Seen the text of the collective agreement I state of youth reform and protection of minors (code of Convention number 9916175), which was signed with date February 17, 2010, on the one hand by business associations APIME-AEFYME, youth ASJ and ASPI on behalf of the companies of the sector, and another on the CCOO trade union representing workers in the sector , and in accordance with the provisions in article 90, paragraphs 2 and 3, of the Royal Legislative Decree 1/1995, of 24 March, which approves the text of the law of the Statute of workers and in the Royal Decree 1040 / 1981, dated 22 may, on registration and deposit of collective agreements, this General Directorate of labour resolved : First.-order the registration of the collective agreement cited in the corresponding register of this Center Directors, with notice to the Negotiating Committee.
Second. - have their publication in the official bulletin of the State.
Madrid, may 5, 2010.-the General Director of labour, José Luis Villar Rodriguez.
I State collective reform youth and protection of minor title I Chapter I article 1 areas. Structure of collective bargaining in the sector.
The present collective agreement is negotiated on the basis of article 83.2 of the Statute of workers, and articulated the collective bargaining in the juvenile reform sector and the protection of minors, through the following negotiating structure: a) general collective agreement, statehood and direct application to companies that are located within its functional area.
(b) collective agreements of autonomous community.
(c) collective agreements of company or workplace.
(d) agreements on specific subjects.
This general collective agreement and conventions and agreements including a relationship of subordination and dependency of the latter with respect to the first, not being able the agreements or to modify not available materials of the general Convention.
These effects are considered non-negotiable subjects in lower areas: the period of test, professional groups, the modalities of engagement, the disciplinary system, minimum in planned on geographic mobility and occupational health standards.
Union representatives and business signatories of the Convention expressed willingness that it constitutes effective reference to establish labour relations in the sector. To this end, they have to companies with enterprise or workplace agreement referred to this general collective agreement matters governed here as well as in quality of supplementary law. They stimulate also accession to these conventions through pacts that concluded in the framework of their respective areas the representation of workers and the entrepreneurs.
In accordance with the provisions of article 84 of the Statute of workers, collective agreements of less than this Convention area general collective and exceeding the levels of company, which could be negotiated starting from the signature of this Convention, trade unions and associations business that meet the Standing requirements provided for in articles 87 and 88 of the Statute of workers can negotiate agreements or agreements on matters governed by this Convention whenever the decision get the support of majorities required to constitute the Negotiating Committee in the relevant bargaining unit.
In the case referred to in the previous paragraph, are non-negotiable subjects at levels above those specified in this article.
Signatory parties to this Agreement recognize the validity of existing lower level conventions, whose validity and application is not questioned.
Article 2. Territorial scope.
This agreement will have its scope throughout the territory of the Spanish State.
Article 3. Functional area.
This collective Convention shall apply in all those companies, entities, centers, programs and services that set out, or are derived from the articles of organic law 1/1996 of 15 January, legal protection of the minor, for partial amendment of the Civil Code and the Civil procedure law, and 5/2000 of 12 January, regulating the liability criminal of the minor , or those that eventually replaced them, expand or change, regardless of the nature, type or character of the company or owner entity, because its activity is the supply of services, the development and implementation of programmes, or any type of facility management.
For the purposes of considering particularized of different types of companies, institutions and entities objects of this Convention, which require different working conditions the structure of this Convention will consider provisions applicable to each of businesses, centres or entities, based on the following typology: detention of juvenile offenders in closed centres.
Centres of internment for juvenile offenders in semi-open regime.
Detention of young offenders in open centres.
Therapeutic centers for juvenile offenders.
Centres that provide outpatient treatment to juvenile offenders for the adequate treatment of abnormalities or mental disorders, addiction to consumption of alcoholic beverages, toxic drugs or psychotropic substances, alterations in perception.
Day centers devoted to the implementation of the corresponding measure to juvenile offenders.
Programs that implement the open environment measures provided for in paragraphs g), h), i), j) and k) of article 7 of the organic law 5/2000 of 12 January, regulating the liability criminal of the minor.
Centres for the reception and initial reception of minors.
Residential centres for minors.
Reception of unaccompanied foreign minors centres.
Flooring of emancipation, bridge flooring, or transition to adult life of minors.
Programmes and socio-labour integration centres intended for minors and young people included in the first paragraph of this article.
Day centers devoted to children in situation of vulnerability.
Programs fostering simple, permanent or pre-adoptive, both dedicated to awareness-raising, dissemination and uptake of families, as to the formation of the same, as support and follow-up of cases.
Adoptive families and children training programs.
This relationship may be supplemented with all that Center or specialized service aimed at children and young people, that is or should be authorized and accredited, regardless of who is or not sustained with public funds and that has not been covered in the previous enumeration.
Article 4. Personal scope.
Covered by the scope of the Convention all working men and women who lend or provide their services in companies, centres or institutions specified in article 3.
Excludes expressly from the scope of application of this agreement: to) members of religious communities that do not maintain working relationship.
(b) the personal officer and labor in the service of the administration of the State, of regional administrations, autonomous cities, provincial, municipal and councils.
(c) professionals who, because of his free practice, concluding work, studies or collaborations with centers and companies included in the functional scope of the Convention, and sustain services leasing relationship with those.
(d) social volunteering.
(e) it excludes expressly from the functional scope of the Convention to interned those children or young people who maintain an employment relationship in the various productive workshops or programs that are developed within the schools of judicial measures. These will be subject to the provisions in the Real Decree 782/2001 of 6 July, by regulating the employment relationship of the special character of the convicts engaged in labour activities, applicable in specific centres for juvenile offenders in accordance with provisions in article 53.4 of the Royal Decree 1774 / 2004, of 30 July, which approves the regulation developing the organic law 5/2000 12 January, regulating the criminal responsibility of minors, or, in absence thereof, by the regulations that are applicable.
Article 5. Entry into force and duration.
This collective Convention shall enter into force on 1 January 2007 and shall be effective until December 31, 2010.
The economic effects reflected in the wage table attached and the day provided for in the present Convention shall enter into force as of January 1, 2010. The rest of the standards referred to enter into force at the date of publication in the Official Gazette, except as stated in article 72.
Article 6. Complaint and extension.
Any Contracting Party may denounce this Convention at least 30 days prior to the expiration of.
The denunciation to take effect you will need to be done by written communication to the other party, communication, you will need to register in the corresponding administration at least 30 days prior to the expiration of.
In case not to produce the above-mentioned complaint, means that the agreement is automatically extended from year to year, taking effect both its compulsory clauses as in the regulations.
Article 7. Link to all and review.
All clauses agreed in the present collective agreement will be reviewed in the event that provision legal, regulatory or judicial decision is declared the nullity of one or more of the agreed clauses.
Parties will be obliged to start negotiations within a month, according the nullity, well only the affected terms by the judgment or of the agreement, if it is deemed that dictated nullity affects or may affect the whole of the normative text. In any case, if within the period of six months is not reached agreement, the initially agreed text will lose its effectiveness for all purposes.
Article 8. Absorption, compensation and more beneficial condition.
The present collective agreement compensates and absorbs any improvements that come enjoying workers, in wage or extrasalarial, remuneration matters through other conventions or rules enforced, either by unilateral decisions of the companies.
If economic conditions remuneration, wage and non-wage, which come enjoying by workers at the time of entry into force of the present collective agreement were higher on an annual basis to those set out in the same, continue applying and respecting these more favourable conditions, in which exceeds the conventional.
The resulting amount of differences of terms regarding salary, wage or extrasalarial who had been enjoying until the moment of the entry into force of the present collective agreement will be retained as a staff complement that is compensable and absorbable and non-tradable.
Workers and workers being come to the entry into force of this Convention, a less than the agreed on the same day, shall receive an annual remuneration proportional effectively made day.
Article 9. Suppletive law.
For matters not provided for in this agreement it will be set out in the Statute of workers, freedom of association law, other provisions of general character and specific regulations of application in the field of youth reform and the protection of minors.
Chapter II fees article 10. Joint Commission.
The negotiating parties of this collective agreement agree to establish a joint Commission as a body of interpretation, arbitration, conciliation and enforcement surveillance.
Both parties agree to submit to the Joint Commission many problems, discrepancies or conflicts may arise from the application or interpretation of the Convention.
In situations of disagreement in the Joint Commission, the parties agree to submit such discrepancy to the body referred to in the agreement of extra-judicial settlement of conflicts (ASEC), whose decision shall be binding on both parties provided that it had such a character according to the regulatory legislation of the issuing body.
Article 11. Composition.
The Joint Commission shall be composed of 10 members, five representing the entrepreneurs, and five others on behalf of the signatory trade unions of the present collective agreement, all of them with their respective substitutes.
Article 12. Operation.
The establishment of the Commission will be made within 15 calendar days of the signing of this Convention. At the first meeting will proceed to the appointment of the President and of the Secretary-General, if approved, if necessary, a regulation for the operation of the same.
1. the agreements will be taken by qualified voting and on the basis of official representation organizations, requiring to adopt agreements the simple majority of each of the representations.
2. shall meet in ordinary way once the quarter, and extraordinary, at the request of either of the two parties, with an indication of the order of the day, and with a minimum notice of five days from the date of communication of the meeting request. Both representations, may attend the meetings with advisers that they deem suitable.
3. the organization that provides the address of the Joint Commission will be responsible for receiving the writings that are directed to the same and will transfer this information to other members within a maximum period of five working days from the date of receipt.
4. to be able to adopt agreements must attend the meeting of the Commission, more than half of the components by each of the parties represented.
Article 13. Headquarters.
It is designated as a place of residence of the Joint Commission, the Cáceres Street, number 55, 28045 Madrid.
Article 14. Mechanism of participation of workers.
In any case of alleged breach of the Convention, to demand an interpretation of the same, or to request mediation or arbitration before a conflict, parties concerned may contact the Joint Commission so that, at the first regular session, its resolution on the subject matter issue. Communications should be addressed to the above address.
The resolutions issued by the Joint Commission shall have the same legal force that has the Convention itself and become an integral part of it.
Title II organisation of work article 15. Definition.
The Organization of work will be exclusive competence of the company, without prejudice to the rights of audience, information, negotiation, etc. known to workers and their representatives at the Convention, statute of workers, and other rules of application.
The Organization's work is based on the following principles: a) the adequacy of templates which allow a level of service according to the parameters and requirements established by the Government.
(b) the rationalization and improvement of the educational process.
(c) the evaluation of the jobs according to the fit between the profile of the post and personal, educational features and the occupant of the experiential.
(d) the professionalisation and promotion.
(e) the training and retraining of staff.
(f) the efficiency at work.
(g) the efficient use of all resources.
Article 16. Functional mobility.
Functional mobility is one of the characteristics of the sector, the definition of which corresponds to the organizational Faculty of the company or entity, to the effect of a rational distribution of its staff, making it compatible with the inevitable dispersion of workplaces and the needs of programme coverage.
However, places of work determined by this mobility changes can not be based on a measure of arbitrary or sanctioning of the company or entity, and can only be performed for strict reasons of service and informing the legal representatives of the workers.
Article 17. Internal to the professional group functional mobility.
If for technical or organizational needs of the company, this required destine someone to tasks corresponding to a distinct category within the same professional group, may only do so for the essential time, up to a maximum of two months and receiving the most beneficial compensation.
A labourer can only play different tasks within the same professional group should have the academic qualifications or professional minimum required by this collective agreement for this job.
Article 18. Outside of the professional group functional mobility.
A) top-level work: external mobility upward. - When you refer to the labourer, always with good cause, a role greater than that corresponding to their professional group, shall receive remuneration corresponding to the work actually done, as long as this situation persists.
If the period of time the situation is more than six months a year or eight months in two years, the labourer will be reclassified in the new Professional category which plays, in the event that this request it. This consolidation is not applicable to the cases of replacement of workers or workers with the right subject to job.
