Key Benefits:
Having regard to the text of the VI national collective agreement of private universities, private university centres and post-graduate training centres (Convention code number 9910715) which was signed, dated 3 February 2010, from one party to the ACADE and CECE business associations representing the companies in the sector, and from another by the trade union organizations CCOO, FETE-UGT and USO representing the affected labor group, and in accordance with the Article 90 (2) and (3) of the Royal Decree-Law 1/1995 of 24 March 1995 on the the recast text of the Law of the Workers ' Statute and Royal Decree 1040/1981 of 22 May on the registration and deposit of collective labour agreements is approved,
This Work General Address resolves:
First. -Order the registration of the said Collective Agreement in the corresponding Register of this Management Center, with notification to the Negotiating Commission.
Second. -Dispose your publication in the Official State Gazette.
Madrid, April 13, 2010. -Director General of Labor, José Luis Villar Rodríguez.
VI NATIONAL COLLECTIVE AGREEMENT OF PRIVATE UNIVERSITIES,
PRIVATE UNIVERSITY CENTRES AND TRAINING CENTRES
POSTGRADUATES
CHAPTER I
Article 1. Territorial scope.
This convention is applicable throughout the territory of the Spanish State.
In the lower-level agreements that may be negotiated, as of the signing of this agreement, they will be excluded from the negotiation: salaries, salaries, classification of professional categories, day and vacation.
Article 2. Functional scope.
This agreement will apply to private universities and university institutions that are not created or run by non-profit entities. It will also be applied in post-graduate training centres that are part of those and, in the recognised private foreign university centres, whose degrees are automatically approved or validated in the Spanish territory.
Article 3. Personal scope.
This agreement will affect all personnel who, under contract employment, provide their services in and for the centers affected by this agreement.
Staff who collaborate with the affected companies on specific projects that they agree to at other universities, public or private institutions and while they last will be expressly excluded.
Like those mentioned in the recast text of the Workers ' Statute. Articles 1.3 and 2. Graduates who start teaching or research under the leadership of the teachers are also excluded. University staff, as established by the statutes or regulations of each company.
Likewise, the professors of recognized prestige who continue to collaborate, within the meaning of Article 34 of this agreement, are excluded.
Also, professionals who, under a specific agreement signed between universities, foundations and public or private entities, provide teaching services for those in centers or private institutions are expressly excluded. facilities other than those facilities.
Article 4. Temporary scope.
This Convention shall enter into force after its publication in the Official Gazette of the State.
Its duration will be from January 1, 2009 to December 31, 2011. However, the economic conditions shall be reviewed annually.
CHAPTER II
Article 5. Complaint, extension and review.
At the end of its term, this agreement shall be extended automatically from year to year, if it does not express its denunciation by any of its signatories at least two months before the end of the year. its validity or any of its extensions.
Article 6.
Denounced the convention, the signatory parties undertake to initiate talks within a period not exceeding one month of the due date or extension.
Until the signing of the new agreement will remain in force as set out in this Convention.
Article 7. Joint Commission.
A Joint Committee of the Sixth Convention shall be set up, the functions of which are the interpretation and correct application in each of the educational establishments and workers within its scope.
For the resolution of conflicts that may occur during the validity of the VI Convention or any of its extensions and given the territorial scope of application provided for in Article 1, the signatories to this Collective Agreement To the IV ASEC for the settlement of collective conflicts through mediation and arbitration in the terms provided for in such an agreement.
The Joint Commission will be unique throughout the State and will be made up of equal numbers of members belonging to the employers ' organisations on the one hand and the trade unions of the VI Collective Convention on the other.
For the taking of agreements, the favorable vote of the half plus one of each representation, both employer and union, will be specified.
It will meet, on an ordinary basis, once a quarter and when requested by the majority of one of the parties.
The parties will also be able to use this commission for mediation in resolving potential conflicts.
The Commission fixes its headquarters in Madrid, Calle Ferraz, 85 (28008).
If new legal provisions are to be enacted during the term of the Convention which affect the Convention, or for the purposes of its practical application, the Joint Committee may adapt the situation to the reality of the Convention. existing.
In the face of the forthcoming university reforms that will take place in the Spanish State, the employers ' and trade union organizations that are signatories to the Sixth Collective Agreement agree to the constitution, after the signing and publication of the Convention, of the Commission of the Study on Professional Classification, Work Time Management and New Remuneration System. The proposals of these three committees of study may be drawn up, by mutual agreement, in the negotiating committees which are expressly constituted for the incorporation into the text of the present or successive conventions of what is agreed in each of them.
CHAPTER III
Article 8. Organization of the job.
The organization of the work is the sole competence of the Company, within the respect of the legislation in force, as established in this agreement and in accordance with the Regulation that the ownership can establish.
CHAPTER IV
Article 9. Classification of staff.
Staff within the scope of this Convention shall be classified in the following groups, professional subgroups and occupational categories:
Group I. Teachers
a) Professors of Faculties or Higher Technical Schools:
Director Professor.
Added Professor.
Assistant Professor.
Associate Professor.
Assistant Professor.
Contributing teacher.
b) Professors of University Schools or Postgraduate Centres and others:
Added Professor.
Assistant Professor.
Contributing teacher.
Auxiliary Professor.
Each Teacher shall be assigned to a Department, in accordance with the academic organization of the University or Center, without prejudice to the teaching of such teaching in another.
c) Special teachers:
Visiting Professor.
Group II. Non-teaching staff
Subgroup 1. Staff entitled:
Titled Top Grade.
Titled Middle Grade.
Subgroup 2. Investigating Personnel:
Principal Investigator.
Research Assistant.
Subgroup 3. Care and Administrative Staff:
Residence Orientator.
Residency watchdog.
Officer 1.
Officer 2.
Computer Technician.
Computing.
Computer operator.
Subgroup 4. Staff varied:
Llaboratory Technician.
Lab helper.
Library employee.
General services personnel.
Clinical Auxiliary.
Auxiliary.
The work categories specified in the different groups and subgroups are merely enunciative and do not imply any obligation to have all of them established.
The Joint Commission shall be competent to proceed, at the request of the parties, to the approval of the categories which were to apply before the entry into force of this Agreement, as the new system marks. set.
In addition, in consultation with any interested party, the Joint Committee may approve of these categories any other which, in practice, may exist at some centre at the date of entry into force of this Convention, provided that the specific requirements for the classification are met.
Article 10. Functional and temporary categories.
These categories are not labor, but functional, and therefore their duration will be as long as a worker is entrusted by the company. They can be, among others, the following:
Rector, Director.
Vice-Rector, Vice-Director.
Secretary General.
Director, Dean.
Vicedean or Head of Studies.
Department Director.
Head of Management or Department Area.
Director of Residence.
Head of Lab.
CHAPTER V
Article 11. Definition of work and functional categories.
Group I. Teachers
a) Professors of Faculties, Higher Technical Schools.
Professor Director. -He is the Doctor who develops teaching and research activities, directs studies of his/her specialty or interdisciplinary and collaborates in the design and implementation of new programs of studies or research that the center decides to carry out.
In addition, it is responsible for the direction of doctoral thesis, directs and coordinates the development of the activities of teachers of other categories that its department can assign, directs and coordinates the teaching of one or more subjects of the study plans that correspond to his department and he is responsible for the tutoring of groups of students.
Professor Attaché. -It is the Doctor who develops teaching and research activities, develops studies of his/her specialty or interdisciplinary and collaborates with the Professor Director for the execution of the activities entrusts the centre. He is also responsible for the direction of doctoral thesis and may direct or coordinate the teaching of one or more subjects of the curricula that correspond to his department, at the request of the director of the department, when there is no Professor Director in charge of this task. He is in charge of mentoring student groups.
Assistant Professor. -It is the Doctor who develops teaching and research activities, develops studies of his or her specialty or interdisciplinary, takes charge of the doctoral thesis and can coordinate the teaching of one or more several subjects in the curricula that correspond to your department when there is no Professor or Assistant Professor in charge of this task. He is in charge of mentoring student groups.
