Key Benefits:
Having regard to the text of the Fourth State Collective Convention of the Industry of Yesos, Escayolas, Cales and their Prefabricated Manufacturers (Convention Code No. 9911915), which was signed by the Association on 2 July 2010 Technical and Business of the Yeso (ATEDY) and the National Association of Manufacturers of Spain and Derivatives of Spain (ANCADE) in representation of the companies of the sector and of another by the Federation of Industry, Metal, Construction and Aends of UGT (MCA-UGT) and the State Federation of Construction, Wood and Aends of CCOO (FECOMA-CCOO) representing the workers of the same 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 of the Law of the Workers ' Statute and the Royal Decree 1040/1981, of 22 May, on the registration and deposit of Collective Labour 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 Gazette.
Madrid, 10 August 2010.-The Director General of Labour, P.S. (Royal Decree 1129/2008 of 4 July), the Deputy Director General of Industrial Relations, Javier Gómez-Hortiguela.
IV COLLECTIVE AGREEMENT OF THE SECTOR OF YESOS, ESCAYOLAS, CALES AND THEIR PREFABRICATED MANUFACTURERS (2010-2011)
CHAPTER I
Scope and structure of collective bargaining in lower areas
Article 1. Signatory Parties.
1. This collective agreement has been negotiated and signed by the federation of industry, metal, construction and related companies, UGT, (MCA-UGT) and the state federation of construction, wood and related CC.OO. (FEComa CC.OO.) and on the other hand, by the technical and business association of gypsum (ATEDY) and by the national association of manufacturers of lime and derivatives of Spain (ANCADE).
2. The undersigned trade union and business organisations comply with the legally required requirements, and therefore they recognise each other's legitimacy to negotiate and agree on this collective agreement.
Article 2. Scope of functional, personal and territorial application.
The labour standards and conditions contained in this collective agreement shall apply to all undertakings and workers who develop or provide their services in the sector of the manufacturers of those, plaster, lime and their prefab, within the Spanish territory. For the general application of the content of this collective agreement, account must be taken of the material distribution criteria laid down in the provisions of this collective agreement on the structure of collective bargaining.
Article 3. º Temporary Scope and Complaint.
1. The duration of this collective agreement shall be extended from the date of its publication in the BOE until 31 December 2011, with the exception of the salary tables which have been in force since 1 January 2010, or other matters with a specific regime of The duration of the contract.
2. This collective agreement shall be tacitly extended from year to year, if it does not provide express and written denunciation of one or the other party, which shall be exercised at least three months before the date of the original or the original expiry date. any of its annual carryovers.
3. The parties to this general agreement assume the commitment to set up the negotiating commission and to set the timetable for meetings, within a period not exceeding 45 calendar days from the date of receipt of the written statement of denunciation.
Article 4. ° Structure of collective bargaining: attribution and character of the subjects covered by collective agreement.
(A) Negotiating structure: The structure of collective bargaining in the sector of manufacturers of yesos, escayolas, cales and their prefab is defined in accordance with the following substantive levels of collective agreements, each of which will fulfil a specific function in its scope:
A) This sector collective agreement at the State level, which by its very nature regulates certain conditions of work of application in all its scope of affectation and with the validity that is established in its own convention.
B) The collective agreements of companies, where they have been or when in the future the legitimate subjects will agree to have an agreement of company. In such a case, they shall be designed to develop the subjects of this field of business and/or to adapt or to exceed the minimum content which, for certain matters, regulates the collective collective agreement.
B) Regulation of materials:
1. Regulation of the following subjects is reserved to this sectoral collective agreement:
Modalities of procurement, with the exception of all those matters that general labour law enables its regulation through lower-level collective agreements.
General criteria for setting and applying discount clauses.
Representation bodies: Collective representation and trade union rights.
Wage structure.
Sectoral minimum wage.
Professional classification system (without prejudice to the rules of adaptation that are dictated for business agreements).
Functional Mobility (without prejudice to the adaptation rules that are dictated for business agreements).
Irregular distribution regime of the day (without prejudice to the adaptation of the same to the lower scopes).
Overtime (general rules).
Disciplinary law.
Geographic Mobility.
Maximum duration of test periods.
Maximum duration of the annual day.
Occupational health and risk prevention (minimum elements to be developed in lower areas).
Professional training.
Salaries by categories incorporated into the different wage tables of the convention.
2. The content of the regulation of the sectoral collective agreement on the following subjects shall be minimal:
Rest and duration arrangements for annual leave.
Licenses and permissions, and job contract suspensions.
Benefits and allowances in addition to social security benefits.
3. The following matters, provided for in the sectoral collective agreement, will only be of general application where there is no separate regulation in the collective agreement or agreement of a company, thus allowing its regulation to be regulated. specifies in that scope the lower trading scope.
General rules for work and productivity management.
Adaptation in the field of the company and/or work center of all those subjects that for their characteristics compete with their field of negotiation and/or have the consideration of minimums in the state ambit.
The establishment of unpaid allowances not expressly provided for in the wage structure of the sectoral agreement.
4. Matters not covered by the sectoral collective agreement may be regulated within the scope of the undertaking by collective agreement or collective agreement concluded with the legal representatives of the employees.
CHAPTER II
General application conditions
Article 5. º Unit and indivisibility of the convention.
1. The agreed conditions, whatever their nature and content, form a unitary and indivisible set, accepting by the parties who subscribe to it that the obligations which they reciprocate have equivalent consideration to the rights that they acquire, considering all of this as a whole and on an annual basis, without, therefore, the pacts that are formalized could be interpreted or applied in isolation and independently of the others.
2. Where the competent jurisdiction, in the use of its powers, annuls or invalidates any of the covenants contained in this Convention, the negotiating parties shall consider whether it is valid on its own or the remainder of the approved text; or a new and full or partial renegotiation of the same is necessary. If such an assumption is made, the signatory parties to this agreement undertake to meet within 30 days of the determination of the relevant resolution in order to resolve the problem raised.
3. If, within 60 days of the determination of the decision, the signatory parties do not reach an agreement on the matter which has not been brought beyond the control of the legality, they shall undertake to submit to the arbitration procedure provided for in Article 6 (1). the agreement on out-of-court settlement of labour disputes (ASEC).
Article 6. Concurrency and exclusion from other collective agreements.
1. This collective agreement amends and replaces all collective agreements, except for company agreements, which were previously applicable to the subjects covered by this collective agreement. No other national, inter-provincial or provincial convention which may affect or refer in general to the activities or works carried out by the undertakings referred to in Article 1 shall apply for the duration of its validity. scope of this convention.
2. By way of derogation from the above, the sectoral collective agreements at a lower level which are in force at the time of the entry into force of this sectoral collective agreement shall continue to apply until the initial term agreed by the parties.
Article 7. More beneficial conditions.
The most beneficial conditions for workers to be recognised in a personal capacity shall be respected at the entry into force of this Convention.
The most beneficial conditions laid down in the agreements of origin or agreements of origin, existing at the entry into force of this sectoral agreement, will be maintained in their own terms without being able to be negotiations in their field, provided that they are subject to the matters reserved for the sectoral agreement.
Article 8. Absorption And Compensation Clause.
The general working conditions of this agreement will absorb and compensate, in annual accounts, those that could be established in the future by legal provisions involving economic increases in all or some of their Remuneration concepts. The possible future economic improvements referred to in this paragraph will only be effective if, overall, the economic levels (salary and extrasalarial concepts) established on a yearly basis are exceeded. general in this convention.
Article 9. Joint Commission.
1. A joint and joint committee shall be composed of a maximum of six representatives of the employees and six representatives of the business party, chosen preferably from among the members of the special negotiating body of this collective agreement.
2. The convocation of the meetings of the commission shall be proposed in writing by a majority of any of the parties, at least five working days before the proposed date of conclusion, and must be specified precisely and details of the items or items which are the subject of the agenda. If the meeting is not attended by all its members, it shall be held half an hour later on the second call, provided that at least one member of each of the parties referred to in the Article is present or expressly represented. 1.1 of this Convention.
3. At the first meeting, a secretary will be chosen from among its members, who will have the main functions: to hold the meetings and to draw up the proposals for minutes and their custody once they have been approved and signed. His election, as well as his dismissal, shall be carried out unanimously by the members of the committee and his term of office, except for the termination or resignation, shall be consistent with the validity of the collective agreement.
4. The agreements shall be adopted unanimously by the members present and shall require the concurrence of a representation of each of the trade union and business organizations that have signed the agreement. The agreements adopted by the Commission shall have the same force as the collective agreement.
Article 10. º Competences of the Joint Committee.
1. The following powers are conferred on the Commission.
A) To know and, where appropriate, to resolve questions concerning the interpretation and/or application of the content of the collective agreement to be submitted for consideration. You will also be aware of the adaptation processes required by regulatory changes or general collective bargaining that occur during the duration of the agreement.
B) Control over the degree of compliance with the content of the convention and the agreements adopted by the commission.
C) All those functions that contribute to the greater practical effectiveness of the collective agreement.
2. The parties to the Convention are required to submit to the consideration of the Joint Committee the collective conflicts arising from the application and interpretation of the Convention, in accordance with the provisions of the Treaty. content of this collective agreement.
3. Each of the parties involved in this process, with a ten-day advance notice, must transfer to the commission the documentation that reflects the terms of the conflict, which must be incorporated in a minimum character: the fact that the conflict; argumentation; solution proposal or criteria that are maintained. Received the above documentation the commission may require the parties to the conflict or its promoter to provide information or supplementary documentation necessary to resolve the question raised, which must be forwarded within a period of time. exceeding five working days.
4. Once the document has been received, with the accompanying documentation, or if appropriate, after the deadline for the submission of the supplementary documentation, the Joint Committee shall, within 20 working days, decide by unanimous agreement on the question raised or failing to deliver an opinion, which will reflect the views expressed by each of the parts of the committee.
Expiry of that period without a judgment or opinion being delivered shall be open to the court.
Article 11. Adherence to the settlement of out-of-court settlement of collective conflicts (ASEC).
The parties to the convention agree to adhere to the settlement of out-of-court settlement of collective conflicts (ASEC).
Article 12. Implementation of the wage regime.
By virtue of Article 83.2 of the Staff Regulations, the agreement on the implementation of the undertaking which seeks to be applied shall determine with accuracy the remuneration to be paid by the employees, establishing, where appropriate and in the light of the disappearance of the causes which determined it, a programming of the progressive convergence towards the recovery of the wage conditions laid down in this collective agreement, without no such application may exceed the period of validity of the application.
In case of disagreement, the parties undertake to resort to the extra-judicial mechanisms provided for in the ASEC-IV
CHAPTER III
Working regime. Employment recruitment
Article 13. Form of contract.
1. As a general rule, the employment contract will be formalised in writing and before the start of the work.
2. The contract of employment shall contain as a minimum the following elements: identification of the contracting parties; geographical location and name, where appropriate, of the working centre to which the worker is assigned; of the company's registered office; group, level or professional category, craft, trade or job to which the worker is assigned, the annual total remuneration initially agreed and the collective agreement applicable. Once the contract has been registered or communicated in the public office, a copy will be given to the worker.
Article 14. Test period.
1. New income workers, regardless of the contractual arrangements, may be subject to a probationary period provided that it is agreed in writing, the maximum duration of which shall be:
Group 1: 6 months.
Groups 2 and 3: 3 months.
Group 4: 2 months.
Group 5: Technicians and employees 2 months. Operators 15 working days.
Groups 6 and 7: 15 business days.
2. During the probationary period, the decision of the contraa may be taken at the request of either party without the need to invoke the justification or to respect the periods of notice, and in no case shall it entitle the worker to receive compensation compensation.
Periodically the business committee or staff delegates will be informed of the number of workers who have not passed the test period.
3. After the trial period without the withdrawal of the contract, the contract will have full effects, with the time of the services rendered as the seniority of the worker in the company.
4. The situation of temporary incapacity affecting the worker during the probationary period shall interrupt the calculation of the period of time, with a minimum duration of one month and a maximum of the date of conclusion of the probationary period, if the duration of the trial is more than one month, at which time any of the parties may terminate the contract.
5. Notwithstanding the foregoing, the interruption may be extended to a maximum of six months in the case where the situation of temporary incapacity derives from an accident at work in the workplace, and this means of extension of the period of interruption to cases of accident "in itinere" or of occupational disease.
Article 15. Modalities of employment recruitment.
Companies affected by this agreement will be able to use any form of work contract provided for in the current legislation.
Article 16. Contract of work for the performance of a given work or service.
1. In accordance with Article 15 (1) (a) of the Staff Regulations, such contractual arrangements may be used for the execution of the following activities or works:
A) Maintenance works, works or breakdowns of a structural nature, not usual.
B) The order or manufacture for the supply to a sufficiently identified and indeterminate work at its completion which, due to its different characteristics of the usual orders or fabrications, involves an alteration with regard to the normal rate or programmes of production.
2. The use of this contractual mode will in any event require the preparation of a basic copy of the contract, which in addition to the content which the basic copies of the contract must contain in general, will necessarily express the cause the subject-matter of the contract, the working conditions laid down therein, the specification of the number of workers to be provided for in the work or service, the group or professional category assigned to the worker and the estimated duration of the work or service. Such a basic copy shall be transferred within the legal time limits to the representatives of the employees.
