Advanced Search

Resolution Of February 11, 2010, Of The General Directorate Of Labour, Which Is Recorded And Published The Agreement For Employment And Collective Bargaining 2010, 2011 And 2012.

Original Language Title: Resolución de 11 de febrero de 2010, de la Dirección General de Trabajo, por la que se registra y publica el Acuerdo para el empleo y la negociación colectiva 2010, 2011 y 2012.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

Having regard to the text of the Agreement for Employment and Collective Bargaining 2010, 2011 and 2012, which was signed on 9 February 2010, by the Spanish Confederation of Business Organisations (CEOE) and the The Spanish Confederation of Small and Medium-sized Enterprises (CESMEs) and the other by the Trade Union Confederation of Workers 'Commissions (CC.OO.) and the General Workers' Union (UGT), and in accordance with the provisions of Article 83.2 in relation to the Article 90 (2) and (3) of the Royal Decree-Law 1/1995 of 24 March 1995 approving the text recast of the Law of the Workers ' Statute, 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 said Agreement in the corresponding Register of this Steering Center.

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

Madrid, February 11, 2010. -Director General of Labor, José Luis Villar Rodríguez.

SIGNING OF THE AGREEMENT FOR EMPLOYMENT AND COLLECTIVE BARGAINING 2010, 2011 AND 2012

In Madrid, 17 hours on 9 February 2010, at the headquarters of the SIMA Foundation, the representatives of the Spanish Confederation of Business Organizations (CEOE), the Spanish Confederation of Small and Medium-sized Enterprises (CEOE), Medium Enterprise (CESME), the Trade Union Confederation of Workers 'Commissions (CC.OO.) and the General Workers' Union (UGT),

MANIFEST

First. -That this Agreement constitutes a dynamic element of the Spanish economy in order to address current problems and improve competitiveness and employment in the near future, and also seeks to build confidence to the population, along the lines of improving their levels of consumption and investment.

Second. -That social dialogue and collective bargaining are the most appropriate working methods for the smooth functioning of the labour relations system at all levels and to address reforms, changes and adaptations in the productive sectors and enterprises.

Third. -Collective bargaining is the natural space for the exercise of collective autonomy of the Business and Trade Union Organizations and the appropriate scope to facilitate the ability of companies to adapt, to fix the working conditions and models to improve productivity, create more wealth, increase employment, improve quality and contribute to social cohesion.

Fourth. -That this Agreement aims to guide the negotiation of collective agreements during the duration of the agreement, establishing criteria and recommendations to undertake collective bargaining processes, Without prejudice to the fact that from its signature, and for a period of six months, the signatories will initiate a bipartisan negotiation on the reform of collective bargaining and other matters such as the internal and external flexibility of the companies, the Cases of Employment Regulation and Temporary Reduction of the Working Day, the recruitment, the partial time, subcontracting, absenteeism, IT, Mutuals, etc.

By virtue of the above,

AGREE

First. -That the text of the Agreement for Employment and Collective Bargaining 2010, 2011 and 2012, the undersigned consider the same fully in accordance with the agreement reached in the negotiations carried out and, in as a result, they approve the text in full.

Second. -As proof of conformity, they sign five copies of these minutes and of the text of the Agreement for Employment and Collective Bargaining 2010, 2011 and 2012, which is attached.

Third. -That a copy of the Agreement is referred to the Labor Authority, for the purposes of its deposit, registration and publication in the "Official State Gazette" for the knowledge of third parties and interested parties, and for the inherent relevance to the Agreement itself.

CEOE, the President, Gerardo Díaz Ferrán. -By CESME, the President, Jesús Barcenas López. -By CC.OO., the Secretary General, Ignacio Fernández Toxo.-By UGT, the Secretary General, Candido Méndez Rodríguez.

Introduction

Collective Bargaining is the natural space for the exercise of collective autonomy of the Business and Trade Union Organizations and the appropriate scope to facilitate the ability of companies to adapt, to fix the working conditions and models to improve productivity, create more wealth, increase employment, improve quality and contribute to social cohesion.