Associate Professor. -This is the university's senior graduate who develops teaching activities and coordinates several teachers who teach the same or different subjects of the study plans that correspond to their department. They may also be in charge of mentoring groups of students.
Assistant Professor. -He is the senior university graduate who develops teaching activities and is in charge of mentoring student groups.
When the nature of the scientific discipline so permits and expressly permitted by the legislation in force for a specific area of knowledge, it may be sufficient to be in possession of the academic degree of Diplomacy, Engineer Technician or Applier to hold the Associate Professor category.
Associate Professor. -He is the university graduate of higher or middle grade who first accesses the exercise of teaching and who is entrusted with the teaching of one or several subjects under the supervision of a professor of higher category. The mentoring of groups of pupils may be assigned to them. The second year of teaching will go to the assistant professor category.
b) Professors of University Schools or Postgraduate Centers:
Professor Attaché. -It is the university degree that, by bringing together the legal conditions, exercises teaching functions in a university or postgraduate school, directs studies of its specialty and collaborates in the the preparation of the study programmes. At the same time, he directs and coordinates the work of assistant teachers to the attached and serves the tutoring of their students.
If the worker employed with this category holds the title of Doctor, he shall enjoy the economic conditions laid down in this Convention for the category of Professor Attaché of Faculties and Technical Schools. higher.
Assistant Professor. -It is the university degree that exercises teaching in the studies leading to a diploma and tutelage to a group of students.
Assistant Professor. -He is the university graduate who collaborates in the teaching assignments of his department.
c) Special teachers:
Visitors: Those from other universities or companies that, under collaboration agreements, perform teaching functions at the university, university centers or schools. Their conditions will be determined by the specific conventions to be signed by the entities involved.
Group II. Non-teaching staff
Subgroup 1.
Titled Top Grade. -It is who possessing the degree of Licentiate, engineer or architect, exercises in the center the specific function for which he is hired.
Entitled Middle Grade. -It is who possessing a degree of this degree exercises the specialized functions that the center assigns to him by virtue of the faculties that his degree grants him.
Subgroup 2. Investigator staff.
Principal Investigator. -It is the Doctor of Accredited Experience, who is entrusted with the responsibility to lead a research project.
Research Assistant. -It is who, under the leadership of the principal investigator, collaborates in the development of a research project.
Subgroup 3. Care and administrative staff.
Residence Orientator. -It is who has an appropriate degree and is entrusted with tasks of support or academic reinforcement or orientation of students.
Vigilant of residence. -It is the one who watches the order, discipline of the students resident day or night, takes care of the correspondence, telephone, cares for the facilities and beings, etc.
Officer of 1. It is who as such is hired to demand domain in the job or trade to be performed.
Officer 2. -It's who as such is hired, lacks the sufficient experience to develop with mastery its mission.
Computer Technician. -It is the university's titled " in charge of analysis, programming, monitoring and/or configuration of the various computer systems and programs.
Computer. -It's the one entitled in formative cycles/F. Q. in charge of analysis, programming, monitoring and/or configuration of the various computer systems and software.
Computer Operator. -It is the employee who is entrusted with the handling and care of computers, as well as program execution.
Subgroup 4.
Laboratory Technician. -It is the university's middle or higher degree, in FP/formative cycles that takes responsibility for the maintenance of a laboratory, executes the works planned by a teacher and helps to this in the Teaching classes to students in laboratory practice.
Lab Assistant. -Is the employee who collaborates in the execution of lab work and takes care of the good condition of their facilities.
Library Assistant. -It is the worker who performs the tasks of cataloging, sorting, emptying using the available mechanical and computer media, any document and any support; organization, monitoring and control of the different services of the library; recording, processing and managing books and any library material, and how many other tasks are entrusted by the company, within its training.
Where a certificate is legally required, the employee who is entrusted with the function of directing the library shall be subject to the provisions of this convention for the corresponding qualification, referred to in group 2, subgroup 1.
General Services Staff. -It is the worker whom the company entrusts tasks for which a special qualification is not required. These tasks, among others of similar characteristics, may be: surveillance, cleaning of facilities and equipment, attention to the telephone, distribution of correspondence, care of the order and discipline of the students, care of gardens, etc.
Clinic Auxiliary. -It is the responsibility of the reception and orientation of the people attending the university clinic; to perform tasks of preparation and cleaning of the furniture, material, and clinical devices.; to lend all those activities which, without having a health professional character, are intended to facilitate the role of specialised health personnel.
Auxiliary. -It is the employee who performs administrative functions or assists in jobs under the direction of a top-rated employee.
Apprentice-Contracted for training. -Is the contract worker based on what was established in the contract learning contract mode for the training.
Functional categories
Rector (Director). -It is the Director Professor or who meets the requirements to this requirement, to which the company entrusts the maximum academic responsibility of the university or university center.
Vice-Rector (Vice-Director). -Who is designated as such by the company. Help the Rector (Director) in the tasks that it determines.
Secretary General. -It is the titular professor to whom the company entrusts the academic coordination related to the educational administration, the processing of curricula, the processing of academic records, etc.
Director (Dean) of Faculty or Technical School. -It is to whom the company entrusts the Management of a Faculty, Higher Technical School or University School. He will be in charge of the directors and teachers of his Faculty or School.
Vicedean or Head of Studies. -It is to whom the company entrusts the collaboration with the corresponding Director or Dean of the School for the development of the activities of the school.
Will ensure discipline and compliance with established academic objectives and teachers assigned to them.
Department Director. -It is who, meeting the requirements under the current legislation, is appointed by the company to lead the corresponding department.
Head of Management Area or Department. -It is to whom the company entrusts the direction of a given non-academic department and the management of the staff to the attached.
Director of Residence. -It is to whom the company entrusts the direction of the University Residence and the employees who work in it.
Head of Laboratory. -It is who, with adequate qualifications, directs the work of all the laboratories of the University, the assistant staff and is responsible for the provision of material necessary for the activity of the same.
CHAPTER VI
Article 12. Recruitment.
a) General provisions.
The entry of staff within the scope of this Convention shall take place for free employment between the worker and the centre holder.
As long as the selection processes allow, the company will endeavour to hire the teaching staff in advance of 15 days.
Work contracts, whatever their modality, must be formalized in writing, with one copy being given to each contracting party and the other and mandatory bodies and representatives of the workers, according to the with the legislation in force.
The centres may recruit their staff by any of the formulas or modalities accepted under the law in force or by any other that may be enacted during the duration of this Convention, The Commission shall be empowered to make any adjustments.
All persons affected by this Convention shall be deemed to be engaged for an indefinite period of time, with the exceptions specified in this text and those set out in the law, taking into account the specificities of the sector.
Workers incorporated into a work center without any special mode will be considered fixed, after the test period has elapsed.
All workers will automatically move to the fixed condition if, after the deadline specified in the contract, they continue to develop their activities without having signed a new contract or extension of the previous one.
The teaching of staff who, unexpectedly, incurs in low employment for periods that are likely to be lower than the semester may be covered, by mutual agreement, by teachers in the same area of knowledge. If the latter exceeds the maximum number of hours, an economic supplement shall be agreed in accordance with the salary tables set out in Annex I.
The Joint Commission is empowered to make all necessary adaptations by virtue of the legal changes that would take place during the duration of this Convention.
(b) Contract for the promotion of indefinite employment. In the light of current legislation, in order to facilitate the stable placement of unemployed workers and employees subject to temporary contracts, it may be agreed this mode, full-time or part-time-as the case may be-in the legally intended models and with the workers included in one of the following groups:
Initial hiring of unemployed workers with any of the following conditions:
Young people from 16 to 30 years of age, both inclusive.
Women unemployed when they are employed to provide services in occupations or occupations with a lower female employment rate.
Unemployed who have been registered as job seekers for at least six months.
Older than 45 years.
Workers with disabilities
Workers with family loads.
Workers who, on the date of the conclusion of the new contract to promote indefinite employment, were employed in the same company by a fixed or temporary contract of duration, including contracts training, held prior to 31 December 2007.
In the rest of the requirements and conditions (form, social bonuses, severance payments, exclusions, ...), it will be in accordance with the legislation in force, in particular in Law 12/2001, of July 9, or regulations to develop it.