3. The duration of the contract shall be that of the time required for the performance of the work or service, without it being able to exceed, in no case, the three years in duration of the contract shall be that of the time required for the performance of the work or service.
4. Contracts for a given work or service shall be presumed to be concluded for an indeterminate period of time when the identification and object of the identification and object of the contract are inaccurate or inaccurate, and the verification or verification of their compliance, unless proof to the contrary that the temporary nature of the benefit is accredited.
Article 17. Eventual contracts due to circumstances of production.
1. In accordance with Article 15.1.b) of the staff regulations, the maximum duration of any contract for the circumstances of the production shall be 12 months, within each period of eighteen months.
2. Where the contract is concluded for a period of less than the maximum duration laid down in the preceding paragraph, it may be extended by agreement of the parties, for a single time, without the total duration of the contract and its extension being possible. exceed that maximum duration.
Article 18. Contract for training.
1. The training contract shall aim at the acquisition of the theoretical and practical training necessary for the proper performance of a qualified trade in this sector.
For the purposes of the first subparagraph of Article 11 (2) of the Staff Regulations, the level of qualification for which the acquisition may be the subject of the contract for training shall be understood as a level of formal accreditation or, failing that, the level of qualification on the basis of each occupation in the business classification system.
2. The contract for training may be concluded with workers referred to in Article 11 (2) (a) of the Et who do not have the required qualifications to formalise a contract in practice in the trade or post or have not approved a course of training. of occupational vocational training approved of the same speciality and with a number of theoretical hours equivalent or higher than those provided for training.
They may not be hired under this modality, for reasons of age, under 18 years for the performance of tasks that have been declared by law to be especially dangerous, toxic, painful and unhealthy, with independence from the legal prohibition of overtime and night work in any activity.
3. The duration of the contract may not be less than six months or exceed two years. Where the contract is concluded for a period of less than the maximum period laid down in the preceding subparagraph, it may be extended before its termination by express agreement between the parties, one or more times, for periods of not less than six months, without accumulated, including that of the carry-overs, may exceed that maximum period.
The notice of termination of the contract shall be in accordance with the deadlines and form indicated in Article 18 of this Sector Understanding.
The maximum duration of the training contract expired, the worker may not be hired under this mode by the same or different company.
4. At the choice of the worker, the time spent on the theoretical training corresponding to the four-week period, which may in no case be less than 15 per 100 of the maximum day of the agreement, may be concentrated for use in the next week. In this case, the worker must inform the company's management at the beginning of the four-week period, at the beginning of the four-week period, to be taken into account for such accumulation. In any case, the teaching schedule must be specified in the work contract.
5. The salary of the worker under the age of 21, linked through this contractual modality, will be 75% of the salary corresponding to the professional group 7, during the first year of validity and 85% of the same salary and reference level during the second year, unless these amounts are lower than the minimum inter-professional salary, in which case, he shall be entitled to the minimum wage. In the case of contract workers for training who are older than 21 at the time of recruitment, the percentage shall be 90% in the first year and 100% in the second year.
The remuneration set out in the preceding paragraph, as well as the extranalarial plusses provided for in this agreement, shall apply both to the working hours and to the hours devoted to the theoretical training of the worker. This criterion will not be altered in cases where the worker opts for the concentration of hours devoted to theoretical teaching.
Article 19. Notice of the termination of the work contract.
1. In the case of contracts of a fixed duration of more than one month, the employer shall notify the worker of his or her late decision at least seven calendar days in advance, unless the duration is longer than one year, in which case the notice period may not be less than 15 calendar days.
2. The employer is not obliged to respect the aforementioned notice period when the termination of the contract is carried out by not exceeding the probationary period established in the contract.
3. The omission by the employer of the period of notice shall entitle the worker to receive an amount equivalent to the wages corresponding to the period, in whole or in part, in breach, which shall be paid to him in union with the the termination of the contract of employment.
4. Because of the possible existence of business difficulties for the search for a substitute in the cases of extinction by the will of the worker, not founded in a just cause, the worker must respect a period of notice not inferior to the deadlines that are reflected below according to your professional group:
Levels 2 and 3: 1 month.
Levels 4 to 7: 15 days.
By agreement with the legal representation of workers, these deadlines may be extended up to a maximum of two months in the cases in which a special difficulty for the coverage of the job is present. affected.
5. Failure to comply with the notice period shall entitle the employer to receive an amount equal to the wages corresponding to the period, in whole or in part, in breach.
Article 20. Promotion of indefinite recruitment.
The parties consider the promotion of stable and quality employment to be desirable and will therefore seek the greatest development and extension of indefinite procurement in the field of application of this Convention. In this respect, it is expressly agreed that all fixed-term or temporary contracts, including training contracts, concluded during the term of this Convention, may be converted into indefinite contracts, subject to the legal requirements and arrangements laid down in the law in force at any time and with access to the incentive measures which are determined for each of the cases in question.
Article 21. Compensation for termination of temporary temporary contracts.
The termination of temporary employment or service contracts, as a result of the termination of their term of office, may be terminated, entitling the worker to an allowance equal to the amount of 15 days of actual salary per year of effective duration of the temporary contract extinguished, calculated pro rata if the duration is less than one year.
Article 22. Replacement contracts in anticipation of the retirement age.
Companies will be able to use the hiring modalities in anticipation of the retirement age in accordance with current regulations.
Article 23. Relief contract.
In order to promote the generational change and the harmonization of new knowledge with the experience acquired, the companies included in the scope of this convention, undertake to formalize contracts relief in those positions which are objectively possible, in accordance with the terms laid down in the general legislation in force.
Article. 24. Equality plans.
1. Companies falling within the scope of this Convention are obliged to respect equal treatment and equal opportunities in the field of employment and, for this purpose, must take measures to prevent any type of employment discrimination between men and women, measures to be negotiated with workers ' representatives in the form to be determined in labour law.
2. In companies of more than 250 employees, have one or more work centers, the equality measures referred to in the preceding paragraph shall be directed to the elaboration and implementation of an equality plan. The development and implementation of equality plans will be recommended for other companies, in collaboration with the legal representation of workers.
3. The plans for equality in enterprises are an orderly set of measures aimed at achieving equality of treatment and opportunities among women and men in the enterprise and eliminating discrimination based on sex.
4. The equality plan will consist of a diagnosis of the situation of the company, definition of objectives in the field of equality, programming and implementation of concrete actions to achieve the objectives set and monitoring and evaluation.
5. Joint Commission. A commission consisting of representatives of the company and of the employees shall be set up for the preparation, implementation, monitoring and evaluation of the equality plan.
This commission will meet at the request of either party and at least twice a year.
6. A commission for equality will be created. The objective of this commission will be to analyze the follow-up of the fulfillment and development of the Organic Law 3/2007, of March 22, for the effective equality of women and men and norms of development and those provided for in this convention to promote the principle of equality and non-discrimination.
This Commission should be set up by the end of October 2010, with the aim of ensuring that by 31 December 2010, a text on equality policies will be incorporated into the text of the convention for 2011.
All without prejudice to the full autonomy of companies and the legal representation of their workers to negotiate, agree and develop equality plans and policies that will be governed by the provisions of their corresponding scopes.
CHAPTER IV
Classification by professional groups
Article 25. General criteria.
1. The present chapter on professional classification is essentially based on the criteria laid down in Article 22 of the Staff Regulations for the existence of the professional group, i.e. professional skills, qualifications and general content of the benefit, and may include in each group a variety of professional categories with different professional functions and specialties.
2. Classification is carried out in functional divisions and professional groups by interpretation and application of general objective criteria and by the most representative basic tasks and functions developed by the workers.
3. In the case of regular attendance in a worker of basic tasks corresponding to different professional groups, the classification shall be carried out according to the higher activity, as long as it is not circumstantial. This classification criterion shall not imply that the performance of complementary tasks which are essential for positions classified in lower professional groups is excluded from the positions of each professional group.
4. All workers affected by this general agreement will be assigned to a certain functional division and to a professional group. Both circumstances will define your position in the organizational scheme of each company.
The categories in force at the time of the entry into force of this convention, which are referred to as guidance in each of the professional groups, are classified in "three functional divisions" defined in the following categories: terms:
Technicians:
This functional division encompasses all workers whose activity is primarily aimed at providing their services in the technical areas, with a high degree of qualification which generally leads to studies with upper or middle degrees.
Employees:
This functional division consists of the staff who, by their training and/or experience, perform administrative, commercial, organizational, computer, and, in general, the specific office positions, which allow report on the management, economic-accounting activity, coordinating productive tasks, or performing ancillary or subaltern tasks.
Operatives:
In this functional division is the staff who, by their knowledge and/or experience, execute operations related to production, either directly, acting in the production process, or in maintenance work, transport or other ancillary operations, being able to carry out monitoring or coordination functions.
5. The factors determining the professional classification of workers falling within the scope of this Convention and which, therefore, indicate the membership of each of them to a particular professional group, all according to the criteria
22 of the Staff Regulations of the European Parliament and of the Council of the European ParliamentIn addition, it should be taken into account, in terms of the jobs, the size of the company or the productive unit in which the function is developed, since it can influence the assessment of all or some of the factors.
The framing of the workers within the professional structure and, consequently, the assignment to each of them of a given professional group, will be the result of the joint weighting of the factors following:
I. Knowledge.
In addition to the basic training necessary to be able to fulfil the task correctly, the degree of knowledge and experience acquired, as well as the difficulty in acquiring such knowledge, will be considered experiences.
This factor can be divided into two subfactors:
A) Training. This subfactor considers the minimum initial level of theoretical knowledge that a person of average capacity must possess in order to successfully perform the duties of the post after a period of practical training. This subfactor should also consider the requirements of specialized knowledge, languages, computer science, etc.
B) Experience. This subfactor determines, for a person of average capacity, and possessing the specific training indicated in the preceding paragraph, the skill and practice required to perform the post, obtaining a sufficient yield in quantity and quality.
II. Initiative.
Factor to take into account the greater or lesser degree of dependence on guidelines, guidelines or rules of execution of their functions, valuing the existence of written rules or procedural manuals. This factor includes both the need to detect problems and to anticipate solutions to them, choosing the one that is considered most appropriate.
III. Autonomy.
Factor to take into account the greater or lesser degree of dependence on guidelines, guidelines or standards in the execution of their functions, valuing the existence of written rules or procedural manuals. Factor for the assessment of the degree of hierarchical dependence in the performance of the tasks or functions that are developed.
IV. Complexity.
Factor whose valuation is based on the largest or lowest number, as well as the greater or lesser degree of integration of the remaining factors listed in the task or given:
a) Difficulty at work. This subfactor considers the complexity of the task to be developed and the frequency of possible incidents.
b) Special skills. This subfactor determines the skills that are required for certain jobs, such as physical effort, manual dexterity, good vision, etc., and their frequency during the workday.
c) Working conditions: this subfactor appreciates the circumstances under which the work is to be done, and the extent to which these conditions make the work unpleasant.
The circumstances regarding the mode of work (night, shift, etc.) will not be included in this sub-factor.
V. Responsibility.
Factor in which the degree of autonomy of action of the holder of the function and the degree of influence on the results and importance of the consequences of the management are taken into account.
This factor comprises the subfactors:
a) Responsibility for management and results. This subfactor considers the responsibility assumed by the occupant of the post on the errors that may occur. Not only the direct consequences are valued, but also their possible impact on the company's progress. To assess the extent to which the work is supervised or subsequently checked is taken into account.
b) Interrelation capacity. This subfactor appreciates the responsibility assumed by the occupant of the post on contacts with other people, inside and outside the company to achieve the desired results.
VI. Command.
It is the set of tasks of planning, organization, control and direction of the activities of others, which require the necessary knowledge to understand, motivate and develop the people who depend hierarchically of the position.
To be evaluated, account should be taken of:
a) Task ordering capability.
b) Nature of the collective.
(c) Number of persons on whom the command is exercised.
Therefore, applying the above factors, 7 professional groups are obtained numbered 1 to 7 whose characteristics are as follows:
Group-1-
Definition:
The workers belonging to this group, plan, organize, direct, coordinate and control the activities of the company. Its functions are aimed at the establishment of policies aimed at the effective utilization of human and material resources, assuming responsibility for achieving planned objectives, making decisions (or participating in their (a) the development of the business of the company and the management of the company. Functions that involve the realization of complex and heterogeneous technical tasks with defined global objectives and high degree of demand in autonomy, initiative and responsibility. Functions that involve the integration, coordination, and monitoring of functions performed by a set of collaborators in a single functional unit. It also includes in this professional group functions that assume full responsibility for the management of one or more functional areas of the company from very broad general guidelines directly emanating from the management itself, those who must account for their management. Functions that involve performing technical tasks of the highest complexity and even participation in the definition of the concrete objectives to be achieved in their field.
Training:
Degree or knowledge acquired in the performance of your profession, equivalent, at least, to higher-grade university studies completed with sufficient professional experience and extensive specific training in the job position or middle-grade university studies, completed with a sufficient experience in your professional sector.
Jobs:
Technicians:
Director technical director production other management positions in technical areas.
Employees:
Managing Director.
Chief Financial Officer.
Commercial Director.
Director Marketing.
HR Director.
Other management positions in non-technical areas.
Activity and task relationship:
In general, the members of the steering committee.