The establishment of shared criteria and guidelines makes it possible to deal with collective bargaining processes under better conditions in the current situation of economic instability and employment.

2009 ended with a recovery in global economic growth and a trend towards the stabilization of international financial markets. The basis for this recovery is in the exceptional measures implemented by both the monetary authorities of the central banks and governments in the field of public expenditure with the consequent increases in the liquidity of the central banks. financial system and the deficits and debts of the public administrations.

The withdrawal of these measures, over the years 2010 and 2011, maintains a high degree of uncertainty in the process of economic reactivation.

In the current delicate situation, the signatories to this Agreement aim to improve the productive fabric and to contribute to the creation of stable employment through a balanced distribution of efforts between workers and In order to achieve this, through collective bargaining, measures will be developed in the three-year period 2010-2012, which will affect wage policy, productive reinvestment, maintenance and recovery of employment and temporality. unjustified.

The Spanish economy has suffered a severe recession in 2009. While this situation is expected to improve in 2010, helped by the evolution of the international economic situation, expectations of a further fall in GDP are expected this year, with the unemployment rate rising above 19%.

In addition, the recovery of our economy will be slower and weaker than that of our major competitors as:

If high unemployment rates continue in the coming years, consumers will get their expenses. Consequently, the investment of companies will not be recovered as long as there is no improvement in the expectations of their sales, in an environment of increased financial costs. And the financial system operators shall not grant new loans to undertakings and families, in terms of volume and appropriate conditions, without finding a reduction in the risk of default.

Although the recovery of the European economies, with which we are united by the weight of our trade and investment exchanges, will be consolidated, the problems of competitiveness that the Spanish economy will drag will make it difficult market share gain both abroad and in our domestic market.

There are other conditions that limit our economic growth as is the adjustment of the real estate sector, without other alternative sectors being able to compensate in 2010 and years for their contribution to growth. Similarly, the high indebtedness of companies and families and of the general government, all of which is very dependent on funding from outside and on the evolution of interest rates, should be highlighted.

Consequently, the weakness of domestic demand and the dependence on the growth of our sales abroad, make it necessary to gain internal and external market share to boost activity and employment in the years In the future, the social partners ' commitment to improving the prices of Spanish goods and services in order to face international competition through improvements in the production system is sufficient. reflect a balanced distribution of efforts among economic operators.

The expansion and diversification of the Spanish production fabric is one of the main challenges of Spanish society, which needs the improvement of structural variables such as the greatest and best use of technology and capital together with progress in collective bargaining that will allow the most efficient use of the available productive factors (work and capital).

The contraction in demand is having an important impact on labor activity. In the labour market there is an intense adjustment characterised by an intense process of job destruction and the accumulation of high and persistent unemployment rates. This is also a differential factor in the evolution of the Spanish economy with respect to the other countries in our environment.

In this sense, it is necessary to promote the re-establishment of optimal conditions so that the recovery of demand and in particular of investment can operate, key determinants for achieving and maintaining high rates.

The recovery of employment as well as the downward bending of unemployment rates will occur to the extent that economic growth is achieved compatible with a high increase in employment in activities that develop intensive production processes in the accumulation of capital. In this way, productive efficiency will be improved, as well as the competitive capacity of our economy.

To do this, it is necessary to improve human capital by raising the educational level. In addition, the stock of infrastructure needs to be increased and the promotion of R & D & I activities should be encouraged, as well as ensuring a competitive framework and regulatory stability to improve the functioning of markets.

Price stability in Spain is a key element in achieving the above objectives, most of all in a situation where the improvement of the quality of the products, that is, the change of our production model, needs a longer time. Workers and employers must be actively involved in this task, as is the way in which wage and surplus development commitments are made.

The warranty clause, however, is a mechanism to prevent the unwanted loss of the ability to purchase wages, in the case of deviation from the objectives set in the cited price stability.

These actions will result in a return to a path of convergence in per capita income for the entire Spanish economy with respect to the rest of the advanced economies, thus increasing social welfare.