(c) Contract of Interinity. -It is considered as such to be held to replace a worker entitled to the job, under the terms of a rule, agreement or individual agreement, including permits for the activities of any kind that the company entrusts them temporarily, or to temporarily cover a job during the selection or promotion process for their final coverage, as well as to replace workers in training for workers beneficiaries of unemployment benefits. The contract will specify the name of the replacement and the causes of its replacement.
Its duration shall be that of the duration of the right to a job reserve, except in the case of coverage of a job during a selection or promotion process, which may not exceed three months.
In case of keeping the substitute worker in template, once the period of interinity has passed, this will acquire the fixed condition.
(d) Contract for the performance of a given work or service. -It is intended to carry out a specific work or service, with autonomy and its own substance within the activity of the company. The duration of this contract shall be that of the time required for the performance of the work or service. Within the scope of this Convention, they may be covered by contracts of this nature, without prejudice to any other legally permitted application or use, which are intended to:
Impart subjects from Studies Plans to extinguish and not contemplated in the new Plans.
Impart teaching on careers whose extinction has been decided by the Company, and until the complete completion of its partition.
Impart optional or free configuration subjects.
Impart curriculum subjects whose duration does not exceed a four-year academic year, unless the employment relationship is a discontinuous fixed character.
Impart teaching on study plans conducive to obtaining a title of your own.
Impart monographic doctoral courses, seminars, masters or disciplines not included in officially approved curricula.
Lead, with exclusivity, "End of Career" Projects or perform own or concerted research projects or projects with other entities.
This modality may be used for the recruitment of administration and general services personnel, provided that they are the provision of services with autonomy and their own substantive nature within the business of the company.
Under the current legislation, the worker will be entitled to receive an economic allowance equal to the proportion of the amount which will result from paying eight days ' salary for each year of service. Such compensation shall take effect in all contracts concluded from 4 March 2001.
(e) eventual contracts due to the circumstances of production. -This type of contract shall be concluded in the case of market circumstances, accumulation of tasks, etc., even if the normal activity of the the company.
The duration of this contractual mode shall be a maximum of 12 months within a period of 16 months, from the date on which the cause or circumstance justifying its use occurred. If this maximum duration is not exhausted, a single contractual extension may be concluded.
These contracts will clearly specify the cause that justifies it.
Among other possible circumstances, the following causes may be the object of this mode:
Enrollment and enrollment periods.
The exam periods.
The occasional unfolding of groups of pupils for pedagogical reasons.
Under the current legislation, the worker will be entitled to receive an economic compensation equal to the proportion of the amount that will result from paying 8 days of salary for each year of service. Such compensation shall take effect in all contracts concluded from 4 March 2001.
(f) Contract of Work in Practice. -They may be concerned with those who are in possession of a university degree or vocational training of a medium or higher degree or officially recognised qualifications as equivalent enable the professional exercise, within four years immediately following the issue of its last title.
The duration of this contractual modality shall be a minimum of six months and a maximum of two years, being susceptible to two extensions until the maximum limit is exhausted.
The remuneration in this type of contract shall be 90% or 100% during the first or second year of the term of the contract, respectively, of the salary fixed in agreement for a worker who performs the same or equivalent job. In no case, these remuneration may be lower than the minimum inter-professional salary established for each year.
The trial period in this work contract will be the one stipulated in the agreement for the corresponding professional category.
If at the end of the contract, the worker continues the company, a new trial period cannot be arranged for the same or similar job, with the duration of the practices being computed for the purpose of seniority.
By virtue of the same degree, only a traineeship contract may be made, with their respective extensions.
g) Contract for training. -It aims to acquire the theoretical and practical training necessary for the proper performance of a qualified job.
To be held with workers who lack the qualifications required to carry out a contract of practice, over 16 and under 21 years of age who do not have the required qualification to carry out a contract in practice, except that the contract is designed with unemployed persons who are employed as student-workers to the employment workshop programmes or are persons with disabilities.
The upper age limit will be twenty-four years when the contract is designed with unemployed people who become workers-workers to the workshop school programs and trades houses.
The minimum duration of the contract will be 6 months and the maximum of two years. This duration may be increased up to three years in the event that the worker has not completed the educational cycles corresponding to the compulsory schooling, or completes the theoretical and practical training to enable him to acquire the qualification required for job performance.
The remuneration will be from the S.M.I., regardless of the time spent on training.
The time spent on theoretical training will be 20% of the maximum day provided for in the agreement, with the company being able to establish its distribution (altered and/or concentrated).
In the case that the worker continues in the company at the end of the contract, a new probationary period cannot be arranged for the same job, with the duration of the previous contract being computed for the duration of the contract, passing on that assumption to occupy the category immediately superior to yours of the conventionally determined ones.
(h) Part-time contract. -As long as the mandate of the worker in Law 12/2001 of 12 July remains in force, the contract of employment shall be deemed to have been concluded on a part-time basis when the provision of services has been agreed upon a number of hours, per day, per week, month or year, less than the ordinary day of the day laid down in this Convention.
In this contractual modality the proportionality between hours of teaching and non-teaching, in the distribution of the weekly working day, in relation to the ordinary full-time working day, must be respected.
It may be concluded for an indefinite period or for a fixed period, in this case it may be accepted in any form of contract, with the exception of the contract for training and replacement by early retirement (which, only, can be completed on a full-day basis).
In addition, as long as the applicable law remains in force on the date of publication of this Convention, it will be understood as a part-time contract with the worker who, in order to access partial retirement, You are entitled to a reduction in your working time and your salary between 25 and 75% of your work, under the conditions laid down by law, when you meet the general conditions for entitlement to the pension. Social security contributory pension with the exception of age.
The reduction in working time and salary mentioned above may reach 85%, as long as the legislation applicable to the date of publication of this agreement remains in force, when the contract with the reliever is Full-time, indefinite-duration, provided that the worker complies with the requirements of the General Law of Social Security.
It must be formalized within the meaning of the law, and the number of working hours per day per week, month or year of contracts and their distribution must be included.
Part-time workers will not be able to perform overtime, except when performed to prevent or repair claims and other extraordinary and urgent damages.
In the case of indefinite part-time contracts, additional hours may be carried out, where such time has been expressly agreed with the worker, in the contract or by means of a later agreement formalised in writing. official.
The number of additional hours may not exceed 30% of the ordinary hours contracted. In any event, the sum of the ordinary and additional hours may not exceed the limit laid down in the first subparagraph of this paragraph. Such additional hours shall be distributed by the employer in accordance with the needs of the undertaking. And the worker must meet him in advance of seven days.
In all other conditions, it will be in accordance with the legislation in force.
(i) a contract of relief. -It is the contract which is carried out with a worker, who is unemployed or who has concluded a contract with his company for a given duration, in order to cover the day left vacant by the partially retired worker.
As long as the law applicable to the date of publication of this Convention remains in force, except as for the cases of partial retirement where the reduction of working hours and wages may reach 85%, the the duration of the replacement contract may be indefinite or at least as long as the replacement worker is missing in order to reach the age of sixty-five years. If, at the time of this age, the retired worker partially continues in the undertaking, the replacement contract which has been concluded for a given duration may be extended by agreement of the parties for periods of year, which shall be extinguished, in any case, at the end of the period corresponding to the year in which the total retirement of the relieved worker occurs.
In the case of a worker who is partially retired after sixty-five years, the duration of the replacement contract which may be concluded by the undertaking to replace the part of the day left vacant by the undertaking may be Indefinite or annual. In this second case, the contract shall be automatically extended for annual periods, which shall be extinguished in the form specified in the preceding paragraph.
As for the day, as long as the applicable law remains in force on the date of publication of this agreement, except in the cases established for partial retirement with a reduction of day and salary of 85%, the day, may be full or part time. In any case, it shall be at least equal to the day left vacant by the worker who retires in advance.
The post of the reliever worker will be the same as the replaced worker or a similar one corresponding to the same professional group or equivalent category.
Article 13. Test period.
