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Resolution Of March 17, 2010, Of The General Directorate Of Labour, Which Is Recorded And Published The Iv Collective Agreement Of State-Level Administration Agencies.

Original Language Title: Resolución de 17 de marzo de 2010, de la Dirección General de Trabajo, por la que se registra y publica el IV Convenio colectivo de ámbito estatal de gestorías administrativas.

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TEXT

Having regard to the text of the Fourth Collective Convention on the State of Administrative Management (Convention Code No 9902385), which was signed on 15 January 2010 by the National Professional Association of Managers Administrative, representing the companies in the sector, and the other, by the trade unions FES-UGT and CC.OO on behalf of the workers in the sector and, in accordance with the provisions of Article 90 (2) and (3) of the Royal Decree Legislative 1/1995, of 24 March, approving the recast of the Law of the Statute of the European Workers and Royal Decree 1040/1981 of 22 May on the registration and deposit of collective labour agreements,

This Work General Address resolves:

First. -Order the registration of the aforementioned collective agreement in the corresponding Register of this Steering Center, with notification to the Negotiating Commission.

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

Madrid, March 17, 2010. -Director General of Labor, José Luis Villar Rodríguez.

IV STATE-WIDE COLLECTIVE AGREEMENT FOR ADMINISTRATIVE MANAGEMENT

This collective state-wide convention for "Administrative Managers" is granted by the trade union organizations Federation of Financial and Administrative Services of CCOO (COMFIA-CC.OO.) and the State Federation of UGT services (FES-UGT) and the National Professional Association of Administrative Managers.

CHAPTER I

General provisions

Article 1. Functional and territorial scope.

This agreement will regulate, as of its entry into force, the industrial relations in all the Administrative Managers and their Collegial Organizations located in the Spanish State, and will also provide for the specific characteristics of the of each zone. This convention is mandatory throughout the territory of the Spanish State for the companies located in the State and the personnel included in its functional and personal scope.

Article 2. Personal scope.

This Convention shall apply to all the staff of the undertakings referred to in Article 1, except for senior staff whose special employment relationship is regulated in R.D. 1382/1985 of 1 August 1985, and the other activities and relationships referred to in Article 1 (3) and Article 2, both of the Staff Regulations.

Article 3. Temporal scope: Vigency and review.

The duration of this agreement is established until 31 December 2009 and will enter into force on the day following its signature, regardless of the date of its publication in the "Official State Gazette". It is expressly stated that wages will have an effect from 1 January 2009.

Given the date of the signature of the signatory parties, they give the agreement in this act, stating expressly that the Negotiating Table of the V collective agreement will be constituted on February 15, 2010. It is also evident that the convention has been denounced, and until no express agreement is reached, for the purposes of Articles 86.3 and 4 of the Workers ' Statute, it will be understood that the validity of its normative content is maintained.

Article 4. More beneficial conditions, respect for the conditions acquired.

The wages set out in this Convention are of a minimum. The most beneficial conditions shall be respected and maintained, which for all concepts and, in annual computation, exceed what is agreed upon in this agreement.

Article 5. Compensation and absorption.

The wage increases agreed in this Convention and the amounts resulting from the application of the conditions agreed therein, including their additional and transitional provisions, are not compensable or absorbable with improvements which, by any concept, have already been granted by companies.

Except for the provisions of the preceding paragraph, the possible amounts which, in the light of this Convention, have already been paid by the undertakings prior to their entry into force.

Article 6. Concurrency of conventions.

The signatory parties expressly agree that (in accordance with paragraph 2 of Articles 83 and 84 of the Workers ' Statute) it is their will not to be affected by the provisions of current or future conventions in the field. different in no matter. To this end, they declare that, if, in spite of what was previously agreed, there is or may be a concurrency between the present State Convention and any other of a different scope, as a general rule the matters contained in this Convention have the the minimum standard of duty necessary, except in those rules where there is a referral to other areas of negotiation, and where the nature, content and scope of the referral to be referred to are to be provided.

In matters in which it is expressly established, this Convention, and in consideration of its singular nature, shall have the exclusive and exclusive character.

They have the consideration of non-negotiable subjects, in any case: the functional scope; the personal scope; the modalities of recruitment; the period of testing; the professional groups and levels; the legal management of faults and sanctions; minimum standards for safety and health at work, and geographical mobility.

Within the framework established in the Treaty, and in this Convention, the undersigned organisations consider to be of interest the development which, in the areas of the Autonomous Communities, can be carried out in the fields of concerning the work schedule, language and use of the autonomic systems for the out-of-court settlement of collective labour disputes.

Article 7. Globality.

The conditions agreed upon in this Convention form an organic and indivisible whole, and, for the purposes of their practical application, will be considered globally.

In the event that the labor jurisdiction declares the nullity of any of the agreed rules, the negotiating parties will decide, by mutual agreement, the need to renegotiate the standard and those other that are affected, under the principle that the nullity of some or some of them does not constitute the nullity of the entire convention.

CHAPTER II

Working Organization and Functional Mobility

Article 8. Principles of organization of work.

The organization of work in accordance with the provisions of this Convention, and in accordance with current legislation, is the exclusive right of the management of the company.

The organization of work is aimed at achieving optimal levels of productivity, efficiency, quality, and working conditions in companies in the sector.

