Having regard to the text of the V general collective agreement of national scope for the sector of car parks and garages (Code of Convention No. 9911445), which was signed dated June 18, 2009, by the Spanish Association of Car parks and garages (ASESGA) representing companies in the sector, and another by the State Federation of Transport, Communications and the Sea of the General Workers ' Union (UGT) and the State Road Sector of CC.OO. -FSC in representation of employees and in accordance with the provisions of Article 90 (2) and (3) of the Royal Treaty Legislative Decree 1/1995, of 24 March, approving the 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 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 Gazette.

Madrid, 11 August 2009. -Director General of Labour, José Luis Villar Rodríguez.

V GENERAL COLLECTIVE AGREEMENT AT NATIONAL LEVEL FOR THE PARKING AND GARAGE SECTOR

PRELIMINARY TITLE

CHAPTER FIRST

Article 1. Signatory parties.

These are parties to the present General Convention, by business, the Spanish Association of Parking and Garages (ASESGA) and by social partners, the State Federation of Transport, Communications and the Sea of the General Union of Workers (U.G.T.) and the State Road Sector CC.OO. -FSC (CC.OO.), recognizing each other's legitimacy to negotiate the present Convention.

Article 2. Effectiveness and Obligation Obligation.

This Convention subscribes under Article 83.1 and 83.2 of the Royal Legislative Decree 1/1995, recast of the Workers ' Statute, in connection with its sixth transitional provision, obliging companies and workers falling within their functional, personal and territorial scope.

To this effect, and in the field to which the present Convention affects, it replaces in its integrity the Labor Ordinance for the Companies of the Transports by Road and to any agreement, pact or Convention of any normative range that for the same scope would have been agreed to extend the validity of that.

This Convention is open to the accession of other representative trade union and business organisations, in accordance with existing legislation.

Article 3. Structure of collective bargaining.

Under this Convention, the structure of collective bargaining within its scope is defined in accordance with the following substantive levels of Conventions, each of which has to fulfil a specific function:

1. General Agreement of the Sector of Parks and Garages: With a vocation of long-term permanence and stability, it replaces the Labor Ordinance for the Companies of Transport by Road of March 20, 1971, for the sector of enterprises of car parks and garages and their content refers to the regulation of the general working conditions to be applied in all its scope and with the validity that in the Convention itself is established.

2. Provincial collective agreements or, where appropriate, Autonomous Community: They shall be periodic renewal and aim to develop the matters of the provincial negotiating field or, where appropriate, apply in each province or Autonomous Community. the contents of the agreements at national level which may be produced during the term of this General Convention.

Such agreements may have as their object, inter alia, the following:

a) The concrete application in its scope of interconfederal agreements.

b) The establishment of wage bands.

c) Any other matters that the parties agree to.

3. Collective agreements of undertakings: This collective agreement shall have the character of an additional rule except in those areas where its complementarity is agreed.

Article 4. Business coverage.

With the Conventions specified in the previous article, the signatory parties consider sufficiently covered, within the statutory framework, the structure of the territorial collective bargaining within the scope of the Convention.

Article 5. Concurrency of Conventions.

In accordance with the provisions of Article 84 of the Workers ' Statute, the alleged concurrency between collective agreements of different scope will be resolved by applying the principles listed in the articles The following are derived.

Article 6. Hierarchy principle.

The concurrence between Conventions of different scope will be resolved subject to what is agreed in this General Agreement in relation to this matter.

Article 7. Principle of security.

The lower-level Conventions of this State that are in force at the time of the signature of the present, shall maintain their validity, in all its content, until their temporary term, except that by agreement of the intervening parties In each negotiating unit, they decided to take advantage of the new conditions defined in the collective bargaining of higher scope.

Article 8. Principle of consistency.

Agreements taken in the negotiation of a lower territorial scope which contradict the content of the rules laid down in the Conventions at higher level shall not apply, without prejudice to Article 3.3, of the Workers ' Statute.

Article 9. Principle of territoriality.

The Provincial Convention or, where applicable, the Autonomous Community, in force at the place of the effective provision of services, shall apply.

Article 10. Principle of Equality.

With this agreement the parties express their willingness to guarantee the principle of equal treatment and equal opportunities for women and men in access to employment, in vocational training, in professional promotion, in the working conditions, including remuneration.

Article 11. Principle of complementarity.

In accordance with Article 83.2 of the Workers ' Statute, the undersigned organizations recognize the principle of complementarity of this General Convention with respect to those at the lower level.

Article 12. Distribution of materials at different levels of negotiation.

The distribution and coordination scheme for negotiating competencies between the different levels will be applied in accordance with the following rules:

First. -Without prejudice to the right under the second paragraph of Article 84, second paragraph of the Royal Decree of Law 1/1995, recast of the Staff Regulations, they have the agreements of higher scope than the company, reserve in the general field negotiation the following matters:

General conditions of entry into companies.