(B) work at a lower level: external mobility down. - If by unpredictable, peremptory and justified needs of the company, is required to be someone to correspond to a lower professional group tasks only may do so for essential time up to a maximum of 45 days keeping you pay.
Article 19. Geographical mobility.
The geographical mobility of workers shall be governed by the provisions of article 40 of the Statute of workers.
As a general rule workers will be hired and assigned to perform its functions in a particular workplace.
Exceptionally, the company or entity may proceed to the permanent relocation of its workers to different work centers, requiring changes in usual domicile of the labourer affected / a, when economic, technical, organizational or production reasons justifying it.
Article 20. Acceptance or not of the transfer on geographic mobility.
Notified the transfer, the worker or the worker may elect to: accept your transfer or displacement according to the provisions of this collective agreement.
Challenge the decision of transfer without prejudice to its fulfillment.
Endangered work, receiving a compensation of 20 days of salary per year of service, prorating for months the time periods less than one year, with a maximum of 12 months.
Article 21. Possibility of returning to the Centre of origin.
The secondments will result the reserve of job centre or source program.
When disappear the causes which gave rise to the transfer, the labourer will return to their place of work of origin. On the assumption that this Center will cease its activity, the company and the worker will agree with the advice representatives workers new destination Center.
If in the center of origin of the transferred worker, there is a vacancy of the same professional category, it will treat provisions in articles related to vacancies and promotions.
Transfers will result the realization by the worker or the worker in the exercise of their own category or a superior, except that the event of the closure of a facility or program the company negotiate with representatives of workers the relocation of these in its own category or lower.
Article 22. Temporary displacements.
Temporary assignment is considered that geographical mobility whose limit of temporality is 12 months over a period of three years, or up to 12 continuous months. Displacement involves a change in the place of residence of the labourer.
In the event of temporary displacement of the worker, whose duration exceeds three months, you will be informed in writing by the company or entity with 15 working days notice; When the transfer is for less than three months, will be informed the worker/a notice of seven working days from the date of its effectiveness.
Workers and workers displaced temporarily entitled to a permit paid five workdays, long as displacement is more than three months, not computing the days of travel, and running the travel expenses to the account of the company or entity.
Company or entity shall pay to the worker/per diem and travel expenses during the period the temporary assignment, according to the provisions in the chapter «And other expenses».
Article 23. Permanent transfers.
They are considered permanent transfers that geographical mobility whose duration exceeds the 12 continuous months, or is more than 12 months over a period of three years. The transfer makes it necessary to change of habitual residence.
In case of permanent transfer of the labourer, the decision must be notified in writing, by the company or entity to the worker, as well as their legal representatives of the Center or Committee with if any, minimum notice of 30 days from the date of its effectiveness.
Where the labourer is moved, this paid compensation only for transfer of 300 euros.
Where a temporary displacement becomes permanent relocation, the labourer shall receive compensation for transfer and will no longer receive per diem and travel expenses established for temporary movements.
If by transfer, one of the spouses or partners in fact change of habitual residence and the other outside worker also from the same company, entitled the transferred not to be moved to the same location if had been working.
Article 24. Voluntary workplace change request.
Workers may voluntarily request the removal or displacement in the exercise of a category of same or different to yours within the same company.
Title III recruiting and training chapter I recruitment article 25. Of the general contracting.
All contract signed within the scope of this Convention should be formalised in writing and tripled, and stay a copy of each of the parties, the third copy for the competent body and with delivery to the legal representatives of workers, copying basic thereof.
For contracting, subcontracting, extensions, completion of contracts and new procurement forecasts, will be to provisions of the respective, existing legislation at all times. As well as in the present collective agreement.
Article 26. Recruitment modalities.
Workers and workers affected by the present Convention may be hired on the basis of any of the legal rules laid down in each moment.
Indefinite hiring: this type of contract will be used to meet the needs of those jobs that are permanent and fixed.
Staff admitted in the company without agreed special mode one in terms of the duration of the contract shall be considered fixed once elapsed the trial period.
The contract for an indefinite time of fixed discontinuous arrange for jobs that have fixed character batch and will not be repeated at certain dates, within the normal scope of activity of the company.
The discontinuous working assumptions that are repeated in certain dates it will be of application regulation of the part-time contract concluded for an indefinite time, as established in article 12 of the Statute of workers.
Workers fixed discontinuous will be called in the order and the form to be determined in the respective collective agreements.
Hiring temporary. - term in the following contracts may conclude: 1. for the work or service determined. - When you hire a worker or a worker to carry out a work or specific service, with autonomy and own substantivity within activity in the company, and whose execution, although limited in time, is in principle of uncertain duration.
This type of contract will be used to meet the needs of those jobs that correspond to programs, centres or services regulated through agreements, grants, contracts, tenders and other forms of recruitment which are subject to a time-bound or have temporarily limited funding.
Their possible extinction (for the non-renewal of the agreement or exhaustion of the grant or assistance) shall be deemed to be a termination of work or service which will be applicable as provided for these cases, the Statute of workers both in the general or specific legislation that is applicable to this type of contracts.
2. for exceptional circumstances of production. - when the circumstances sector youth reform and protection of minors, or accumulation of needs, which are exceptional in nature. This contract of employment shall be duly motivated. The maximum length of this contract will be, in total, for 12 months, in a period not exceeding 18, may be extended by agreement between the parties only once.
3. by interim or replacement. - When you try to replace workers or workers with right to reservation of the job, provided that in the contract of employment specifying the replaced name and the cause of replacement. The personal interim ceasefire will take place when the person who replaced, in the manner and time, legally established to reintegrate.
In addition to the cases regulated by law and legal, are established the following reasons for its application: suspension of employment and salary for disciplinary reasons, leave of absence with job reservation, by promotion in probation, parental leave, maternity leave or risk during pregnancy, temporary disability by medical, holiday.
4. contract in practice. - this agreement may enter into with those who were in possession of college degree or vocational training of middle or superior degree, or titles officially recognised as equivalent, that enable for professional practice, within the four years following the completion of the corresponding studies.
The maximum length of such contracts may not exceed two years or be less than six months.
The trial period may not exceed two months for qualified media and four months for graduates.
Termination of contract practices, the company delivered to the labourer a certificate which will comprise the length of practices, the post or held jobs and the main tasks performed in each of them.
Internship contracts shall be considered as ordinary contracts indefinitely if the worker to continue serving after having exhausted the maximum duration of the contract and there had been no express denunciation.
If at the end of the contract the worker or a worker were to continue in the company or entity not you can arrange a new trial period and the period computed for all purposes as of old in the same.
The remuneration of the employee or worker will be set for your professional category in the present collective agreement in not set out in the collective agreement will be followed for any interpretation of this paragraph the provisions of the Statute of workers.
5. contract for the training - the purpose of this contract will be the acquisition of a theoretical and practical training necessary for the proper performance of a profession or skilled job, requiring a certain level of qualification. The maximum number of contracts for training that companies may make will be 10% of the workforce.
The maximum length of such contracts may not exceed two years or be less than six months.
The percentage of training hours will depend on the characteristics of the job or job to play, without that it may be less than 20% of the day set in this agreement. The time spent on training will be made monthly; by just cause you can make on a bimonthly basis.
At the end of the contract, the company will deliver to the worker a certificate which will be the duration of the theoretical training and practical training level acquired.
Contracts for the training will be considered as ordinary contracts indefinitely if the labourer to continue serving after having exhausted the maximum duration of the contract and there had been no express denunciation.
If at the end of the contract the worker or a worker were to continue in the company not a new trial period you may enter into and the training period be calculated for all purposes as of old in the same.
Their remuneration shall be specified for the Professional category who are contracted, which appears in annex II to this Convention.
In not set out in the collective agreement will be followed for any interpretation of this paragraph the provisions of the Statute of workers.
Article 27. Stability in employment and conversion to indefinite.
Sharing the importance of stability in employment as a significant element of improving care for minors, both sides will join efforts to raise everything that stability. This inter alia the following shall be taken: workers who had been employed for a period exceeding 24 months, with or without solution of continuity, in a period of 30 months will pass the condition of indefinite, in accordance with the legislation in force.
All workers will be automatically undefined status if, after the period determined in the contract continue to develop their activities unless there has been new contract or extension of the former.
The companies, may conclude contracts for encouraging indefinite hiring in the assumptions and requirements which provides the Royal Decree Law 5/2006 (BOE of 9 June 2006) and provisions that replace it or supplement.
Not hired as indefinite, personnel access to this condition, are counted the days worked as valid for the trial period and Antiquity in the company.
Article 28. Relief contract.
Companies may conclude part-time contracts with their own workers or workers who meet the General conditions to be entitled to contributory old-age pension, except age, which will have to be at least 60 years and four months.
The contract of respite care will be formalized by reducing the work day fully or part time. This agreement and your reward shall be compatible with the perceive of the pension Social Security recognized at the labourer.
In order to celebrate this agreement, the company will hire the contract of respite care, simultaneously to another worker or a worker in a situation of unemployment, as a minimum, by the working day that has reduced the worker/a relieved.
Where the worker/a relieved does not reduce your day up to the maximum limit as provided, you can at the beginning of successive calendar years reduce gradually the day up to that limit. The company simultaneously expand the day to the hired worker's relief.
As a general rule, once terminated the contract of respite care, the labourer who had been hired will go into the permanent status, provided job stays in the company.
Article 29. Trial period.
All new personnel shall be subject to the period of test for your professional category prescribed below: a) personnel of the groups A, B: six months b) Group C: two months c) Group D: staff a month during the trial period, both the company and the person contracted, Center or entity may freely solve the employment contract without notice and without compensation.
Finished the period of testing the worker or a worker it will become part of the template of the enterprise, Centre or institution computing for all purposes in this period.
When temporary staff happens to be fixed, not require trial period, provided that the duration of the temporary contract is over the test period for your professional category.
The labourer who has passed a testing period for the exercise of their job will not be subjected to other periods of the test for that same job. In the event that a worker or a worker shift job, and does not exceed the period of test of this new position, it will be returning to his former post.
Article 30. Reservation of places for people with disabilities.
The company will reserve, in engagements that occur after the publication of this agreement, 2% of jobs to people with disabilities, for this purpose shall apply the provisions of article 38 of the legislation and regulations.
The company, following a report of the task force, will determine what are the jobs reserved for this purpose, according to the characteristics of the degrees of disability, as well as the necessary adaptations of the post.
Article 31. Vacancies and newly created posts.
For all procurement carried out from the date of entry into force of this Convention, shall be a first phase of internal promotion which will offer first square to the staff of the company, Center or institution, in accordance with the selection criteria that the company establish in each case.
Article 32. Clause of subrogation of the staff.
In order to ensure and to contribute to the principle of stability in the employment of staff, included in the scope of this Convention, is affected by the dynamics of substitution of the successful tenderer, the following rules are agreed: 1. the change in ownership in a contest, grant, concert or contractual, not extinguished itself the employment relationship, leaving the new entrepreneur subrogated rights and job duties of workers who have a seniority in the service of a minimum of six months prior to the date of the award, respecting them the form of contract, professional category, day, hours, seniority wage amount, both those of this agreement as the extraconvenio, that each of them had recognized in time to finalize its working relationship with the outgoing dealer.
Means that the worker or employee has a minimum age of 6 months even though that has been on vacation, disability or temporary suspension of the contract due to legal.
Workers who at the time of the change of concessionaire had six or more months in the Centre and which were in the situation of IT, from common disease or accident, leave of absence, permanent disability or any other legal causes which would oblige the company to book his post, will be the new concessionaire like the rest of staff Although they reincorporarán when legally appropriate.
Interim workers become the new concessionaire to the incorporation of the corresponding substituted, regardless of the time it had in the outgoing except where the worker/a which replaced take less than six months in the Center.
Other additional conditions agreed that have formally recognized such workers and workers at the end of a contest, grant, concert, or contract, while recognizing these last that the Organization of the work corresponds to the new company will be also respected.