The contracted staff is subject, unless otherwise agreed, to the following test period:
Group I: Five months.
Group II:
Subgroup 1 and 2: Two months.
Subgroup 3: One month.
Subgroup 4: Twenty days.
During the trial period, both the company and the worker can terminate their contract without notice or right to compensation.
This period will be computed for the purpose of seniority if there is no withdrawal and the worker continues in the company.
Regardless of the above, in the case of the teaching staff and the investigator to whom an indefinite contract is made, the probationary period will be ten months. In this case, in the event of the termination of the employment relationship by the company's will from the sixth month of service provision, the worker shall be entitled to an allowance equal to two days ' salary per month worked, counted from the start of that relationship.
Article 14. Vacancies.
It is understood that it occurs vacant when the company, when it comes down, has to legally cover it.
In this case the vacancies will be covered according to the following criteria and groups:
(a) Teaching and research staff.-The higher categories will preferably be covered with the staff of lower categories, provided that, in the company's judgment, they have sufficient skills and capacity. The company will fix the quota of its teaching templates.
b) Non-teaching staff. -To fill vacancies of higher categories, the same criteria as established for Teachers will follow.
(c) Workers hired on a part-time basis, and in particular those of less than 12 hours per week and less than 48 hours per month, shall be given preference to extend their working time or to become vacant provided that the undertaking so requires and meets the requirements that it determines.
Article 15. Promotions.
The Administrative Auxiliary, after three years in the performance of that category, will automatically ascend to Officer
.The promotion of teachers to the immediate higher category will be carried out by the company taking into account criteria, objectives (seniority, publications, qualifications, quota of templates, specific tests, works of research, training, etc.), depending on the candidate's skills.
Article 16. Excess.
It may be voluntary or forced, and, within the latter, it will be distinguished-in addition-the excess for child care and the leave of absence for the care of the family. The company must be granted by the company upon request of the worker. The force must be granted by the company when any of the causes set forth in this article are produced.
(a) Voluntary leave.-To be entitled to recognition, the worker may apply for it two months in advance and shall be granted, except as expressed by the parties, for a minimum of four months and a maximum of five months years.
It will begin to be enjoyed at the end of the academic year in which it is requested or in another if the parties so agree.
It shall not be entitled to the recognition of this excess and for its effects the worker who is incorporated or may be incorporated during the same business in the template of another undertaking engaged in the same activity as the one granting the excess.
The worker, on a voluntary basis, has a preferential right to re-entry into his or her post and category, provided that he or she is vacant and so requests in writing at the end of the period of leave.
b) Forcible exceding. -The company is obliged to grant it to a worker whenever he so requests in writing and in the following cases:
a ') By designation or choice for public office
b ') By sickness, after the time of the IT period, and for as long as the worker remains in an invalidity situation.
c ') For the exercise of union functions of a provincial or higher level, provided that the trade union organisation to which the worker belongs has sufficient legal representation in this sector.
d') For rest of a school year for the teaching or technical workers who wish to dedicate themselves to the professional improvement, duly accredited and for each period of 6 years uninterrupted work in the same center.
During the situation of forced leave, the worker has the right to have the company reserve his or her job and, where appropriate, the seniority shall be computed for the purposes to which it applies.
The worker, at the end of the cause of the excess, has a period of not more than 30 calendar days to be incorporated into his or her work. Failure to do so will cause the company to be permanently low.
(c) Child care transfer. -Workers shall be entitled to a period of leave of absence of not more than three years to take care of the care of each child, whether by nature or by adoption, or by (a) a permanent and pre-adopted acceptance, even if they are provisional, to be counted from the date of birth, or, in the case of a judicial or administrative decision.
In this period, computable for the purposes of seniority, the worker will be entitled, during the first year, to the reserve of his job. After that period, the reserve shall be referred to a post of the same professional group or equivalent category.
Excess for family care. -Workers shall be entitled to a period of leave of no more than two years to care for the care of a family member, up to the second degree of consanguinity or affinity, which for reasons of age, accident or illness cannot be used by yourself and do not carry out paid activity.
During this period, computable for the purposes of seniority, the worker shall be entitled to the reservation of his or her job.
Article 17. Termination of the contract by the worker's will.
The worker when he voluntarily terminates his contract is obliged to inform the company in writing and at the following time: two months the staff of the Docent or researcher and one month the subgroup 3. The rest 15 days.
The failure of the worker to provide the obligation to prewarn the company in advance will entitle the company to disclose the amount of the two-day salary for each day of delay in the notice with the ceiling of the Warning itself.
For each day of delay in payment of the settlement, provided that the company is the cause of such delay, the latter must pay a surcharge of two days of salary for each day of delay in the payment.
The company will deliver to the worker its end for study and before the end date of its employment relationship.
CHAPTER VII
Article 18. Workday.
Group I (teaching staff):
Exclusive full day: 1,685 hours per year, of which 613 will be teaching and 1,072 for the activities referred to in this article and convention.
Ordinary day: 842 hours a year, of which 307 will be of teaching and 535 for the activities referred to in this article and convention.
The remuneration for these days shall be as specified in Annex I (salary tables).
The weekly distribution of this day will be carried out by the company according to its needs at the beginning of each school year or at the beginning of each quarter according to the students ' needs. The company may accumulate the number of hours spent on other activities the hours of teaching that are not used for that purpose.
Indicative for teaching staff the day can be distributed by the company as follows:
Up to 15 hours a week can be used for teaching. This computation shall include all hours of regulated teaching, taught in the laboratory by teaching staff with appropriate qualifications.
The remaining weekly hours will be devoted to research work and to the preparation of classes, tutoring, attention to students ' consultations on academic subjects, examinations, attendance at meetings, government tasks, non- considered as a school day within the meaning of the preceding paragraph, participation in the development of programmed activities to promote the university or centre, in or out of the same, orientation to the students in the process of registration, career-ending projects, etc.
During the month of July or August, the full-time teachers ' day will be continued, with a maximum of 6 hours a day and provided that there is no teaching activity during these months.
Group II-Subgroups 1,2,3 and 4-(non-teaching staff): 1,700 hours per year.
During the period of July and August, provided that the organization of the company permits, the day of the non-teachers can be continued. If not possible, this staff will enjoy four working days a year to be determined by the company.
The maximum daily working day will not exceed eight hours for teaching staff and nine hours for non-teaching staff on full time.
In the periods of continuous day the rest period established for the purpose of the Workers ' Statute, shall be considered as effective working time. The rest between days will be the one established by the Workers ' Statute.
Annually, the company will develop the work schedule and bring it to the attention of the workers ' representatives. You must be exposed to a visible place in the job center.
When a contract is terminated or the employment relationship is extinguished, the company will have to carry out the regularization of the hours worked and those charged within the period worked in that calendar year. Only in the event that they have held more hours than they would have been in a regular distribution of the day, they will be paid to them in the corresponding liquidation.
For these purposes and for the calculation of the wages corresponding to days of part-time contracts, it will be taken into account that each hour of teaching corresponds to 1.75 of other activities.
Article 19. Weekly rest.
It will be enjoyed preferably, during Saturdays and Sundays, except for organizational needs of the company. In this case the rest may be enjoyed on other days of the week and on an ongoing basis, as established by the legislation in force.
Non-teaching staff will enjoy their weekly rest on a full Saturday and Sunday every two weeks.
CHAPTER VIII
Article 20. Salary.
The salary to which workers affected by the agreement are entitled will be made up of: base salary, voluntary supplements, non-absorbable supplements, teaching supplement, and functional complement, if any. Workers will be charged during the first five days of the following month.
The basic salary shall be that resulting from the deduction of the annual remuneration set out in Annex I, the Plus of transport, which is also shown in that Annex.
For the years 2009 and 2010, the wage increase will be 0.8% and 1%, respectively, on the salary tables of the previous year.
For 2011, the agreed wage increase will be the actual CPI of 2010.
Visiting teachers will receive the economic remuneration that will determine the collaboration agreements between universities, institutions or companies.
Article 21. Extraordinary pagas.