The achievement of these goals is made possible on the basis of the principles of good faith and diligence of companies and workers.

Work organisation systems and their modifications will be complemented, for their effectiveness, with appropriate training policies.

Article 9. Functional mobility.

The functional mobility within the undertaking shall be carried out in accordance with the provisions of this Convention, while respecting the legal status, guarantees and requirements laid down in the Staff Regulations.

Functional mobility within the same professional group will not be possible between radically different specialties, requiring complex adaptation processes, unless training is provided to the worker. appropriate.

Within the professional group, the degree of requirements or performance of the functions performed by the worker at any time shall determine the category that applies to it.

Functional mobility within the same professional group will not reduce the category of provenance.

Mobility, both for the performance of tasks belonging to a higher professional group, and for the performance of functions belonging to a lower professional group, shall be regulated in accordance with the provisions of the established in this respect in Article 39 of the Staff Regulations.

Where the undertaking considers it necessary for the worker to carry out work corresponding to a higher category, the latter shall, during the period in which he provides the same, receive the salary corresponding to that category.

Those performing functions of a higher category over a period of more than six months at least in the one-year period, or for eight months at least, over a period of two years, shall be entitled to the promotion to the category corresponding to the functions performed.

Mobility, when it involves changes between specialized technical management and general service management, may be carried out whenever the new functions assigned are equivalent to those of origin, understood by the equivalence in the terms laid down in Article 22.3 of the Staff Regulations.

The functional mobility that takes place by mutual agreement between the parties, shall comply with the general provisions of this Convention and the applicable law.

Consequently, changes of functions other than those set out in the preceding paragraphs will require agreement of the parties or, failing that, the submission to the rules laid down for the substantial modifications of the working conditions, in accordance with the provisions of Article 41.1. (f) the Staff Regulations.

CHAPTER III

Professional classification

Article 10. Professional classification. General criteria.

The staff of the Administrative Management companies are classified into professional groups for the purposes of the functions that are developed in accordance with the definitions set out in the following articles.

The professional structure that is defined aims to achieve a rational and efficient organization of human resources.

Article 11. Professional groups.

Staff within the scope of this convention are classified in the following professional groups:

Group I: Staff titled.

Group II: Administration.

Group III: Services.

The classification of the different groups and jobs will be carried out according to the most representative basic tasks and functions developed by the workers, in conjunction with the assessment factors.

When functional multipurpose is agreed or the performance of functions of two or more professional groups or of two or more categories within the same group is agreed, the assimilation to one or another group or to one or another category perform according to the functions that are prevalent.

The factors that determine the classification in each of the professional groups are as follows:

a) Autonomy: It value the degree of hierarchical dependency in the performance of the functions or tasks that are developed.

b) Initiative: Value the level of job retention to guidelines and rules for the execution of the function that is developed.

c) Responsibility: Value the degree of influence on the results of the function developed.

d) Knowledge: Value the basic training required to be able to properly develop the function entrusted.

e) Complexity: Values the degree of integration of the aforementioned set of factors for the execution of the job's own functions.

Article 12. Characteristics of the professional groups.

An enunciative and non-limiting title are listed as functions or activities to be developed by the staff and will be as follows:

Group I. Personal titled.

Staff entitled: Integran this group the workers who are in possession of the academic degree of higher or middle grade, and have employment relationship with the company because of the title they possess, to exercise functions specific to the fact that such a title enables them or those tasks which are attributed to them provided that they provide their services exclusively in exchange for pay and without being subject to the usual scale of fees of their profession.

Group II. Administration.

Coordinator/and/or Head Administration: This professional category is made by workers who are directly responsible for management or management, with or without powers, with technical, theoretical and practical knowledge of all or a group of subjects that comprise the management of promoting, activating, requesting and carrying out management procedures, as well as of organization and administration in general, perform functions of responsibility and maximum trust in a dispatch or office, in relationship to the preparation of documents, statements, written requests, liquidations, both in the fiscal, labor, administrative or other fields in the competencies of the Public Administrations and the state and parastatal agencies and entities; being able to distribute, orient and direct these works to their subordinates.

You can take care of the address of an area or section of the dispatch.

Officer/First: Workers acting on the orders of the professional holder of the office or who is the head, if any, with theoretical and/or practical knowledge, are assigned to this professional category. necessary, carry out with the maximum correction, works that require initiative and responsibility, within the own matters of the management procedure, which will be carried out, both in the office of which it depends as in public centers or private in line with their category.

Official/second: This professional category is included by workers who, with limited initiative and responsibility, and in any case subordination to the professional in charge of the office or to whom the head or person of the Higher category, if any, carry out administrative formalities and work, which require secondary knowledge of the administrative technique, developing management tasks before the Public Administrations, which require fundamentally know-how. An enunciative and non-limiting title, it shall establish liquidations, calculations, organization of assets and files, classification and dispatch of ordinary correspondence, or instances and writings.

Administrative Assistant: Is the employee or employee who performs elementary administrative and office operations, such as archiving, typing, cash collection, introduction of data on computers, completion of all Class of forms and forms, liquidations in machines and, in general, the purely mechanical inherent to the work, being able to carry out demarches that do not require specific technical knowledge, near the centers of the Public Administrations in line with the tasks of the professional category. They shall also make arrangements for the submission, monitoring and withdrawal of documents and cases before all public, private and professional administrations.