This Agreement is a dynamic element of the Spanish economy to address current problems and improve competitiveness and employment in the near future, and also seeks to build confidence in the population, along the lines of improving their levels of consumption and investment.

The Declaration for the Social Dialogue of 2008, for the promotion of the economy, employment, competitiveness and social progress, signed between the Government and the Trade Union and Business Confederations, is a common priority. of the signatories of employment and the commitment to a balanced and lasting economic growth model, based on the improvement of competitiveness. To achieve this, the foundations must be laid to promote the recovery of economic growth and to strengthen a productive model that is committed to innovation, technological development and added value, in order to increase the productivity of economy, employment and the quality of the economy.

Social Dialogue and collective bargaining are the most appropriate working methods for the smooth functioning of the industrial relations system at all levels and to address reforms, changes and adaptations in the sectors and companies.

As a conclusion, this Agreement aims to guide the negotiation of collective agreements during the duration of the agreement, establishing criteria and guidelines for dealing with the negotiation processes. collective.

CHAPTER I

Employment. Training. Flexibility and security. Information and consultation rights

The difficult situation of productive activity is being reflected in the labour market with a strong adjustment in the volume of employment, which, while initially affecting temporary employment, soon began have an impact on indefinite employment.

In the face of this situation, the maintenance and recovery of employment must be the priority objective of collective bargaining during the term of this agreement, affecting its stability.

On the other hand, despite the adjustment made above, with the consequent negative impact on young people's recruitment, there is still a high use of temporary contracts, which must be corrected to prevent the the recovery of employment is produced, it is channelled through temporality, without prejudice to the maintenance of a temporary hiring framework that will allow to respond to the economic needs of production of goods and services.

In this context, instruments should be articulated to allow for an appropriate balance between flexibility for enterprises and security for workers, taking into account that internal adaptation mechanisms are preferable to the external and the job adjustments.

In order to contribute to the best treatment of all these aspects, we consider that collective agreements must have as fundamental objectives:

Maintenance and recovery of employment.

The promotion of job stability and the reduction of temporality, eliminating unjustified, as a guarantee of competition for businesses and safety for workers.

The establishment of frameworks that allow companies to maintain and improve their market position and productivity, and adapt internally to changing circumstances, maintaining the right balance between companies and workers.

Compliance with the principle of equal treatment and non-discrimination in employment and working conditions, as well as the promotion of equal opportunities for women and men.

The development of tools for information and analysis to promote the appropriate adaptation to productive changes, as well as for the follow-up of the agreement in collective bargaining.

The permanent development of skills and professional qualifications.

The impact of information and communication technologies on overall productive development and on industrial relations.

1. Employment and recruitment.-Collective agreements must, in order to achieve the above objectives:

(a) Promote indefinite recruitment in access to the labour market, the transformation of temporary contracts into fixed contracts, the maintenance of employment and equal opportunities.

(b) Encourage the appropriate use of contractual arrangements in such a way that the firm's permanent needs are met with indefinite contracts and short-term needs, where they exist, can be met with temporary causal contracts, either directly or through ETT, without the collective bargaining being required to introduce redactions or covenants that distort the causes foreseen in the ET.

c) Adopt formulas that avoid the unjustified chaining of successive temporary contracts.

Article 15 of the ET, following its reform in 2006, mandates collective agreements to act on the chain of contracts to occupy the same job with different workers. However, collective bargaining has not provided an adequate response to the legal mandate, so it is necessary to insist that this is the right channel to implement formulas and procedures aimed at avoiding such chaining on the basis of to the peculiarities of the activity and the jobs to be covered.

d) to analyse in the area of the convention, and in accordance with its characteristics, the possibility and appropriateness, or not, of determining the overall volume of temporary contracts, incorporating in their case precise definitions of the references, margins or material and time limits on which the application of the measure will be measured, which would lead to greater internal flexibility in the case of compliance.

e) Promoting the recruitment of young people, encouraging training contracts, as a way of their job integration and qualification, by encouraging the possible definitive incorporation into the company of these workers, after completion the training contract.