Modes of hiring of workers.

Test Periods.

Classification and professional categories.

Minimum standards for geographic mobility.

Fouls and penalties.

Occupational health and prevention of occupational risks.

Second. -In the negotiation of a provincial or, where appropriate, autonomous, field, they will be specific subjects of collective bargaining:

The mandatory content of the Conventions.

The quantitative concretion of economic perceptions whose concepts and structure will be determined by the higher-level negotiation.

Provincial and local calendars that concretize the distribution of the annual working day.

Annual holidays.

Licenses and permissions.

Any other matters not covered by the Top Scope Conventions.

Any other subjects expressly referred to by the higher-scope Conventions than those at the lower level.

Article 13. Reserve material from the state level.

In compliance with the formal requirements laid down in Article 83.2 of the Workers ' Statute, it is evident that the matters listed below may not be negotiated in the areas below the State level. in Article 11, the first rule, of this Convention, and those which are reserved for the future in that area, with the exception of collective agreements of undertakings. Notwithstanding the above, the agreements in excess of the company may address the reserved matters provided that the agreement as a whole improves the conditions here.

Article 14. Functional scope.

This General Convention is a must for all companies in the sector whose main activity consists in the exploitation of garages and car parks, either for concession or for cession for any lawful title, property.

Article 15. Personal scope.

This Convention is a must for all companies within the functional scope referred to in the preceding article and for the workers who provide their services.

The management staff is excluded from the scope of this Convention. This staff is free to be appointed by the company. Their employment relationship shall be governed by their employment contract and, where appropriate, by the special rules applicable to them.

Article 16. Territorial scope.

This General Convention shall apply throughout the territory of the Spanish State, without prejudice to the provisions of Article 1.4 of the Staff Regulations.

Article 17. Material scope.

1. This Convention regulates the general working conditions in all the fields of the preceding Articles, replacing the same in the same way as the Labour Ordinance for the Road Transport undertakings of 20 March 1971, and the agreements, agreements and conventions of any level which would have extended it.

2. It comprises and develops the matters reserved for the negotiation of a general state within the meaning of Article 11 of this Convention, without prejudice to

provisions of Article 7.

Article 18. Temporary scope.

This Convention shall extend its validity until 31 December 2012, without prejudice to the provisions of Article 20.

Your entry into force will occur on the day following your publication in the Official State Gazette.

However, the guarantee salaries set out in Article 58 of this Convention shall be paid retroactively from 1 January 2009.

Article 19. Wage revision.

Without prior denunciation, the minimum guarantee salaries in Article 58 will be reviewed as follows:

For each of the years from 2010 to 2012, both inclusive, the minimum guarantee salaries set out in Article 58 of this Convention shall be increased, with effect from 1 January of each of those years, in the Previous year's actual CPI plus 1%.

The minimum annual increase of 1% is guaranteed, so if the CPI of any of the reference years is negative, it will be considered to be zero for these purposes.

Revised wages and arrears, if any, will be paid within the first quarter of each of the years of validity.

Article 20. Reporting procedure for revision of the Convention.

1. The revision of the Convention may be requested in writing by any of the parties to the Convention, at least two months before the end of its term.

2. The party making the complaint shall accompany a specific proposal on the points and content of the requested review. Copies of this communication and the proposal will be sent to the General Labour Directorate of the Ministry of Labour and Social Affairs for the purpose of registration.

3. As long as no agreement is reached for a new Convention, the validity of the previous Convention shall be maintained.

4. If no complaint is made, the Convention shall be extended by tacit periods. In such a case, the minimum guarantee salaries included in this agreement shall be reviewed annually in accordance with the actual CPI of the previous year in each case.

Article 21. More beneficial conditions.

The most beneficial conditions for workers to be recognised in a personal capacity by the companies upon entry into force of this Convention or any other lower level shall be respected.

Article 22. Binding to the entire.

1. Where the agreed conditions are all organic and indivisible, this Convention shall be null and void and shall be without effect in the event that the competent jurisdiction annuls or invalidates any of its covenants. If such an assumption is made, the signatory parties to this Convention undertake to meet within 10 days of the determination of the relevant resolution in order to resolve the problem raised. If, within 45 days of the date of the determination of the resolution in question, the signatory parties do not reach an agreement, they undertake to set the schedule of meetings for the renegotiation of the Convention. whole.

2. The collective agreements covered by all the areas provided for in this Convention shall include a binding clause to the whole.

Article 23. Joint Joint Committee.

Both negotiating parties agree to establish a Joint Commission for the interpretation and monitoring of compliance with this Agreement.

This Joint Committee will be integrated by four trade union representatives and four by the business organisation that are signatories to it.