Within the six months prior to the date of replacement of a dealer, as a general rule, not salary, contractual and social changes that are not sufficiently justified will be respected.
2. Notwithstanding the above provisions, the outgoing company may keep all or part of the workers affected by the subrogation.
3. not disappears the binding of subrogation in the case that the Administration suspend it for a period not exceeding 12 months.
In the event that the Administration move their offices or units to another site or fitness center, whether new or not, and high quality service offered the service to another entity, it shall be bound to subrogate to staff who had lent in the former Center, provided that personnel meet the requirements laid down in this article for the subrogation under the dependence of the previous dealer.
If the outgoing company until there is subrogation, had compensated staff for the termination of the contract, it is entitled to be reinstated from the cost of the paid compensation, which may apply to workers.
4. in the event that the Administration move the offices or departments of the contest, grant, concert or hires another site or fitness center, whether new or not, and high quality service offered the contest, grant, concert or other entity engages, it shall be bound to subrogate to staff who had lent in the former Center, provided that personnel meet the requirements laid down in this article for the subrogation under the dependence of the previous dealer.
5. with regard to trade union rights, specified:
to) the works Committee or delegates of personnel who are representatives exclusively from the Center object of subrogation, will maintain their status as representatives.
(b) delegates Union, delegates of personnel and members of the Committee of the company, in its case, of the outgoing concessionaire, will lose their status of such, and thus, representativeness, to be necessarily incorporated the template of the new contractor.
Except as provided in the preceding paragraph of this same paragraph b), those delegates of personnel or members of the Committee of company, if any, that were fixed the concessionaire outgoing template within the six months prior to the effective date of the change of contractor, had been transferred and assigned to the work center that is the subject of such a change they will have the option to join the new bidder or to remain in the template of the outgoing concessionaire. In the latter case, the delegate or member of the Committee must accept the new job that is assigned to it, in accordance with the labour legislation.
6 minimum notice of 15 calendar days prior to the date of the term of his contract, competition, grant or similar, the outgoing concessionaire shall deliver to the new awarded the following documentation: a) relationship of the affected workers in which specified: 1) name and surname, identity, affiliation to Social Security number , age and type of contract (code), category.
(2) the respective day and hours of work that are recognized.
(3) the respective wages complementary to those laid down in this agreement that have recognized and any modification of these which is completed during the previous six months, together with the justification of the same.
If the labourer is the legal representative of the workers, shall specify the time remaining the same mandate.
(4) a document showing the effective liquidation of proportional parts of the extra payments, much enjoyed holidays and other pay concepts that could correspond to the date of subrogation.
(5) workers who had already used the days of own issues in his case.
(b) a certificate issued by the competent authority that the concessionaire does not maintain debt with the tax agency.
(c) certificate issued by the competent authority that the outgoing concessionaire that will solve their employment relationship with the affected template is current in the payment of dues of Social security which correspond to the quoted wages actually levied by the said template.
(d) copy of receipts of payroll for the last six months of each of the employees affected, i.e., with respect to the last day of their dependence on the dealer that ends, will be: the penultimate, the penultimate and the immediate previous four.
(e) photocopy of the TC1 pages of its TC2 which registered workers and workers affected, corresponding to the last six months that have previously been determined for the corresponding payroll receipts and Social security contributions.
(f) photocopy of the high part in the welfare of each of the affected workers.
(g) copy of the contract concluded in writing between the concessionaire company earnings and workers and workers affected, so that is in effect as the previous ones, as well as any pact or novation which have subscribed after.
(h) in the case of foreign workers, document certifying valid residence permit to work in the sector.
The new company will sign the timely received, with the date of receipt, to the outgoing concessionaire, in duplicate of the documentation presented by the latter.
6.1 when outgoing dealer received the administration or main institution communication for the term of his contract, concert, grant agreement... and the consequent identification of the new bidder, all this within the concerned 15 last days, and not before, this minimum deadline shall be reduced to three working days prior to the date of that term.
6.2. the company or entity that ceases in the provision of the service must inform in writing workers attached to it, such termination and on the social reason of the new proprietor.
(6.3 in term of 15 days after service, the outgoing dealership will deliver the new awarded the contract, in the home of the latter, the following documents and compensation: a) photocopy of the settlement of each worker affected, certifying the absence of arrears or wage debt of any kind.
(b) photocopy of receipt of payroll of each worker affected that corresponds to the last month.
7 in the case that it will be recorded in writing or has evidence that the employment relationship between an affected worker/a and the outgoing concessionaire had settled prior to the date that would be effective income of such worker in the template of the new bidder, the labourer will remain in the template of the outgoing dealer.
8. irrespective of the right of subrogation of the outgoing company workers liable against the incoming of the economic damage that occur as a result of falsehood in the documentation submitted by the outgoing or obvious omission of data affecting the wage costs and may be reclaimed by the incoming to the outgoing.
9. the present regulation of surrogacy business pacta irrespective of the application of article 44 of the Statute of workers to the cases expressly referred to therein.
Chapter II terminations and settlements article 33. Voluntary cessation.
Worker or worker wishing to voluntarily cease in the service of the enterprise, Centre or institution will be obliged to put it to the attention of the holder of the same in writing with a minimum notice period of 15 days. In the case of managers, this period shall be 30 days. Failure to comply with the period of the notice will result in a deduction from its corresponding settlement equivalent to the days of non-compliance, except for access to the civil service, provided that the impossibility of the notice is shown.
Article 34. Settlement.
If the company receives the notice in time and form, it shall be bound to submit a proposal for a settlement to the worker and pay to the applicant the corresponding liquidation at the end of the employment relationship.
Article 35. Communication of the dismissal and termination of the contract.
The company shall be bound to communicate any completion or termination of the contract (and the causes that motivate him) in the terms that obligate the legislation in force.
Chapter III training article 36. Sectoral training Commission.
Within the framework of the IV national training agreement, and in accordance with the functions that are assigned to it in the same, it will be within a maximum period of three months from the entry into force of the agreement, the joint sectoral State training Commission, which will comprise 50% by the negotiating parties, seven members for each of the parties also its Constitution will be communicated to the State joint training Commission.
The first meeting shall be to the appointment of the President and the Secretary, approving rules for the functioning of the same which is collected both responsibilities rotation to maintain the parity of representation among parties. The Committee shall meet at the request of either of the two parties, with an indication of the order of the day and with a minimum advance of five calendar days from the date of communication of the request for the meeting.
Both representations may attend meetings with a maximum of two advisors/as, after communication to the other party.
The sectoral Commission agreements shall be always adopted by an absolute majority of each of the negotiating parties of the Convention, collecting the negative votes or abstentions if any. To be able to adopt agreements shall attend the meeting of the Commission, more than half of the components by each of the parties represented.
It is designated as a place of residence of the sectoral Committee on training, street Cáceres, number 55, 28045 Madrid. The organization that provides the address of the Commission will be responsible for receiving the writings that are directed to the same and will transfer of such information to the other members in the period of five calendar days from the date of receipt of the same.
Article 37. General principles.
Companies have the competence of organize, plan and decide the more proper to each job training, taking into account the criteria that raise the sectoral Committee on training.
Workers and workers affected by the present Convention, shall be entitled to see provided studies for academic or professional degree officially recognized training courses organized by the company itself or other agencies.
The company and the representation of workers recognized as secondary employment legislation, training and promotion at work, saving the needs of organization and functioning of the company in any case.
The training is a basic factor to increase the motivation and the integration of workers and create a mechanism for joint promotion and effective. Consequently, training will have to pass to a close-up on the concern of the company, by which this is committed to linking the various processes of the career of employees training and promotion.
Objectives of the training - vocational training in the enterprise, Centre or institution will be oriented towards the following objectives: to) adaptation to the job and the same modifications.
(b) update and the updating of professional knowledge required in the category and job.
(c) specialization in different grades, in any sector or field of work.
(d) facilitating and promoting the acquisition by workers of academic and professional titles related to the field of action of the Convention, as well as expansion of knowledge of workers enabling them to prosper and aspire to professional developments and acquisition of knowledge from other jobs, all of which are related to the scope of the Convention.
(e) meet the working conditions of their job in avoidance of occupational hazards.
(f) any other objective which will benefit professionally to own worker, to the dynamics of the company or to the effective care of children served under.
Article 38. Development of training.
1. the sectoral training Commission shall establish a participatory process for the development of training, by establishing a schedule of performances: 1.1 will facilitate a study on the training needs questionnaire to be completed by companies and institutions and legal representatives of workers, resulting in a map for the evaluation of the different training areas that plan a training plan.
1.2. preparation of proposals for training actions that have goals and learning paths.
1.3 request the General Committee on continuous training of those courses you will understand must be financed by it.
1.4. elaboration of the annual calendar and general catalogue of courses.
2. the training will be held preferably during working hours. The teaching hours of courses referred to as obligatory by the company will be considered as effective day regardless of the hours of preparation. In case of the entity offering voluntary assistance from the worker to courses, or this last being who proposes the participation in any training action, by mutual agreement, the parties set conditions of preparation and where appropriate corresponding compensation.
Article 39. Individual training permits.
Workers affected by the present Convention, may request individual permissions for training as laid down by the legislation in force at any time. Reference standards are currently the Royal Decree 395/2007, March 23, 2007, the TAS/2307/2.007 order of 27 July. Training actions, approved by the joint sectoral State training Commission, for which you can request individual training permits shall, in accordance with the above rules with the following points: to) not be included in the actions financed in catalog of training actions for the company or clustered.
(b) be directed to the development or adaptation of the technical qualities of the worker or his personal training.
(c) be recognized by an official degree.
(d) are excluded from the training permit training actions that do not correspond to the classroom training. However will accept the face-to-face part of the training actions carried out through distance mode.
(e) to the adaptation of the ordinary working day for attendance at vocational training courses or to the individual permit for training or professional development with job reservation.
The duration of the permit shall not exceed 200 hours per year.
Article 40. Permission for tests.
The labourer shall be entitled to the enjoyment of a maximum of ten days per year of permit paid assistance official exams, as well as a preference to choose work shift, if such is the regime established in the company, when it studied regularly to obtain an academic or professional title of an official nature.
Article 41. Cost of the training.
To carry to term training plans elaborated by the sectoral joint Commission state of training of the Convention, developed under the national agreement IV of formation and successive, businesses, centres or entities affected by the present collective agreement must adhere to the training plan which is organized, request, and cogestione in the framework of these agreements.
Article 42. Certificate of attendance.
Certificates of attendance and achievement, as well as estimations and qualifications obtained in such courses, shall be entered in the record of workers attending and will be valued for their professional promotion.
Article 43. Selection criteria for attendance at courses.
It may take into consideration for their attendance at courses workers and workers who have participated in fewer occasions and those workers and workers who are performing related jobs directly with the material object of the course or will develop them in the near future. As well as workers and temporary and non-skilled workers.
Chapter IV prevention of labour risks article 44. Occupational health and safety.
Centres and staff affected by this Agreement shall comply with the provisions on occupational safety and health contained in the law 31/1995 of 8 November on prevention of occupational risks, RD of the regulation of the prevention services and the regulations that develop it. So must appoint the delegates of prevention and the committees of safety and health in the areas in which the law provides.
All workplaces must have an updated emergency plan that includes the plan of evacuation, according to the Royal Decree 486/1997 of 14 April, on minimum requirements for safety and health at the workplace.
The self-protection plan will inspire aside from the aforementioned Royal Decree, as in the law of 21 January 1985 (BOE January 25) on civil protection, as well as the subsequent implementing regulations. This emergency and evacuation plan will be reported to workers allowing their participation. In addition, and as they establish the legal provisions listed will be reviewed and modified both on the basis of their effectiveness as when they change or alter any of the places or jobs.
The entrepreneur to inform prevention system adopted the workers, developing a comprehensive safety and health at work, annual and documented, the risk prevention service of the company, which incorporates the activity in specific times and a system of review with the participation of the legal representatives of workers.