Group-2-
Definition:
Functions that involve the realization of complex and heterogeneous technical tasks with defined global objectives and high degree of demand in autonomy, initiative and responsibility. Functions that involve the integration, coordination, and monitoring of functions performed by a set of collaborators in a single functional unit. Also included in this professional group are functions that assume a complete responsibility for the management of one or more functional areas of the company based on broad general guidelines directly emanating from the personnel belonging to the company. to group -1-or of their own management, to which they must account for their management.
Training:
Degree or knowledge acquired in the performance of their profession, equivalent, at least, to medium-grade university studies completed with specific training in the job.
Jobs:
Technicians:
Chiefs/managers: factory, production, maintenance, laboratory/quality, safety/PRL/environment.
Mine Facultative.
Other leadership positions in technical areas.
Employees:
Chief Administration.
Chief Commercial Officer.
Chief purchases.
Chief of staff.
Other head positions in non-technical areas.
Operatives.
General Manager.
Activity and task relationship:
Performing functions involving research or job control tasks with training to study and solve the problems that arise.
Technical responsibility of a laboratory or set of multiple laboratories.
Technical monitoring of a manufacturing process or section or the entire process.
Technical monitoring of a service group or all of the services and even all technical processes.
Coordination, monitoring, and sorting of heterogeneous administrative jobs or set of administrative activities.
Take responsibility for the operation on the data processing service set.
Analysis of computer systems.
Responsible for the sales network.
Group-3-
Definition:
Functions that involve the coordination and monitoring of heterogeneous tasks performed by a set of collaborators. Tasks which, even without assuming the requirement of maximum responsibility in the command, require in their development content prominently of an intellectual character in relation to the physical or manual character and/or human interrelation, within a framework of precise instructions for high technical complexity.
Training:
Degree or knowledge acquired in the performance of their profession equivalent, at least, to secondary education or second-degree vocational training, complemented by a sufficient experience in the workplace.
Jobs:
Technicians:
Technical quality control.
RR.LL Technical Prevention.
Engineers factory.
Employees:
Commercial Technician.
Top technical department (IT, financial, logistics, administration, etc.).
Official 1. Administration.
Delineant 1.
Other technical posts.
Operatives.
Section Manager (maintenance, production, warehouse, logistics, quarry, etc.).
Charge/Head Shift/Line.
Activity and task relationship:
Tasks that involve the responsibility for surveillance and enforcement of the media and security measures.
Project development and development tasks according to instructions.
Performing technical functions at the academic level, which consist of collaborating in research, quality control, studies, surveillance or control in industrial processes or in professional or scientific services advice.
Computer application analysts.
Activities with responsibility for ordering and monitoring the execution of production, maintenance, logistics, quarry, services, or administration tasks, or all of them.
Responsibility for a homogeneous unit of administrative character or the set of administrative services of a company.
Inspect or monitor the sales network.
Group-4-
Definition:
Functions that involve the coordination and monitoring of homogeneous tasks, performed by a set of collaborators in a smaller organizational state. Tasks that require in their development content of intellectual and/or manual character, in a framework of precise instructions of medium technical complexity, that are executed with autonomy within the established productive process.
Training:
Knowledge acquired in the performance of their profession equivalent to secondary education or second-degree vocational training, complemented by a sufficient experience in the workplace.
Jobs:
Technicians:
Analyst 1 lab.
Employees.
Administrative Officer 2.
Technical department (IT, financial, logistics, HR, etc.).
Delineant 2.
Operatives.
Mixer.
lime Horner.
Intermittent gypsum oven horner.
1. 1st retroexcavator operator 1.
Electrician 1. ª
Mechanic of 1. ª
Electromechanical.
Header co1 and co2.
Team Coordinator.
Vehicle driver greater than 7,500 kg.
Control room operator.
Barrel/gunner.
Activity and task relationship:
Tasks of physical, chemical and biological analysis, and laboratory determinations performed with a low level of supervision without necessarily indicating standards and specifications, involving the care of the apparatus and its approval, preparation of necessary reagents, collection of samples and extension of certificates and bulletins.
Outline tasks.
Translation, correspondent, typing, and telephone tasks with domain of at least one foreign language.
Accounting tasks consisting of gathering the elements provided by the contributors and making statements, balances, costs, treasury forecasts and other similar works based on the company's accounting plan.
Masonry, carpentry, electricity, painting, mechanical, hydraulic, pneumatic, such as welders, ferrallists, modelers, electricians, mechanics, electromechanics, etc., capable of solving all the requirements of your specialty.
Activities that include both material performance as well as the supervision and coordination of activities that may be seconded by several workers from an equal or lower professional group.
Large-tonnage truck drivers, greater than 7,500 kg., dealing with their maintenance and operation and repair of breakdowns that do not require workshop elements.
Pists whose handling of machinery involves responsibility for their maintenance and operation.
In the lime plants, the mixers, lime horneros, casks and gunners are given their technical specificity.
Control and throttling functions in production processes that generate product transformation.
Complex control and control functions in the production processes that generate decarbonation and regularity in the chemical transformation of the product.
Group-5-
Definition:
Autonomous execution works that usually require initiative and reasoning by the workers who play them under supervision responsibility for them and can be helped by another or other workers.
Training:
Degree or knowledge acquired in the performance of their profession equivalent to secondary education or second-degree vocational training, supplemented by specific training in the workplace.
Jobs:
Technicians:
Analysts 2.
Employees:
aux. Administrative.
Seller.
Department base technician (position for juniors in which you are in training for 24 months).
Operatives.
A mechanic of 2.
Electrician 2. º
Shredder/Machacer/Molinero.
Moisturizer.
A continuous cast of plaster.
Cal helper.
Operator auxiliary plants.
Plaster applicator.
Board Header.
Responsible line of fit.
Operatives of: Mixer, shear, edges, cardboard, bundler, stacker, calcination and ore store, dry, pastes.
Truck driver up to 7,500 kg.
Cart.
Analyst 2.
Activity and task relationship:
Ophimatic activities with sufficient capacity to achieve direct mail writing with verbal cues with good presentation and spelling.
Drafting of business correspondence, calculation of prices in view of offers received, receipt and fulfillment of orders, making proposals for response.
Elementary tasks consisting of establishing, based on accounting documents, a portion of the accounting.
Order fulfillment, merchandise review, and distribution tasks with records in books or machines to the effect of daily movement.
Masonry tasks, carpentry, electricity, painting, mechanics, etc., with sufficient capacity to perform the normal activities of the trade, such as welders, ferrallists, modelers, mechanics, electricians, etc.
Control and throttling functions in production processes that generate product transformation. Included in these functions and within this group are the operators of ancillary products and complementary products related to the system of installation of the plasterboard.
Regulatory and control tasks that are performed interchangeably and multipurpose in various phases and sectors of the manufacturing process with adequate and sufficient knowledge of each of their positions.
Activities on machines with a high level of automatism with complex requirements in their handling and which implies, with supervision, the responsibility in their maintenance and operation.
Carretillero is the professional (operator) that prevails over the road and deals with its maintenance, refuelling and operation. They also manage and perform the reception, distribution of the albarans and the preparation of orders.
In the manufacture of gypsum plates the operators of mixer, shear, edges, cardboard, bundler, stacker, calcination and warehouse of ore, drying, pastes and auxiliary plants.
This group includes those persons who perform their post on the basis of the university degree or professional training legally recognized or validated and without the necessary experience to perform their functions without monitoring. They are people of recent incorporation into the company or the post. The maximum length of stay of a worker as a base technician will be 24 months from the date of entry to the post. Once this time has elapsed, and depending on your performance, the worker may promote one of the following two technical middle or higher technical positions.
Group-6-
Definition:
Tasks consistent with the execution of operations that, even when performed under precise instructions, require adequate professional knowledge and practical skills and whose responsibility is limited by a direct or systematic monitoring.
Training:
Qualifications or knowledge acquired in the performance of their profession equivalent to secondary education or first-degree vocational training, supplemented by specific training in the workplace.
Jobs:
Technicians:
Lab Auxiliary.
Employees:
Operatives.
Manual Molding.
Automatic machine wrapper.
Auto-cast precast Paletizer.
partition operation.
Precast Scraper and Repin.
Plaster assistant for plaster.
Moisturizer Helper.
Activity and task relationship:
Activities on machines with a high level of automatism with average requirements in their handling.
Help tasks in warehouses that, in addition to loading and unloading tasks, involve other complementary to the stores.
Performing easy and routine analysis of easy checking and sampling functions and sample preparation for analysis.
Masonry tasks, carpentry, electricity, painting, mechanics, such as welders, ferrallists, modelers, electricians, etc., with sufficient capacity to perform the basic activities of the trade.
Tasks performed in handling simple machines that are not framed in higher groups and in a single phase or manufacturing sector.
Group-7-
Definition:
Functions consisting of operations carried out following a precise and concrete working method, with a certain degree of supervision, which normally require professional knowledge of an elementary nature and of a short period of time adaptation. Also included are operations that are executed according to specific instructions, clearly established, with a high degree of dependence, that require preferably physical effort or attention and that do not need specific training, except for occasional of an adaptation period.
Training:
The one of the required basic levels or knowledge and experience gained in the performance of your profession.
Jobs:
Technicians:
Employees:
Store.
Concierge.
Vigilant.
Operatives.
Factory helper/helper.
Auxiliary/Warehouse Helper.
Packaging and strapping operation.
Manual Wrapper.
Calator.
Escayola prefab manufacturing operation.
Auxiliary Plant Operary.
Cleaning staff.
Activity and task relationship:
Jobs in productive process machines, with simple and simple requirements in their handling, or auxiliaries of such processes that require specific training and knowledge.
Those who make use of easy-to-use, wheelbarrows, cranes, or the like.
Workers who start in the practice of masonry, carpentry, electricity, mechanics, painting, etc.
Elementary laboratory activities that consist of the correct preparation of analysis material.
Receive and dispatch functions that do not require special qualification.
Production verification jobs.
Manual activities on non-specialized tasks.
Manual load and unload operations.
Cleaning tasks.
Common Provisions
As an integral part of the description of all jobs, the following considerations are found:
1) Meet the security standards of the area where they develop the functions inherent in the job, all within the security policies of each company. Security does not involve ancillary work, but is implicit in the job description itself. Any worker has an obligation to collaborate in these tasks, even in matters not directly related to his or her job, when the needs or emergencies require it.
2) Meet the job control parts of the job job.
3) The classification system provided for in this Convention does not imply the obligation for undertakings to have all the places or places in which they are registered, nor does it limit the creation of new professional profiles according to the needs of each company.
4) The functional descriptions included in each group, or jobs are a written statement based on the analysis of the tasks and responsibilities of the post and do not assume a closed enumeration of the functions that are performed.
More beneficial conditions
If, as a result of the application of the new system of professional classification, a worker was to be assigned to a professional group below the level or category he had recognized, he would be respected the group with correspondence at the previous level or category that it held and this with the most beneficial personal condition character and will continue to perform the same functions as it performed until the date of assignment.
Concentration of salary levels in a single group.
When two or more salary levels are matched in a professional group, the minimum wage of the group is considered to be at the lower level.
Compensation and Absorption
The wage amounts generated in their case by possible reclassifications may be absorbed and compensated for all the wages of a homogeneous wage that the worker receives. This condition shall not be met with production premiums, weaning and tasks, i.e. quality or quantity supplements, whether these are fixed or variable.
Absorption and compensation can only be carried out by comparing concepts of a wage or extrasalarial nature globally and on an annual basis.
Job assessment and professional promotion.
The signatory parties to this agreement shall constitute a commission in order to establish the objective criteria for the assessment of jobs and professional promotion arising from the application of the classification system. professional.
This commission will be constituted the following month of the publication in the official bulletin of the state of the III collective agreement of those, cales and their prefabricated, having to have finalized their works before the completion of the validity of the same.
Adaptation Period
Companies will be able to adapt the new chapter of professional classification until 31 December 2011. The economic effects resulting from the application of the new chapter of professional classification shall apply from the date of its effective implementation provided that it is implemented before 1 January 2011. Where the date of implementation is after 1 January 2011, the economic effects shall in any case be 1 January 2011.
This model may not be applicable to companies that have a professional classification system of their own and in force, as in these cases, the adaptation to the new model by these companies will not be mandatory, being able to continue with its own classification system or the one that can decide by mutual agreement the company and the legal representation of the workers in each case.
For guidance purposes, in Annex II, a summary table of the professional classification is included.
CHAPTER V
Mobility Regime
Article 26. Functional mobility.
As long as the new system of professional classification referred to in the previous article is not in force, the worker must carry out the work and tasks entrusted to him within the general content of the benefit work. In this respect, functional mobility may be carried out within the undertaking, exercising as a limit for the undertaking, the provisions of Articles 22 and 39 of the Staff Regulations.
Article 27. Geographical mobility.
1. Shipments:
1.1 The transfer of workers to a work centre other than the same undertaking requiring changes of residence will require the existence of economic, technical, organisational or production reasons to justify it (Art. 40 E.T.).
The transfer decision must be notified by the employer to the worker, as well as to his legal representatives, at least thirty days before the date of their effectiveness. Notified of the transfer decision the worker may choose:
A) Accept the transfer with the right to receive the economic compensation provided for in this provision. In this case, the worker, likewise, if he were in disagreement with the business decision, without prejudice to the enforceability of the transfer, within 20 working days of the business notification, may challenge it on the judicial basis, by the procedural law provided for in the law of the labour market (Art. 138).