First-Year Auxiliary: It is the employee or employee who performs basic administrative and instrumental tasks, and/or support in the Professional Management Group and introduction to the company's own activities. Also, how many auxiliary initiation activities contribute to the acquisition of the necessary practical and training knowledge for the performance of a more qualified job. You will remain in this category for a maximum of 12 months from your recruitment, joining the second year Auxiliary category.

Second Year Auxiliary: Is the employee or employee who performs basic administrative and instrumental tasks, and/or support the Professional Management Group and introduction to the company's own activities. Also, how many auxiliary initiation activities contribute to the acquisition of the necessary practical and training knowledge for the performance of a more qualified job. You will remain in this category for a maximum of 12 months from your recruitment or from your promotion from First Year Auxiliary, incorporating later into the Administrative Auxiliary category.

Group III. Services.

Ordinance: Under this professional category, the subaltern personnel whose mission is to do errands in and out of the office, to collect and to deliver correspondence, as well as other works of a secondary nature, ordered by the head office, excluding those corresponding to other categories of higher nature, dating or sealing the mail, and similar works to those specified, of an elementary nature. He will be responsible for the control of the cleanliness, order and conservation of the premises.

Cleaning staff: This professional category is assigned to the cleaning staff at the premises of the company.

CHAPTER IV

Professional training

Article 13. General principles.

In accordance with Article 23 of the Workers ' Statute and in order to facilitate vocational training, workers who provide services in this sector shall be entitled to provide the carrying out studies for the production of officially recognised academic or professional qualifications, and for further training courses organised by the company or other bodies.

Article 14. Objectives.

Professional training will seek to address, among others, the following objectives:

A) The adaptation to the job and its modifications.

B) The specialization within the job itself.

C) Professional reconversion.

D) The extension of the knowledge applicable to the activities of the sector.

Information. -Companies will report on the basis of the legal representation of workers on their annual training plan, who will be able to issue reports on the plan, which will in no case be binding.

Article 15. Sectoral training commission.

A Joint Sectoral Training Commission shall be set up within the scope of this Convention, composed of two representatives of the trade union representation and two representatives of the employers ' union.

This Commission will have the following competencies:

1. Ensure compliance with the III National Agreements on Continuing Training (bipartite and tripartite) and any other that replace them, in the field of this collective agreement.

2. To establish the indicative criteria for drawing up the training plans corresponding to this area, priorities of the training initiatives to be carried out in the sector, guidance on the target groups of the Training actions, criteria that facilitate the linkage of continuous sectoral training with the professional classification system.

3. Propose the conduct of studies for the detection of training needs.

4. To promote continuing training between companies and their staff.

5. To encourage access to the training of lower-skilled staff.

6. Carry out the monitoring and evaluation of continuing training given in its field.

The Continuing Training Sectoral Joint Commission will draw up its own Rules of Procedure.

CHAPTER V

Hiring

Article 16. Indefinite hiring.

To fulfill the commitment of the companies to promote the employment stability of the workers included in the personal scope of this agreement, the usual hiring modality in the sector to cover the Structural requirements for staff in each of the companies will be the indefinite contract, either full time or part time.

Article 17. Training contracts.

This type of contract can be formalized with those people who start in the work of the professional activity with the objective of acquiring the theoretical and practical training necessary for a complete training. job professional.

The training contract will be governed by what is set in the art. 11 of the Staff Regulations and other implementing rules, with the following specifications:

1. The contract of employment for training may be concluded with workers who are less than 21 years of age.

2. The duration of the contract may be six months up to two years.

3. The trial period will be one month.

4. The remuneration of staff engaged in training shall in no case be less than 80% during the first year and 90% during the second year of the salary fixed in this agreement for the administrative aid. This remuneration corresponds to an effective working day of 85%, with the remaining 15% being devoted to theoretical training, according to art. 11.2.e) of the E.T.

At the discretion of the company and provided that the effectiveness of the theoretical training is guaranteed, it will be ensured that it is imparted at a distance, by recognised centres.

Article 18. Fixed-term contracts.

Given the characteristics of the sector, and under the provisions of Article 15.1.b of the recast of the Workers ' Statute, it is established that the maximum duration of such contracts will be nine months within a twelve-month period, counted from the time the employment relationship is initiated.

The activities for which contracts may be made due to circumstances of the production or accumulation of tasks are: those that are motivated by the increase of the normal business activity by more than 20% compared to the average monthly activity. The total number of fixed-term contracts cannot exceed 10% of the total of the company's workforce or a contract when the company has fewer than ten employees.

Extinguished the contract for the expiry of the agreed time, provided that the total duration of the contract has been equal to or greater than six months, the worker shall be entitled to compensation equivalent to the proportional part of the twelve days per year worked.

Article 19. Notice of cessation.

The worker's voluntary cessation must be communicated to the company at least in advance according to the following scale:

Group I: Two months.

Group II: One month.

Group III: Fifteen days.

Article 20. Test period.

Any entry into the company effected by written contract shall be deemed provisional during a trial period which may not exceed the period indicated on the following scale:

Group I: Six months.

Group II: Two months.

Group III: Fifteen days.

During this period, both the company and the worker may unilaterally proceed to the termination of the contract or withdraw from the test, without prior notice and without any of the parties being entitled to compensation, except those legally established.