Also the company, Center or entity will inform to the representatives of workers and these consequences on health arising from work done by risk assessment and that may adversely affect the development of article 26 of the law of prevention of occupational risks.
All those companies welcomed and affected by this Agreement shall develop a Plan for evaluation of risks.
Article 45. Health surveillance.
The company will guarantee workers the regular monitoring of their State of health based on the evaluation of the risks inherent in the work by establishing specific protocols with the participation of prevention services.
This surveillance may only carry out when the labourer give their consent. This voluntary only is subject, previous report of representatives of workers, the assumptions that conducting surveys is essential to assess the State of health of the worker or to verify if the State of health of them can be a hazard to themselves, to other workers or other persons related to the company. Thus, in these cases workers have law and, at the same time, the obligation of checks prior to entry to the job both periodic medical.
In any case, you should opt for carrying out those examinations or tests that may cause minor discomfort to workers and which are commensurate with the risk. They will be held respecting the right to privacy, the dignity of the person and the confidentiality of the information related to your state of health.
Access to medical information of a personal nature will be limited to medical personnel and health authorities. The results of the health surveillance shall be communicated to the workers and workers affected and may not be used for discriminatory purposes to the detriment of the worker.
However the above, the employer and the person or bodies with responsibilities in prevention will be informed of the conclusions resulting from the surveys carried out in relation to the suitability of the work or the need to introduce or improve measures of protection and prevention, so that they can properly develop its functions on preventive.
Article 46. Change of place of work for pregnant women.
The evaluation of the risks of the company must include the determination of the nature, degree and duration of exposure of the workers in a situation of pregnancy, recent childbirth or breastfeeding to agents, procedures or working conditions that can adversely affect the health of workers, of the fetus or the child in any activity that can present a risk specific. If the results of the evaluation reveals a risk to safety and health and a possible effect on the pregnancy or breastfeeding of workers mentioned, the businessman to adopt the necessary measures to avoid exposure to this risk, through an adaptation of the conditions or the working time of the affected worker.
Such measures shall include, where necessary, the non-realization of night work or shift work.
When conditions or working time adaptation is not possible or, in spite of such adaptation, employment conditions could adversely affect the health of the pregnant woman, fetus or child, and thus certify it the services physicians mutual societies, with the report of the doctor of the national health service that optionally attend the worker This will play a post from work or function different and compatible with her condition. The entrepreneur to must determine, after consultation with representatives of workers, the relationship of workplaces free from risk to these effects.
The change of position or function will be carried out in accordance with the rules and criteria to be applied in cases of functional mobility and will have effects until the moment in which the State of health of the worker allow his reinstatement to the previous post.
On the assumption that, even applying the rules referred to in the preceding paragraph, did not exist because of work or compatible function, the worker may be aimed at a not corresponding to your group or equivalent position, while you retain rights to set fees from its place of origin.
If this change of position is not technically or objectively possible or not it may reasonably be required for justified reasons, the passage of the employee affected the situation of suspension of the contract for risk during pregnancy, contemplated may be declared in her article 45.1. d) of the Statute of workers, during the period necessary to protect her safety or health and while persist the impossibility of returning to his previous position or another position compatible with his State.
Pregnant workers are entitled to be absent from work, entitled to remuneration, to carry out prenatal tests and birth preparation techniques, notice to the employer and justification of the need for its implementation within the working day.
Article 47. Protection of workers particularly sensitive to certain risks.
The company, in accordance with article 25 of the LPRL, will ensure the protection of the workers, who are particularly sensitive to the potential risks arising from work by their own personal characteristics or known biological state, specifically. To do so, shall take into account such personal characteristics in risk assessments and, based on these, the necessary preventive and protective measures shall be taken.
Workers, shall not be employed in those jobs in which, because of their personal characteristics, physical, mental or sensory disability duly recognized, could endanger or cause damage to itself, other workers or other people associated with the company, Center or entity.
Article 48. Delegates of prevention.
With respect to the designation, appointment, functions and guarantees of the / as delegates of prevention, shall apply as stipulated in the legislation in force.
The credit hours from the / delegates of prevention will be appropriate as representatives of workers in this specific matter, in accordance with the stipulated in the Statute of workers Art.68. In addition, enjoy the time required for the development of the following tasks: to) corresponding to the meetings of the Committee on occupational safety and health and its preparation.
(b) the corresponding to meetings convened by the employer in the field of risk prevention.
(c) the intended to accompany technicians on the evaluations of a preventive nature.
d) the intended to accompany the inspection of labour and Social Security on visits to the work center.
(e) the derivative of visit to the place of work to know the circumstances that have resulted in damage to the health of workers.
f) for compulsory training in prevention.
To the / as delegates of prevention they shall apply the provisions of paragraph 2 of article 65 of the Statute of workers regarding the professional secrecy due to the information to which they had access as a result of his performance in the company.
Article 49. Training in occupational health.
Within the training plans that companies, centers and entities should undertake annually and in accordance with article 19 of the law of prevention of occupational hazards will be provided to each of the workers, a theoretical and practical training, sufficient and appropriate. This training, as established in article 19.2 of the law of prevention of occupational risks, should take place whenever possible within the working day, or failing that, at other times but with the discount on that of the time spent in the same. Training can be taught by the company through their own means or by entering into it with outside services, and its cost does not will fall in any case on workers.
Training should be specifically focused on your job and adapt to the evolution of risks.
Article 50. Sectoral joint organ for the promotion of health and safety at work in the field of youth reform and protection of minors.
This body will be set up in accordance with the Spanish strategy of health and safety at work (2007-2012) approved by the National Commission on safety and health at work and endorsed by the Council of Ministers of June 29, 2007, and within the framework of the actions foreseen in its objective 3 to strengthen the role of the social partners and the involvement of employers and workers in the improvement of the safety and health at work.
This State sectoral joint body will search for lines of action that promote involvement of employers and of the workers, and their representatives in preventive activities in the company, promoting, thus, integrated preventive management.
These lines of action must have the dual purpose of, on the one hand, promote the implementation of the preventive obligations business, facilitate the effective exercise of the rights of information, consultation and participation of workers in the field of prevention of occupational risks, and promote the fulfilment of the obligations thereof in the field of prevention of occupational risks and their cooperation with the employer.
To this end, the parties have decided to constitute a State sectoral joint body for the promotion of health and safety at work, in the terms and conditions contained in the following articles: 1. Constitution remembers a specific organ for the promotion of health and safety at work, of joint character and State level in the field of youth reform and protection of minors that it will develop programmes aiming to disclose and report of occupational risks existing in the sector, as well as rights and preventive obligations of the employer and workers, and the promotion of preventive actions.
2. this body will assume all competencies referred to in the Spanish strategy for safety and health at work (2007-2012) and provisions of development, in its case, and perform actions, actions, planning, visits, projects, reports, etc., they are accurate, as well as an annual assessment to analyze the preventive effects of the programs.
3. the body is called «Joint sectoral body for the promotion of health and safety at work in the field of youth reform and protection of minors».
The State sectoral joint body functions are as follows: to) disclosure and information about occupational risks existing in the sector of youth reform and protection of minors, as well as rights and preventive obligations of employers and workers in this matter.
(b) propose the strategy, programmes of action and formulate plans to continue to promote health and safety in the sector.
(c) establish training programmes and content-specific in terms of health and safety of workers in the sector.
(d) preparation of an annual report.
(e) annual evaluation of the preventive effects of programmes and actions that are carried out.
(f) monitoring of labour accidents and statistics of serious and fatal accidents.
(g) Organization and general control of visits to companies with templates between 6 and 50 workers who lack representation of workers. Actions or tasks to be developed should not interfere in the services of prevention (own or third party) or other preventive entities that provide support to companies.
(h) proposals for solutions for the reduction of the accident rate.
(i) seek from the Ministry of labour and immigration, as well as the autonomous governments, official recognition as a sectoral social partner in the field of safety and health, both in its legislative aspect and in the development of plans and training measures.
The headquarters of the joint sectoral body for the promotion of safety and health in the Sector of youth reform and protection of minors is set to street Cáceres, number 55, 28045 Madrid.
Composition - 1. The joint body is made up of the signatories to this Convention, and shall have at least one representative of each of the signatories to the Convention, being equal to the number of components of the social, as the employer part part.
2. at the first meeting that is held it will appoint a Chairman and a Secretary from among its members. The offices of President and Secretary shall be rotating, each year, alternately, with a representative of the employer and a representative of the trade union organizations. If the presidency lies for a year with the employer, the secretariat will fall on the social side, and on the contrary, when the Presidency falls on the social part, the secretariat will rely on the employer side.
3. the representatives referred to in paragraph 1 of the composition, can attend the meetings accompanied by advisers deemed necessary.
Appointments. - the members of the joint body shall be designated by organizations who represent, on the one hand by the different employer signatories of the Convention, and on the other hand by the different Union organisations that signed this Convention.
Its members shall exercise their mandate of representation for a period of four years and may be re-elected for periods of the same duration, with the exception of the Presidency and the Secretariat, whose mandate will be 1 year, according to the provisions above (point 2 of the composition).
Title IV Jornada, vacations and remuneration structure chapter I day article 51. Personal guarantees and guarantees of company in the field of day.
Workers and workers that the entry into force of this Convention, come enjoy a less established in the same day, remain with character strictly staff that day as a personal guarantee.
If there is an agreed day previously, agreed or required enforcement, place of work or company which, prior to the entry into force of this Convention, arrojara a lower annual computation, this day will remain.
This shorter day recognized as a personal guarantee or by collective agreement or Enterprise Agreement, will be absorbable and compensable with future reductions in Conference could agree on the scope of the Convention.
Article 52. Maximum day and time distribution.
For the year 2007 sets a maximum annual computation of 1,815 hours effective working time. The distribution of this annual computation will be equivalent in its weekly distribution to 40 hours.
A maximum annual computation of 1,815 hours effective working time is set for the year 2008. The distribution of this annual computation will be equivalent in its weekly distribution to 40 hours.
A maximum annual computation of 1,815 hours effective working time is set for 2009. The distribution of this annual computation will be equivalent in its weekly distribution to 40 hours.
A maximum annual computation of 1,771 hours effective working time is set for the year 2010. The distribution of this annual computation will be equivalent in its weekly distribution to 39 hours.
Article 53. Adaptation of day in summer.
Attending to the needs of the service, the characteristics of the Centre's work and the specific functions of the jobs, for the period of time between June 25 and September 5 of each year, the management of the company can be, after consultation and prior report of the legal representatives of workers accommodation of the day to day continuous.
Expressly excepted those workplaces which require the Organization of the work on game day.
Article 54. Weekly rest.
By the characteristics of this sector activity will take place from Monday to Sunday. All personnel shall be entitled to a minimum continuous weekly rest of 36 hours of rest, to which must be added the twelve hours rest between consecutive days. This rest will preferably be held on Saturday and Sunday.
However, and in view of the characteristics of the job, if the weekly rest period is not possible this will be offset with other days that can accumulate in exceeding the weekly periods.
Chapter II holiday article 55. Holiday.
All staff affected by this Convention will enjoy annual paid holidays of 22 working days. These holidays you can enjoy continuous or shaped departure from the minimum periods of 5 consecutive working days or a maximum of three per year fractions. In any case, will be the staff a minimum of 10 business days continued in summer period between June 1 and September 30. The holiday period setting is set to the work schedule of each company or workplace.
Staff who ceases during the year is entitled to the enjoyment of their proportional share of holiday or your compensation.
Article 56. Matching holiday and I.T. or maternity leave.
If the period of maternity leave coincides with the period of holidays laid down in the internal work schedule, these you will enjoy immediately after discharge.
If the temporary incapacity for work-related accident or occupational disease prior to the holiday period, these will be suspended, enjoying, by agreement of the parties, where the needs of the service permit, preferably, after medical discharge and always before January 31 of the year following the holiday timetable for implementation.
Article 57. Fixation of the work schedule.