In the act of its constitution, the Joint Committee, in plenary session, will elect two secretaries, one from business and one from the union.

In addition, the Commission may be interested in the services of occasional or permanent advisers on how many matters are of their competence, which will be freely designated by the parties.

The Commission will develop its own operating rules.

The Commission, which shall adopt the agreements, where appropriate, by a two-thirds majority of each party, shall meet at least once a semester.

The Commission will have the following functions:

1. The interpretation of the Agreement, as well as monitoring and compliance with it.

2. Entender, prior and compulsory to the administrative and judicial route, in relation to the collective conflicts that may be brought by those who are entitled to do so, with respect to the application and interpretation of the provisions of this agreement, without this being likely to lead to delays affecting the parties ' actions, so between the entry of the application for intervention and the relevant decision, no more than 15 (i) natural days, as they have been exceeded, the corresponding route will be issued for the sole that period. The decisions taken by the Commission in such conflicts will have the same regulatory effectiveness as the clauses of this agreement.

3. It will be able to draw up an annual report on the degree of compliance with the agreement, the difficulties arising in its application and interpretation, as well as those issues which the parties present in the Commission consider suitable for better development and application of the same, including by collecting timely information from those concerned.

4. The elaboration of recommendations or criteria for collective bargaining with a view to a rationalization of the same and a progressive extension of the business activity.

5. This Commission will be responsible for issuing the reports requested by the bodies and institutions with competence for this, and in particular those mentioned in Royal Decree 718/05 of 20 June (BOE 2 July).

6. Studies and reports to enable the signatory parties to reach an agreement to proceed with the progressive reduction of overtime and their replacement by new hires.

7. Perform a follow-up work on objective layoffs.

8. How many other functions are derived from the provisions of this agreement.

The address of the Commission is constituted, for all intents and purposes, at the headquarters of ASESGA, Plaza de Santo Domingo, 1, 1. º A, 28013 Madrid.

Article 24. Accession to the Interconfederal Agreement on Extractive Solutions of Labour Conflicts.

When the Joint Joint Committee fails to reach agreement on the solution of the conflicts to which it is subject, under the previous Article, the parties are obliged to go to the route laid down in the Inter-Confederal Agreement. on the Extrachaujudicial Solution of Labor Conflicts (A.S.E.C.), agreement and regulation that the parties have ratified.

TITLE FIRST

OF THE WORK RELATIONSHIP

CHAPTER I

Entry Conditions

Article 25. General conditions of entry of staff.

In the new creation centres and establishments and in those where the facilities are expanded and new services are organised, new jobs will be covered, which will be created, by free of charge. companies, in accordance with the rules of this General Collective Agreement.

The recruitment of staff will be in accordance with the existing general legal rules on placement and employment in force at any time, and in the specific ones listed below, committing the companies to the use of the various forms of employment contracts provided for in the Law, in accordance with the purpose of each of the contracts, ensuring that, on equal terms, the persons of less sex are to be hired represented in the professional group or category concerned.

Article 26. Test period.

All persons applying this Convention shall be presumed to be engaged for an indefinite period unless they are subject to a temporary relationship for having agreed with the company of any kind of employment contract of such a nature.

Thus, any work income will be considered as a test, according to the following maximum scale, corresponding to the classification of personnel carried out in different professional groups:

Top and technical staff, six months.

Administrative and operating personnel, three months in contracts of a duration equal to or greater than one year, being one month for contracts of lower duration.

The situations of temporary incapacity, maternity, adoption and reception that affect the worker during the probationary period, interrupt, for the duration of the suspension of the contract, the calculation of the contract, provided that agreement is produced between both parties.

Article 27. From the job contract.

Work contracts, whatever their modality, must be formalised in writing, in official form if any, by a copy of each of the signatory parties, in accordance with the laws in force.

Those workers, whose term or maximum term established by the modality of the formalised contract has elapsed or has been exhausted and continue to develop their work activities without interruption in the same undertaking and job, they will automatically acquire the condition of fixed/as in the company, subject to indefinite employment relationship, unless the concatenation of temporary contracts is permitted by law.

Article 28. General reporting aspects of the work contract.

They will be applicable to all contractual modes, whether fixed or undefined or temporary, the following considerations:

(a) The wage and labour conditions set out in this General Collective Agreement relate to working relations with the normal working day, and therefore they will be applied proportionally according to the working day effective and the contractual mode established with each worker.

(b) All staff shall enjoy the same licences or permits, paid holidays, inter-day and weekly breaks, training options and other working conditions established in general in this Convention. General collective and in those collective agreements of lower scope, provided that they are compatible with the nature of their contract, in proportion to the time they carry out working in the company.

(c) Staff employed full-time or part-time who wish to start their employment contract by transforming it part-time or full-time, respectively, may do so by common agreement with the undertaking, establishing in the new working conditions. The reduction of the day by legal guardian shall not be considered as a contract novation.