B) Terminate the contract of employment entitled to receive compensation of twenty days of salary per year of service, prorating for months the periods of time less than one year and with a maximum of twelve monthly allowances.
1.2 The worker who is the subject of the shipment shall receive an economic compensation for the travel expenses of him and his family, and for furniture and goods, and an amount equal to five allowances for each member of the family living together with the worker who move with him. It shall also receive an equivalent compensatory allowance, the first year of the shipment, at 35% of its gross annual salary perceptions which the worker has recognised at the time of the transfer, and 20% of the same. Salary module calculation the second and third year of validity of the measure of change of place of work. In the event that, within three years of the transfer, the contract for which the worker is responsible is extinguished, in respect of the latter compensatory allowance, he shall be entitled to receive only the proportion of the the annuity in which the worker's final disengagement occurs. You can also enjoy the permission set out in this collective agreement for home-transfer cases.
The effective payment of the first compensation shall be made at the time of the worker's acceptance of the shipment.
The remainder of the compensation provided for the second and third year of the transfer shall be paid at the time of the transfer of the twelve months and twenty-four months respectively.
1.3 The rules provided for in the preceding paragraphs shall not apply in the following cases:
A) When the move is made within the same municipal term.
B) When a distance of less than 15 km.
between the centre where the services were provided and the new place of workC) When between the place of habitual residence of the worker and the new centre of work there is a distance of less than 15 km.
2. Displacements:
2.1 To the concurrence of the objective causes foreseen in the E.T.
(Art. 40.4) the employer may make displacements of his workers who require that they reside in a different population from that of their habitual residence and have a duration of less than one year.
2.2 Companies shall freely designate workers who are to be displaced when the destination does not require overnight stays or when this circumstance does not last for more than three months.
In cases where the posting requires overnight stays outside the home and lasts longer than three months, the companies will propose the posting to the workers they deem appropriate to carry out the work and in the This procedure does not cover the posts to be provided, it will be made compulsory among those who meet the conditions of professional suitability to occupy the places, observing the following preferences in order not to be displaced:
A) Legal representatives of workers.
B) Physical and/or psychic decreases.
2.3 The business decision of posting that involves overnight stays outside your home must be notified in compliance with the notice periods set out below, which must be made in writing when the displacement is greater than fifteen days:
24 hours for less than 15 days.
48 hours when longer than 15 days and less than 90 days.
5 working days when longer than 90 days.
The requirement of notice shall not be required where displacement is caused by the production of casualties or damage to the workplace.
2.4 On displacements exceeding three months that do not allow the overnight stay at home, companies and those affected shall freely agree to the arrangements for workers to return to their home from time to time, which may consist of the grant of outward and return trips in all or part of the weekends, whether or not they are suitable for working days to facilitate regular visits to their home, concessions for periodic permits, grants from the movement of family members, etc. In the case of failure to reach agreements in this area, Article 40.4 of the Staff Regulations shall be provided for, with the right to a minimum of four working days of stay at their home of origin for a period of three months. movement, without counting as such travel, the costs of which shall be borne by the employer. On an individual basis, the accumulation of these days may be agreed, including, even, annual leave.
2.5 The displaced personnel will be linked to the working day, working hours and calendar in the arrival center. However, where the working day corresponding to the centre of origin is less than that of arrival, the excess shall be paid as if it were overtime, but shall not be counted as those exceeding up to the date of arrival. limit of the ordinary day in force in the new centre.
2.6 The posted worker shall retain the right to receive the same remuneration as it was recognised at the time of the change of place of work if it is higher than that in force in the new centre, with the exception of of the functional supplements if the supporting circumstances of the supplement do not appear in the new job. It shall also receive the travel allowances and travel expenses.
2.7 When the posted worker who is able to stay at his usual address will use the ordinary means of transport for more than 45 minutes in each of the round trip, the excess will be paid to him. pro rata of the salary convention, except that at present it is already consuming more than 45 minutes, in which case only the excess will be paid on that time.
CHAPTER VI
Working time and rest
Article 28. Working time and rest time.
1. Annual Day. The maximum duration of the annual working day during the years of the present agreement shall be 1740 hours per year.
2. Working time. It shall be the consideration of effective working time during which the worker is in his or her job.
It is not considered effective work times employees for the rest "of the snack" of the day as well as the necessary for the perception of haberes. However, the most beneficial conditions in this field shall be respected, at the entry into force of this General Convention.
3. Rest. -Whatever the distribution of the maximum day, annually computed in accordance with the previous paragraph, the system of mandatory minimum breaks-daily and weekly provided for in the legislation in force-must be observed, without this obstinate the possible irregular use of the day or the establishment, at the level of each company, of the corresponding shifts in order to keep the production process uninterrupted.
4. Work schedule. -In the field of each company, the corresponding work schedule will be established annually by agreement or agreement with the workers ' representatives. This timetable will include the corresponding distribution of the maximum annual working day, as well as respect for compulsory minimum breaks, in the legally established terms. The working calendar of each year shall be drawn up within the month following the official publication of the calendar of state, regional and local parties. It shall also be adequately displayed in each working centre for general knowledge.
5. Reduction of working time by reason of legal guardian. -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 carry out a paid activity, shall be entitled to a reduction of the working day, with the proportional reduction of the salary between, at least an eighth and a maximum of half of the duration of that.
It will have the same right to care for the direct care of a family member, until the second degree of consaguinity or affinity, which for reasons of age, accident or illness cannot be used by itself, and that does not carry out paid activity.
The kinship relationship required for the care of family members will be understood to apply to the couples in fact. However, if two or more employees of the same undertaking generate this right for the same deceased person, the employer may limit the simultaneous exercise for justified reasons of operation of the undertaking.
Article 29. Distribution of the day and shift regime.
1. Undertakings may distribute the day set out in the preceding article during the year, by means of uniform or irregular fixing criteria, affecting the uniformity or irregularity either in whole or in a different manner by sections or departments, for seasonal periods of the year or according to the forecasts of the different workloads and displacements of the demand or any modality.
2. Where an irregular distribution of the day is carried out by the undertaking, it shall be limited to the following minimum and maximum distribution ceilings: In daily computation it shall not exceed a minimum and maximum of 7 to 9 hours; the weekly calculation of such limits may not exceed 35 to 45 hours.
The minimum and maximum limits set out in the preceding paragraph may be modified at the company level by agreement with the legal representatives of the employees.
3. The irregular distribution of the day shall not affect the remuneration and contributions of the worker.
4. If, as a result of the irregular distribution of the day, at the expiration of his contract the worker would have performed an excess of hours, in relation to those that would correspond to a regular distribution, the excess will be paid in his settlement with an increase of 50% on the value of the ordinary hour.
5. Companies will also be able to establish the distribution of the day in the continuous production processes during the 24 hours of the day, through the system of work in shifts, without more limitations than the previous agreement with the representatives (a) the legal basis for workers, in the absence of representation, and for changes affecting a plurality of workers, with the approval of the Joint Committee, after hearing the workers concerned and subsequent communication to the employment authority. Where the business decision involves substantial modification of working conditions, the provisions of Article 41 of the Treaty shall apply.
Article 30. Overtime.
1. It is the will of the parties to contribute to the development of policies to promote employment. In this direction, the use of overtime must be of exceptional treatment and its compensation should preferably be in time of rest, which implies, by its very nature, to avoid the extension of the normal working day in its annual projection.
2. Overtime shall be taken into account for the excess of the working time exceeding the maximum working day of the current agreement or in the undertaking if it is lower. The hours to be carried out for reasons of prevention or repair of claims or other extraordinary damages shall be excluded from such consideration and their voluntary arrangements.
3. The excess of hours worked may be offset in cash or in time off. In the absence of a pact in this respect, it shall be understood that overtime shall be compensated by an equivalent rest period within four months of completion and a cash supplement of 50 per 100 of the value of the ordinary hour. The excess of the day compensated for rest in the period indicated shall not be counted within the limit of overtime, fixed at a maximum of 80 hours per year. Where, for reasons attributable to the employer, the worker has not been able to enjoy the compensatory rest within the four-month period, they shall be paid as overtime, in 150 per 100 of the value of the ordinary hour.
4. Where the economic compensation is expressly chosen, it shall be paid at least 150 per 100 of the value of the ordinary hour.
Article 31. Holidays.
1. Duration and remuneration.-The annual leave shall be at least 22 working days, with the safeguard that in any case the worker is obliged to comply effectively with the ordinary maximum day in annual computation.
Working days are understood to correspond to the distribution of the worker's day.
Holiday days shall be paid in accordance with the salary table applicable in each case and, failing that, the average of the ordinary wage remuneration due in the last 90 days immediate work to the start date of your enjoyment.
2. Accrual and interruption of the holidays. -Holidays will be lost for natural years of services provided to the company, also the days not worked for cause not attributable to the worker. The first year of services, if not complete, will give rise to a proportional duration of holiday period. In the event that a worker, having enjoyed the holidays in respect of the whole calendar year, dies out of his contract without having covered the period of accrual required, the amount of the amount shall be deducted from the amount of the payment equivalent to the remuneration corresponding to the days of the excess holiday which you have enjoyed in advance.
If during the enjoyment of the holiday the worker becomes a legal situation of temporary incapacity or maternity, the annual rest period is not interrupted, without prejudice to the right that assists him to perceive the difference that (a) the allowance for such a situation and the remuneration of the holiday, if this is greater.
3. Calendar of enjoyment. -Holidays are annual and compulsory enjoyment, establishing by the company and the representation of the workers the planning of the periods and dates most convenient for all, as well as their possible fractionation, in which case one of the following shall be at least 12 working days. The company will make the holiday calendar public at least two months before the start of its enjoyment.
In the event that the holiday period fixed in the holiday calendar of the undertaking referred to in the preceding paragraph coincides in time with a temporary incapacity arising from pregnancy, childbirth or breast-feeding natural or with the period of suspension of the contract of employment provided for in Art. 48.4 of the staff regulations, it shall be entitled to enjoy the holidays on a date other than that of the temporary incapacity or the enjoyment of the permit which by application of that provision, at the end of the period of suspension, even if finished the calendar year to which they correspond.
Also, if prior to the date set for the start of the holiday enjoyment, the worker will be in a situation of Temporary Incapacity, for reasons other than those mentioned above, and such situation Temporary incapacity is extended to all or part of the planned holiday period, the worker will be entitled to enjoy the holidays on a date other than that of the temporary incapacity, at the end of the period of suspension for this cause, even if the calendar year to which the holiday corresponds is completed.
Article 32. Permissions.
1. Legal status of permits. -Workers affected by this Convention shall be entitled to the paid leave referred to below, subject to prior notice, with the exception of urgency, and subsequent documentary justification.
2. Paid Leave Assumptions-The following paid leave assumptions are set:
A) By marriage of the worker, fifteen calendar days, enjoyed immediately, before or after, to the date of celebration.
B) Three calendar days for the birth of a child and for the death, accident or serious illness, hospitalization or surgical intervention without hospitalization that requires home rest, from relatives to the second degree of consanguinity or affinity. Where the worker needs to make an offset outside the residence population in a distance exceeding 100 kilometres, the time limit shall be four days.
C) By death of third-degree relatives of consanguinity or affinity: A natural day for burial assistance.
D) For the time required to perform examinations in official teaching centers.
E) For home movement within the province, two days; and four days if it is outside the province.
F) For the indispensable fulfilment of an inexcusable duty of a public and personal nature, for as long as it is necessary, except that it may be fulfilled outside the working hours, provided that it does not give rise to forced leave provided for in the following Article. Within this scenario, the time required for the renewal of the driver's license, DNI and NIE is expressly included.
G) 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 shall be increased proportionally in the case of multiple births.
The woman, by her will, will be able to substitute this right for a reduction of her working day in half an hour for the same purpose or to accumulate in complete days in order to extend the maternity leave to the completion of this one. The choice for the different alternatives will always be for the right-hand worker, who will be able to benefit from either of them, having initially opted for another.
H) By marriage of children, siblings, parents and relatives, up to the second degree of consanguinity, a working day extendable to two calendar days plus if there is displacement in the terms of paragraph b).
I) For the time required to go to the GP or specialist doctor.
J) In the case of child birth, adoption or acceptance in accordance with Article 48a of the Workers ' Statute, in the year 2010, the worker shall be entitled to the suspension of the contract for 13 days uninterrupted, extensible in the course of delivery, adoption or multiple reception in two more days for each child from the second. For the year 2011 they will be 4 weeks.
3. Extension of the system of permits to couples in fact. -In the matter of permits and licenses the legal regime will be extended here established, and to any effect, to the pairs in fact, regardless of the sex of its components, always that the co-existence for a minimum continuous period of at least two years immediately prior to the date of the application is established.
Coexistence shall be deemed sufficiently accredited by the presentation of the certificate of the registration of pairs of fact, a certificate of common registration or any other document which, on an official basis, accredit the situation of a couple in fact living together.
4. Unpaid leave.-In the event of extraordinary circumstances not referred to above, the management may grant unpaid leave for the time it deems necessary. By way of derogation from the foregoing paragraph, in the light of the circumstances of the case, the undertaking may not discount the salary, in whole or in part, for the time not worked.
CHAPTER VII
Exceed
Article 33. Legal status of the surplus.
1. Voluntary leave.-The worker with at least one year's seniority in the company is entitled to be granted the possibility of being on a voluntary leave of absence for a period of not less than four months and not longer than five years. This right may only be exercised by the same worker if four years have elapsed since the end of the previous leave.