The company will prepare in the first quarter of the year, after consultation and prior report by the legal representatives of the workers, an internal work schedule in each center that includes the following: weekdays and holidays.
Working hours and shift work, where appropriate.
The work schedule will be on display in a conspicuous place in every workplace.
Chapter III structure remuneration article 58. Wages.
Wages for the personnel included in the scope of this Convention shall be constituted by: a) wage base.
(c) specific plug-in.
The sum of the paragraphs refers to as monthly salary to) wage base and c) specific add where appropriate. This amount will join you (b)), antiquity, when you have it.
The remuneration structure that this article sets, containing complementary benefits most appropriate to the development of each activity and respecting a minimum monthly and annual fees, for each Professional category sets this text can adapt through collective bargaining at the level of the undertaking.
The payment of wages shall be carried out for months overdue, within five days of the following month. It will be paid in cash, check or Bank heel, transfer or other modality.
Article 59. Base salary.
It is the part of the remuneration of workers, set for effective working hours agreed in this agreement; It is perceived in twelve monthly installments and amounts only for each of the occupational groups, as set out in annex II of this collective agreement.
Article 60. Antiquity.
This wage and consolidatable, complement shall be levied for each three-year period expired. Staff dependent on this Agreement shall be entitled to receive the amount of 15 euro. The amount of each three-year period will be included in the first roster of the following month of expiry.
The computation of seniority date will be entering the company, regardless of the type of contract signed with the labourer.
Article 61. Night supplement.
This complement to wage, not consolidatable and monthly payment, remunerated work performed by the worker or night worker and will have a compensation of 10% of the salary base and specific complement, in your case, or an equivalent reduction of his day on an annual basis.
Article 62. Complement of festivity.
Every labourer who develop their work in the holidays provided for in article 37.2 of the Statute of workers shall receive compensation equivalent to 10% of the salary base and specific complement, where appropriate, or failing that, an equivalent reduction of his day on an annual basis.
Article 63. Specific complement.
This add-on wage, not consolidatable and fixed amount and monthly payment, you shall apply to workers who carry out their work in centers of execution of judicial measures in closed or semi-open regime.
Its amount will be established in annex 2.
Article 64. Extra payments.
Workers and workers falling within the scope of this Convention will receive two bonuses, extraordinary each of them to a monthly payment of the wage base, specific plug-ins, where appropriate, and seniority. They must be paid before June 30 and December 20.
Staff who cease or go to the company, Center or entity in the course of the year shall be entitled to receive the proportional part of the extra payments that apply to you.
The amount of the extra payments will be assessed in 12 instalments.
Article 65. Overtime.
Both parties, given the overall situation of employment and to promote policies of promotion of new hires, agree not carrying out overtime except situations emergency or force majeure.
If necessary for the completion of overtime, their compensation, as general and priority criterion, must be through the granting of breaks, or by mutual agreement between the parties, through the economic compensation, with the equivalent compensation with respect to the corresponding ordinary time. The value of ordinary time is calculated with the following formula: base annual salary, complement more specific, if any, by fourteen pay, divided it by the annual Conference of the labourer.
Article 66. Payment during the period of I.T.
1. when temporary incapacity is the result of an occupational disease or work-related accident, the labourer paid as salary supplement, on behalf of the entrepreneur, the difference that exist since the amount of the subsidy to 100% of the monthly fee prior to the temporary disability down.
2. in the event of temporary incapacity by common illness or non-work-related accident, workers shall be entitled to collect from the fourth to the 20th day of the low 60% of the regulating base of the month prior to their low, within days will be to determine the labour legislation in force at the time of the fact.
Chapter IV expenses and other article 67. Expenses.
In cases in which the company does not provide to the worker directly accommodation, maintenance, and means of displacement generated for business reasons, the company shall pay the amount of such expenses. Accreditation involves the presentation of invoices.
Exceptionally for justified reasons may accept justification limits prior knowledge and acceptance of the company.
Media diet: 12 euros.
Diet complete without overnight: 24 euros.
Complete diet sleeping: 74 euros.
Article 68. Use of own vehicle expenses.
Staff who, voluntarily, in the development of his work, and at the express request of the direction or coordination of the Center, company or entity, use your vehicle, shall receive the amount of 0.17 euros/km. To receive amounts will accumulate by monthly periods, becoming effective at the end of each month.
Expenditures of prior use of parking, toll motorway and other expenses of displacement, and explicitly entrusted shall be paid by the company. The justification thereof is required to be collected.
Chapter V new technologies. Internet and email article 69. General principles of internet and new technologies.
The use of e-mail and internet, as well as the rest of tools and media technical jobs available to workers by the company, shall be adjusted as provided in this collective agreement, as well as the regulations in force.
This regulation should start with two fundamental premises: first, the legitimate right of the company to control the proper use of the tools and technical resources put at the disposal of the worker to carry out its activity and, on the other hand, to safeguard the right to privacy of the worker. This use will always be labour.
Article 70. Use of e-mail and the internet by the workers.
Workers may use electronic mail, the intranet and internet freedom and in the widest possible sense, for the performance of work activities.
Provided that workers need to make use of these media excess than usual, whether or not related to job performance, will use the runways suitable according to their immediate superior, not to cause damage to the normal development of communications and the functioning of the internal network.
It is not allowed to send messages or images of material offensive, inappropriate or discriminatory content on grounds of gender, age, sex, disability, those that promote sexual harassment, as well as the use of the network for games of chance, raffles, auctions, download video, audio, etc., not related to the professional activity.
When there is evidence of unlawful or abusive use by a labourer, the entity will carry out the appropriate checks and, if necessary, carry out an audit on the computer of the worker or systems that offer the service, which will take place during the working hours, in the presence of the worker and/or desired a representative unit or trade union if the worker as well , and with respect for the dignity and privacy of the same.
Title V licenses and surpluses chapter I licenses article 71. Paid licenses.
1 workers notice and justification, except in cases of justified urgency, may be absent from work entitled to compensation, and with consideration of effective time work, for any of the reasons and the next time: to) fifteen calendar days in the event of marriage or domestic registered in the civil partners.
(b) up to three calendar days in the case of birth or adoption of a child.
(c) up to two calendar days by disease severe, hospitalization, or death of relatives to the second degree of consanguinity or affinity, or couple indeed. In the event that the worker or a worker need to make a shift, the term will be extended to four days. You can expand these days discounting them vacation, upon request of the employee and it permitted the proper organization and functioning of the service.
(d) a natural day for transfer of normal residence.
(e) by the time necessary, for the fulfilment of an inexcusable duty of public and personal character.
(f) the day of the ceremony of marriage of relatives up to the first degree of consanguinity or affinity.
(g) to perform Trade Union functions of representation of staff, in the terms established by law and this agreement.
(h) two working days of own affairs throughout the calendar year.
2. pregnant women are entitled to be absent from work, with a right to remuneration, for technical and prenatal examinations in preparation for childbirth, prior notice to company, Center or institution and justification of the need for its implementation within the working day.
3. when needed full time license and is working at night time, may staff opt for night earlier or later.
Article 72. Not paid licenses.
1 labourer will request your enjoyment, in writing and with a minimum advance of 15 days, except in cases of urgent need, and must be granted.
(a) the necessary time to attend the funeral of relatives to the third degree of consanguinity or affinity, and may extend for a maximum of three days when so required a shift of more than 150 km.
(b) seven calendar days in the event of separation or divorce.
Article 73. Breaks and reduction in working hours for breastfeeding.
The worker is entitled to a break of one hour in their work. In the case of multiple birth you will enjoy an hour for each child. This pause can be divided into two fractions when they intended for her to nurse your child less than nine months. It may be substituted for the pause or interruption of the day by a reduction of the normal day of half an hour.
Such pauses or reduction will be paid and in the case of artificial feeding may be requested by either spouse, although option may only be exercised by one of them where both working in the same company.
Who make use of this right, can accumulate the hours in a period of 11 days for the year 2007, of 12 days for the year 2008, 13 days for the year 2009 and 14 days for the year 2010, and must be enjoyed immediately after the permission of maternity, and must inform, in writing, to the company with a deadline of 15 days in advance.
Article 74. Maternity.
The companies affected by this Agreement shall comply with regulated in law 39/1999 of conciliation of family life and labor law and subsequent regulations that develops it.
The workers, by birth, will be entitled to 16 weeks paid and two weeks for each child in the case of multiple birth, distributed at the option of the applicant, provided that six weeks immediately after childbirth. Where the father and the mother work, this, at the beginning of the rest period for maternity leave, you can opt for that father enjoy some determined and uninterrupted from the postnatal rest period well so simultaneous or successive with the mother's, except that at the time of its effectiveness the incorporation to the work of the mother risk to their health.
Women in situation of license because of pregnancy will receive 100% of their regulatory base.
Article 75. Pregnancy at risk.
The company prevention services will appreciate that jobs are considered for pregnant workers as risk to her health or that of the fetus.
The worker who is pregnant must inform the company and submit the medical certificate. In the event that this worker was found in a position of risk and the company not could minimize it, or offer an alternative position not contraindicated and with the same economic conditions, returning to his post once the cause which motivated the change is complete, or not possible organizationally, the worker may request from the mutual of the company or entity the provision of Social Security for risk during pregnancy (Royal Decree 1251 / 2001) (, 16 November).
The amount of the benefit is 100% of the base pension, as provided by law for these situations.
Article 76. Parental rest.
In the birth of a child, adoption, or foster care cases, workers are entitled to the suspension of the contract during 13 days of uninterrupted, expandable in case of childbirth, adoption or foster care multiple in two days more for each child from the second. This suspension is independent of the enjoy shared maternity rest periods regulated.
The worker who exercises this right may do so during the period from the termination of the permission for birth of child, pending suspension of maternity leave or immediately after completion of the suspension.
The suspension of the contract you can enjoy in full-time or part-time with a minimum of 50% regime, agreement between the employer and the worker. The worker shall inform the entrepreneur/a minimum notice of 15 days.
Article 77. Taking care of children or family members who can not fend for themselves.
Personnel for reasons of guardian to his care a child of eight years or a person with physical, mental or sensory disability that does not carry out paid activity, shall be entitled to a reduction of the working day, with the proportional decrease of wages between, at least, an eighth and a maximum of half of the duration of that one.
You will have right to reduction of between one-eighth and a maximum of half of the duration of the day who need responsible for the direct care of a relative up to the second degree of consanguinity or affinity, which for reasons of age, accident or illness not can fend for itself, and who performs no paid activity.
This permission does not enjoy it simultaneously two employees of the Center by the same subject that causes. The time realization of the reduction in working hours corresponds to the worker, in his day and regular hours, who should notice for the employer with fifteen days notice date that drop to your ordinary day.
Chapter II leaves article 78. Unpaid leave.
1. the worker or a worker with at least one antiquity in the company of a year is entitled to recognition of the possibility to be on unpaid leave for a period not less than four months and not more than five years. This law only may be exercised again by the same worker if four years have passed since the end of the previous leave. Its duration will be not taken into account or be taken into account for the purposes of seniority of the worker in the company.
2. they shall be entitled to a period of leave of not more than two years to attend to a seriously ill family member, medically, accredited to the second degree of consanguinity or affinity, or indeed legally registered partner. In these cases the years which the worker to pass in this situation will be taken into account and be taken into account for the purposes of seniority.
3. also are entitled to a period of leave of not more than three years to cater for the care of each child, both when it is by nature, such as by adoption, or in cases of foster care, both permanent and pre-adoptive, counting from the date of birth or, where appropriate, the judicial or administrative decision. In these cases the years which the worker to pass in this situation will be taken into account and be counted for purposes of seniority.
4. you may request unpaid leave of a minimum duration of one month and maximum of four months to own affairs. The granting of the leave of absence will be conditioned to the needs of the service, studying the request 30 days in advance, and committing the company to respond within a maximum of fifteen days. The labourer which avails this leave must demonstrate, at least one year of seniority in the company and may not qualify for a new period of three years of effective work after exhausted the previous. This leave is entitled to reserve job and not computed for the purposes of seniority. This assumption is not extendable.