Every worker will be entitled to the perception of two extraordinary pagas per year. They shall be composed of base salary and non-absorbable personal complement, according to the sixth final provision of this agreement.
The first one will be paid at Christmas and the second one in the month of July, within the first fortnight, with 31 of the 12 and 30 of the 6, respectively.
Such payments, by mutual agreement between company and trade union representatives, can be prorated along the twelve monthly payments.
Article 22. Functional add-on.
They will be entitled to receive it for those workers who are entrusted with some of the functions specified in the agreement and as long as the company determines it. The amount is determined in Annex I and shall be collected for 12 months.
In addition, all graduates with the professional category of teacher added in university schools will receive a supplement specified in Annex I. for twelve monthly allowances.
Article 23. Special teaching supplement.
The right to this supplement shall be given to teaching staff who, for organisational needs, agree to give more than 15 hours a week dedicated to teaching and the amount set out in Annex I. This supplement shall be collected during the mensualities in which this special work is provided. In any case no more than 22 hours of weekly teaching may be provided.
Article 24. Overtime.
They are the ones that are made, fulfilled the established or agreed day. Their implementation is voluntary for the worker and shall be paid as set out in the Annex to salary tables.
Your value will be calculated based on the following formula:
Worker's annual gross salary.
Worker's annual day.
Such hours may be compensated by the rest equivalents that will be enjoyed within four months of their completion.
CHAPTER IX
Article 25. Holidays.
All staff will enjoy one month's holiday per year worked, preferably in summer.
The teaching staff will also enjoy in Christmas and Easter the holidays that the students enjoy, with the obligation to join a day before the students do so.
Non-teaching staff will enjoy eight working days between Christmas and Easter, programming the company at the beginning of the academic year, although it will be able to set up shifts to serve the necessary service.
Article 26. Paid leave.
The worker, upon notice, may be absent from work, entitled to remuneration, for any of the reasons and for the following time:
a) Fifteen calendar days, in case of marriage or legally recognized situation.
b) Three days in the case of birth of a child or death, serious illness, accident or hospitalization of relatives up to a second degree of consanguinity or affinity. Where, for that reason, the worker needs to move, the time limit shall be five days.
c) Two days for surgical intervention without hospitalization that requires house rest until the second degree of consanguinity or affinity. When the worker needs to make a move to the effect, the time limit will be four days.
d) Two days per usual home move.
e) For the time indispensable for the inexcusable fulfillment of a public and personal duty
f) To perform union functions in the legally established terms and in this convention.
g) For assistance to further training courses, as long as the company expressly authorizes it.
h) One day per family wedding to second degree of consanguinity or affinity.
i) The time required to go for professional improvement exams, provided they do not provide a possibility of access to another job.
j) For the time indispensable for the conduct of prenatal tests and birth preparation techniques that cannot be performed outside the working day.
Paid Leave. -They are those that the company can voluntarily give back. Among others may be those requested by the workers to carry out training courses. This consideration has the individual permits granted under the National Agreements for Continuing Training.
Unpaid leave. -Workers may apply for up to 15 days of unpaid leave per year that the company must grant if requested with a notice of at least 20 days if it is a teacher and 15 if it is not.
Article 27. Maternity, paternity, adoption, acceptance, breastfeeding and legal guardian.
Under law 39/1999:
Maternity.-In the course of delivery the suspension of the contract with reservation to the job, will last for 16 weeks, which will be enjoyed uninterrupted, extensible, in the case of multiple delivery to two weeks more for each child from the second.
Without prejudice to the six weeks immediately following the compulsory rest period for the mother, in the event that the father and the mother work, the mother, at the beginning of the maternity leave period, may choose to the father enjoys a certain and uninterrupted part of the rest period, either simultaneously or successively with that of the mother. The other parent may continue to make use of the period of maternity leave initially transferred, although at the time provided for the return of the mother to work, she is in a situation of temporary incapacity. In the case of simultaneous enjoyment, the sum of the rest periods shall not exceed 16 weeks or those corresponding to multiple births. These periods may be enjoyed on a full-time or part-time basis, subject to agreement between the undertaking and the worker. The legislation in force in the cases of adoption and acceptance of children up to six 6 years of age, over that age, in the case of minors with disabilities, the disabled or with problems of social and family integration, will be dealt with in the light of the rules in force.
In cases of birth of preterm children and in those in whom the neonate must be hospitalized for any other cause after delivery, the permit may be computed at the instance of the mother, or in her absence, of the father, from the date of the discharge. The first six weeks after the delivery of the compulsory suspension of the mother's contract are excluded from that calculation.
Paternity.-In the cases of child birth, adoption or acceptance, the worker shall be entitled to the suspension of the contract for thirteen uninterrupted days (from 1 January 2011 he shall be entitled to the suspension of the contract). for four weeks uninterrupted), which can be extended in the course of delivery, adoption or multiple reception in two more days for each child from the second. This suspension is independent of the shared enjoyment of maternity rest periods.
In the case of delivery, the suspension corresponds exclusively to the other parent. In the case of adoption or acceptance, this right shall be for one of the parents only, at the choice of the persons concerned; however, where the period of maternity leave is fully enjoyed by one of the parents, the The right to a paternity suspension may be exercised by the other.
The worker exercising this right may do so during the period from the end of the child's birth permit, provided for in law or conventionally, or from the judicial decision making up the adoption or from the administrative or judicial decision of a reception until the end of the suspension of the contract for maternity leave or immediately after the termination of that suspension.
The suspension of the paternity contract may be enjoyed on a full-time basis or on a part-time basis of a minimum of 50 per 100, subject to agreement between the employer and the worker, and as determined regulentarily.
The worker must inform the employer, in good time, the exercise of this right.
Breastfeeding. -XX_ENCODE_CASE_One breastfeeding workers of a child under nine months of age shall be entitled to one hour of absence from work, which may be divided into two fractions. At the will of the worker, the worker may substitute this right for the reduction of the normal working day in half an hour, for the same purpose. The time-frame and the determination of the period of enjoyment of the breastfeeding permit shall correspond to the worker, within his usual time, who must prewarn the employer 15 days in advance of the date of reinstatement to his/her Previous day. In the case of the birth of premature children or who for some cause must remain hospitalized after delivery, the mother or father shall be entitled to leave the job for an hour. They will also have the right to reduce their working hours to a maximum of two hours, with a proportional reduction in wages.
The worker may also substitute the right indicated in the preceding paragraph for the accumulation of this period in full days on an ongoing basis immediately after the end of the suspension period. maternity. The completion of such cumulation for the worker who so requests shall be for a paid leave of 20 calendar days. The duration of the permit will be increased proportionally in multiple birth cases.
Reduction of Day. -Who, for reasons of legal guardian, have to their direct care some under eight years or a disabled physical, psychic or sensory, who does not perform a paid activity, will have the right to reduce their working day, with the proportional reduction of his salary, between at least one eighth and maximum of half of the duration of that.
It will have the same right to care for the care of a family member, until the second degree of consanguinity or affinity, which for reasons of age, accident or illness cannot be used by itself and does not carry out activity. retributed.
The time-frame and the determination of the period of enjoyment of the reduction of the day will be the responsibility of the worker, within his usual day, who must prewarn the employer 15 days in advance of the date of return to your previous day.
Article 28. Functional mobility.
The company, if required by the teaching organization, can assign to teachers the delivery of any subject within the knowledge area or other related area, based on their qualifications and category, respecting legal academic requirements, if any.
In this case of mobility, the remuneration that the worker has if he is older will be respected.
In this case it will not be considered a reason for substantial modification of the working conditions contracted with the company.
CHAPTER X
Article 29. Workwear.
When the company forces the use of uniform, it will have an obligation to provide it free of charge to its employees.
The lab staff will be provided whenever you request, two gowns a year.
Article 30. Free teaching.
The company will annually determine the number of free teaching places that workers ' children can choose. The award criteria shall be established by the undertaking and the representatives of the employees.
Article 31. Plus transportation extrasalarial.
All workers at least half a day shall be entitled to receive, during the 11 months of work, a plus of transport and the amount set out in Annex I.
When your lower day, regardless of the amount of the day, you will receive 50% of this plus as set out in the tables in the annex.