CHAPTER II

Job Contract Types

Article 29. Training contracts.

In the lower areas of collective bargaining, commitments may be made between the parties for the conversion of such contracts into other undefined ones, as a measure that contributes to facilitating the employment integration of have subscribed to this type of contract on the labour market:

(a) The contract of work in practice, as defined in Article 11 of the recast of the Law of the Workers ' Statute, may be concluded with those workers who are in possession of a university degree or vocational training of a medium or higher degree, or officially recognised qualifications as equivalent, which they enable for the professional exercise, within four years or six years when the contract is designed with a disabled worker immediately following the completion of the studies, provided that the titration is related to the tasks being performed.

a.1) The suspension of the contract of work in temporary incapacity, the duration of which is equal to or greater than thirty days, will interrupt its time of agreed duration except express agreement or loss of bonuses by the contracting firm.

a.2) Where the practical contract is concluded for a duration of less than two years, the parties may agree to a maximum of 2 extensions, not being the duration of each of them less than six months and not exceeding, in no case, the maximum period of two years or 4 years for the case of workers with disabilities.

a.3) The salary of contract workers under the practice mode shall be at least 60% of that set out in the collective agreement for the professional category concerned, during the first year and 75%. the second, without in any case the resulting amount is less than the minimum guarantee wage corresponding to its level, as laid down in Article 56 of this General Collective Agreement, provided that it is time-consuming contracts whole. Otherwise, they will receive a salary proportional to the contracted day.

a.4) Contracts can be concluded in practice within the professional and technical group, administrative and computer, except for the professional categories of ordinance, telephone, auxiliary and administrative applicant, and of the holding, for the professional categories of maintainer and maintainer.

(b) The training contract provided for in Article 11 of the recast of the Law of the Workers ' Statute is intended to acquire the theoretical and practical training necessary for the proper performance of a job or qualified job position.

b.1) It may be formalized with persons over sixteen years of age and under twenty-one who do not have the required qualification to contract in practice. The maximum age limit will be twenty-four years when the contract is designed with unemployed persons who are employed as workers to the workshop school programs and trades houses. This age limitation will not apply when the contract is designed with:

People with disabilities.

With unemployed people joining employment workshop programs as students-workers.

b.2) The time spent on theoretical training shall not be less than 15% of the maximum working time provided for in this General Collective Agreement, and may be concentrated throughout the total duration of the contract, provided that have not been exhausted for three years. This theoretical training will not be required when the worker/accredite who has or is in a position to have the Certificate of Occupational Professionalism governed by Royal Decree 797/1995, of May 19, according to the position to the job it aspires to.

Where undertakings are in full breach of their theoretical training obligations, the contract for training shall be presumed to be entered into in the form of fraud under Law, in accordance with Article 11 (2) of the Treaty. recast of the Law of the Workers ' Statute.

b.3) Finalisation of the training period, the company must extend in favour of the worker a certificate stating the duration of the training and the level of theoretical and practical training acquired. If the worker continues to work in the company, he/she will be promoted to the professional category whose learning has been carried out and will receive the corresponding salary set by the collective agreement.

The worker may request from the competent authority that, prior to the necessary tests, he is issued with the corresponding certificate of professionalism.

b.4) According to the nature of the training contract, it is estimated that certain professional categories are not likely to be the subject of this contractual modality, due to virtually no theoretical vocational training. which require such functions and for the minimum training they carry out.

Thus, only training contracts can be concluded for the following professional categories: administrative aspirant, parking agent, cashier/grossing and maintenance assistant.

b.5) The salary to be paid by this staff, referred to an effective working time equivalent to 85 per cent of the maximum working time provided for in the collective agreement, may not be less than 85 per cent of the minimum wage the guarantee of this collective agreement, irrespective of the length of time for the provision of services.

Article 30. Part-time contract.

The part-time employment contract, as defined in Article 12 of the recast of the Workers ' Statute Act, is one which is designed to provide service for a number of hours or less than that of the day considered as usual in the work or establishment centre.

It may be arranged for an indefinite period of time or for a given duration, in the cases where the use of this mode of contract is legally permitted.

Part-time contract shall be understood to mean the one whose day is lower than that provided for in this Convention.

In its written formalization it will necessarily specify the number of hours per day, week, month or year, or the number of days for equal periods, by which it is hired, as well as the corresponding salary, which will be in function of the hours performed in comparison with the usual and complete working day in the centre of work or establishment, being proportional to that set out in the collective agreement for the professional category concerned.

In the event that the undertaking and the worker agree to make additional hours in those contracts on an indefinite basis, they shall do so in accordance with the limits and conditions laid down in Articles 34, 36, and 37 of the Recast Text of the Workers ' Statute.