The pact that establishes a test period will be null when the worker has performed the same functions previously in the company, under any mode of hiring.

CHAPTER VI

Working Time

Article 21. Workday.

The annual working day will be 1,790 hours.

On a general basis, the weekly day will have an uninterrupted break of forty-eight consecutive hours, which is recommended to correspond with Saturday and Sunday. In any case, the distribution of the day established by each company will be respected, which must be considered as a break from Saturday and Sunday afternoon.

It will be ensured that in the summer it is carried out continuous day for two consecutive months, one of which must be the August one.

Annually the work schedule will be prepared by the companies, after hearing the legal representation of the workers, which will be displayed in a visible place in each working center.

Companies will be able to set up annual work schedules, including as special schedules, the irregular distribution of the day in periods of maximum activity. In this case, the weekly working day, including overtime, may not exceed 48 hours and with absolute respect to the weekly rest indicated and to the daily regulated in the Workers ' Statute.

The introduction of an irregular working day in institutions which do not have it established must be considered as a substantial modification of the working conditions and be subject to the provisions of Article 41 of the Treaty. Staff Regulations.

Article 22. Holidays.

All workers at the company's service will enjoy twenty-two working days of paid annual leave. The enjoyment of the holidays will be proportional to the time worked. In any case and for these purposes, the Saturday shall be considered non-working day.

The enjoyment period will preferably be during the months of July, August and September and will be fixed by common agreement between company and staff at your service.

The enjoyment of the holidays can be split into two periods, with the dates corresponding to two months in advance to the beginning of your enjoyment.

Article 23. Overtime.

In order to promote job creation, it is agreed to reduce the number of overtime hours to the minimum.

They will have the consideration of extraordinary hours that exceed the maximum duration of the ordinary day, in accordance with the provisions of art. 35 of the E.T.

The compensation of overtime, as a general and preferential criterion, shall be made by equal free time in any period within three months of its completion. In the alternative, overtime with an economic remuneration equal to the value of the ordinary hour increased by 50 per 100 may be compensated.

CHAPTER VII

Remuneration

Article 24. Salary tables.

The salaries agreed in this Convention for 2009, in annual calculation, and to be distributed in 14 monthly payments and grouped by levels of the various professional categories are those set out in the Annex to this Convention. convention.

The wage increase for 2009 will be 1%.

Article 25. Extraordinary rewards.

Two pages of thirty days ' salary agreement (according to tables) called summer and Christmas are established, which will be paid in the months of July and December and at most on the dates of July 15 and December 22, respectively; may, at the company's discretion, be prorated monthly.

The staff who have entered or ceased the company during the course of the year shall be charged with the proportion of the time worked.

Article 26. Costs of locomotion and diets.

Staff affected by this convention who move from the locality where the work centre is located shall be entitled to receive:

(a) Locomotion Expenses: The displacements which, as a result of the tasks which are ordered to the staff, and which must be performed outside the municipality where they radiate their working centre, will be paid by the company.

When workers use their own vehicle for such displacements, provided that prior authorisation has been received from the company to do so, they will receive compensation of € 0.19 per kilometre.

(b) Diets: Workers who, for the needs of businesses, have to move to a different population from that where they radiating their work centre, will receive a diet of 13 euros, when they make a meal out and overnight at your home; and 25 euros, when you make the two meals outside, overnight at your home. Where the stay is outside the home, the undertaking shall bear the costs of accommodation, which shall in no case be higher than the three-star category, and the expenditure shall be justified by the corresponding invoice.

CHAPTER VIII

Permissions, licenses, and exceed

Article 27. Studies.

Staff who are studying for official academic or professional qualifications shall be entitled to the benefit of the paid leave required to attend examinations, with the obligation to present the supporting documents, as well as a preference to choose shift work if this is the scheme established in the company.

Article 28. Paid leave.

The staff affected by this Convention shall be entitled, upon notice and justification, to be absent from work, entitled to remuneration, for any of the reasons and for the following time:

a) In case of marriage 15 days, which may be cumulative to the holiday period. In addition to this permit, the stable partnerships of a couple which are constituted, as from the signing of this agreement, shall be entitled to this permit in accordance with the autonomous laws governing such situations.

b) Marriage of parents, siblings and children: one day that will be extended to 2, when the worker needs to carry out a displacement of more than 100 km from where he radiates the center of work.

c) Three days in cases of child birth, adoption, or family or preadoptive reception.

They will be expandable to five calendar days, when you need to make a displacement of more than 100 km from where you radiate the job center.

(d) Pregnant workers shall be entitled to leave for the time necessary for the carrying out of prenatal examinations and birth preparation techniques to be carried out within their working time.

e) Five days for the death of the spouse or related person with similar affective relationship, parents and children. Two days, expandable to three when it is necessary to carry out a displacement of more than 100 km from where it radiuses the center of work, by the passing of brothers, grandparents, grandchildren and in-laws.

(f) Three calendar days, which can be extended to four, when a displacement of more than 100 km is needed from where the centre of work, by illness or serious accident, in both cases with hospitalization, from the spouse or a person linked with a similar affective relationship, or from relatives to the second degree of consanguinity or affinity.

g) One day per usual home move.

h) For the time indispensable for the fulfilment of an inexcusable public and personal duty.

i) To the required permissions to attend exams.

j) By the provision of the monthly hours credit attributed to the legal representatives of the employees for the exercise of their representation functions.

k) Medical visits: the essential time. Except in cases of urgency, workers shall be required to provide the undertaking with a minimum of 24 hours in advance. In all cases, they must provide the supporting company with the business of the visit and the time spent.

l) For personal needs with prior notice: One day per year, which will not be able to accumulate on holiday, except pact against. Undertakings may exclude periods of maximum activity for the enjoyment of the day of free movement.