Article 32. I.T. (temporary incapacity).
In the case of temporary incapacity and during the first three months the company will pay its employees the necessary supplement to receive 100% of their monthly salary remuneration during this period. the agreement that it would have been able to carry out its work activities. This supplement shall not be paid in the case of extraordinary payments, whether or not they are pro rata monthly, as the said extraordinary payments shall be paid exclusively in proportion to the days actually worked.
This add-on will be applied whenever there is a right to the perception of social security benefit.
The consolidation of each three-year period, and always taking into account the additional sixth provision of this agreement, will entitle the aforementioned supplement to one month's perception.
Article 33. Union rights.
(a) Business Committee. -The Enterprise Committee is the representative and collegiate body of all workers in the company or work center for the defense of their interests, constituting in each work center whose census 50 or more workers.
b) Staff Delegates. -Staff Delegates shall exercise the representation for which they were elected to the employer and shall have the same powers established for the Enterprise Committee.
c) Rights and guarantees. -Members of the Business Committee, the Staff Delegates, and the Trade Union Delegates will have all the powers, rights and guarantees established by the Workers ' Statute, the Organic Law of Union Freedom and other applicable legal positions.
(d) Absence. -Members of the Business Committee, Personnel Delegates, and Trade Union Delegates, upon notice and justification, may be absent from work, entitled to remuneration, to perform trade union or business functions. representation of the staff in the legally established terms and in this agreement.
[e] Accumulation of hours. -In order to facilitate trade union activity in the company, province, Autonomous Community or State, the trade unions with the right to be part of the negotiating table of the agreement will be able to accumulate the hours of the various members of the Enterprise Committees and, as the case may be, the staff members of their organisations, in those workers, delegates or members of the Enterprise Committee whom the trade unions appoint, without exceeding the total maximum.
The trade unions have an obligation to communicate in writing to the employer, in advance of the release, the name of the designated worker upon express acceptance of the same.
(f) Non-discrimination. -No worker may be discriminated against on the grounds of his or her union membership, being able to freely express his or her opinions, as well as publish and distribute, without disturbing the normal development of the work, publications of employment or social interest communicating it to the employer.
(g) Right of assembly.-The right of workers to be held in their workplace shall be guaranteed provided that the normal development of the work of the workers is not disturbed and, in any case, in accordance with the law in force. The meetings shall be communicated to the employer or legal representative of the undertaking in good time, with an indication of the cases on the agenda and the persons not belonging to the establishment plan which are to attend the assembly.
[h] Trade union quota.-A requirement for workers affiliated with the Central or Trade Unions, employers will be able to discount the amount of the union fee that will be entered into the account of the union. corresponding to determine.
(i) Absence by negotiation of a convention. -Trade Union Delegates, or national trade union offices established within the scope of this agreement at national level, who remain as active workers in any company affected by it and have been designated as members of the Negotiating Commission (and provided that the company is from the sector affected by the negotiation or arbitration), prior notice and justification, may be absent from the work, with the right to remuneration, in order to participate in negotiations for future conventions or at Commission meetings Peer.
j) Right of information. -Company will facilitate the exchange of information between workers ' representatives and these.
Article 34. Retirement.
The teaching staff, like the rest of the workers affected by this agreement, will compulsorily retire at the end of the course in which they are 65 years old, provided they meet the legal requirements to be entitled to the perception of your contributory pension. This measure shall be linked to the employment policies provided for in the respective articles of this collective agreement, and other applicable rules, which are intended to promote the stability and quality of the collective agreement.
However, the company may propose to professors of recognized prestige its continuity.
Case of being accepted the proposal by the professor its continuity will be extended, prior to express agreement of the parts, course to course.
The company and its employees may, by mutual agreement, benefit from the early retirement schemes provided for in the legislation in force.
CHAPTER XI
Article 35. Disciplinary regime.
For the personnel affected by this agreement, three types of faults are established: mild, severe and very serious.
They are minor faults:
Three unjustified punctuality in the job for thirty days.
An unjustified lack of work attendance within thirty days.
To terminate the class before the time of its termination, without justified cause, up to two times in thirty days.
Do not communicate address changes within a month.
Negligence in the delivery of qualifications on agreed dates, in the control of attendance and discipline of the students.
Serious faults:
More than three and less than ten unjustified violations of punctuality committed within thirty days.
More than one and fewer and four unjustified work attendance faults within thirty days.
Do not conform to the agreed annual schedules, as well as default to each and every effect of those schedules.
Demonstrate repeated passivity and disinterest with the students regarding the information of the subjects or in the educational formation, in spite of the observations that, in writing, have been made to the effect.
Public discussions with colleagues at the center, who belittle the image of an educator before the student.
The person of the pupil or his or her family is seriously missing.
The recidivism in a mild lack within sixty days.
Not to be cured, within a maximum of 1 week, of the medical part of the discharge, when the work is lacking for justified reasons, unless it is evident that it is impossible to do so, and whenever the company has claimed it within that period.
Disobedience to the explicit orders of the company or its directors.
Very serious faults:
More than nine unjustified violations of punctuality committed within thirty days.
More than three unjustified work attendance faults committed within thirty days.
The unjustified and repeated abandonment of the teaching function.
Serious faults of respect and ill-treatment, in word a work, to any member of the educational community in the center.
The serious breach of educational obligations, in accordance with current legislation.
The recidivism in serious misconduct if committed within six months of the first violation.
Rules of procedure may determine and typify situations, facts and omissions, not provided for in this Convention, in accordance with the law in force.
The offences committed by the workers will be limited to ten days, the serious ones at the age of 15 days and the very serious ones at the age of 50, from the date on which the company became aware of its commission, and in any case, within six months of having been committed.
The penalties will be:
For minor faults: Verbal assembly; if repeated, admonished in writing.
For serious misconduct: Written by written, with knowledge of the Staff Delegates or the Business Committee, if the worker so wishes. If there is a recidivism, suspension of employment and salary of 5 to 15 days, with confirmation in the personal file.
For very serious faults: dismissal of dismissal. Suspension of employment and salary from 16 to 30 days. Dismissal. In all cases with prior communication to the or the Delegates or the Enterprise Committee, if any.
The warning may be accompanied by suspension of employment and salary.
The penalties for serious and very serious misconduct must be communicated in writing to the worker, stating the date and the facts that motivated it. In cases of serious and very serious misconduct penalties, the person concerned shall be heard.
The management of the centre, taking into account the circumstances of the event and the subsequent conduct of the worker, may reduce the penalties for minor, serious and very serious offences, in accordance with the law in effect.
The educational establishments shall record in the personal files of their employees the serious penalties imposed on them, and may also note the warnings and reincidences of minor faults.
The non-commission of minor faults for six months, and of serious ones for one year, will determine the cancellation of the analogous ones that could be included in the personal file.
CHAPTER XII
Article 36. Safety and occupational health.
In so many matters, the provisions contained in Law 31/1995 of 8 November, Prevention of Labor Risks ("Official State Gazette" of 10), and regulations will apply in all matters concerning safety and health. concordant.
For this purpose, companies and workers subject to this Convention shall address the application of the preceding paragraph, in line with the general criteria and declarations provided for in that Law.
Prevention Delegates. -Prevention Delegates are the representatives of workers with specific job risk prevention functions.
With regard to its powers and powers, it will be provided for in Article 36 of Law 31/1995.
It will be applicable to the Delegates of Prevention as provided for in Article 37 of the Law of Prevention 31/1995, as representatives of the workers.
The Delegates of Prevention shall be appointed by and among the representatives of the workers, in the field of the organs of representation provided for in the rules referred to in Article 34 of Law 31/1995.
In the companies of up to 30 workers, the Delegate of Prevention will be the Delegate of Personnel. In companies of 31 to 49 workers there will be a Prevention Delegate who will be chosen by and among the Staff Delegates.
In the companies of 50 or more workers the Prevention Delegates shall be appointed by and among the representatives of the workers, in accordance with the scale set out in Article 35 (2) of Law 31/1995.