In these cases, the surplus worker retains only a preferential right to the reentry into the vacancies, of the same or similar category to his or her, which would have been or would occur in the company, and whenever they request it with, less than one month before the end of the surplus.
2. Leave of absence for child and family care.
(A) Workers shall be entitled to a period of leave of absence of not more than three years in order to take care of the care of each child, whether by nature or by adoption or in the case of a child. permanent as a preadoptive, even if these are provisional, to be counted from the date of birth, or in the case of a judicial or administrative decision.
B) They shall also be entitled to a period of leave of absence, lasting no more than two years (with the possibility of split enjoyment) workers to care for the care of a family member up to the second degree of consanguinity or affinity, which for reasons of age, accident, disease or disability cannot be used by itself, and does not carry out paid activity.
The excess referred to in this paragraph constitutes an individual right of workers, men or 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 causative subject is entitled to a new period of leave, the beginning of the period will end with the one who has been enjoying himself.
The period in which the worker remains in a situation of excess shall be computable for the purposes of seniority. During the first year you will be entitled to the reservation of your job. After that period the reserve shall be referred to a position of employment of the same professional group or equivalent category.
However, when the worker is part of a family that has officially recognized the status of a large family, the reserve of his or her job will be extended to a maximum of 15 months in the case of a family. a large category, and up to a maximum of 18 months if it is a special category.
3. Forced leave. -Force leave shall be granted by appointment or election for a public or union office, if the territorial scope of the latter's functions is local or higher.
The surplus must apply for re-entry within the month following the end of the public or trade union charge, this right being lost if it is not made within that period.
4. Union leave. -Members of any of the trade unions who are signatories to this convention who are at least one year old in the company shall be entitled to a compulsory leave of absence when their trade union organisation proceed to his appointment or election, to hold a position of trade union management in the provincial, regional or national governing bodies of any of the federation organizations to the undersigned trade union federations. The duration of the leave shall be equal to the duration of the charge determined by the worker, with the worker having the obligation to inform the undertaking, within a period not exceeding the month, of the disappearance of the circumstances which led to his/her leave; case of failure to communicate within that period, shall lose the right to re-entry.
Reentry will be automatic and mandatory and the worker will have the right to occupy a place in the same group and place of work where he/she would be providing services before the forced leave occurs.
5. Common provisions for any type of excess.
A) The relationship of kinship required for the care of family members shall also be understood as applying to the partners in fact, in the terms provided for in the previous article.
B) The situation of surplus, whatever the type and cause, shall not affect the duration of the contracts provided for in Articles 11, 12 and 15 of the law of the workers ' statute.
6. Changes in the rules on leave. The Joint Committee referred to in Article 9 of this Convention shall follow up all the regulatory changes which may arise in relation to the provisions of this Agreement. Article 3, with special attention to the provision of leave for the care of children and family members. If necessary for the best application and understanding of the surplus regime, the Joint Committee shall adopt the necessary arrangements.
CHAPTER VIII
Remuneration scheme
Article 34. Economic rights of the worker.
1. Wage remuneration.-The workers affected by this agreement shall be paid for their professional services and for rest periods equal to that of the effective work, the amounts indicated, in money or in kind, in the wage tables reflected in this collective agreement, or in the employment contract if the agreed salary were higher.
2. Extranalarial concepts. -They will also be entitled, in the terms that are agreed in each case, to the extranalarial economic perceptions that will be established in terms of compensation, compensation, or assistance grants, and whose cause is not is to remunerate the work effectively provided.
Article 35. Wage structure.
In default of what is available in the collective agreement or agreement, the constitutive salary structure of the business consideration will have the following composition:
A) Base salary: This is the part of the remuneration of the worker fixed per unit of time, integrating all the remuneration concepts that do not have strict character and cause of any of the salary supplements.
B) Wage supplements: Retribuyen aspects or circumstances not valued through the base salary and integrables within the following concepts:
Personal: They value professional conditions of the worker not taken into account in determining the base salary.
Of job: It is the part of the remuneration that compense the presence in the job of special circumstances, such as increases by penalty, toxicity, danger, dirt, machines, flight, shifts, night work or any other work required by the worker on account of the characteristics of the job or the special way of carrying out his or her professional activity. This supplement is of a functional nature and, unless otherwise agreed, will not be of a consolidated nature. The right to your perception also requires that you are previously provided legally or conventionally.
By quality or quantity of work: such as premiums, incentives, commissions, assistance or assiduity, overtime, or any other that the worker must perceive for a better quality or a better quantity They are either going or not linked to a performance pay system.
Top-of-the-month periodic maturity: Such as extraordinary pagas, or profit share. In any case, the extraordinary rewards shall be those that are reflected in the annexes of salary tables or those corresponding to an agreement or a company agreement.
In kind: Such as food, housing, or any other business contribution that has no extrasalarial nature and has not been taken into account in determining the base salary.
By means of a company agreement or collective agreement, it will be determined, in addition to the specific type of complement to be established, its economic amount and the consolidable character or not of the same. In any case, the plus of nocturnity shall be equal to at least 25% of the basic salary.
Article 36. Plus industry convention/deletion of the age complement.
The plus of the sectoral agreement established by the second sectoral agreement of those, escayolas, cales and their prefabricated ones, is of compulsory application and affects all the companies and workers included in the field of application of the present convention. In this regard, it is expressly applicable to undertakings incorporated or which have commenced their business after the term of the said II agreement and to the employees who have been employed or have begun their service. also after the aforementioned validity of the Second Convention.
Your application regime is as follows:
1. Undertakings which, at the date of entry into force of this Convention, have not incorporated the added sector convention plus, in place of the seniority supplement, pursuant to Article 35 of the second sectoral convention of Those, plaster, cales and their prefab 2003/2007 (the aforementioned article is included, as Annex III), they will be obliged to incorporate it immediately for all the workers who come to perceive effectively the complement of antiquity to 30 June 2003.
2. The applicable arrangements, general characteristics and exceptions shall be those laid down in Article 35 of the Second Convention, agreeing on the parties to submit any discrepancies which may arise in this area to the Joint Committee of the present convention, prior to and mandatory for any judicial or administrative complaint.
3. Companies which have not incorporated the convention plus, shall incorporate it with an amount that is the result of applying the percentage that is applicable in each case on the base salary, which is considered to be in fourteen annual pages.
4. Undertakings which have applied the provisions of Art. 35 of the Second Convention at the time, and which have incorporated the plus of the Convention or other compensation of the seniority supplement, whatever their name, shall maintain it in the terms and with the the composition and regime with which they incorporated it at the time.
Article 37. Salary tables
1. The salary remuneration fixed in general in this agreement is reflected in the table of salary tables set out in the corresponding Annex.
2. Wage tables will have the following variation regime: During the year 2010 they will have an annual increase equivalent to the actual CPI that is registered in this year. Also, during 2011 the increase will be equivalent to the actual CPI recorded in that year.
3. Such increases shall be retroactive from 1 January of each year, adding this increase to the salary tables of the previous year and serving as the basis for calculation for the following year.
Article 38. Sectoral minimum wage.
1. A sectoral minimum wage is set for each of the professional groups, so that all the companies affected by this collective agreement must respect, as an imperative, the sectoral minimum wage which in each case proceed.
2. The amount of the sectoral minimum wage, for each group, shall be the amount shown during each year of the present sectoral collective agreement, taking into account that, in respect of the amounts in force at 31 December 2009, a the rate of increases equal to the one set out in Article 36.
3. The review clause (or salary guarantee) referred to in the preceding paragraph shall be the same as the case, terms and extent provided for in Article 36 (3) which precedes.
4. The quantities to be paid, irrespective of their denomination, for the purposes of extranalarial plusses, shall be equivalent to 8% of the sectoral minimum wage corresponding to the professional group 7, with the maximum limit, in any case, of 20% of the salary Current interprofessional minimum.
Article 39. Salary adequacy clause.
The companies affected by this sectoral agreement, in the corresponding process of adapting their remuneration structure and pointing economic amounts to the various concepts, will proceed to the establishment of the the absorption and compensation clauses referred to in Article 26.5 of the Staff Regulations Act, as well as, where appropriate, to the establishment of the corresponding "ad personam" guarantee clause.
Article 40. Payment of salary and other economic rights.
1. The settlement and payment of the salary, as well as other economic perceptions that come, will be documented by receipt of wages or electronic means in the form adjusted to the current regulations, with all the concepts due by the duly specified worker, it is therefore prohibited any salary pact for a global salary.
2. The salary shall be paid for monthly periods due, within the first four working days of each month following their accrual. The payment or signature of receipts that credit it will be made during the working day and in the center where the service is provided.
3. Companies are entitled to pay the remuneration and advances by cheque, transfer or other form of payment through banking or financial institutions, after communication to the legal representatives of the employees.
4. The worker, and with his authorization his representative, shall be entitled to receive, without arriving on the day indicated for payment and for one time per month, an advance on account of the work carried out. The amount of the advance may be up to 90% of the amounts due.
5. At the time of payment of the salary, or in the case of an advance on account, the worker will sign the corresponding receipt and be given a copy of the receipt.
CHAPTER IX
Disciplinary regime
Article 41. Principles of ordination.
1. The present rules of disciplinary regime pursue the maintenance of the labor discipline, fundamental aspect for the normal coexistence, technical ordination and organization of the company, as well as for the guarantee and defense of the rights and legitimate interests of workers and employers.
2. Any fault, provided that they constitute a contractual breach of the worker's fault, may be sanctioned by the management of the undertaking in accordance with the graduation set out in this Chapter.
3. Any failure committed by the workers shall be classified as minor, severe or very serious.
4. The absence, whatever their qualification, will require written and motivated communication from the company to the worker.
5. The imposition of penalties for very serious misconduct shall be notified to the legal representatives of the workers, if any.
Article 42. Graduation from fouls.
1. They shall be considered as minor faults:
A) Unjustified impuntuality at the entry or exit of the job up to three times in one month for a time of less than twenty minutes.
B) Unjustified inattendance at one day's work during the one month period.
C) Non-communication with prior due notice of the inattendance at work for justified reasons, unless the impossibility of the notification is proven.
(D) The abandonment of the post without cause for short periods of time and provided that this has not caused a risk to the integrity of the persons or things, in which case it may be qualified, according to the gravity, as severe or very severe.
E) Disattention and lack of correction in dealing with the public when they do not seriously damage the image of the company.
F) Neglect in the preservation of the material that is in charge or is responsible and which produce slight deterioration of the material.
G) Unusual drunkenness at work.
2. Serious faults shall be considered:
A) Unjustified impuntuality at the entrance or exit from work up to three times in one month for a total time of up to sixty minutes.
B) Unjustified inattendance at work of two to four days during the one month period.
C) Hindering, malicious omission and distortion of data that have an impact on social security.
D) The simulation of disease or accident, without prejudice to the provisions of point (d) of number 3.
E) The impersonation of another worker, altering the records and input and output controls of the job.
F) Disobedience to work orders and instructions, in particular those relating to safety and hygiene rules, the non-use of individual equipment, refusal to receive training actions in the field of prevention risks, as well as the recklessness or negligence in the work, unless they result in serious damage to the company, causing damage to the premises, machinery and, in general, to the assets of the undertaking or the risk of an accident to persons, in which case they shall be regarded as very serious misconduct.
G) The lack of communication to the company of the defects or abnormalities observed in the tools, tools, vehicles and works in charge of the company, where serious injury to the company has been caused.
H) The completion without the appropriate permission of particular works during the day as well as the use of useful tools, tools, machinery, vehicles and, in general, goods of the company for which it is not authorized or for uses other than those of the job entrusted, even outside the working day.
I) The breach or violation of must-reserve secrets that does not cause serious injury to the company.
J) The usual drunkenness at work.
K) The lack of grooming and personal cleansing when it may affect the production process or service delivery and provided that, in advance, the company's timely warning has been mediated.
L) The poor performance of the jobs entrusted, provided that this does not result in serious harm to people or things.
M) The decrease in normal performance on the job in a non-repeated manner.
N) Proffered or work-related offenses committed against persons, within the workplace, when they are considered to be serious.
O) The recidivism in the commission of five minor faults, even if they are of different nature and provided that it has been mediated different from the verbal admonition, within a trimester.
3. They shall be considered to be very serious:
A) Unjustified impuntuality at the entrance or exit of the job on ten occasions for six months or in twenty for one year, duly warned.
B) Unjustified inattendance at work for three consecutive days or five alternate days in a period of one month.
C) Fraud, disloyalty or breach of trust in the management or appropriation, theft or theft of property owned by the company, colleagues or any person within the company's premises.
D) The simulation of illness or accident or the prolongation of the sick or accident discharge in order to carry out any work for own or other account.
E) The breach or violation of must-reserve secrets that cause serious injury to the company.
F) Usual drunkenness or drug addiction if it has a negative impact on the job.
G) Performing activities that involve unfair competition to the company.
H) The voluntary and continuous decrease in the performance of normal or agreed work.
I) Failure to observe maintenance services in the event of a strike.
J) Abuse of authority exercised by those who perform command functions.
K) Sexual harassment.
L) The reiteration in the non-use of the personal protective equipment and in the disobedience or non-compliance with the orders and instructions in the field of risk prevention, when they have been duly warned.
M) The derivatives of paragraphs 1, d) and 2, l) and n) of this Article.