Likewise, collective bargaining should in this regard:

Establish specific devices for the monitoring of effective compliance with training objectives as an appropriate instrument for incorporation into the labour market.

To encourage incentives for young people to hire.

Report the use of non-work practices in companies.

f) In discontinuous or seasonal activities, promote discontinuous fixed contracts.

Similarly, the mode of the indefinite part-time contract may be an alternative to temporary hiring or overtime in certain cases. In order to achieve this objective, collective bargaining should play an important role in improving the quality of these procurement procedures.

g) Partial retirement and the replacement contract should remain an appropriate instrument for the maintenance of employment and the rejuvenation of templates.

In addition, it should be further developed through collective bargaining to enable the establishment of clauses that enable the termination of the contract of employment by the worker of the ordinary age of retirement, provided that the legally established assumptions and requirements are met.

(h) Establish monitoring and control mechanisms for employment trends and employment in sectors when employment measures are taken to share the outcome of the measures implemented to promote employment. same.

2. Conditions for subcontracting and outsourcing of production and subrogation of activities, employment and working conditions. The importance and extension of new forms of productive and societary organization, in a context of outsourcing increasing the activities of the companies, has resulted in legal regulations that establish rights of information for the representation of the workers, it is necessary that the collective bargaining:

Facilitate the information by the main company and contractor to its employees and the legal representation thereof on the subcontracting processes, as provided for in Article 42 of the Staff Regulations Workers, which will contribute to the security of employment and to the fulfillment of legally and conventionally established working conditions.

Provide information from the user company to workers ' representatives on making available contracts with ETTs by providing them with a basic copy of the work contract or service order.

Report to workers on the means of coordination set up to protect and prevent workplace risks in the workplace, as provided for in Article 24 of the Law on the Prevention of Occupational Risks, developed by Royal Decree 171/2004.

Such regulations in the field of subcontracting activities have also been the subject of treatment in the Agreement for the Improvement of Growth and Jobs (AMCE). Law 43/2006 of 29 December 2006 for the improvement of growth and employment incorporates some new measures in the field of information and coordination in the main enterprises and contractors when they share the same job centre. Thus, it is necessary to consider:

When companies, principal, contractor and subcontractor, continuously share a single work centre, the first one must have a record book in which the information referred to in the article is reflected. 42.4 of the Staff Regulations in respect of all the undertakings concerned. This book will be available to the legal representatives of the workers.

Employees of contractors and subcontractors when they do not have legal representation will have the right to ask the representatives of the company's employees questions concerning the conditions of the execution of the work activity, while sharing the work centre and lack of representation.

The provisions of the preceding paragraph shall not apply to the worker's claims in respect of the undertaking which is dependent.

The legal representatives of the workers of the main company and of the contractors and subcontractors, when they share on a continuous basis, will be able to meet for the purposes of coordination between them and in relationship to the conditions of performance of the labour force in the terms laid down in Article 81 of the Staff Regulations.

The capacity for representation and scope of action of workers ' representatives, as well as their credit schedule, will be determined by the legislation in force and, where appropriate, by the collective agreements of application.

The business and trade union organizations share that the new forms of productive and societary organization, which at times are of considerable complexity, should not imply the inapplication of the regulation. (a) a corresponding standard, or illegal assignment of workers.

3. Training and professional classification. The analysis of the factors that have caused the current economic crisis and its special impact on our country, has placed professional training in the core of the speeches that reiterate its value, no longer only for insertion into employment but also as a factor of transformation and economic dynamization.

The training and development of professional skills is a shared goal for workers and companies to respond jointly to the needs of improving adaptability and employability, and it is a strategic objective for the signatories to this Agreement.

Collective bargaining, at the appropriate level, has to contribute to the achievement of training objectives by defining criteria and priorities on issues such as:

The initiatives to be developed, in the light of training needs, and priority groups, in particular the lowest level of qualifications, to improve their employability.