Safety and Health Committee. -In companies or workplaces that have 50 or more workers, a Committee on Safety and Health will be set up, which will be formed, as provided for in Article 38 of the aforementioned Law, by the Prevention Delegates, on the one hand, and by the employer and/or their representatives in number equal to that of the other's Prevention Delegates.
The Committee on Safety and Health shall have the powers and powers provided for in Article 39 of Law 31/1995.
The Time Credit of the Prevention Delegates will be the one that corresponds to them as representatives of the workers in this specific matter, and, in addition, the necessary for the development of the following tasks:
The corresponding Security and Health Committee meetings.
The corresponding to meetings convened by the entrepreneur in the field of risk prevention.
The intended to accompany technicians in preventive character evaluations.
The one to accompany the Labor and Social Security Inspectorate in the work center visits.
The derivative of the work center visit to know the circumstances that have resulted in damage to workers ' health.
The intended for your training.
Article 37. Accident insurance.
All companies, which do not have it, will have to subscribe to the relevant accident insurance policy for their employees. Such a policy shall cover medical, surgical and pharmaceutical assistance in the event of an accident both in the exercise of the profession, or in the transfer to work.
In case of death or invalidity the insured capital will be EUR 30,050.61.
Additional disposition first.
The conditions agreed in this convention form an indivisible whole and must be applied with criteria of globality and as a whole
Additional provision second.
This convention may be joined by any employer or trade union association which has the legitimation provided for in Title 3 of the TLRET.
Additional provision third.
The organizations that have signed this agreement, as well as the companies concerned, are welcome to the current (IV) National Agreement on Continuing Training, or the one that replaces it.
The corresponding Sectoral Joint Commission is integrated into the Joint Private Teaching Commission of the Tripartite Foundation for Employment Training.
Additional provision fourth.
The amounts that will be paid by the companies to their employees in excess of those established in this agreement may be absorbed, with the exception of those established in the Final Disposition sixth of this agreement.
With respect to the other situations, in annual computation and as a whole, it will be respected the most beneficial that the workers enjoy, especially regarding the day and holidays that will be respected as ad personam right.
Additional provision fifth.
Neglect clause. -In those institutions that objectively and reliably credit deficit or loss situations held in the previous two accounting years, and maintain a similar pattern in the financial year's forecasts in progress, the wage increases that are agreed upon in agreement will not be necessary and must be applied.
Those centres which are in the situation indicated in the preceding paragraph, must be sent to the Joint Commission in writing, accompanying the following documentation:
(a) Explanatory note to the situation of the center, with express mention of the number of students per classroom, total amount of salaries and social security contributions and general expenses of the center.
b) Accounting of the centre, appropriately audited, with its corresponding balance sheets and results accounts for the last two years.
c) The center's salary proposal for its employees. The application and its documentation shall be sent to the Joint Committee of the Convention within the months of January, February and March.
Once the application has been received, the corresponding file will be formed and transferred from the same to the representatives of the workers of the affected center, within 15 days, with delivery of the documentation provided by the centre. Within seven days from the date of receipt of the said documentation, the representatives of the employees shall have to hold the appropriate meetings with the remaining employees of the centre in order to decide on a position on the offer of this.
If there is an express agreement between company and workers, both parties will set the percentage of salary increase as well as their duration and must communicate it to the Joint Commission.
In the absence of an express agreement within 15 working days from the date of receipt of the workers ' representatives, the Communication of the Joint Committee of the Convention will be cited in its premises to the parties, who will be required to appear on the date indicated.
At the hearing, both parties will set out their positions, providing all those evidence that they try to avail themselves at the time, if possible. If this is not the case, the Joint Committee of the Convention will set a deadline for its practice.
The costs incurred as a result of the intervention of the Joint Committee of the Convention will be fully satisfied by the initiating centre of the discount file.
This clause cannot be applied for two consecutive years.
Additional provision sixth.
The workers who, at the entry into force of this agreement, have recognized the right to the perception of some quantity in antiquity, will continue to perceive it, without which they can continue to increase the number of trienes already consolidated. In compensation, this amount cannot be absorbed and will be updated annually with the same percentage as set for the base salary.
Additional provision seventh.
The possibility that the use of non-sexist modes of expression, guarantors of the presence of women on an equal footing, could represent a difficulty added to the reading and understanding of this Convention, to express to the signatories of this text, that any expression that defines an activity or condition, such as that of worker, employer, delegate, affiliate, etc., is used in a comprehensive sense of the persons of both sexes, except in those cases in which, by legal imperative, correspond to the woman.
The negotiating organizations of this collective agreement wish to record the incorporation of the issues established in Law 1/2004 of 28 December of Comprehensive Protection Measures against the Gender-based violence, which may affect you.
Additional provision octave.
For the sake of clarity, and for that only purpose, between the nomenclature used by the National Agency for the Evaluation of Quality and Accreditation (ANECA)-or the external evaluation body of the corresponding Autonomous Community-and the established in this collective agreement, the equivalence is established between the professional categories of Professor Director, Professor Attaché and Assistant Professor, established in Article 9 of the Convention, with those of Professor Deputy holder, respectively, employed by the aforementioned Agencies.
Additional provision ninth.
The constitution of a Technical Bureau of Work, integrated in the Joint Committee of the present Convention, is agreed for the study of the implementation of the Bologna Agreements in the Private Universities.
The Bureau shall meet, at least, on a quarterly basis, after dispatch of the call and order of the day.
The undersigned organizations undertake to convene the first meeting of the Bureau within a period of less than one month, since the publication of this agreement in the Official Gazette of the State.
Additional provision 10th. Sectoral Joint Body for the Promotion of Health and Safety at Work in the Private Universities sector.
The constitution of a specific body for the promotion of health and safety in the work of a joint nature and state within the sector of private universities is agreed, which will develop programs with the objective of to disclose and report on the professional risks in the sector, as well as on the rights and preventive obligations of the employer and the workers, and the promotion of preventive actions.
This body will assume all the powers provided for in the Spanish Strategy on Safety and Health at Work (2007-2012), and provisions for development, if any, and will carry out actions, planning visits, projects, reports, etc., are accurate as well as an annual assessment to analyse the preventive effects of the programmes.
The organ is called the "Sectoral Joint Body for the Promotion of Health and Safety at Work in the Private Universities sector".
The headquarters of the Sectoral Paritary Authority for the Promotion of Health and Safety at Work in this sector is established at the registered office of ACADE (Association of Autonomous Schools of Private Education).
The Joint Body is composed of the negotiators of this Convention, and must have at least one representative for each of the organizations, equal to the number of components of the social part, as of the employer.
At the first meeting to be held, a President and a Secretary from among its members will be appointed, always leading the Presidency in a representative of the Patron and the Secretariat in a representative of the organizations. union.
The representatives referred to in the preceding paragraph may attend meetings accompanied by the advisors they deem necessary.
Members of the Joint Body shall be appointed and replaced, where appropriate, by their organisations. Its members shall exercise their mandate of representation for a period of four years, and may be re-elected for periods of equal duration, with the exception of the President, whose term of office shall be one year as set out above.