You will also enjoy another additional day of paid leave that will preferably be on December 24 or December 31. The date of your enjoyment will be set by the company for each person, being able to split the template into two or more for the purposes of not closing the company.

Article 29. Leave of absence to care for child and family care.

Workers shall be entitled to a period of leave of absence for the care of each child, either by nature or by adoption, or in the case of a permanent and pre-adoption, to be counted from the the date of birth, or where appropriate, of the judicial or administrative decision. In the case of international adoption, the right was born at the time of the embassy notification. The excess referred to in this paragraph constitutes an individual right of the male or female workers. However, if two or more employees of the same undertaking generate that right by the same deceased person, the employer may limit his or her simultaneous exercise for justified reasons of operation of the undertaking. Where a new deceased person is entitled to a new period of leave of absence, the start of the period shall end to the one where he is enjoying himself.

The duration of this type of excess may reach the following maximum periods:

a) A maximum period of twelve months from the completion of the maternal discharge. During this time, the worker, even if he is in a situation of leave, will be able to take advantage of the training programs established in the company, as if he were in active.

(b) A period of not more than three years from the date of birth or adoption of the child.

Staff shall also be entitled to a period of leave of absence of not more than two years, to take care of a family member up to the second degree of consanguinity or affinity for reasons of age, accident or the disease cannot be used by themselves and do not carry out any paid activity. When a new family member who is entitled to a new period of leave of absence starts the same period he will end the one who is enjoying himself.

The excess regulated in this article must always be requested in writing, at least 15 days in advance, in respect of the start date. The company must also reply in writing within the following five days.

Excess-regulated in this article are not paid but if they compute for seniority purposes. At the end of the leave the return to work will be automatic to your job under the same conditions as before your enjoyment, provided that the excess does not exceed two years.

Article 30. Breaks and day reductions.

For the breastfeeding of children under the age of nine months, female workers are entitled to a break or reduction of one hour's duration, during which time they may be absent from the workplace. Such a break may be divided into two fractions, and may be granted without distinction to the father or mother in the event that both serve in the same undertaking.

In the cases of birth of premature children or who, for any reason, have to continue to be hospitalized after delivery, the father or mother has the right to be absent from work for a daily hour. They will also have the right to reduce their working hours up to a maximum of two hours, with a proportional reduction in wages. If the two parents work in the same company only one of them can exercise these rights.

Workers who, for reasons of legal guardian, have direct care under the age of eight years, or persons with physical, mental or sensory disabilities, who do not carry out a paid activity, are entitled to a reduction of the working day up to a maximum of half the duration of the work, with the corresponding proportional reduction of their remuneration.

The same right is recognized for those who are cared for by a relative of up to a second degree of consanguinity or affinity who does not carry out any paid activity and who, by reason of age, accident or illness, is incapacitated. to fend for itself.

The time-frame and the determination of the period of enjoyment of the nursing permit and the reduction of the time to take care of a child or a relative of those provided for in this article correspond to the worker within their ordinary day. The worker shall be required to notify the employer 15 days in advance of the date on which he/she will return to his/her ordinary day.

Article 31. Unpaid leave.

Workers at the service of companies who have at least two years in the service will have the right to apply for a single unpaid leave per year, for a maximum of 20 days. Undertakings shall grant such permission, unless it is not possible for the purposes of the service. Your application and grant shall be made in writing.

Article 32. Early retirement at sixty-four years.

Workers who want to be able to negotiate with their companies early retirement at the age of sixty-four years, in accordance with current legislation.

For these purposes, at the same time, the company will be engaged in the recruitment of young workers or recipients of unemployment benefits, in number equal to that of early retirement, with a contract that will be of an identical nature to which the worker's retirement is extinguished in terms of its duration, but not in respect of the professional category which the retired person holds, which may be different at all times.

CHAPTER IX

Care regimen

Article 33. Extraordinary compensation for death and great invalidity.

Companies will hire insurance, in favor of their workers, of twelve thousand five hundred euros (12,500,00 €) for death or invalidity in any of their degrees, provided that they are caused by accident of work or illness professional. In the event of death, the compensation shall be paid to the widow/or beneficiaries of the worker, in accordance with the legislation in force.

Article 34. Temporary incapacity.

During the temporary incapacity for work accident or occupational disease, companies will supplement the economic benefits that the affected workers receive in Social Security until they reach 100%. for 100 of his remuneration in ordinary day. This supplement shall be paid from the first day up to the maximum of 18 months after the IT situation has started.

During the IT processes for common illness or non-work accident involving hospitalization of the one who suffers, the companies will supplement the economic benefits that the affected workers receive from the Social Security up to 100 per 100 of his/her remuneration in ordinary day from the first day of the day of leave to a maximum of eighteen months.

During the IT processes by common sickness or non-work accident not provided for in the previous paragraph, the companies will supplement the economic benefits that the affected workers receive from the Social Security according to the next scale:

From day one to third, inclusive, up to 60 percent of your pay.