The voluntary leaves of absence shall be granted without right to any payment. They have the right to reserve post in a year for the cases referred to in point 2 and point 3.
They will always request written notice of, at least, thirty days from date of inception, except in the case referred to in point 2 in which demonstrable cause may be granted immediately and the point 3 which will be requested in advance of 15 days.
Article 79. Forced leave of absence.
The forced leave of absence will give right to the conservation of the job and the computation of seniority and with automatic return to the same once this is complete. Shall be granted for: to) by designation or election to public or trade union office.
(b) sickness, upon expiration of the period of temporary incapacity, and for as long as the worker or a worker remain in a situation of temporary disability.
(c) any other legally established.
Article 80. Return by end of leave of absence.
As a rule common to all situations referred to leaves of absence, if the worker or a worker joining the company, Centre or institution, after the exhaustion of the period of leave of absence, you must request it within the period of 30 days before the end of that period; If you do not request reinstatement worker/a will cause low in the company.
The owner of the company, Center or entity ratified in writing to the employee the date of reinstatement in his post when his leave of absence is entitled to reserve job, either communicated to the worker whose leave of absence does not have right of reservation of work, the existence or not of similar vacancy or same category.
In case that the worker to enjoy an extended leave of absence requested by less than the maximum stated in this agreement for each case, you can request a single extension until the leave of absence.
Article 81. Gender-based violence.
Companies, centres or entities affected by this Agreement shall comply with regulated in the organic law 1/2004 of 28 December on measures of Integral Protection against gender-based violence.
Entitled the worker victim of gender violence, to enforce your protection or his right to comprehensive social assistance, the reduction of the workday with proportional of the wage reduction or the rearrangement of working time, through the adaptation of the schedule, the implementation of the schedule, the implementation of flexitime or other forms of management of working time which are used in the company.
The worker victim of gender violence that forced to abandon job in the town where had been providing its services, to enforce your protection or his right to comprehensive social assistance, will have preferential right to occupy another position work, similar or same category.
In such cases, at the request of the worker to the company this shall be obliged to inform the worker vacancies at this time or that may occur in the future.
Transfer or change of Center will have an initial duration of six months, during which the company shall be obliged to reserve the position previously occupied by the worker.
After this period, the employee can choose between the return to their previous job or continuity in the new. In the latter case, will decay the aforementioned obligation to reserve.
The worker victim of gender violence may, by mutual agreement, suspend the employment contract with right subject to job. This suspension will have an initial duration which shall not exceed six months, except that of judicial proceedings is that the effectiveness of the right to protection of the victim required the continuation of the suspension. In this case, the judge may extend the suspension for three months, with a maximum of eighteen months.
For the purposes of article 52 d) of Royal Decree 1/1995 of 24 March, which approves the text revised for the law of the Statute of workers not be computed as lack of assistance the motivated by the physical or psychological situation arising from gender-based violence, accredited by the social care and health care services , as appropriate.
Article 82. Guarantees in case of deprivation of liberty.
Staff that is deprived of liberty, the time that was, is refunded to your job where the cause is superseded or issue firm acquittal.
Article 83. Retirement.
Sets the mandatory retirement at age 65 for all workers and workers affected by this agreement. However, those workers and workers who have not covered the minimum legal period of contribution that guaranteeing retirement, may continue in the company until this period or this requirement.
This measure is adopted within the framework of the promotion of stability and quality of recruitment policy referred to in the Convention and other applicable regulations.
By mutual agreement with the company, the labourer, beginning at age 55, may qualify for reduction of their main work activity halfway through the day as provided for in the Convention for his category work, completing other activities related to his work or degree, the rest of the day.
Companies or entities and their employees and workers, by mutual agreement, may arrange systems of early retirements that existing legislation.
It also sets the formula for relief, in accordance with the legislation in force contract.
Title VI improved social and equality article 84. Sexual harassment and harassment.
The company or entity and the legal representation of workers, where appropriate, will create and maintain a workplace where respect for the dignity and freedom sexual and personal set of people working, keeping them preserved from any physical, psychological or moral attack.
Refers to sexual harassment, in the framework of the employment relationship, all those offensive behaviours and not desired by the aggrieved person and to determine a situation which affects working conditions and believe an offensive, hostile, intimidating and humiliating work environment as well as sexual requests, hints and attitudes involving the improvement of the working conditions or the stability in the workplace the approval or denial of the mentioned favors.
Means moral harassment, within the framework of the employment relationship, all behaviors the holder, managers or other workers, that denigrate personal dignity, exercising a psychological violence, systematic and recurrent, for a long time about a person or persons in the workplace.
Article 85. Work clothes.
When the company decides that its staff are uniformed, according to their functions, will provide workwear, twice a year.
Article 86. Maintenance.
The staff responsible for the supervision of users during lunch hours are entitled to maintenance in the own workplace, free of charge to the labourer.
Article 87. Civil liability and accident insurance.
All companies affected by this Convention must have two insurance policies that guarantee coverage of civil liability and individual accident of the staff affected by this agreement.
The policy will be contracting, taker and depository company.
Companies, affected by this Convention must have such policies in the period of two months from the publication of this agreement, and shall notify the representatives of workers the details thereof and the procedures to follow in the event of accidents.
Staff company, Center or entity listed given high in the regime of Social security through accreditation by the TC-2 bulletins should be secured. As well as, nominally all workers or workers on forced leave.
They are set with the following minimum insurance coverage: Capital insured in case of death: 6,000 euros.
Capital insured in case of permanent invalidity: 12,000 euros.
Title VII article 88 Union rights. Trade union rights.
The members of the Works Council and staff delegates, will have among others the following rights and functions: to) be informed of the severe and very severe penalties in your workplace.
(b) meet on a quarterly basis, at least, the statistics on the rate of absenteeism and its causes, accidents at work and occupational diseases, and its consequences, accident rates, periodic or special studies of the working environment and prevention mechanisms that use.
(c) surveillance in compliance with current standards on labor, Social Security, employment, as well as the rest of the Covenants, conditions and usages in force, by formulating, where appropriate, legal action before the entrepreneur and the agencies or courts.
(d) of the surveillance and control of conditions of safety and hygiene in the development of the work in-house, with characteristics provided for in the law.
(e) the Committee delegates and delegates of personnel, where appropriate, provide for collective bargaining for paid permits that are necessary for the proper fulfilment of the negotiating function, while the last such negotiations.
f) will be available in those companies or workplaces that by its characteristics permit, one or several bulletin boards, of dimensions sufficient and located in sites accessible for workers. Responsibility of the staff delegates and members of the Works Council is the the placement of notices and communications that has made.
(g) no worker or employee may be discriminated against by reason of their membership, and can express freely their impressions, as well as publish and distribute, without disturbing the normal development of the work, publications of interest labour or social.
All worker may be voter or eligible to hold Union Office, provided that it meets the requirements set out in the Statute of workers and the LOLS.
In enterprises or workplaces, permitting its characteristics, will be available to delegates of staff or the Committee adequate premises in which to develop its activities and communicate with workers.
Article 89. Assemblies.
The staff delegates, committees of company or centres of work, or by a number of workers not less than 33% of the workforce, can convene meetings, with a minimum of 48 hours beforehand, prior notice in writing to the company, providing the names of persons not belonging to the company expected to attend the Assembly. Be agreed with the employer appropriate measures to avoid damages in the normal activity of the company, with an annual maximum for their accomplishment of 50 hours and a maximum of 10 hours per month you can not build up month on month. All this according to reflected in chapter II of the Statute of workers.
Article 90. Accumulation of Union hours.
To facilitate Union activity in the enterprise, region or State, the trade unions with the right to be part of the negotiating table from the Convention can earn hours of different representatives of the sector your company, Center or entity.
To make effective the provisions of this article, trade unions shall notify the corresponding employer organization desire to accumulate the hours of their delegates.
Legitimate organizations may agree with the competent administrations permanent agreements Trade Union that apply.
While not reach agreements with the competent authorities, the amount of the salary and social contributions of the permanent Trade Union correspond to companies, centres or organizations signatories of this agreement and attached to the same, proportionally according to the number of workers belonging to the undertaking, institution or entity, who covered in the personal scope of this Convention.
Members of committees of companies or trade union delegates, may voluntarily collect Union hours deemed timely putting them at the disposal of the other trade union committees of companies and delegates members of your institution.
To facilitate Union activity you can reach agreements between trade unions and employers organizations with representation in the sector on the trade union delegates of the respective trade union organizations stacking. In those agreements the conditions and the procedure shall be determined by the parties.
Article 91. Trade Union sections.
The trade unions may constitute trade union sections at the level of the undertaking.
The unions will have right to: have a bulletin board in each workplace, to provide information that may be of interest to members and workers.
The use of suitable premises for their activities in companies with more than 250 workers.
The unions will be represented by shop stewards elected among its affiliates and the following number: 1 steward in 250 companies up to 750 workers; two companies of 751 to 2,000 workers; three companies from 2001 to 5,000 workers: and four 5.001 workers on companies.
Stewards will have the same legal guarantees and rights than those established for members of works councils; the same information and documents that the company puts at the disposal of the Committee; You can attend meetings of the committees and the internal organs of the companies in the field of safety and health; they are to be heard by the company prior to the adoption of collective measures affecting workers or their members, especially in the dismissals and sanctions of the latter; receive and distribute information among workers; hold meetings and Assembly prior communication to the employer at the workplace.
Title VIII disciplinary regime article 92. Disciplinary and graduation of faults.
Workers will be sanctioned under labour breaches by the company, in accordance with the graduation of fouls and penalties provided for in the following articles, without prejudice to potential legal liabilities that may arise.
Fouls are all violations of the duties laid down in the labour legislation or any contractual breach and are classified mild, severe and very severe.
The staff of the company/entity may be sanctioned under labour breaches, in accordance with the graduation of the following faults: to) minor misconduct. The following minor misconduct are considered: 1. negligence in the performance of their duties, as well as the improper use and conservation of the premises and materials in their charge, unless by its apparent gravity, it can be considered as serious.
2 not to communicate advance the lack of a day to work for just cause, unless proven the impossibility of communication.
3. up to three faults of timeliness without justification during the period of thirty calendar days for up to 10 minutes each.
4. the lack of consideration and respect with the superiors, peers and general public.
5. do not notify (deliver or ship the part of low and/or confirmation) within three calendar days of the issuance of the corresponding drop in temporary disability, unless that the impossibility of doing so proves.
6. the lack of cleanliness and personal hygiene when it may affect the provision of the service and provided that, previously, has mediated the timely warning of the company.
7. refusal to perform the medical examination when the service features require it in accordance with the law of prevention of occupational risks.
8 changes of shifts between colleagues and days without authorization.
(b) serious misconduct. They will qualify as serious offences the following: 1. carelessness, fraud, disobedience in the assigned functions, or on any labour, including resistance and obstruction methods of rationalization of work and safety and health measures. If it involved a manifest breach of discipline or it it stemmed or might arise noticeable damage to the company/entity, it may be considered as very serious.
2. more than three absences punctuality without justification in a period of sixty days for more than 10 minutes each of them or a lack of 30 minutes or more.
3 missing two days to work without justification in a period of sixty days.
4. the intoxication or addiction occasional provided that it does not cause any prejudice to their colleagues or their work. Otherwise, it is considered as very serious.
5. the negligence, recklessness or serious negligence in the use or retention of material in charge, it originates a situation of lack of protection, abandonment, neglect or creates risk for the users attended / as or work partners.
6 activities, without appropriate permission, particular during the working day, as well as tools of the company/entity for own uses.
7. the abandonment of the service without cause, except in the event that it could lead to a situation of lack of protection, abandonment, neglect or could create a situation of risk for the serviced users or colleagues that will be considered very serious.
8 contravene legislation on tobacco.
9. the recidivism in three minor misconduct even if they are of a different kind, within a period of sixty days, having mediated written notice.