The development of theoretical training in contracts for training.

Rights and obligations in relation to training.

Facilitate the application of corporate bonuses and the Individual Training Permissions provided for in the Training Agreement.

Assistance to training, its use and when it is performed.

The assessment and, where appropriate, the accreditation of professional competence.

The orientation of workers and the development of training pathways consistent with the needs of companies and workers, considering those that may lead to accreditations in the framework of the National System of Qualifications or other areas of certification.

Formative references in relation to classification, mobility, promotion, and career planning.

Improving the quality of training actions.

4. Internal flexibility and restructuring. Observatories.

Internal flexibility: The parties agree on the need to use internal flexibility mechanisms as suitable instruments for the maintenance of employment and productive activity.

this end, a more productive use must be made, through the qualification of workers, innovation and technological development, and the promotion of the internal flexibility mechanisms of the company, which are preferable to external adjustments, as well as the use of instruments and devices for analysis and dialogue with the representation of workers, which is an essential element in responding to the requirements of change and maintenance and creation of stable employment.

Collective agreements allow you to treat a set of aspects in that address, such as:

Professional classification and professional groups based on groups and, where appropriate, in functional areas, establishing appropriate procedures for adaptation between traditional systems and new.

Without prejudice to the autonomy of the parties to determine the structure that best fits in each field, they could serve as guiding benchmarks when determining the professional classification, the levels of qualification in the National Qualifications System is articulated, those of the European Qualifications Framework or the groups setting out the Agreement on the Coverage of Vacios.

Functional mobility, as an instrument of internal adaptation, linked to the professional classification and corresponding learning processes.

Changes in the organization of work resulting from innovation processes and technological changes.

The management of working time; the length and redistribution of the day, its annual computation and its flexible distribution; the limitation of overtime that is not strictly necessary; the use of systems flexible working hours, accompanied by the corresponding negotiation processes and the conditions for their realization, with the shared objective of reconciling the needs of the companies with those of the workers.

The use of flexible working day systems can facilitate travel at the beginning and end of the working day, especially mobility in large urban centres.

The development of the continuing training of workers as a mechanism to meet the highest requirements for qualification, training and employability.

One of the innovative forms of organization and execution of the labor supply derived from the advancement of new technologies is teleworking, which allows the realization of the work activity outside the facilities of the company.

in view of the fact that the social partners have recognised the need to improve the organisation of work, we consider it appropriate to establish certain criteria which can be used by businesses and by workers and their representatives:

The voluntary and reversible nature of teleworking, both for the worker and for the company.

Equal rights, legal and conventional, for teleworkers with respect to comparable workers who work in the company's facilities.

The convenience of regulating aspects such as privacy, confidentiality, risk prevention, facilities, training, etc.

Restructuring processes: Difficulty situations should be addressed taking into account, where possible, the anticipation and assessment of the social consequences.

In this sense, the causes that motivate it should be addressed, through transparent processes with the legal representation of workers, with the primacy of internal flexibility on other types of measures affecting employment.

The restructuring processes should take into account:

The management of restructuring, taking into account the social consequences relating to the conditions of business, the tax system, national legislation, collective agreements and the needs and choice of workers, and addressing possible alternatives, such as internal or external reclassification, training, retraining, support for the creation of enterprises, pensions, personal plans for workers or agreements for diversifying the forms of employment and a personalised accompaniment of employees.

The explanation and justification for the changes. Adequate information on time, explaining and justifying changes to workers and their representatives favors a climate of confidence for the process of discussion afterwards.

The development of employability should be taken into account to anticipate changes and possible restructurings.

The territorial dimension, given the repercussions that economic and social changes have on the whole of a region or territory.

The specific situation of small and medium-sized enterprises, taking into account their particular situation in areas or sectors undergoing restructuring.

Collective Bargaining, before irreversibly affecting employment contracts, should enhance the use of the legal measures foreseen for the suspension and temporary reduction of the working day, in order to address the situation of the situation and the maintenance of employment.

