case of acceptance, the agreement reached in agreement will have the same effectiveness as the one agreed in the Collective Agreement, as well as for the effects foreseen in the art. 68 of the L.P.L. Such an agreement shall be formalised in writing and shall be submitted to the competent Labour Authority for the purposes laid down in Article 4. 90 of the Staff Regulations.

In the event of failure to reach agreement, the mediator or mediators will be limited to the lifting of the Act by entering into the lack of agreement and the reasons given by each party.

8. The mediation procedure developed in accordance with this article replaces the mandatory conciliation procedure provided for in the article. 154.1 of the L.P.L., within its scope and for the conflicts to which it refers.

9. The Central Joint Committee shall specify the interrelation of these mediation and/or arbitration functions with the mediation and arbitration bodies and procedures of the Autonomous Communities.

Article 92. Arbitration procedure.

1. By means of the arbitration procedure, the parties to the conflict voluntarily agree to entrust a third party and to accept in advance the solution to the conflict.

2. The arbitration procedure shall be possible only if the two parties so request, and shall be promoted through a written request addressed to the Joint Committee, at least the following points:

-Name of the appointed arbitrator or arbitrators or the decision to delegate to the Joint Committee the appointment of the arbitrator or arbitrators.

-Commitment of acceptance of the arbitration decision.

-Address of affected parties.

-Date and signature of the parties.

A copy of the arbitration commitment shall be sent to the Secretariat of the Joint Committee, as well as to the competent Labour Authority for the purposes of constancy and subsequent publicity of the award.

3. The appointment of the arbitrator or arbitrators shall be free and shall be subject to impartial experts. The appointment will be carried out in the same way as the one indicated for the mediators in the previous article.

4. Once the arbitration commitment has been formalised, the parties shall refrain from any other proceedings on any matter or issues submitted to the arbitration, as well as to the strike or lockout.

5. The arbitration procedure shall be characterised by the principles of contradiction and equality between the parties. The arbitrator or arbitrators may request the assistance of experts, if necessary.

6. The arbitrator or arbitrators, who shall always act jointly, shall communicate to the parties the decision taken within the time limit laid down in the arbitration undertaking, and shall also notify the Secretariat of the Joint Committee and the Labour Authority thereof. competent. If the parties do not agree to a deadline for the award, the award shall be issued within a maximum of 10 working days following the appointment of the arbitrator or arbitrators. Exceptionally, in the light of the difficulties of the conflict and its importance, the arbitrator may extend that period by means of a reasoned decision and, in any event, the award shall be made before the course of twenty-five working days.

7. The arbitration decision shall be binding and immediately enforceable and shall give a reasoned decision on each and every issue set out in the arbitration agreement.

8. The arbitral award shall have the same effectiveness as that agreed in the Collective Agreement, provided that the legally established requirements for legitimation are given. In such a case, it shall be the subject of deposit, registration and publication in the terms provided for in art. 90 of the Staff Regulations.

9. The arbitral judgment excludes any other proceedings, a claim for collective conflict or a strike on the matter resolved and on the basis of its effectiveness.

10. The arbitral award may be made only within thirty days of its receipt as provided for in art. 67.2 of the L.P.L. where the arbitrator or arbitrators have exceeded their powers by resolving matters outside the arbitration undertaking, they have been in breach of the principles to be encouraged by the arbitration procedure, established to issue resolution or is in contradiction with constitutional or legal standards.

11. The firm award shall have the effect of a final judgment in accordance with the additional seventh provision of the Recast Text of the Labour Procedure Act.

Article 93. Joint Committee on Mediation and Arbitration.

For the purposes of this Chapter, the Sectoral Joint Committee shall have the powers and powers already mentioned, in particular the following:

a) Approve an Operating Regulation.

b) Set the list of mediators and referees.

c) Encourage the use of these procedures as a means of concertation and a solution to the dialogue of labor disputes.

d) Spread the content of what is here agreed between the Workers and Companies.

e) Analyze the results of these procedures in the light of studies and reports prepared by the Committee Secretariat.

Additional disposition first. Agreements or covenants.

In any event, the agreements or agreements established or established between the companies and their respective Committees, Delegates of Personnel or Workers shall be respected in respect of any matter covered by this Convention. under the principle of autonomy and freedom of the parties.

Additional provision second. Interconfederal agreements.

The undersigned organizations of this Convention assume the commitment to face the negotiations, and seek their integration into the Convention of those stipulations that could be established in agreements. interconfederal during the term of this Convention.

Additional provision third. Retroactive guarantee of wage increases.

Both the economic increases fixed at the beginning of the year and the hypothetical wage revision resulting from the deviation of the real end of the year I.P.C. on which it has initially served as reference, are with effect retroactive to one January for all workers discharged during the duration of the Convention affected by it, and for the entire period in which, each year, they have been active in the undertaking, even if the determination of the percentages to apply after the termination of their employment relationship.

Additional provision fourth. Balance of implementation of the agreement.

In the first quarter of the second year of validity of the Convention, the Central Joint Commission will take stock of the implementation of the Convention, through a survey to be carried out by the Joint Commission and which will be sent to all companies concerned.

This survey should consist of two bodies, one addressed to the Enterprise Directorate and one to the Workers ' Representatives.

First transient disposition.

The parties undertake to initiate the elaboration of a Workplace Risk Prevention Guide within one year of publication in the Official Gazette of the State of the Convention.

First transient disposition. Professional Groups.

A Working Group will be set up so that within one year of publication in the "Official State Gazette" of this Convention, it will analyse the content of the current Chapter IV on Professional Classification and draw up a report on the possibilities for updating it, providing, where appropriate, concrete proposals for its elevation to the Negotiating Commission and approval by the Commission, if appropriate. The approved proposal will be forwarded to the Ministry of Labour and Social Affairs for processing.

Final disposition.

The parties to this Convention acquire a commitment not to open new avenues of collective bargaining at a lower level and to make the necessary efforts to achieve a greater extension of the contract.

In this sense, they will promote by means of agreements of adhesion and articulation, the linkage to the sectoral agreement of the companies with own agreement, particularly where the Company is affiliated to STANPA and are represented the Trade unions which are signatories to this Convention.

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