10. the omission of data or information due according to compliance with legislation and the Center.
11. the presentation of extemporaneous parts of low or confirmation on the eighth day or successive from the date of issue, unless it is proven the impossibility of doing so by force majeure.
12 offenses or other psychic or moral ill-treatment to the users, colleagues, as well as, to any other person that may relate in the performance of their job.
(c) very serious misconduct. They will qualify as very serious offences as follows: 1. violate the provisions of the data protection act.
2 violate or reveal information of required reserve, which produced serious damage to the company/entity, users and/or partners work.
3. the transgression of contractual good faith pursuant to article 54 of the Statute of workers.
4. fraud, notorious disloyalty, abuse of confidence in negotiations and mandated functions, the unfair competition, theft or robbery, both their working partners and to the company/entity or to any other person, within the premises of the company/entity or during the work anywhere, as well as any constituent conduct of intentional crime.
5. more than five absences punctuality without justification, for a period of ninety days of more than 10 minutes each.
6 allow smoking by minors service.
7 physical attacks to users, and people who work in the company or Foundation or family members who live with them, aside from the civil or criminal liability arising from this.
8. the abuse of authority or excess of powers at work.
9. the sexual or moral harassment aside from civil or criminal responsibilities to be derived from this.
10. the acceptance of bribes economic or in-kind.
11. the truancy to work for three days or more over a period of thirty calendar days.
12. The indiscipline, disobedience or negligence at work revealed very serious and notoriously bad form for the company/entity.
13. the simulation of disease or accident or prolongation of the low by illness or accident with the purpose of performing any work for or self-employed.
14. the continued and voluntary decrease in the performance of work has been agreed or usual, or notorious, sharp or punctual absence of performance which could lead to serious accidents by imprudence or negligence.
15. habitual drunkenness and addiction that have always negatively effect at work.
16 serious accidents by imprudence, neglect or carelessness.
17. the abandonment of the service without cause, which originates a situation of lack of protection, abandonment, neglect or creates risk for served users or colleagues.
18. the misuse or abuse of the means of communication and production of the company or Foundation, inside or outside working hours, when it is contrary to the internal rules of the organization/company.
19. the recidivism in three serious offenses, even if they are of a different nature, committed over a period of twelve months.
20. the presentation late the high part in the 24 hours from the date of issue, unless it is proven the impossibility of doing so by force majeure.
21 traffic or consume any type of drug, alcohol, or goods in the interior of the workplace, apart from the civil or criminal liability arising from this.
22. the breach or abandonment of the standards and measures of safety and hygiene at work, when they arise serious risks or harm for the own worker and/or third parties.
Article 93. Sanctions.
The maximum penalties which may be imposed on those who commit fouls will be one of the following: 1. for minor misconduct: reprimand in writing.
Suspension of employment and salary for up to two days.
2. for serious misconduct: reprimand in writing.
Suspension of employment and salary of three to fourteen days.
3. for very serious misconduct: Suspension of employment and salary of 15 to 30 days.
Unfavorable annotations that may be stated in the personal records, as a result of the sanctions imposed shall be cancelled at the end of periods two, four or eight months, depending on whether mild, serious or very serious lack.
Article 94. Processing and prescription.
Severe and very severe sanctions accordingly communicate in writing to the person concerned for their knowledge and effects, giving notification to the Works Council or staff delegates and trade union section to which belong the affected / a if you request it.
The instruction of summary record is mandatory for the imposition of penalties for very serious misconduct. This dossier will commence prior knowledge of the infringement, referring to the statement of objections with concise exposition of the facts lack interested. This record will be transfer, provided that the labourer so requests in writing, to the Works Council or staff delegates and trade union section to which belong the affected / a, for which, both parties and within the period of seven days, can manifest the company they consider convenient to clarify the facts.
In the case of very serious offences the company may impose the sanction of mode precautionary, and suspends the period of limitation of infringement duration of the summary record.
Expiry of the period of seven days and although the Committee, delegates, the trade union section or the worker to have not made use of the right that is granted to make declarations alegaciones, will proceed to impose the sanction deemed appropriate, agreement of the seriousness of the failure and as provided for in the Convention to the worker.
The processing of contradictory record for severe and very severe sanctions, is absolutely essential when concerned members of the Committee of enterprise trade union delegates of personnel or delegates, whether it is active from his Union Office as if it is still in the regulatory period of guarantee.
The minor misconduct shall be extinguished after ten days, the serious twenty days and the very serious within sixty days from the date in which you have knowledge of them, and in any case six months have been committed.
Article 95. Infractions of the entrepreneurs.
It will be as provided in the legal provisions in force and, especially, to the provisions of the law 8/1988, of 7 April, on offences and penalties of social order.
Sole additional provision.
Whereas the specific characteristics of the sector entities or companies that, at the time of entry into force of the present collective agreement, had a particular difficulty, by the needs of the service, in order to apply the day annual maximum established in article 52 establishes a period of adaptation for the application in maximum annual computation of effective working time that you can not go beyond January 1, 2010, to establish the annual maximum of 1,771 hours day and a weekly distribution of reference to 39 hours.
First transitional provision.
The organisations that signed this Convention and the undertakings concerned of its functional scope shall ensure equality of opportunity between men and women, as well as non-discrimination as a matter of gender, sexual orientation, race, religion, political ideology, Trade Union Office, or any other condition in accordance with legislation, jurisprudence and Community directive. It will be special attention regarding the compliance of these precepts in access and employment stability.
Second transitional provision. Clause of pick up.
Those entities which, for financial reasons, could not cope with the salary tables of the present collective agreement in any of the conventions, grants, concerts, contracts, programs or services that come managing prior to the entry into force of this Convention may request the pick up salary, must prove, so objectively and truthfully, the causes by which preclude the viability of the referenced agreement concerned wage tables grant, concert, contract, program or service.
Order to be eligible to the pick up in 2010, the entity must provide the following documentation to the Joint Commission: documents such as specifications conditions, contracts, agreements with public authorities or private entities.
Study of the incidence of wages in the budget's bid for the Convention, grant, concert, contract, program or service.
Any document showing that the application of indirect costs subject to the development of grant, agreement, contract, concert, program or service make unfeasible enforcement of wage tables of this Convention.
Void actions that omit these documentations or which are made after the deadline.
Noted the above-mentioned situation of the entity, the Joint Commission agreed to the application of this clause of pick up and, where appropriate, the fixing of the salary amounts which could be established.
The application of lift must be requested, prior information to the legal representation of workers in the State, the Joint Commission within the period of one month from the publication of the present collective agreement.
For the exercise of its functions, the referred Commission will have the powers and duties following: technicians appointed by the parties comprising the Joint Commission, shall have access to all the documentation necessary to study and test the application.
It should be required of an expert Court of accounts or similar performance, their fees shall be borne by the applicant company.
The members of the Joint Committee and its advisors are required to treat and maintain the maximum reserve received information and data to those who had access as a result of their respective functions.
The Joint Commission shall issue a decision within the maximum period of thirty days from the date of receipt of the request.
The resolution issued by the Joint Commission in any of its phases, may not be subject to appeal by the applicant company and the final decision will be fully Executive.
Representatives of workers are forced to try and keep with the largest reserve, the information received, and the provisions of the preceding paragraphs, noting, therefore, with respect to this, the strictest professional stealth.
Third transitional provision.
In order to improve the quality of the service provided, the signatory parties of this collective agreement undertake to promote the creation of tripartite tables involving public administrations, the majority trade union organizations and the most representative employers. These tripartite tables shall determine and shall ensure compliance with the general criteria of the service, as well as establish the required ratios between users and employees to optimize the service provided.
Fourth transitional provision. Equality plans.
More than 250 workers companies will have the obligation to draw up an equality Plan of the company, agreed with the legal representation of workers. This Plan will affect the entire template, will have an annual effect and pursue at least the following objectives: aim general. - prevent and eliminate situations of inequality between men and women in the company.
Objectives specific. - balancing the number of men and women who make up the staff of the company. Balancing the male or female presence in those positions or categories where there is a smaller representation.
Ensure equality of opportunities in the professional development of women and men.
Promote access to the training of all staff and basically who incorporated permissions or suspensions of work.
Ensure a payment system for all concepts that will not lead to discrimination on grounds of sex.
Reconciling working time management personnel with positions of responsibility, through the adoption of measures making compatible the personal, family and working life.
Prevention of harassment.
Introduction of the gender perspective into the company's internal and external communication.
The Plan will affect, at least, the following areas of application: 1. structure of the template.
3. occupational segregation.
7. reconciliation of work, personal and family life.
8. Prevention of sexual harassment and harassment on grounds of sex.
9 awareness and communication.
The Plan must be carried out in certain phases and with a methodology of work, which are as follows: 1st phase: analysis. - the company will provide the information requested by the Committee on work created for the implementation of the Plan, and will analyze the information provided in order to be able to have a composition of place relative to the situation that should be the subject of study.
2nd phase: diagnosis. - be reached the conclusions of the preliminary analysis and thus, the priority and specific fields of action will be determined.
3rd phase: definition of actions to take.-will be defined the measures to take in the different subjects to be developed in this Plan.
4th phase: implementation/execution of measures. - will be in the defined measures.
5th phase: monitoring and evaluation — will create the equal Commission whose mission will be to periodically review the balance of sexes in the company, as well as equal opportunities for men and women, ensure the implementation of the measures and analysis which has been carried out; all this in order to evaluate their outcome and propose new actions. It will also conduct the harassment complaint process.
Fifth transitional provision.
Under provisions in article 1 of this Convention, the autonomous communities and autonomous cities you can reach compensation agreements for all staff affected by this agreement.
These agreements which form part of this agreement for its effectiveness must be taken by the employer and trade union organizations by majority of effective representation.
These agreements must be sent to the Joint Commission of the Convention so that appropriate to dispose of them before the competent body and its subsequent publication in the official bulletin of the State.
Sixth transitional provision.
The first collective agreement State juvenile reform and protection of minors be linked to the State framework agreement in the sector that could become.
Annex I groups professionals. Chapter I categories functional categories professional definitions for the various categories are those listed in this annex, which forms an integral part of this agreement.
The professional categories specified below, have character and do not imply an obligation for the company having provided all them in the opposite direction nor imply the impossibility of providing new occupational categories.
The qualifications required for the performance of the various occupational categories, will be conditioned by the National Institute of qualifications or in agreements or grants signed with any of the public administrations or private entities.
Group a. - are those persons contracted on the basis of their degree qualification to exercise functions of their specialty.
A.1-psychologist/a. - is the person who, with the required degree qualification, performs the following functions: develop and issue technical reports on the children/youth, in which the situation of the child and its environment is valued.
Advice and technical support to address.
Guide to the professionals who develop their work in direct contact with children/young people about the particular characteristics of each of them to achieve the objectives set out in their individual programs.
Determining the psychosocial of every minor/young person on an individual basis.
Encourage a better adaptation of children/young people and its psycho-social reintegration, improving the assumption of responsibilities and competence family partner of every minor/young person.
Provision of relevant information of a technical nature in the judicial processes of children/young people when this is required by the direction.
Pay attention to the professional secrecy which requires the treatment of personal data.
Assessment and diagnostics of the personality of each child/young person.
Design and implementation of both individual and group intervention with children/young people programmes.
Development of psychological reports that provide information on the actions to be developed by educators in the implementation of the individualized program of the child/young person.
Coordinate the process of assessment and intervention together with the psychiatrist with children requiring so.
Bring a psychological perspective members technical systems that are well established and provide relevant information on actions to develop the educational staff.
All those thus established according to their functions.
A.2 medical/a. - is the person who, with the required degree qualification, serves the health of children/young people, without prejudice to its specialization. It is part of the technical team of the Center or program.
A.3 pedagogue/a. - is the person who, with the required degree qualification, designs and participates in the educational project of the Center, participating and advising on the realization of curriculum adaptations and the teaching support to children/young people.