The pact will have to set the number of additional hours to be made, which may not exceed 15% of the day set out in the contract. These hours will be paid as if they were ordinary hours.

Article 31. Fixed-term contracts.

1. Workers who, within a period of 30 months, have been engaged for a period of more than 24 months, with or without a continuity solution, for the same job with the same undertaking, by means of two or more contracts temporary work, either directly or through its making available to temporary work enterprises, with the same or different contractual modalities of a given duration, they shall acquire the condition of fixed assets.

It does not apply to training, relay and interinity contracts.

2. Fixed-term contracts:

(a) The eventual contract governed by Article 15.1.b) of the Workers ' Statute.

a.1) The maximum duration of this contract shall be 12 months within a period of 18 and, in the case of a shorter term, may be extended by agreement of the parties, for one time, without in any case being able to exceed those 12 months as the maximum cumulative limit.

Workers with any contract will receive the compensation as determined in Article 49.1 (c) of the Workers ' Statute.

a.2) This contract may be concluded to cater for the staff's own holidays, circumstantial market requirements, accumulation of tasks or excess demand for services, even if it is the normal activity of the company.

a.3) General criteria for the appropriate relationship between the volume of this contractual mode and the total company template may be established in lower trading areas.

(b) The contract of interment under Article 15 (1) (c) of the Staff Regulations shall allow the replacement of workers entitled to the right to a job, in the cases provided for in Articles 37, 38, 40, 45 and 46 of that Statute.

b.1) Its duration will be determined by the incorporation of the replaced person, which must be expressed and precisely identified at the time of the agreement of the contract. The permanence of the replacement after the replacement of the replaced worker will result in the temporary contract being transformed into an indefinite period.

c) Contract for specific work or services. For the purposes of Article 15 (1) (a) of the recast text of the Law on the Staff Regulations, the content or objects of this type of contract, of a general nature, are identified as tasks or services with a substantive nature. and sufficient, within the activity of the companies of this sector that can be covered with this contractual modality, the following:

c.1) Temporary congresses, parties, fairs and exhibitions, promotions and special sales of services and products of their own or third parties.

c.2) Through this contractual mode, and even if in a single contract of this typology, a worker may be employed to perform one or more detailed services, in one or more establishments, provided that they are located in the same city and its duration does not exceed three years.

(d) Contract for the promotion of indefinite procurement, in accordance with the provisions to facilitate the stable recruitment of unemployed workers, in line with the powers conferred on the Government Article 17.3 of the Staff Regulations.

CHAPTER III

Staff Subrogation

Article 32. Definition and assumptions.

Definition: This article regulates the subrogation of personnel among companies in the sector affected by this Convention.

Therefore, in this convention, the subrogation is regulated as a conventional modality, so it is understood that the companies and workers are obliged to comply in the cases mentioned.

The signatory parties sign this agreement in order to comply with the principles of stability and quality of employment of workers in the sector, for which a mechanism of business subrogation for the one who succeeds or captures part of the activity of another operator, through contracts, in such a way that the staff of the enterprise transferor of the activity, will be assigned to the transferee company that will carry out the service, in the assumptions and conditions set out therein.

Hereinafter, the term "contracts" encompasses, in a generic manner, any form of procurement, both public and private, and identifies a particular service or partial or total activity that is to be performed by a a particular company, company, public body or other entity or natural person is any legal form that they adopt in the following cases:

Assumptions: Completion, loss, rescission, redemption or reversal of a contract, and any other figure or modality as well as division or grouping of contracts, always referred to a particular centre of work, substitution between entities, natural or legal persons to carry out any of the activities referred to in the functional scope of this collective agreement.

Character: Application and mandatory acceptance for companies and workers.

Article 33. Staff affected.

1. All workers employed in the workforce, who carry out their work in a contract work centre affected by any of the above described and who have a minimum age of six months prior to the date of the contract. Date of the 1st official Convocation of the contest for the award of the "hires", published in the medium that in each case corresponds.

In companies that have only one working center in the province, the minimum age will be four months.

2. Workers, entitled to a job reserve, who at the time of the actual completion of the contract have a minimum seniority of the last six months prior to the first official call of the new contest for the the award of the "contract", published in the medium that in each case corresponds, and are sick, injured, in excess, vacation, leave, maternal rest or similar situations.

As in the preceding paragraph, the minimum age is reduced to four months for workers from companies with a single working center in the province.

3. Workers with a contract of interinity who replace one of the workers referred to in the second paragraph, irrespective of their seniority and the duration of their contract.

All of the above assumptions must be credited and documented by the outgoing company or public entity to the incoming, through the documents detailed in this Article and in the 10 working days from the time that the incoming undertaking, or the outgoing undertaking, provides the other undertaking with the change in the provision of the service.