ANNEX I
Pay Tables 2009
| Functional Add-on | |
|---|---|
|
Rector | 8.041.30 |
|
Rector | 4,824, 77 |
| 5.628.89 | |
|
Director Dean | 4,016.71 |
|
of studies | 3.055.61 |
| Director of Depart-ment | 2,814.46 |
|
Area chief or management/non-cente department | 2,412.39 |
| Director of Residence. | 2.412, 39 |
| Labs | 3.216.51 |
|
| Annual Pay | Base salary | Plus transport | Specific Add-on | |
|---|---|---|---|---|---|
|
full day | |||||
|
Director Professor | 33,497.41 | 30.755, 32 | 2.742.08 | 14.48 | |
|
Professor |
29.310.10 | 26.568.01 | 2.742.08 | 14.48 | |
|
Professor | 22.920.90 |
20.178.82 | 2.742.08 | 14.48 | |
|
Professor | 21.668.62 | 18.926.53 | 2.742.08 | 14.48 | |
|
Professor |
19.269.15 | 16.527.07 | 2.742.08 | 14.48 | |
|
Professor | 16.933, 19 | 14.191.10 | 2.742.08 | 14.48 | |
| b) University Schools or Higher Education Centers and others: | |||||
| 28.824, 41 | 26.082.33 | 2.742.08 | 12.05 | ||
|
Professor | 22.652.97 |
19,910.88 | 2.742.08 | 12.05 | |
|
Professor Contributor | 20.935.85 | 18.193, 77 | 2.742.08 | 12.05 | |
|
Auxiliary Teacher |
16.933.19 | 14.191.10 | 2.742.08 | 12.05 | |
|
Full Day | |||||
| Director Professor | 16.748.69 | 14.006, 61 | 2.742.08 | 14.48 | |
|
Professor |
14.655.05 | 11.912.97 | 2.742.08 | 14.48 | |
|
Professor | 11.460.45 |
8,718.37 | 2.742.08 | 14.48 | |
|
Professor | 10.834.32 | 8.092, 24 | 2.742.08 | 14.48 | |
|
Professor |
9.634.58 | 6.892.49 | 2.742.08 | 14.48 | |
| Contributor Professor | 8.466.59 | 5.724.51 | 2.742.08 | 14.48 | |
| b) University Schools or Higher Education Centers and others: | |||||
| 14.412, 21 | 11.670.12 | 2.742.08 | 12.05 | ||
|
Professor | 11.326.46 |
8.584.38 | 2.742.08 | 12.05 | |
|
Professor | 10.467.93 | 7.725, 85 | 2.742.08 | 12.05 | |
|
Auxiliary Professor |
8.467.86 | 5,725.78 | 2.742.08 | 12.05 | |
| c) Special Professors: | |||||
|
s c |
|
|
|
| |
| Group II. Non-teaching | |||||
|
Subgroup 1 |
|
|
|
| |
| 20.935.85 | 18.193, 77 | 2.742.08 |
| ||
| Medium Titled | 17.583.70 | 14,841.61 |
2.742.08 |
| |
|
Subgroup 2 |
|
|
|
| |
| Top Investigator | 29.310.11 | 26,568.02 | 2.742.08 |
| |
|
assistant. | 19.261.02 | 16,518.94 | 2.742.08 |
| |
|
Subgroup 3 |
|
|
|
| |
|
Orientator | 16.849, 17 | 14.107.08 | 2.742.08 |
| |
|
Residency/Residence Employee | 11.059.58 | 8.317.50 | 2.742.08 |
| |
|
| 15.174.33 | 12.432, 24 | 2.742.08 |
| |
|
Officer |
13.398.99 | 10.656.91 | 2.742.08 |
| |
| Computer Technician | 18.423.53 | 15.681.45 | 2.742.08 |
| |
|
Computing | 15,649.41 | 12.907.33 | 2.742.08 |
| |
| 14.236.41 | 11,494.32 | 2.742.08 |
| ||
|
Subgroup 4 |
|
|
|
| |
| Technician Lab | 16.837.09 | 14.095.01 | 2.742.08 |
| |
|
Assistant | 11.724.05 | 8.981.97 | 2.742.08 |
| |
| Library Employee | 11.724.05 | 8.981.97 | 2.742.08 |
| |
|
Auxiliary | 11.059.58 | 8.317.50 | 2.742.08 |
| |
|
General Services Personnel | 11.059.58 | 8.317.50 | 2.742.08 |
| |
|
Auxiliary | 11.059.58 |
8.317.50 | 2.742.08 |
| |
| 11.059.58 | 8.317.50 | 2.742.08 |
| ||
Pay Tables 2010
| Functional Add-on | |
|---|---|
|
Rector | 8.121.71 |
|
Rector | 4.873.02 |
| General Secretary | 5.685.18 |
|
Director Dean | 4.056.88 |
|
of studies | 3.086.17 |
| Director of Depart-ment | 2.842.61 |
|
Area chief or management/non-cente department | 2.436.51 |
| Director of Residence. | 2.412, 39 |
| Labs | 3.248.68 |
|
| Annual Pay | Base salary | Plus transport | Specific Add-on | |
|---|---|---|---|---|---|
|
full day | |||||
| Professor Director | 33.832.38 | 31.062, 87 | 2.769.51 | 14.63 | |
|
Professor |
29,603.20 | 26.833.69 | 2.769.51 | 14.63 | |
|
Professor | 23.150.11 |
20.380.61 | 2.769.51 | 14.63 | |
|
Professor | 21.885.30 | 19.115, 80 | 2.769.51 | 14.63 | |
|
Professor |
19.461.84 | 16.692.34 | 2.769.51 | 14.63 | |
|
Professor | 17.102.52 | 14.333.02 | 2.769.51 | 14.63 | |
| b) University Schools or Higher Education Centers and others: | |||||
| 29.112, 66 | 26,343.15 | 2.769.51 | 12.17 | ||
|
Professor | 22.879.50 |
20.109.99 | 2.769.51 | 12.17 | |
|
Professor Contributor | 21.145.21 | 18.375, 70 | 2.769.51 | 12.17 | |
|
Auxiliary Teacher |
17.102.52 | 14.333.02 | 2.769.51 | 12.17 | |
|
Full Day | |||||
| Professor Director | 16.916.18 | 14.146, 67 | 2.769.51 | 14.63 | |
|
Professor |
14.801.61 | 12.032.10 | 2.769.51 | 14.63 | |
|
Professor | 11.575.06 |
8.805.55 | 2.769.51 | 14.63 | |
|
Professor | 10.942.66 | 8.173, 16 | 2.769.51 | 14.63 | |
|
Professor |
9.730.92 | 6.961.42 | 2.769.51 | 14.63% | |
|
Professor | 8.551, 26 | 5.781.75 | 2.769.51 | 14.63 | |
| b) University Schools or Higher Education Centers and others: | |||||
| 14.556, 33 | 11.786.82 | 2.769.51 | 12.17 | ||
|
Professor | 11.439.72 |
8.670.22 | 2.769.51 | 12.17 | |
|
Professor | 10.572.61 | 7.803, 11 | 2.769.51 | 12.17 | |
|
Auxiliary Professor |
8.552.54 | 5.783.03 | 2.769.51 | 12.17 | |
| c) Special Professors: | |||||
|
s c |
|
|
|
| |
| Group II. Non-teaching | |||||
|
Subgroup 1 |
|
|
|
| |
|
Titled | 21.145.21 | 18.375, 70 | 2.769.51 |
| |
|
17.759.53 |
14.990.03 |
2.769.51 |
| ||
|
Subgroup 2 |
|
|
|
| |
| Top Investigator | 29,603.21 | 26833.71 | 2.769.51 |
| |
|
assistant. | 19.453, 63 | 16.684.13 | 2.769.51 |
| |
|
Subgroup 3 |
|
|
|
| |
|
Orientator | 17.017, 66 | 14.248.16 | 2.769.51 |
| |
|
Residency/Residence Employee | 11.170, 18 | 8.40,67 | 2.769.51 |
| |
|
| 15.326.07 | 12.556.57 | 2.769.51 |
| |
|
Officer |
13.532.98 | 10.763.48 | 2.769.51 |
| |
| Computer Technician | 18.607, 77 | 15.838.26 | 2.769.51 |
| |
|
Computing | 15.805.91 | 13.036.40 | 2.769.51 |
| |
| 14.378.77 | 11.609.27 | 2.769.51 |
| ||
|
Subgroup 4 |
|
|
|
| |
| Technician Lab | 17.005.46 | 14.235.96 | 2.769.51 |
| |
|
Assistant | 11.841.29 | 9.071.79 | 2.769.51 |
| |
| Library Employee | 11.841.29 | 9.071.79 | 2.769.51 |
| |
|
Auxiliary | 11.170.18 | 8.40,67 | 2.769.51 |
| |
|
General Services Personnel | 11.170.18 | 8.40,67 | 2.769.51 |
| |
|
Auxiliary | 11.170.18 |
8.40,67 | 2.769.51 |
| |
| 11.170.18 | 8.40,67 | 2.769.51 |
| ||