N) The recidivism or reiteration in the commission of serious misconduct, considering as such a situation in which, prior to the moment of the commission of the fact, the worker would have been punished two or more times for faults serious, still of a different nature, over the period of one year.
Article 43. Penalties.
1. The maximum penalties to be imposed by the commission for the offences listed in the previous article are as follows:
A) For a minor lack: Verbal or written assembly and suspension of employment and pay of up to two days.
B) For serious misconduct: Suspension of employment and salary of three to fourteen days.
C) For a very serious lack: Suspension of employment and salary of fourteen days to one month, transfer to a different town centre for up to one year and disciplinary dismissal.
2. The unfavourable entries which, as a result of the penalties imposed, may be entered in the personal files shall be cancelled at the time of two, four or eight months ' time, in the case of a minor, serious or very serious serious, without preventing the application of the reoffending criteria established for the graduation of the faults.
CHAPTER X
Collective representation and trade union rights
Article 44. Unitary representation of workers in the company.
The business committee and staff delegates shall be entitled to receive information, to issue reports, and to exercise the oversight work on matters expressly provided for by the applicable legal standards.
In addition, they shall enjoy the guarantees in disciplinary matters, non-discrimination, exercise of freedom of expression and provision of the schedules provided for in this article.
Article 45. Electoral process. Candidates.
Workers who are 18 years of age and a minimum of 3 months in the company, provided that they have passed the test period, will be eligible in the elections for workers ' representatives as expected. in Section 2, Article 69 et seq. of the Staff Regulations.
Article 46. Credit schedule.
The members of the business committee and staff delegates will have a credit of paid monthly hours, according to the following scale:
Centers for up to 100 workers: Twenty hours.
Centers from 101 to 250 workers: Twenty-five hours.
Centers from 251 to 500 workers: Thirty hours.
501 to 750 workers centers: Thirty-five hours.
Centers from 751 onwards: Forty hours.
The credit of paid monthly hours of the members of the business committee or staff delegates may be cumulative to any of its components, without exceeding the maximum total. Such cumulation may be computed for periods of up to 3 months.
In order for the accumulation provided for in the preceding paragraph to operate, it will be a prerequisite for the company to be prevented from making such a decision at least 15 calendar days in advance. To this end, the worker or workers who give up their trade union hours and the representative or representatives to whom the hours transferred are accumulated shall be identified. Failure to observe such a time limit shall require agreement between the parties.
Not to be counted within the hours previously indicated credit, the time spent in meetings convened by the management of the company or the time of the displacements to attend such meetings, as well as the time used in the negotiation of conventions, when the company is affected by the scope of the convention.
The credit hours fixed may also be used for the assistance of legal representatives of workers to training courses or other similar union activities determined by the union to which they belong, prior to the appropriate call and subsequent justification for assistance.
Article 47. Competence of the legal representatives of workers.
Business committees or staff delegates, as appropriate, will develop in their respective areas of representation, the competences and functions of information-active and passive-, of consultation and negotiation, according to each legally provided for, in the terms and conditions laid down in Article 64 of the law of the workers ' statute and other laws which are of reference to the participation of workers in the undertaking.
They will also receive prior information regarding any target dismissal that is intended to be made by the management of the respective companies.
In addition, they will be monitoring the quality of teaching, the effectiveness of vocational training and the training of workers in the company.
Article 48. Right of Meeting.
Workers in a company or workplace have the right to meet in an assembly, which may be convened by staff delegates, business committee or working centre, or by a number of workers not less than thirty-three percent of the template.
The assembly shall be chaired, in any case, by the business committee or by the staff delegates, jointly, who will be responsible for their normal development, as well as the presence in the assembly of non-members of the assembly. to the company.
The president of the assembly will communicate to the management of the company the call and the names of the people linked to trade union organizations, not belonging to the company, that will attend the assembly. Where, in any event, the entire establishment cannot be met at the same time without prejudice to or changes in the normal production development, the various partial meetings to be held shall be considered as one and dated on the day of the first.
Assemblies will be held outside of working hours. The holding of the assembly shall be brought to the attention of the management of the undertaking at least 48 hours in advance, indicating the order of the day, persons holding the presidency and the foreseeable duration.
By way of exception, workers are recognized as having the right to hold information meetings with a maximum duration of one hour each year during the working day.
Article 49. Interagency committee.
In all companies that have more than one work centre, interagency committees can be set up as a centralised body for the representation of workers. Its creation will take place by a majority of the existing works councils or staff delegates in various work centres or departmental lines in which the business unit is structured.
The interagency committee shall be composed of a maximum of 13 members and a minimum of 5.
In the constitution of the interagency committee the proportionality of the unions will be preserved, according to the electoral result considered overall.
The interagency committee will be assigned, at the company level, to promote and defend the economic and social interests of the workers.
The interagency committee shall govern its action by means of the operating regulation which it itself disenacts, meeting at least once a year.
Companies that belong to the same economic group are engaged in some of the activities to which this collective agreement extends, they may agree with the workers ' representatives to create a committee intercentres for all companies in the group.
Article 50. Trade union representation in companies.
In companies that have a staff of more than 100 employees, whatever the class of their contract, the representation of the union section of the corresponding union that counts, at least, with 10 per 100 of representativeness shall be exercised by a trade union delegate, in accordance with the terms laid down in organic law 11/1985 of 2 August. The number of union delegates shall be two when the workforce exceeds 500 workers.
The union that accredits sufficient representation will indicate to the company the name of its delegate, who must be a worker of the own company or center in question and, if possible, an elected member of the organ of representation corresponding unit.
The company, once accredited by the union delegate, will recognize the union delegate as a representative of the union for all intents and purposes.
In the performance of their union representation, the union delegate who is not a representative elected by the workers will enjoy the same guarantees and information rights as the unit representatives, with their responsibilities those provided for in the legislation or standards that develop it.
Trade union sections of the most representative trade unions in the enterprise or workplace will have the right to use a bulletin board and, in addition, the appropriate premises in which they can develop. their activities, provided that the working center meets the appropriate space conditions.
In the workplace, at the request made in writing by each of the workers affiliated to the various legally constituted unions, the companies will discount the monthly payroll, the union fee corresponding to those workers.
Companies shall carry out the above mentioned actions, unless otherwise specified, for periods of one year.
The worker may, at any time, cancel the granted authorization in writing.
The payment of the amount collected by the company will be made effective, for months due, to the corresponding union, by means of transfer to your bank account.
Article 51. Duties and rights of the trade union delegate.
Raise fees and distribute union information, outside of business hours, and without disrupting the business's normal activity.
Represent and defend the interests of the union to whom it represents and its members, in the workplace, and serve as an instrument of communication between the union or the trade union and the management of the company.
Attend business committee meetings of the workplace and safety and hygiene committee at work, with voice and no vote.
Having access to the same information and documentation as the company makes available to the business committee, respecting the same guarantees recognized by law and this agreement to the members of the business committee, and being obliged to keep professional secrecy in all the materials in which it is legally applicable.
It will be informed and heard by the management of the company in the treatment of those problems of a collective nature that affect, in general, the workers of its center of work and, in particular, the members of its trade union working at such a center.
The union delegate will have his duties to perform the union functions that are his own, adjusting, in any case, his conduct to the current legal regulations.
Participation in the negotiations of the collective agreements: to the trade union delegates who participate in the negotiating commissions of collective agreements, maintaining their links as workers of some company, they shall be granted paid leave by them in order to facilitate their work as negotiators and during the course of the above negotiation, provided that the undertaking is directly affected by the collective agreement in question.
Meet, outside of business hours and without disturbing the normal activity of the company, with the workers of this affiliate to your union.
Insert statements in the bulletin boards, provided for this purpose, that may interest the union members and the workers of the center.
Trade union delegates, provided they are not part of the business committee, shall have a credit of paid monthly hours, in equal terms and content as those referred to in the article " representation of the workers " of this convention.
CHAPTER XI
Prevention of occupational health risks/occupational health
General Conditions
The parties to this Convention are aware of the need to carry out an operational policy in the prevention of occupational risks, to take the necessary measures to eliminate the risks and accidents in enterprises, the promotion of information and the promotion of the training of workers and their representatives.
The integration of risk prevention at all hierarchical levels of the company actively involves all of them and assumes the assumption of the obligation to include risk prevention in any activity that make or order and in the decisions that you make in all areas and productive processes.
Equally, the active involvement of workers, prevention delegates and health and safety committees in the responsible compliance with their preventive obligations is one of the key elements for the integration of prevention is an effective reality.
As a result, in addition to the legal provisions for the development of the rules on the prevention of occupational risks, the provisions of this chapter shall be taken into account.
Article 52. Joint Committee on Safety and Health at Work.
The joint state security and occupational health commission will be composed of four representatives of the trade union organizations (FECOMA-CC.OO and MCA-UGT) and four of the business representatives. (ATEDY and ANCADE) signatories to this convention.
The rules of operation of the agreement will be established through the corresponding regulation, which will be approved unanimously by its members at the first meeting after the signing of this agreement. In the sector covered by this Convention, the following tasks may be carried out, without affecting the system of obligations which the undertakings concerned are responsible for:
You will be responsible for developing, monitoring, and interpreting the contents of this chapter.
Propose the carrying out of studies, analysis and diagnosis of the working conditions, damage to health and implementation of the activity and preventive management in the sectorial field.
Elaborate proposals for specific training plans in preventive matters.
Propose criteria for risk assessment, prevention planning, prevention, health surveillance, training plans, and information systems.
Develop proposals, develop and manage the application of economic aid to public and private institutions and foundations to develop action plans.
Mediate in the company that so requests for safety and health at work.
How many other functions related to risk prevention in the sector that are unanimously agreed by the members of the committee itself
For the development of the intended activities, the parties may designate the advisors they deem necessary.
In the face of the approach by some of the parties to a collective conflict procedure that has relation to the subject matter regulated in this chapter and prior to the initiation of an administrative or judicial procedure, it will be reported in any detail to this committee about the circumstances which are present and the substance of the question raised. The committee shall deliver an opinion proposing, where appropriate, the various possibilities which may be considered in order to avoid conflict.
During the period of one month, the commission may obtain from the parties the documentation, analysis, studies ... which it considers appropriate in order to assess with due objectivity the circumstances that will be present in the case and will issue the corresponding opinion. The period of one month may be extended, after notification to the parties concerned, where the seriousness or complexity of the question referred to it so advises.
Once the opinion has been notified to the parties with the conclusions in their case adopted to avoid the conflict, the parties 'willingness to accept them or the approach of the collective conflict procedure is left to the parties' will. in accordance with the legislation in force in this field.
Article 53. Preventive organization.
All work centres, depending on the relevant risk assessment, will be provided with a planning of the preventive activity, which will include personnel from the company itself or, where appropriate, from outside the company itself. sufficient training, in order to implement the requirements of the same, and to make the integration of the general business of the company effective with that of the prevention services. The legal representatives of the workers will be consulted in the elaboration, monitoring and evaluation of the results of the planning.
In the field of risk prevention, the company will take into account the current legislation of application, in such a way as to show:
A) That the prevention of occupational risks has been integrated into the general management system of the company, both in the whole of its activities and in all the hierarchical levels of the company.
B) That the hazards and risks posed by workers in the workplace have been identified and assessed, both in relation to work equipment and the workplace environment.
C) That the conception and use of the equipment and workplaces are safe, in accordance with the principles of preventive action laid down in Article 15 of the LPRL.
D) That proper maintenance management of work equipment has been planned to ensure that security is not degraded.
E) That appropriate measures have been envisaged to eliminate hazards and minimise risks, in order to achieve the objectives set by labour law.
F) That the structure, dedication of personnel, the means available to the prevention organs and the economic means are adequate and sufficient for the preventive activity.
G) That emergency and health surveillance measures, as provided for in Articles 20 and 22 of the LPRL, have been integrated into preventive activity.
H) The conditions, organization, working methods, and health status of workers in relation to concurrent specific risks are regularly monitored.
I) That training, information, consultation and adequate participation of staff, in the field of health and safety, have been planned and planned.
J) That the necessary measures are planned to ensure the coordination of business activities in the workplace.
The planning of the preventive activity should include the relevant safety and health incidents in the workplace, as well as the periodic monitoring of the working and working conditions. employee activity, safety and health measures, and the results of the assessments or audits of the management system for the prevention of occupational risks.
All approved preventive activities should incorporate the deadline for carrying out the preventive activity and the provisional risk control measures. Where the period in which such planning is to be carried out covers more than one year, the provisional actions to be implemented in the period shall be indicated within the annual programming period.
Any job at risk of exposure to chemical or physical agents should be assessed having previously been informed to the prevention delegates to facilitate their presence.
In the case that a company considers it necessary to penalize some worker for the cessation of work based on the assessment of serious and imminent irrigation, it must inform the delegate of prevention or committee of security and health, if any.
Article 54. Workers ' rights and obligations. Health surveillance.
It is up to each worker to ensure, according to his or her possibilities and through compliance with the preventive measures that in each case they are adopted for their own safety and health at work and those of other persons which may affect their professional activity, using protective equipment and the means of individual and collective protection in a correct manner, in accordance with the instructions received from the employer. The worker, in the provision of his services, shall be entitled to effective protection in accordance with the rules in force on the prevention of occupational risks.
The worker will be obliged to follow and comply with the guidelines arising from the training and information received from the company. In general, the worker must comply with the obligations laid down in Article 29 of Law 31/1995 on the prevention of occupational risks.