From day four to 20th, inclusive, up to 75 percent of your pay.

From the twenty-first day to a maximum of twelve months from the IT start date, to 100 percent of your pay.

The addition of the days first to the third, inclusive, by IT arising from common illness or non-work accident that do not require hospitalization, will only be collected for a maximum of twelve days for each calendar year.

CHAPTER X

Disciplinary regime. -High and sanctions

Article 35. Fouls.

The actions or omissions punishable by the workers at the service of the companies shall be classified, according to their importance, recidivism and intention and the circumstances that are present, in light, serious and very serious.

The lack, whatever their qualification, will require motivated written communication from the company to the worker.

They will be minor faults:

1. Missing a day's work without cause justified within a month.

2. Up to three non-justified punctuality faults in a month.

3. Lack of cleanliness and personal hygiene.

4. Lack of care or diligence with the public or clients.

5. The occasional drunkenness.

The following are serious faults:

1. The lack of two days to work in a month without cause is justified.

2. Four non-justified punctuality errors within one month.

3. Simulation of accident disease to miss work one day.

4. The abandonment of work without justified cause.

5. Negligence at work and in the care of facilities and equipment, which causes injury to customers, to the company or to third parties.

6. The recidivism in the commission of minor faults, except those of punctuality and assistance, which are computed as set out in the previous numbers.

The following are considered to be very serious:

1. The recidivism in a serious fault within the same trimester, even if it is of different nature, provided that it has been sanctioned.

2. The five-day lack of work over the three-month period.

3. More than ten punctuality faults in the six-month period, or twenty in a year.

4. To disclose, disclose or comment out of the workplace data of tax, commercial, commercial or any other nature relating to clients.

5. The copying, manipulation, alteration, loss, destruction and cession, all of this, whether total or partial, of files and computer data and of all types and the extraction of the same from the company.

6. Sexual harassment, understanding as such, sexual conduct, developed in the field of organization or management of a company, carried out by a subject who knows that it is offensive and unwanted by the victim, determining a situation affecting employment and working conditions and/or creating an offensive, hostile, intimidating and humiliating work environment.

7. Bad treats of word or deed and lack of consideration and respect for bosses, companions or subordinates.

8. The dedication to works of the same activity that involve competition to the company if not a half authorization of the same.

9. The theft and theft, both to the company, and to the companions, and to clients. Also, the distortion of data in order to obtain an economic benefit.

10. Leaving the job when responsibilities are performed.

11. The offences listed in the Staff Regulations which give rise to disciplinary dismissal, and which are not regarded as very serious in the previous numbers.

Article 36. Penalties.

The maximum penalties that can be imposed on those who incur faults will be as follows:

For minor lack:

Admonishment in writing.

Suspension of employment and salary up to one day.

For severe missing:

Suspension of employment and salary of two to ten days.

For very bad:

At company choice:

Suspension of employment and salary from eleven to sixty days.

Firing.

All penalties imposed will be enforceable from the moment they are communicated to the sanctioned personnel, without prejudice to the right of this person to claim before the competent jurisdiction.

Article 37. Procedure.

It is up to the Directorate of the companies or person to whom you delegate, the power to impose sanctions.

1. The opening of a file shall be necessary in the case of serious or very serious sanctions imposed on workers who hold the post of legal representative of the trade union workers or delegates.

2. The Directorate of the Company shall communicate to the legal representation of the employees, the penalties for serious or very serious misconduct that are imposed on those who have the charges mentioned in the previous paragraph, making them know the right that assists, the person concerned and the organ of representation of the workers, to be heard. They shall also be communicated to the legal representation of the workers, those disciplinary proceedings whose motion for a resolution is dismissal.

3. Only in the case referred to in the preceding paragraphs, if, in order to clarify the facts, the instruction of a file is necessary, the file shall be initiated with the order of initiation adopted by the corresponding Head of the undertaking, who shall designate the The instructor of the same, who may not belong to that person or as an employer or as a worker. The instructor may practice as many tests as relevant and are eligible in law.

4. Any penalty shall be given in writing to the person concerned by the person, who shall acknowledge receipt of the communication. It shall clearly describe the acts constituting the fault, the date or dates of their commission, the graduation of the same and the sanction adopted by the company's management.

All penalties handed down by the company must be communicated to the legal representation of the employees.

Companies will record in the personal files of the workers the penalties imposed.

Cancellation:

The unfavourable annotations which, as a result of the sanctions imposed, could be recorded in the personal files are cancelled at the time of two months, four months and eighteen months, as you are in a mild, severe or very serious condition. This shall not mean the cancellation of a background for the purposes of the classification of faults by repeated or repeated.

Article 38. Prescription.

Minor faults will be prescribed at ten days, the serious ones at twenty days and the very serious ones at sixty days from the date on which the company's management has knowledge of its commission and in any case, at six months have been committed.

Such time-limits shall be interrupted by any act of the disciplinary file, provided that the duration of the disciplinary file as a whole does not exceed a period of one month from the opening of the statement of objections, without any fault of the person issued.

CHAPTER XI

Multiple Provisions

Article 39. Inapplication clause (neglect).

The wage increase set out in the collective agreement will not be enforced for companies that credit losses or persistent declines in income over the past two years.