Observatories: An analysis of the competitiveness and employment of the Spanish economy in general, and in particular of the specific sectors, must allow the identification of the strengths, weaknesses, and framework conditions. need to be improved.

Sectoral observatories are instruments in which this work can be developed and can help to define measures to anticipate structural changes.

In addition to the current tripartite state sectoral observatories linked to the General Budget of the State, CC.OO, UGT, CEOE and CESME, we consider it necessary to continue to maintain a commitment made by the development of bilateral sectoral observatories, especially in the sector of the State sector, allowing for the joint analysis of future perspectives in matters such as the position of companies in the market, competitiveness In particular, international cooperation in the field of technological development, environmental, development of productivity, maintenance and job creation, training needs, equal opportunities, etc., with particular attention to small and medium-sized enterprises.

Through collective bargaining it is appropriate to introduce measures to prevent, avoid or reduce the potential negative effects that environmental challenges may have on competitiveness and employment.

The technological improvement of companies is a position in a more favourable position of competitiveness and overcoming the impacts that could be derived from environmental legislation. Information to workers ' representatives on environmental actions that have a direct impact on employment will cooperate with the achievement of this objective.

5. Rights of information, consultation and participation: Collective bargaining and trade union dialogue. -With a general nature, the current legal regulation, and its concreteness and development through collective bargaining, establish a set of subjects that they must be the subject of information and, where appropriate, of consultation with workers ' representatives. Such matters are those relating to the economic situation of the sector or the business sector concerned; the forecasts for the volume and type of employment, as well as developments in the immediate future; the arrangements for recruitment, the (a) the making available and the assumptions of subcontracting; the processes of reconversion and restructuring of employment; the objective redundancies and, where appropriate, the alternative measures to them.

In this sense, the sectoral social dialogue must be strengthened.

The incidence of information and communication technologies (ICT) in industrial relations should also be addressed in collective agreements to ensure the individual and collective rights of the workers.

It will also be necessary to take into account the changes that have been made to the Workers ' Statute, in terms of information and consultation of workers.

On a specific basis, in the case of European Company or European Cooperatives, the mechanisms for information, consultation and participation, as provided for in Law 31/2006 of 18 October, which regulates the involvement of their employees and the promotion of the European Works Councils.

CHAPTER II

Wage Criteria

In the current economic context, the undersigned organizations of this AENC declare the intention to carry out, during its term, a policy of moderate wage growth that allows for maintenance and recovery of employment, and contributing to economic recovery.

Criteria for the determination of wage increases: The signatory organizations, respecting the autonomy of the parties, consider that the negotiators should consider for the determination of the increases salary the following references:

For the year 2010, up to 1%; for 2011, between 1% and 2%; and for 2012, between 1.5% and 2.5%, references that can contribute to achieving the above objective of moderate wage increase in the current situation economic.

Within these references, the criteria for determining wage increases should be objective and take into account the specific realities of each sector or company.

For multi-annual collective agreements that have agreed wage revisions, the signatories to this Agreement, respecting the full autonomy of the negotiators, submit to their consideration the desirability of taking criterion the above mentioned salary references, within the objective of price stability set by the European Central Bank.

Pay Review Clause: Collective agreements negotiated, respecting the collective autonomy of business and sector negotiators, will incorporate a wage revision clause, without the objective of wage moderation. To this end, they will take as a reference the wage increase agreed in the collective agreement and the real inflation throughout the period, and will be adjusted temporarily according to what is agreed.

Non-application clause: The call for the inapplication of the wage regime or salary neglect is part of the minimum content of the collective agreements at the top of the enterprise.

During the duration of this Agreement, the importance of preserving employment and the difficulties of financing that companies are experiencing, justify the desirability of making it possible to implement the increases. wage agreement for companies whose economic stability could be damaged as a result of such an application.