The workers covered by this Convention shall be entitled to a supervision of their health, by the company, aimed at detecting and preventing possible damage caused by the risks arising from the work. The medical tests, linked to the risk assessment, will therefore be specific to the detection of possible health changes.
A specific medical examination will be carried out at the time of the entry and in accordance with the job to be performed, as well as the periodic and punctual acknowledgements resulting from the preventive activity. They are recognized as mandatory medical protocols for the application of the health and consumption ministry.
When the worker completes his or her employment relationship and so requests, he/she will receive a copy of his/her personal history referred to in Article 37.3 (c) of RD. 39/97 of 17 January, approving the regulations of the prevention services. The employer shall mediate in order to facilitate the delivery of the said copy when the company has a foreign prevention service.
In the management of the data of the medical examinations it will be ensured the confidentiality of the same and will be developed in the way of statistics for knowledge of the committee of safety and health or delegates of prevention in what refers to the problems that affect the template. Particular emphasis shall be placed on diseases of a common or professional nature that affect the whole of the template.
Article 55. Training in the field of prevention.
Training of workers. In compliance with the duty of protection, the employer must ensure that every worker receives sufficient and adequate theoretical and practical training in preventive matters.
The following programs are defined as sufficient and appropriate in the scope of this convention:
Specific level by trades:
1. Preventive techniques of trade and function.
2. Means, equipment and tools.
3. Interference in activities.
4. Rights and obligations.
Module duration: 20 hours.
General basic level:
1. Basic concepts about the elementary organization of prevention.
2. Elementary preventive techniques on generic risks and prevention of the same.
3. First aid and emergency plans.
Module duration: 10 hours.
Training may be provided by the company's own or concerted business prevention service, by workers with a qualification level in intermediate or higher risk prevention, or by any other entity. specialised and approved. All this is done by the company's own resources as well as from grants to training programmes.
Article 56. Prevention delegates.
(A) Prevention delegates must have the status of workers ' representatives (staff delegates or members of the business committee), unless by majority agreement of those representatives they elect the latter. a centre worker who considers it more appropriate for the performance of the functions linked to prevention.
B) As regards its powers and powers, as well as all related guarantees and professional secrecy, it shall be as provided for in Articles 36 and 37 of Law 31/1995.
C) Likewise, these prevention delegates will have the same credit schedule as the staff delegate or business committee for the performance of their duties and their training.
Objectives-form
In compliance with its preventive obligations, the company will provide the prevention delegates and components of the safety and health committee at work with a course comparable to the basic level of 30 or 50 hours as provided for in the the regulation of prevention services and in the light of the activity carried out in each workplace. The objectives of this type of training will be:
A) Promote safe behaviors and the proper use of integrated preventive action teams.
B) Promote basic preventive actions and carry out their monitoring and control.
C) Perform elementary risk assessments.
D) Collaborate on the assessment and control of the company's general and specific risks.
E) Act in case of emergency and first aid.
F) Cooperate with prevention services.
The courses will be funded by the company, and will be directed to facilitate the activities of the prevention delegates. The courses must be consulted with the health and safety committee, being imparted by official bodies, employers ' associations or trade unions or by other entities approved by the corresponding labor authority, with the participation of the employees ' representatives in the planning of training activities.
Companies will provide information to workers on environmental issues, with particular reference to those related to the field of preventive activity. The information shall be given to the prevention delegates or to the workers appointed by the workers ' representatives, to whom the provisions of Article 37 of the law on the prevention of occupational risks shall apply and shall relate to: to:
Circumstances involving a significant change in the working environment and a substantial change in the environmental risks for workers, as well as the measures taken to improve the environment. resolve them.
Of the anomalous situations that occur in the workplace related to the environment and the measures taken to resolve them.
Agreements and decisions that the competent authorities adopt with respect to the workplace related to these aspects, as well as the effects and measures to be implemented at any time.
Autonomous, national or community legislative development on the environment.
The representation of workers will be able to propose initiatives aimed at improving the environmental situation.
Article 57. Safety and health committee.
In workplaces where there are more than fifty workers, a safety and health committee shall be set up at work, consisting of at least two prevention delegates appointed from among the staff delegates. equal number of company representatives.
In the documentation referred to in Article 23 of the LPRL, the decisions of the safety and health committee shall be attached, forming a whole with the same, with an indication of their date of adoption, scope of action and implementation. They shall also be accompanied by observations which the representatives of the employees consider appropriate. The meetings of the health and safety committee shall be held on a quarterly basis and, exceptionally, in the event of serious events within 24 hours, at the request of any of the parties that constitute it. In the workplace where there is no obligation to constitute a safety and health committee, regular meetings shall be scheduled every three months with the prevention delegates.
The components of the prevention service, as well as the persons who habitually perform their work in this field, including the medical staff, may attend them if the parties consider it appropriate, with voice but no vote and in order to advise the committee technically.
Article 58. Work garments and personal protective equipment.
1. The company has an obligation to ensure the hygiene of the working environment, providing the appropriate individual or collective elements according to the characteristics of the workplace.
It is a fundamental part of the policy of risk prevention in companies to equip workers with the right work clothes for the functions to be developed, both in quantity and in quality.
By agreement between the management of the company and the prevention delegates or workers ' representatives, the periodicity and type of garments to be delivered to the workers shall be established, with a minimum of two deliveries per year. On the other hand, the company is obliged to immediately replenish the damaged garment.
In case of no legal representation of the workers, the companies will be obliged to facilitate two equipments of complete workwear suitable to the climatology and conditions of the work and they will be supplemented with those garments which are necessary for their calorific or impermeable reinforcement (parcas, waistcoats, caps, gloves or manoplas, chubaskers, high rubber safety boots). Where there is a discrepancy between worker and company on the use of footwear, manopus or other equipment, the matter shall be transferred to the Joint Working Health Committee, which shall issue the appropriate report.
The necessary equipment will be delivered to new hiring workers, at the beginning of their activity.
The involuntary deterioration of these garments due to their own work will result in immediate replacement.
2. In the case of work which so requires, the corresponding personal protective equipment shall be given to the workers. Where, between undertaking and worker, there are discrepancies in the use of the same, the question shall be referred to the safety and health committee or the prevention officer, who shall issue the appropriate report.
In view of the significant presence of any physical, chemical or biological contaminant detected in the risk assessment, when the recorded values are close to the environmental application limit, even if the environmental limit is not exceeded. limit, the employer shall be obliged to provide the personal protective equipment to those workers who so request. Similarly, in the event that the management of the centre of work detects a potential risk which is not included in the risk assessment of the post, it may eventually establish and after consultation with the prevention delegates or committee of health and safety, the necessary means of protection until a new risk assessment is carried out.
Article 59. Special situations of risk.
Where the change of job referred to in Article 26 of the LPRL is not technically or objectively possible or cannot reasonably be required for justified reasons, the worker may apply for the suspension of his employment contract, with the right to reserve the post and to apply for the corresponding economic benefit of social security. In such cases, the undertaking shall supplement that benefit to one hundred per cent of the regulatory base for the duration of the said situation.
When a worker was considered by the competent medical service to be particularly sensitive to certain risks of his or her job, and there was no equivalent job exempt from exposure to such risks, the a worker may be assigned to a post which may not correspond to his or her group or equivalent category, compatible with his health status, but shall retain at least the right to the set of remuneration of his or her post of origin.
Article 60. Contractors, subcontractors and temporary work enterprises.
Employees of contractors and subcontractors, where they do not have legal representation, shall have the right to ask the representatives of the workers of the main undertaking, questions concerning the conditions (i) the implementation of the work activity, while sharing the work centre and lack of representation.
The provisions of the preceding paragraph shall not apply to the worker's claims in respect of the undertaking on which they are dependent.
Without prejudice to the information and coordination obligations imposed by Arts 24 and 28 of the LPRL, the companies will require ETTs, at the time of the provision of the employees, to the accreditation of the Following ends:
Professional qualification of the worker on mission
Training in the field of occupational risk prevention, both of a basic character and of a specific nature to the job for which the provision of a worker has been requested.
Identification of the training course: name and training module; cabinet or institution that imparted it and the number of hours allocated to the aforementioned training action.
CHAPTER XII
Supplementary Social Forecast
Article 61. Compensation for permanent incapacity and death.
1. Workers affected by this sector collective agreement shall be entitled to compensation, which shall be complementary to the social security benefits where appropriate, when they are in a situation of permanent incapacity or Death by accident or illness, regardless of the cause. The configuration of the permanent disability contingencies, in the degrees of total, absolute or great invalidity, as well as death and survival, shall be governed by the rules of qualification and accrual provided for in the social security regulations for the same, whether they are caused by illness or accident, whether they are common or work.
2. Without prejudice to the provisions of the respective company agreements, the compensation provided here shall be at least the following amounts:
(b) In the event of total permanent incapacity, absolute or great invalidity, as well as death resulting from a common illness or non-work accident: three monthly salary allowances to the date of the causative event.
(c) In the event of total permanent incapacity, absolute or great invalidity, as well as death resulting from occupational disease or accident at work: EUR 42,000 from 1 January 2010.
3. In the case of death, the compensation to be paid shall be paid to the person or the deceased worker who has declared a beneficiary in the relevant policy and, failing that, to the spouse, children, parents, siblings and other heirs. legal, in this order.
4. For the adequate guarantee of the forecasts contained in this article, the companies are obliged, in accordance with the law 30/1995, to formalize the corresponding insurance policies with duly authorized insurers or through any other legally provided means of insurance.
Article 62. Business add-ons of security economic subsidies.
A) At risk during pregnancy: The workers affected by this Convention shall be entitled to a business supplement on the economic subsidy for social security, where appropriate to find in risk situation during pregnancy. The amount of the supplement is to guarantee 100 per 100 of the corresponding table salary, for the duration of this subsidized situation.
B) In the event of temporary incapacity for professional contingencies: The workers affected by this Convention shall be entitled to a business supplement on the economic subsidy for social security during the temporary disability due to an accident at work and occupational disease. The amount of this supplement is to guarantee 100 per 100 of the contribution base of the previous month, not including the part of overtime, nor the pro rata of the extraordinary payments, which will be collected on their payment dates. these effects.
C) Under temporary incapacity for common contingencies: Workers affected by this Convention shall be entitled to a business supplement on the economic subsidy for social security during the situation temporary incapacity due to common illness and/or non-work accident. The amount of this supplement is to guarantee 100 per 100 of the corresponding table salary. This business supplement will become due to the processes whose duration exceeds 21 days of absence, perceiving from the twentieth first of the formally accredited discharge, and without exceeding in any case the eighteen months computed from the day The initial reduction. In addition, this business supplement will only be carried out when the collective rate of absenteeism at the workplace to which the worker in question is in a situation of IT does not exceed 2,5 per 100 in the 12 months preceding the date of effect. of the requested add-on.
For the purposes of the foregoing paragraph, the absence of temporary incapacity for work resulting from a common illness or non-work accident shall be understood as absenteeism and shall be the result of the following formula:
|
absenteeism = -------------------------------------------------------------------------------------------------------------------- x 100 |
| theoretical hours of the period considered by the number of template |
The resulting absenteeism index will be notified month to month to the company's legal or union representatives; failure to comply with this procedure will not free the company from the commitment to supplement the social security even if your absenteeism rate is higher than 2.5 per 100.
Additional disposition. Mandatory retirement.
1. The parties to this Convention, who are aware that a policy of employment is necessary to improve the stability and quality of this agreement, lay down compulsory retirement at the age of 60 and five years, except for the (a) on the other hand, of workers who have covered the minimum legal period of absence in order to obtain it and fulfil the other conditions required by social security legislation in order to be entitled to a retirement pension in their contributory mode.
2. This compulsory retirement is linked to the objective of improving the quality of employment through the various measures incorporated in this Convention aimed at promoting stability in employment and improving the quality of employment, such as the such as those adopted in the field of vocational training, in the field of the prevention of occupational risks such as the regulation of a joint body in preventive matters, the establishment of training programmes and specific content on preventive matters, the objectives of which are the promotion of vocational training, improvement of health and safety at work, as well as raising the professional qualification of the sector, in order to professionalize and dignify the various trades and jobs of the sector ".
ANNEX I
Professional training
The organizations that are signatories to this Convention are aware of the need to strengthen the continuing training of workers in the sector, and agree to incorporate the content of this chapter as better. formula for organizing and managing continuing training actions to be promoted.
In this respect, the parties are referred to the actual decree 395/2007 of 23 March 2007 (BOE of 11.04.2007), which regulates the subsystem of vocational training for employment.
Art. 1. Material scope.
The scope of these rules will be subject to all the training plans whose activities are included in the functional scope of the rules based on the provisions of Article 1 of Royal Decree 395/2007
Art. 2. Initiatives to training.
The organisations that are signatories to this agreement, as well as those in the lower areas and companies and workers in the sector will be able to apply for funding for the development of training initiatives. referred to in Article 4 of royal decree 395/2007 of 23 March, with the requirements contained in that rule and its development order.
Art. 3. Training modalities and individual training permits.
Companies may opt for any of the training modalities referred to in Article 8. of Royal Decree 395/2007 of 23 March.
However, the company must submit to the workers ' legal representation information, and if it does not exist, to the necessary conformity of the workers affected by the training actions which they implant and which affect them, in accordance with and in accordance with the terms of Article 15 Royal Decree 395/2007 of 23 March 2007.