Those who would not have enjoyed their statutory holidays when the subrogation occurs, will receive in the liquidation that they practice the outgoing company whatever corresponds to them for such a concept, assuming the new adjudication only the part of the holiday that accrues to it.

Rights ad personam. -The new company or contract to replace in the activity, or the owner of the facility that rescues, in both cases, whether it is in total or partial form, will be obliged to subrogate in the contracts of the work of all affected staff by ensuring all rights acquired in terms of wages and personnel, which are duly accredited through collective agreement, agreement or agreement.

In order to facilitate subsequent subrogation in the terms of this Convention, the business party shall request from the Administrations or other appropriate public or private bodies that the specifications include: the information referred to the establishment and service which is the subject of the competition, containing at least: the number of workers attached, the antiques and their salaries, with respect to LO 15/1999, for the Protection of Personal Data.

Article 34. Information and communication.

The company affected by the total or partial loss of the activity, once the number of workers has been identified, according to the criteria set out above, will communicate it to each of the workers affected by the subrogation and the legal representatives of the work center.

The outgoing company must provide the following documents to the incoming company:

Certificate from the Competent Body to be current for payment in Social Security.

Photocopy of the last twelve wages receipts of the affected workers.

Photocopy of TC2 for Social Security contributions of the last twelve months.

Relationship of the affected staff, specifying: Name and Surname, Social Security affiliation number, seniority, professional category, day, time, hiring mode and date of enjoyment of your vacation. If the worker is a legal representative of the workers, the mandate of the worker shall be specified.

Photocopy of work contracts of staff affected by subrogation, as well as collective or individual covenants, if they exist.

A copy of the documents duly completed by each worker concerned, stating that the worker has received from the outgoing company its liquidation of proportional parts, with no amount outstanding. This document shall be held by the new contracting authority within a period not exceeding five working days from the date of commencement of the service of the new holder.

The application of this article will be enforced for the parties to which it links: company, public or private entity, and successor in the activity and worker.

CHAPTER IV

Professional Classification

Article 35. Professional classification.

The professional classification of the staff entered in the present General Collective Agreement is merely indicative and does not imply that all the professional groups and within them the divisions have to be planned organic and functional, nor that they should be planned if the needs and the volume of the companies do not require it.

Article 36. Professional groups.

The personnel included in the scope of this General Collective Agreement are structured on the basis of the following professional groups, in focus on the primary functions they perform:

(a) Senior and technical staff, professional groups 6/7 of the A.C.V.

b) Administrative and IT staff, professional groups 2/3/4/5/6 of the A.C.V.

(c) Operating personnel, professional groups 1/2/3/4/5 of the A.C.V.

The framing of workers falling within the scope of this General Convention within this professional structure and, therefore, the assignment to each of them of a given professional group, as well as of an organic or functional division, will be the result of the joint weighting of the following factors: Knowledge, experience, initiative, autonomy, responsibility, command and complexity.

Within the professional groups and their organic and functional division, they will be located commonly called professional categories of technicians, administrative, employees, operatives and deputies.

Article 37. Definition of the professional and superior professional group and their professional categories.

(a) The professional group of senior and technical staff includes those who, in possession of a higher degree, have a higher degree of qualification, with diplomas from approved vocational or vocational education institutions, or those who lack (i) certification of the training of the employees in the field of education, training, training, training, training, training, training, training, training, etc. They are the following professional categories:

a.1) Technician/superior. It is that staff who, being in possession of a diploma awarded by a Higher Technical School or College, exercises within the undertaking with direct responsibility, the functions proper to their profession, regardless of whether they have or Non-personal subordinate and perform or do not, on a regular basis, directives functions.

a.2) Technical/medium. It is that staff who, being in possession of a degree awarded by middle-grade technical schools, exercise within the undertaking, with direct responsibility, the functions proper to their profession, whether or not they have a staff to their profession. position and exercise or non-directive functions.

a.3) Diplomacy. It is that staff who, possessing a diploma issued by officially recognised or approved teaching centres, which does not require the conditions required, either by the Technical Schools or by the University faculties, does not require undertakings, technical and specific functions for which he has been employed under his diploma, whether or not he is a staff member under his or her dependency

Article 38. Definition of the administrative and IT professional group and their professional categories.

I. b) The professional sub-group of the administrative staff includes those who, under the guidance of the management of the company and using the operational and computer resources assigned to it, are regularly executed by the The company's own functions, in the field of the company. It is composed of the following professional categories:

I. b.1) Head of services. It is who, under the instructions of the Directorate, bears the responsibility of the organization, management and operation of the different departments or services in which the company is structured and has in charge and gives orders to the personnel that require such departments or services.

I. b.2) Head/a section. It is who, at the orders of the head of services, if any, is in charge of the organization, management and management of one or more of the sections that make up the departments or services in which the company is structured, coordinating the work and the personnel who depend on it.