To this end, the signatories submit to the consideration of the negotiators that, when a company finds itself in such a situation and considers it essential not to apply the wage regime, it will be necessary to follow the procedure provided for in the Convention itself, and in any event, prior to that, to bring it to the attention of the Joint Committee or Joint Committee of the Collective Convention, with due regard to the reasons for economic instability for which such an application is intended. In the event of disagreement between the parties, the Commission shall provide the composition mechanisms provided for in the collective agreements or in the corresponding Mediation and Arbitration Systems.

It will also be necessary to expose the reasons for employment, the commitments that in this matter must acquire, the plan of return to the implementation of the economic agreement, and the mechanisms of information necessary for its verification.

CHAPTER III

Legal nature and areas of the Interconfederal Agreement

Legal nature and functional scope. -Signatory organisations, which have the status of more representative at the state level, directly assume the commitments of this Agreement and are therefore obliged to adjust their behavior and actions to the agreed upon, each of them being able to claim from the other the fulfillment of the tasks or the agreed tasks

They also consider that the matters of the Agreement are interrelated elements and that the treatment of the different subjects in the collective agreements can favor the business activity and the employment.

The signatory confederations must intensify efforts to establish with their respective organizations in the sectors or branches of activity, without undermining the collective autonomy of the parties, the mechanisms and channels more appropriate to enable them to assume and adjust their behaviors for the application of the criteria, guidelines and recommendations contained in this Agreement, the nature of which is mandatory.

Temporary scope. This Agreement is valid for three years, starting from January 1, 2010, and ending on December 31, 2012.

The signatory organizations will meet three months before the end of 2012, in order to begin negotiations for a new Interconfederal Agreement for collective bargaining with the validity to be determined.

Follow-up Commission. -An integrated monitoring committee is constituted by three representatives of each of the signatory organizations of this Agreement.

The Commission shall be entrusted with the task of agreeing criteria and guidelines for collective bargaining during the duration of this Agreement in matters, inter alia: Equal treatment and opportunities; health at work; Corporate social responsibility; Supplementary Social Welfare; Vocational Training and Qualification.

It shall also be entrusted with the interpretation, application and monitoring of the agreement and the agreement of the Commission itself, in accordance with the provisions of the preceding paragraph and of the tasks of common agreement estimate the parties.

The Monitoring Commission will approve its operating rules at the first meeting it holds.

The parties consider it appropriate to carry out, in the last quarter of each of the years of validity of this Agreement, and within the Monitoring Committee, an evaluation and monitoring of the evolution of the indicators. economic and in particular employment.

Single additional disposition.

The signatory parties to the Agreement shall start from their signature, and for a period of six months, a bipartite negotiation on the subjects described below:

Reform of collective bargaining. -Business and trade union organizations reaffirm their willingness to address, among others, the definition of mechanisms for the articulation of collective bargaining, their role as a procedure for (i) fixing the working conditions and determining employment policies, their capacity to adapt to the needs of workers, enterprises and the productive sectors and the improvement of productivity, as well as all those elements and instruments related to the objectives outlined in the current collective bargaining system (areas, subjects, contents, etc.).

Other matters.-In the light of the situation discussed in Chapter I of this Agreement, the undersigned Business and Trade Unions consider the desirability of initiating a negotiation process on:

The Agreement for the Improvement of Growth and Jobs signed on 9 May 2006. Flexicurity.

The subjects referred to the social dialogue by Law 27/2009 of 30 December of urgent measures for the maintenance and promotion of employment and the protection of unemployed persons.

Internal and external flexibility of companies. Cases of Regulation of Employment and Temporary Reduction of the Working Day. Recruitment. Part-time. Subcontracting.

Absenteeism. IT. Mutuals.

These commitments are without prejudice to the government's ability to open a tripartite negotiation on these or other matters and the position of each party in these matters, except for the reform of the negotiations. collective in respect of which the parties reaffirm their character of bipartite negotiation.

By CEOE, the President, Gerardo Díaz Ferrán. -By CESME, the President, Jesús Barcenas López. -By CC.OO., the Secretary General, Ignacio Fernández Toxo. -By UGT, the Secretary General, Candido Méndez Rodríguez.