A.4 to graduate in law. Lawyer/jurist. - is the person who, with the required degree qualification, is contracted for legal advice, is included in a Department, as part of a support or in-house advice service, already constitutes an integral part of the technical team of a workplace.
Performs monitoring and assessment legal judicial measure imposed on the child or youth in a facility, as well as advice to the rest of the technical team and the management of the Centre on how to adapt the implementation of measure with the educational project of Center (PEC) using Individual program of execution of measurement (IMEC).
A.5 journalist. - is the person who, with the required degree qualification carries out functions in accordance with the possessed title.
A.6. researcher/a. - is the person who, with the qualification of grade and experience or training in research, carries out functions of research: diagnosis and assessment of reality, development of methodologies of action, evaluation of them, or others, and all respect and subject to the scientific principles of reliability, validity, falsacion, generalizability of results, or others.
A.7 sociologist/a. - is the person who, with the required degree qualifications, functions according to the possessed title.
A.8 Ingeniero/a in computing. - is the person who performs functions of design and supervision in accordance with possessed degree, both with regard to maintenance of hardware/software and as regards establishment, supervision and maintenance of networks, computers and computer servers.
A.9 Chief for Administration. - is the person who, with the required degree of grade and possessing the experience and training necessary for the performance of the job, performed functions of administration and economic management.
A.10 teacher in high school. - is the person who, with the corresponding degree qualification, carries out education and formal education of children/youth, forming part of the educational team of the Center or program.
Group B.-are those people hired according to their degree of degree or corresponding qualification or demonstrated experience, to exercise the functions of his specialty.
B.1 graduates to social / relations labor. - is the person who, with the required degree qualifications, technical functions of type labor administrative/management of the company.
B.2 worker social - is the person who, with the required degree qualification, performs the following functions: develop and issue technical reports on children/youth, in which the situation of the child/young person and her environment is valued.
Advice and technical support to address.
Guide to the professionals who develop their work in direct contact with children/young people about the particular characteristics of each of them to achieve the objectives set out in their individual programs.
Determining the psychosocial of every minor/young person on an individual basis.
Encourage a better adaptation of children/young people and its psycho-social reintegration, improving the assumption of responsibilities and competence partner child/young family.
Provision of relevant information of a technical nature in the judicial processes of children/young people when this is required by the direction.
Gather information in the social and family of the child/young person environment, analyzing the most significant variables, by means of individual or family interviews both in the workplace and in the homes of children.
Develop the social report, establishing guidelines for action with the child/young person and their environment.
Coordinating and channelling cases to networks of resources who have assigned functions of social action.
Meet the demands of social efforts of children/young people.
Collaborate and coordinate joint actions with the education team for the development of the individualized program of the child/young person.
Channel and coordinate requests for supporting documentation management staff to the relevant agencies.
All those that are established according to their functions.
B.3 educator/a. - is the person who, with a degree in degree or corresponding qualification, performs tasks of direct intervention with minors/young people and/or families, being responsible for the comprehensive and global training of child/youth or group of children/young people in charge.
It takes part, together with technicians and under the direction of the director or Coordinator, in the educational process of the child/young person, performing functions of orientation, programming, implementation and evaluation.
Preparation and follow-up of the plan of action of each child/young person or group. It organizes everyday life and serves the needs of units or groups in accordance with provisions in the existing legislation and indications of the direction of the Centre, in order to promote the comprehensive development of children and young people and their personal and social autonomy. Within the annual programmes develops specific projects depending on the needs of children and youth in its outlets abroad when so set forth, for the realization of educational, training, employment, health, leisure activities and free time, as to the completion of administrative or judicial proceedings. You will administer the medication of children or young people undergoing medical treatment, ensuring that it is carried out according to the indications received from the medical personnel.
Supervises the work of personnel with technical specialist, technical assistant education and driver categories.
It contributes actively to the maintenance of security and order of the Center and monitors and responds to possible emergencies occurring in the group in charge. Daily reports to the Director of the Centre developed actions produced incidents, and of the measures taken. Know and apply the regulations in force. It prepares and fills all documents and records that are considered to be timely, as well as the relevant behavior and evolution of minors or young reports to office established.
Any other functions requiring the education project.
B.4 freedom monitored. technician/a - is the person who, with the qualifications of degree, training and adequate experience, performs no strictly educational tasks from the methodological point of view, or distribution of tasks, guiding its work main way to compliance with and monitoring of the objectives set by the judicial measure of the child in coordination with the centers technical administration and courts, through reports and regular meetings.
It is involved in the prevention, management and resolution of situations of social conflict or coexistence that cope with children or young people in his charge.
B.5 master/a primary. - is the person who, with the required degree qualification, carries out education and formal education of minors, forming part of the educational team of the Center or program.
B.6 DUE. - is the person who, pursuant to their qualification, the health functions of their specialty, among others, the preparation and administration of medication of children or young people, realization of cures and any other functions that can be assigned within their training exercises.
B.7 mediator/a. - is the person who, with the qualifications of degree, training and adequate experience, performs tasks not strictly educational, from the methodological point of view or distribution of tasks, guiding social work of head shape to the prevention, management and resolution of conflicts or coexistence among individuals, communities or groups.
B.8 technician/a in management.--is the person who, with the qualifications of degree, carries out functions in accordance with the possessed title.
B.9 Ingeniero/a technical computer. - is the person who, with the qualification of grade, performs technical functions of maintenance of hardware/software and establishment, supervision and maintenance of networks, computers and computer servers.
B.10 documentalist. - is the person who, with the qualification of grade, performs technical functions in accordance with their studies in librarianship and documentation, such as the creation of systems of organization of information, and the file and treatment documentation, texts, sounds and images in any physical support.
B.11 translator/a. - is the person who, with the qualification of grade, plays a technical role of translation and interpretation of official documentation in languages other than Spanish.
Group c-is grouped in this category all those professionals who are employed preferably under their qualification of Bachelor, F.P.II, INCUAL modules or proven experience, to exercise functions of your specialty or expertise.
To this group belong the following professional categories: C.1. Administrator.-is the person responsible for making purchases and sales, budgets, billing management, management of collection, etc. This position applies only in the juvenile reform centres and is extinct.
C.2. Administrativo/a/Contable.—Es person that performs technical administrative tasks. Among other tasks: statistics and accounting, requiring means calculations; management and use of files and complex files; treatment, calculation and extension of complex Bills; realization of economic and financial statistics; accounting charges; drafting of correspondence of countable type; shorthand and drafting of documents with its own initiative in matters that exceed the admissible; and all those functions of the post of administrative or accounting.
C.3. Monitor for workshops. - is the person who, with sufficient knowledge, develops training with children or youth activities in workshops, taking care of the maintenance and proper functioning of the same.
C.4. Monitor for leisure and time free. - is the person who, with the proper qualifications, works directly on the Organization and activities of leisure and social life of children or young people.
C.5. integration socially. technician/a - is the person who carries out social integration with the appropriate qualifications.
C.6. technical integration work. for - is the person who carries out work integration and/or overseen by the technician of sociolaboral insertion with the appropriate qualifications.
C.7. technical especialista-Auxiliar technical educational. - is the person who, with the proper training, assists in the implementation of the educational centre and individual programme of children or young people, under the supervision of the educator and in coordination with the rest of the educational team, performing auxiliary, complementary and supportive to the work of these.
It performs tasks of observation recording incidences of turn through various established channels.
Attends and provides as well as the rest of the Center's staff or program, basic care and ensure the physical and psychological integration of children and young people.
Prepares and populates all documents deemed relevant according to their functions participates in the elaboration of specific projects depending on the needs of children and the activities of the Center or program.
It accompanies children in your airport or outputs, management, consultations, tours, excursions and animation of the Leisure and free in general. During the implementation of the activities will be accompanied and supervised by the educator.
He collaborates in the instruction for learning centres and occupational workshops.
C.8. head for kitchen. - is the person who directs the staff kitchen, is responsible for the acquisition, care and food flavoring and takes care of his service in the proper conditions, ensuring the compliance with regulations on canteens and food handling.
Group D.-belong to this group those workers and workers, preferably with degree in graduate school, FP I, INCUAL modules or proven experience, and do not direct attention to children/young people and they are hired to perform the functions of: D.1. Administrative Assistant/a. - is the person who, with the corresponding INCUAL modules and with initiative and responsibility restricted and subordinated to the governing bodies of the Center or corresponding administrative area, performs ancillary technical tasks such as typing work, billing, attend telephone calls or other similar, search and sorting files and files management.
D.2. auxiliary clinic. - is the person who, with the corresponding INCUAL modules, carries out functions complementary to of DUE, under the supervision or the doctor or psychiatrist at the Center.
D.3. driver/a-TAI.-is the person who, in the scope of the law 5/2000 and its regulations, is responsible, in accordance with the rules of each centre of work, security, control and containment of minors or young, with direct intervention on children or young people from the Centre's work.
It acts under the supervision of the educator and attends to the guidelines given by the management team of the Center, taking their own initiative only in cases of obvious risk for children or staff of the Centre.
This recruitment shall not relieve the company of hiring security surveillance professional care of the tasks previously described and of their profession.
D.4. chef /-is the person who, with the corresponding INCUAL modules and owning the food handler card, performs specific functions of your training.
D.5. ruler/a. - is the person who, with the corresponding INCUAL modules, is responsible for the coordination of cleaning staff, distributing the service for the best care of the premises of the company, responsible for the keys of lockers, linen, utensils, and cleaning and other domestic material.
D.6. driver/a. - is the person who, being in possession of the licence required by law for public transport services, transfers to children or young people.
D.7. officer for maintenance. - is the person who, with the corresponding INCUAL modules and domain, both theoretical and practical, of his office, performed their duties with sufficient capacity to cope with and resolve incidents of maintenance of facilities, resources and infrastructure in workplace.
D.8. Pinche, auxiliary kitchen.-is who, under the orders of the head of kitchen or Cook, helps him in his duties. You can synchronize its functions with the employee's cleaning, sewing, wash, iron and room service, as well as domestic support.
D.9. Concierge. - is the person who attends service of control of input and supervision of the facilities of the Centre.
D.10. a employee of cleaning/laundry service.-is the one who serves the function of cleaning of dependencies he entrusted. You can synchronize its functions with the employee of the seam, wash, iron, dining and home help service.
D.11. auxiliary support. - is the person who carries out support functions to the minor for the development of the activities of daily living. This position applies only in child protection centres and is extinct.
Annex II salary tables gross per month (x 14) - for professional group 2010 Professional category Euros supplement specific (x 14) - Euros gross per year protection - euro gross annual reform - Euros A «Graduates» jobs: psychologist, physician, educator, lawyer, journalist, researcher, sociologist, computer engineer, head of administration, Professor of secondary, etc 1.285,71 328,57 18.000,00 22.600,00 B «Diploma» jobs: Graduate social, social worker, educator Technically on probation, master of primary, DUE, mediator, technical management, computer technician engineer, researcher, translator 1.178,57 292,86 16.500,00 20.600,00 C administrator 900,00 207,14 15.500,00 technician in social integration, technical integration work 892,86 314,29 12.500,00 16.900,00 workshop, leisure Monitor Monitor free 857,14 321,43 12.000,00 16.500,00 administrative / educational/technical/auxiliary/16.900,00/12.500,00/314,29/892,86/accountant
892,86 314,29 12.500,00 12.500,00 314,29 892,86 maintenance 16.900,00 16.900,00 officer 16.600,00 12.500,00 292,86 892,86 chef 14.500,00 11.500,00 214,29 821,43 Administrative Assistant D 13.100,00 10.500,00 185,71 750,00 clinic assistant controller / TAI 807,14 228,57 11.300,00 14.500,00 Cook, ruler, 11.500,00 214,29 821,43 driver
14.500,00 click, Assistant kitchen/dining room, Concierge, cleaning/laundry 750.00 employee 185,71 10500,00 13.100,00 support 750.00 Assistant 10500,00