I. b.3) Administrative Officer/a. It is the staff who are in charge and develop, with appropriate professional preparation, administrative tasks of the departments, services or sections of the Administration of a company, exercising them with initiative and responsibility and that can or have no staff under your supervision.

I. b.4) Administrative aid. It is that personnel who perform elementary or low-complexity administrative operations and, in general, those functions that are fundamentally mechanical and with little degree of initiative. You should know how to detect and resolve operational problems such as machine or operation errors.

I. b.5) Administrative Applicant/a. It is that staff of sixteen years who, without professional training, within the deadlines and in the established legal terms, compatible work and study or specific training, acquires the necessary knowledge for the performance of a office or job of the administrative professional group.

I. b.6) Telephone Care Personnel. It is the responsibility of the management of a telephone exchange, with or without fax, telex or teletype, which promotes communication between the various jobs of the companies, with each other and with the outside.

You may also have assigned complementary reception or administrative functions, compatible with your professional task.

I. b.7) Ordinance. It is that staff whose task is to carry out the tasks of all kinds entrusted to them, such as distributing correspondence, carrying out courier tasks, etc., either by the Directorate of the company or by the administrative and administrative heads. operational managers, and to collaborate in auxiliary functions, mainly administrative, as a document file, to the extent that they are awarded.

II.b) The professional sub-group of IT staff includes those who regularly run the functions of systems and organisation.

II.b.1) Data Processing Analyst. It is that personnel who verifies organic analysis of complex operations to obtain the mechanized solution of the same, as regards to chains of operations to follow, documents to obtain, design of the same, files to be treated and definition of their treatment and complete preparation to completion of complex application technical files.

II.b.2) Programmer. It is the staff who study the predefined complex processes, draw up detailed organizational charts, write programs in the programming language that is indicated to them and make testing tests, make the programs to the point, complete technical files for them and documents the console manual.

II.b.3) Operator/a. It is the one who manipulates and controls computers equipped with operating systems capable of working in multiprogramming, mainly equipment and programs of a complex nature. You should know how to detect and resolve operational problems by defining them as machine or operation errors.

Article 39. Definition of the professional operating group and its professional categories.

(c) The professional group of operating personnel is composed by those who, under the concrete leadership of the superior and technical staff, carry out the various tasks and tasks of the exploitation and proper functioning of the establishments or business centres of undertakings, which are entrusted to it in line with their specific trade or knowledge. It consists of the following professional categories:

c.1) Charged/a. It is the one who has the staff of one or more car parks, as well as the direct care and conservation of all the facilities, studying and proposing to his superiors the appropriate measures for the best maintenance of them, possessing the precise knowledge for the settlement and control of the recovery operations carried out by the services provided, daily checking the tape and the tickets charged during the day. You have responsibility for the work, discipline, safety and occupational health of the staff at your service and must have sufficient knowledge to carry out the orders entrusted to you by your superior. You will make the staff duty shift table to your orders, caring and supervising the relays and ensuring that at all times you can supply the absences of your staff for holidays, illnesses, etc. It will serve and inform customers about requests, complaints, suggestions, etc., that they are told. You will need to check cash and collection control on a daily basis.

Given the special responsibility of your function you may be required to be present in the workplace, by the Directorate or the representatives of the company, outside the usual time, in case of emergency and for the time Minimum requirement. If this occurs, the working hours of the following working days will be reduced, so that the weekly working hours will not exceed forty-four hours.

c.2) Parking Agent. It is the staff who, with initiative and responsibility, under the supervision of the manager or superior hierarchical staff, execute the functions of the centre of work or establishment to which it is attached, being of these the main ones:

The collection, valuation and collection of tickets, the collection of miscellaneous services, the verification and control of cash, the practice of liquidations and cash payments, the delivery, custody and income of the collections and effects of all type, sale of products or business services and collection of receipts.

The control of the access to the work or establishment, the attention of all the facilities of the same and their maintenance in perfect state of use by the public, carrying out their cleaning, putting into service or the closure of engines, electrical boxes, lighting installations, lifts, cashiers and other electronic equipment, as well as their primary maintenance.

Attend to the clients of the establishment who demand information and, in relation to the products or services that the company has at the disposal of the general public, will inform of its conditions and prices, will take note of orders and move them to their hierarchical top.

For all purposes, it shall use the tools, machinery, computers and other appliances which the undertaking makes available to it and shall monitor and supervise the performance of the tasks or tasks which the undertaking decides to contract. externally.

c.3) Maintenance Officer. It is the staff with knowledge about mechanics, electricity, electronics and other trades related to the facilities of the work centers or establishments of the company, which has in charge its maintenance, care and repair. It shall monitor at all times its proper functioning and perfect state of conservation, carrying out such tasks himself or through his assistants, both the necessary checks and routine tests and the necessary repairs for the good progress of these facilities.

c.4) Maintenance assistant. It is the person who, under the direct supervision of the maintenance officer, controls or repairs the facilities of the various work centers or establishments, carrying out tasks related to their professional knowledge or specific trade.

c.5) Tker/a. It is that staff who are trained to take charge of the collection of all the services that the company provides in the centre or establishment to which it is attached.