It is understood by individual training permit, in accordance with the provisions of Article 12 (3) of Royal Decree 395/2007, that the company authorizes a worker to carry out a training action which is recognised by official accreditation, including those relating to certificates of professional qualifications which constitute the training offer of the national catalogue of professional qualifications, in order to promote their development professional and personal, and such permits may also be used for access to processes to establish regulatory standards for the recognition, assessment and accreditation of professional skills and qualifications acquired through work experience and other non-formal and informal learning. As a result, the number of hours of leave granted to the worker for training may be compensated by the company from its training credit for employment.
In order to be eligible for such individual training permissions, the following requirements must be met, cumulatively:
Employees who provide their services in private companies or public undertakings which are listed in social security as vocational training, and have obtained the concession from the company permission.
The training referred to in the individual permits must be recognized by an official qualification, or by an official accreditation. Official accreditations are those that are provided for in the state regulations and have been issued by the competent administration and published in the corresponding official bulletin. The official qualifications are those degrees that have been issued by any public administration, published in the official gazette of the state and valid throughout the Spanish state. Also, university courses that have the consideration of their own university degrees by resolution of the governing board or social council of the corresponding university are considered. Official qualifications may be completed in public or private institutions, provided that the latter are approved and approved by the competent ministry in the field of the general administration of the state or departments. in the field of autonomous communities which have assumed competence in this respect.
The refusal of the authorization of the permit by the company must be motivated and will be communicated to the worker.
Training should be aimed at both the development or adaptation of the worker's technical-professional qualifications and their personal training.
Training actions that do not correspond to face-to-face training are excluded from the training permit. However, the in-person portion of those made by the distance mode shall be permitted.
In any case, for the correct interpretation and application of the above criteria, the forecasts referred to in Articles 5 and 12 of Royal Decree 395/2007 of 23 March 2007 will be taken into account.
Art. 4. Sectoral Joint Committee on Training.
A) Constitution. Under the provisions of Article 35 of Regulation (EEC) No 395/2007 of 23 March 2007, the sectoral joint committee on training at the State level is set up, consisting of four representatives of the trade unions and four of the business representation signers of this convention.
These organizations will act in the sectoral joint committee through individuals who will hold the representation of those organizations and, on their behalf, exercise the right to vote.
Duration and cessation. The members of the sectoral joint committee shall be represented for the period of validity of this Chapter, and may cease to be responsible for:
a) Free revocation of the organizations that chose them.
b) By resignation or personal decision.
In any of the cases of termination, the replacement of the member of the sectoral joint committee shall be immediately carried out, for which the new designation shall be notified within 15 days of the end of the period. by the appropriate organization.
Social address. The Joint Committee shall have its registered office in the technical and business association of gypsum (ATEDY). Calle San Bernardo, number 22, 1 (28015 Madrid), freely being able to move its domicile to any other, sufficient for this the agreement of the parties.
Permanent Secretariat. There shall be a permanent secretariat which shall be responsible for the administrative functions of an organ of this nature, the address of which shall be that specified in the preceding paragraph. In particular, the functions of this secretariat will be as follows:
a) Call the parties at least seven days in advance.
b) Give input and distribute to the members of the commission the requests and queries received.
c) Take the record of approved minutes and free certification of their agreements.
d) How many others are entrusted to them by agreement of the sectoral joint commission, for their best functioning.
Meetings of the sectoral joint committee. The sectoral joint committee shall meet at the head office of the sector, on an ordinary basis once each quarter and, on an extraordinary basis, at the request of one of the parties.
For each meeting the organizations will elect from among their members a moderator.
The secretary shall draw up the minutes of the adopted agreements.
The calls of the sectoral joint committee will be carried out by the permanent secretariat of the commission. Calls shall be made by means of certified letters, telefax or any other means by which the sending and receipt of such letters shall be provided, seven days, at least in advance of the meeting.
Meetings that are of an urgent nature may be convened at least forty-eight hours in advance. The call shall include the day, time and place of the meeting, as well as the issues to be addressed.
In the first call, the sectoral joint committee will be validly constituted when the meeting, present or represented, is attended by three quarters of the total members of each of the representations.
On second call, which will be held automatically half an hour after the first call. Personal assistance or representation shall be sufficient, of the half plus one of the members of each of the representations.
Representation may only be conferred on another member of the sectoral joint committee and must be made in writing.
Adoption of agreements. The decisions of this Joint Committee shall be taken jointly by both parties (business and trade unions), requiring, in any event, the favourable vote of the majority of each of the two representations. Such agreements shall not be effective until the approval of the minutes in which they are recorded.
B) Functions. The sectoral joint committee shall have, inter alia, the following tasks:
(a) To intervene in the event of discrepancies arising in relation to the provisions of Article 15.5 of Royal Decree 39572007 of 23 March.
(b) Know the vocational training for employment that is carried out in their respective fields.
c) Setting out guidance criteria and the overall priorities of the sectoral training offer for workers.
d) Participate in and collaborate in sectoral activities, studies or research and make proposals in relation to the national system of vocational training classifications and national reference centres corresponding to their respective areas.
e) Develop an annual memory on the training corresponding to its scopes.
f) Meeting the group of companies in their sector provided for in Article 16.2.
g) Cuestuas others that are attributed to him by the regulations of the development of this royal decree.
(h) The sectoral training committee is hereby authorised to provide the necessary rules to ensure the optimal management of resources for vocational training in the sector.
Art. 5. Of the times employed in continuous training.
For workers who attend face-to-face training, 50 per 100 of the hours required will be within the working day, or will be deducted from the work day, provided the workers are given the Following conditions:
The company may refuse the assistance of a worker to a training action, by means of a reasoned decision, for technical, organizational or production reasons. In the event of a refusal, the worker may refer to the sectoral joint committee for mediation in the settlement of the dispute.
50 per 100 of the company's hours will be an annual maximum of 40 hours per employee, and may be distributed in one or more training actions.
The requesting worker must have passed the test period and must have, in any case, a minimum of one month in the company.
During the training hours in charge of the company, the worker will be entitled to the salary that would correspond to him as if he were working in ordinary time.
The worker will have to accredit to the company the assistance to the corresponding training action.
Art. 6. Of the resources for training.
The application of the provisions of this chapter on continuing training is subject to the availability of budgetary resources.
ANNEX II
Guidance table; Professional classification of the sector of manufacturers of yesos, plaster, cales and their prefabricated ones
| Technicians | Employees |
Pay Level | |||
|---|---|---|---|---|---|
| 1 | Director Production. | Director Administration. |
| 2 and 3 | |
| 2 | Chiefs/responsible for:. Factory. | Chiefs/Responsible for:. Administration. | General charge. | 4 and 5 | |
|
3 |
Technical Staff:. Technical quality control. | Top Technical Department: | Section-loaded:. Maintenance. Production. | 6 and 7 | |
|
4 | Lab 1 Analyst. |
Department Media Technicians:. IT, logistics, HR, administration, etc. | Mixer. | 8 | |
| 5 | 2. Analyst | Seller | Truck driver up to 7500 kg. | 9 | |
|
6 | Lab Auxiliary. |
| Help the gypsum fork. | 10 | |
|
7 |
| Store. | Cleaning staff. Manual wrapper. | 11 |
ANNEX III
Article 35. Deleting the old-age add-on.
1. Agreements on the deletion of the old-age supplement.
The negotiating parties and signatories to the present sectoral collective agreement, when considering that this supplement detracts from the general principle of equal work equal pay, is why, guaranteed economic rights acquired and mediating compensation for the expectations of the law, agree to the definitive abolition of the complement of seniority according to the following text and legal regime:
1. The parties to this agreement agree to the definitive abolition of the concept and treatment of the personal complement of seniority, both in its normative and remuneration aspects, which, until 30 June In 2003, it had been contemplated and applied in the sectorial field to which such an agreement is contracted.
2. As a consequence of the previous agreement, both parties also assume, as a counterpart, the following commitments:
(a) The maintenance and consolidation of the amounts which, by the personal complement of seniority, are being collected by each worker on 30 June 2003. To this amount, in this case, the amount due to be rounded up to a full year shall be added to the temporary fraction exceeding half of the current year of acquisition of a new tranche of seniority.
(b) The amount of this ad personam salary supplement shall not be reviewable, unabsorbable or compensable, and shall be extinguished at the time of the termination of the individual work contract of each worker who is effectively receiving the extension of seniority to 30 June 2003)
To compensate for the disappearance of the seniority supplement, in the preceding terms, a new remuneration concept is established, called Plus of the Sectoral Convention, subject to the following legal regime:
1. General Rule: The amount of the plus of the sectoral agreement shall be determined, at the date of 1 July 2003, and with the exception of the exceptions which are then established, by the equivalent of 11% of the annual base salary of tables. This add-on or plus will apply to all workers (with and without seniority).
This Plus is incorporated into tables, without it being subject to absorption or compensation, being affected by future variations in the tables from January 2004-or at the appropriate time-as it goes incorporating the content of the compensation The total amount of the compensation to which this plus is contracted will be subject to gradual incorporation and payment, so that, divided by four, will begin to pay its first quarter in January of the year 2004, increasing another quarter more each year, to the end of incorporation and credit integration into January 2007.
However, the application of the time-limits provided for in the preceding paragraph, and in point (a) of this paragraph 2, may be deferred in time, as a whole, by individual undertakings. considered, provided that the start of the deletion process ("photo to determine the ad personam complement") and the incorporation into tables and credit of the first quarter of the compensation takes place within the duration of the present collective agreement and mediating agreement between the company and the legal or union representation of the workers in the same one about the time planned as the beginning of the process. For these purposes, undertakings which intend to delay the start of the replacement and compensation process for the current period of time must notify it to the corresponding legal or trade union representation of the workers within the second half of 2003.
2. º Exceptions:
First. -As provided for in points (a) and (b) of this Article, paragraph 2) shall not affect all undertakings and/or provinces in which, by 30 June 2003, the date of service of the supplement by means of the Agreement, agreement or collective agreement which is different from the national sectoral agreement on construction on the economic concept of seniority (resolution of the Directorate-General for Work of 6 November 1996, BOE of 21 November 1996), or the economic compensation provided for in the latter is improved. In these assumptions, the suppression of seniority remains on its own terms.
Second. -In the provinces in which, as of 30 June 2003, the complement of seniority has already been abolished for the purpose of the national sectoral agreement on the construction of the economic concept. (resolution of the Directorate-General for Work of 6 November 1996, BOE of 21 November 1996), the amount of the plus of the sectoral agreement referred to in point (b) of paragraph 2 of this Article shall be determined by the 40% of the difference between the amount to which the general rule is applicable provided for in this Article, minus the current amount of the amount received as compensation for the abolition made under that national sectoral agreement. The amount resulting from the application of the same legal regime as set out in the previous general rule, on incorporation and gradual payment.
Third. -In the provinces in which there are "table of seniority" of its own, the amount of the plus of the sectorial agreement that is established as compensation for the deletion of the complement of seniority made by this convention collective will be determined according to one of the following ways:
(a) If the basis for calculating the annual age is equal to or greater than 60% of the annual base salary, the amount of the plus of the sectoral agreement shall be equal to 11% of the annual base salary.
(b) If the basis for calculating the age is less than 60% of the annual base salary, the plus of the sectoral agreement shall have an initial amount equal to 75% of the difference resulting, in each case, from subtract from 11% of the annual base salary 11% of the respective base of calculation of the annualised age in the province concerned, without, in any event, less than EUR 400 the amount of the plus of the sectoral agreement. ' In any case where the initial determination of the plus of the sectoral agreement is obtained, the same legal regime as laid down in the previous general rule, on incorporation, gradual payment and the rule of law, shall apply to the update.
3. To the object of correct application of the compensation set out in this article, the signatory parties immediately proceed to identify nominally which provinces are assigned to each of the modes of determination the compensatory plus of the sectoral agreement, the corresponding list being incorporated in an annex to the text of this convention. Notwithstanding the contents of such a list, any error, omission or alteration duly accredited shall be the subject of analysis for their definitive incorporation in the quantification and concretion of the plus of the sectorial agreement, to be incorporated into tables from 1 January 2004, without prejudice to the derogation provided for in the fourth subparagraph of the general rule referred to above.
Nominative identification of provinces, to the object of application of the compensatory regime set out in this convention by the suppression of the seniority supplement:
A) Provinces that host the general assumption:
Almeria.
Badajoz.
Burgos.
Caceres.
Cantabria.
Ceuta.
Córdoba.
La Coruna.
Granada.
Huesca.
Jaen.
Las Palmas.
Lugo.
Madrid.
Melilla.
Murcia.
Pontevedra.
Sevilla.
Toledo.
Vizcaya.
Zaragoza.
B) Provinces that host the First Exception:
Alicante.
Ciudad Real.
C) Provinces that host the Second Exception:
Albacete.
Asturias.
Avila.
Balearic Islands.
Cadiz.
Basin.
Gerona.
Guadalajara.
Guipuzcoa.
Huelva.
Leon.
Lerida.
Malaga.
Navarra.
Pray.
Palence.
Salamanca.
Segovia.
Soria.
Tarragona.
Tenerife.
Teruel.
Valencia.
Valladolid.
Zamora.
D) Provinces that host the Third Exception:
Barcelona (assumed A).
Castellon (assumed A).
La Rioja (Subposition B).