The request for disservice will be initiated by the employer, who will communicate it to the legal representation of the workers and simultaneously to the joint commission of the collective agreement. The communication must be made in writing and the following documents shall be included:

Explanatory note to the economic, technological or productive causes of the application, in which the economic and financial situation of the company will be recorded through the relevant legal documentation. They shall also explain the general measures that they have provided for the viability of the undertaking.

From this moment on, a period of thirty days, maximum consultation and negotiation will begin within the joint committee between the two representations, the decisions will be unanimously.

CHAPTER XII

Joint Commission

Article 40. Joint committee.

1. The Joint Committee of the Convention is hereby established as a body for the interpretation and enforcement of the agreement of the Convention.

2. The Joint Committee shall be composed of four members, representing each of the signatory parties, who shall be appointed in the constituent session of the committee.

3. The commission shall be convened at the request of either party by means of a prior call on the agenda, which is made known to the other party at least five working days in advance.

4. The commission may use the services of advisers who shall be freely appointed by each of the parties to their position, and may attend meetings with a voice but without a vote.

5. The content of the meetings of the committee and the agreement shall be drawn up.

6. The Joint Committee shall draw up, at the first session, the Rules of Procedure of this committee.

7. The address of the commission will be that of the National Professional Association of Administrative Managers, Calle Mayor, 58, 28013 Madrid. Correspondence addressed to the Commission must be sent to the Commission by registered mail.

Article 41. Duties of the Joint Committee.

1. Interpretation, surveillance, study and implementation of the convention.

2. Participation in the determination of the training programmes to be developed on a general basis, in accordance with the provisions of this Convention.

3. Collective disputes arising from the application or interpretation of the Convention shall be subject, through the signatory parties, to the mediation of the Joint Committee and if no agreement is reached in the mediation procedure, the Commission may agree to submit them to arbitration.

4. The study of the applications by the companies of the implementation of the agreed wage increases.

CHAPTER XIII

Safety and health care

Article 42. Occupational health.

The parties affected by this Convention shall comply with the provisions of the current regulations on occupational safety and health, and in particular those of Law 31/1995 of 8 November on the Prevention of Occupational Risks and their development provisions.

Article 43. Health and Safety Sectoral Commission.

During the duration of this agreement, a Sectoral Safety and Health Commission, with a joint nature, will be established among the signatories of this agreement, consisting of four members of the business representation and four other members. appointed by the trade unions. The meetings of that Commission may be attended, with a voice and without a vote, up to a maximum of two advisors per representation.

The Commission shall draw up its own rules of procedure.

The mission of the Commission will be to ensure compliance with the legal and regulatory regulations on safety and health at work in the sector. As well as the promotion of information and training campaigns, among companies and personnel at their service.

CHAPTER XIV

Trade union rights

Article 44. Accumulation of time credits.

The time credits held by the workers ' representatives may be accumulated in one or more members of the unitary representation of the same union section, up to a maximum of 80 hours a month.

If a worker's representative is at the same time a union delegate, he/she will be able to accumulate the trade union hours that would correspond to each of the above mentioned charges.

Trade union representatives who participate in the negotiating committee of this agreement or in any of the sectoral commissions created by it, shall be entitled to the paid leave necessary for assistance to the meetings of the same and the hours used will not compute within the credit of union hours in the company.

Article 45. Union use of email.

The signatory unions and their trade union sections may submit news of union interest to the staff affected by this agreement, to their affiliates and trade union sections, by means of electronic mail, provided that these shipments are prudent and non-massive and do not cause locks on the servers of the companies.

Article 46. Electoral area for the election of the unitary representative bodies of the workers.

In enterprises which have two or more work centres in the same province, which together more than 10 and less than 50 workers, provincial staff delegates may be elected in the following amount: up to thirty workers, one; 31 to 49, three.

If the census of workers in a province is 50 or more, it will be possible to elect a joint enterprise committee at the provincial level with the number of members established by Article 66 of the Workers ' Statute.

CHAPTER XV

Equal conditions

Article 47. Level playing field.

The parties affected by this Convention, and in the application thereof, undertake to promote the principle of equal opportunities and non-discrimination on grounds of sex, marital status, age, race, nationality, social status, religious or political ideas, affiliation or not to a union, as well as for language reasons, within the Spanish state. They shall also not be discriminated against on grounds of disability, provided that they are in a position to perform the work or employment concerned.

This commitment also entails removing obstacles that may have an impact on the non-compliance with equal conditions for women and men, as well as putting in place positive or other action measures necessary to correct possible situations of discrimination.

Companies are obliged to respect equal treatment and equal opportunities in the workplace and, for this purpose, must take measures to prevent any type of discrimination between women and men, measures to be negotiated, and where appropriate agreed, with the legal representation of workers in the form that the labour law determines at any time.

Equality plans.

In the case of companies with a workforce of more than 250 employees, the equality measures referred to in the previous paragraph shall be directed towards the elaboration and implementation of an equality plan, with scope and content established in Articles 45, 46 and 47 of the Organic Law 3/2007 for the Effective Equality of Women and Men, which must also be the subject of negotiation in the form that is determined in the labour law, as provided for in Article 17.5 of the E.T.

Companies will also develop and implement an equality plan, subject to negotiation or consultation, where appropriate, with the legal representation of workers, when the labour authority has agreed in a the procedure for sanctioning the replacement of ancillary penalties for the preparation and implementation of such a plan, in the terms set out in the said agreement.

The development and implementation of equality plans will be voluntary for other companies, after consultation with the legal representation of workers or, failing that, union representation in the Joint Committee.

Equality Plans shall be negotiated with union representation within the maximum period of six months from the signing of this Collective Agreement.

Necessarily the Equality Plans shall contain measures concerning the following matters:

1. Access to employment.

2. Professional classification.

3. Promotion and training.

4. Remuneration.

All in accordance with Articles 45, 46 and 47 of Organic Law 3/2007, for Effective Equality of Women and Men.

Article 48. Labour rights of female victims of gender-based violence.

These workers are entitled:

1. The reduction of their working day with a proportional reduction of the salary between at least one third and a maximum of half of the duration of that. The time-frame of the reduction will be made by agreement between the company and the worker and in case of disagreement the discrepancies will be resolved by the procedure established in article 138a of the Law of Labor Procedure.

2. The rearrangement of working time by adjusting its schedule in accordance with what is established by mutual agreement between the undertaking and the worker concerned, in the absence of such a determination, shall be effected by the jurisdiction of the Social the procedure laid down in Article 138a of the Labour Procedure Act.

3. To preferentially occupy another job of the same professional group or equivalent professional category, in the event that the worker has to leave the job in the locality where she provides her services, when the company has vacancies in other workplaces in other localities. The company has an obligation to communicate to the worker the vacancies existing at the time it expresses its will to exercise the right. The initial duration of the posting shall be six months during which the worker shall retain the right of reserve for the job.

After the six months, the worker within the maximum period of fifteen days will have to choose between the return to the previous job or to continue with the new one with renunciation of her right of reservation.

4. The suspension of his employment contract when he is forced to leave his job as a result of being the victim of this kind of violence for a period of not more than six months, extended by the competent court for periods of three months up to a maximum of 18 months total, starting and extending.

5. To terminate her employment contract when the worker is forced to leave her job permanently as a result of being a victim of this kind of violence.

6. Absences due to the physical or psychological situation arising from gender-based violence, accredited by the social services of health care or health services, as appropriate shall not be computed as non-attendance.

The situation of gender-based violence against women workers who are entitled to the birth of these employment rights must be credited through the corresponding judicial protection order.

Additional disposition first. Complement by consolidated age and complement by missing category.

Those workers who, as a consequence of the previous collective agreement of Administrative Managers, came to perceive the complement called "consolidated seniority" and/or the "complement for disappearance of category". maintain; however, the amounts of such supplements shall be increased annually by the same percentage as wages are increased.

To this end, next to the salary table, figure the percentage of increase contained in the salary table with respect to the salary immediately above.

These add-ons will not be compensable or absorbable.

Additional provision second. Pairs in fact.

In view of the changing social reality in family matters, the same rights as the Convention for spouses in marriage are recognized, for persons who have not been married to each other, are in union affective, stable and durable, subject to the justification of these extremes by means of certification of registration in the corresponding official register of couples in fact, where it exists, or similar accreditation to justify this circumstance.

Additional provision third. Principle of conservation of the pacted.

The nullity of any of the clauses declared by the labor authority or jurisdiction will not affect the rest of the content of the collective agreement, committing the parties to negotiate in good faith with a view to achieving a the agreement on that matter, and those which are affected, under the principle that the nullity of some or some clauses does not imply the nullity of the whole convention by incorporating into the convention the agreement that is obtained.

Additional provision fourth. Accession to the ASEC.

The parties to this Convention agree to accede, for any contentious questions that may arise as a result of the application or interpretation of this Agreement to the Agreement on Extracts of Conflict of Conflicts (ASEC) in force or any other that replaces it.

Those collective conflicts that have exclusive scope of Autonomous Community shall be subject to the instructions created for that purpose in that Community.

Additional provision fifth. Gender neutral.

In some parts of the text of the Convention, the male in singular or plural has been used as a generic to encompass the workers and the workers, without this being ignorant of the existing gender differences, to the effect of not performing complex overwriting.

Single transient disposition.

For the purposes of recognizing the rights of a special retirement award which, under the previous convention, may have acquired the staff affected by this Convention, who at 31 December 1995 have a (a) a consolidated age of ten years or multiple and apply for retirement from the age of 60 and up to three months after the statutory retirement age has been met, shall be entitled to pay as a special retirement allowance, of two monthly instalments for every ten years or a fraction of seniority, without any annuities from 31 December 1995.

For workers who would not have consolidated this right under the terms and conditions cited above, there is no special retirement gratification.

Single end disposition.

For the purposes of this Convention, the provisions of the Staff Regulations and other applicable legislation shall be as laid down in this Convention.

ANNEX

2009 Wage Table

Annual salary in 14 pages

Administrative Auxiliary 2. year

2009 annual
-
Euros

Group I

Titled

18.452, 70

Medium Holder

17.398.26

Group II

Coordinator/Chief admtvo.

15.195.45

1.

14.079.40

2.

12.865.38

Administrative Auxiliary

11.323.11

er

9.057, 68

10.190.90

Group III

10.738.32

Cleaning staff

10.738.32

Training Contract:

1.er year

9.057.68

2. year

10.190.90

For the purposes of the first provision of this collective agreement, it is stated that the increase in the CPI for 2009 is 1%.