Collects, values and charges all kinds of tickets, vouchers or credits, through the handling of computers, ATMs and other machines that the company puts to its service and takes care of its elementary maintenance.

Caters for telephone calls from the center or the establishment and information requirements of customers and the general public. Maintains the good status and decorum of the box office or cashier and cashier, executing its load and recharging when applicable.

Verifies the box's control and frame, delivers the collection or proceeds, according to the higher instructions it receives and produces as many documents as are necessary for the control and operation of the company.

Controls and monitors accesses, both pedestrian and vehicle, by means of monitors that, if any, have installed, giving notice in accordance with the instructions that you have received from all incidents, immediately.

c.6) Parking aid. It is the personnel whose mission is to control the accesses, the entrances and exits of vehicles and the automatic devices installed for the control of entrances and exits, as well as its correct operation.

You will know how to use the power and lighting controls and switches, so that you maintain the necessary level of light and ventilation at all times.

You will perform the normal cleaning of the premises, unless you have different working conditions.

It will replace the parking and grossing officers in their specific absences, taking care of the telephone and charging the services.

c.7) Engrasador-lavacoches. It is that personnel who have as fundamental tasks the basic maintenance and washing of the vehicles entrusted to them.

c.8) Worker/training. It is that staff of sixteen years or more who, without specific vocational training, within the time limits and in the legal terms established, compatibilizing work and study or specific training, acquires the necessary knowledge for the the performance of a trade or job of the working group of the operating staff.

To exceed the training period and continue in the company, this staff will have the professional category of maintenance assistant, parking agent or box office/or.

c.9) Cleaning personnel. It is that staff of over eighteen years in charge of the general cleaning of the work or establishment, as well as the maintenance of hygiene and sanitation of public facilities and services.

CHAPTER V

Organization of work and mobility

Article 40. Organizational faculties of the job.

The organization of the work in the establishments, work centers or agencies of the companies is faculty of the Directorate of the same, according to the previewed legal and conventionally.

As a result of a purely enunciative title, the Management of Companies shall, where appropriate, exercise, in accordance with the legally established procedures, the following organisational powers:

Open, expand or decrease capabilities, move or close establishments, job centers, or dependencies, in accordance with established legal procedures.

Ascribed and frame workers in the tasks, shifts, and work centers or dependencies that you deem necessary at any time, according to your category and professional group.

To determine and set standards and instructions for the correct delivery of work in all its aspects, mainly in relation to the clientele and seeking the optimal exploitation of the productive facilities, effective and maximum functionality.

To fix, where appropriate, the required yields, both of the workplaces or establishments and of the posts which constitute them, all in accordance with the provisions of Articles 20, 64 and concordant of the Workers ' Statute.

Any other faculty necessary for the proper functioning of the service provided in the work centers and establishments of the companies of the sector exercised in accordance with the laws in force.

Article 41. Productive returns.

In accordance with the provisions of Articles 5 and 20.2 of the Staff Regulations, they shall perform their tasks or services in agreement with the undertakings in accordance with the principles of good faith and diligence applied to their jobs.

Companies will be able, consequently, to implement the systems of measurement of the work and the levels of performance and productivity of their workers that they consider suitable, in accordance with the objective methods on admission, on the basis of negotiations with the representatives of the employees of the undertakings. In such cases, workers must adapt to the objectively established productivity.

In relation to the quality of the service provided, the worker will also adjust to the instructions that the company indicates in the regular exercise of its powers, considering that the type of activity that is develops in the sector and in its enterprises depends to a great extent on the acquisition and maintenance of the greatest number of customers possible. For these purposes, the training of quality techniques by enterprises will be encouraged.

Therefore, sustaining the levels of employment acquired will depend on the fulfillment of such instructions in relation to the delivery of the service and the full satisfaction of the client.

The workers ' conduct of work has the imposed requirement of a correct relationship with the customer and the recipient of the service, therefore, any type of conduct or behavior that can be negatively affected will be avoided. in the continuity and satisfaction of the client.

Article 42. Functional mobility.

In order for workers to maintain effective occupation throughout their working time, the Directorate, on the merits of functional mobility, may award staff other tasks or functions in line with their group. professional, even if they are not within the category that they have.

By reason of the same principle of mobility, companies may change their employees, at or within their usual working time, from the workplace when they are in the same municipality.

In those cities where there is a metropolitan area of influence in relation to a municipality, such mobility may lead to the worker being destined to serve on or within his usual working day, in his/her the establishment or working centre of the site or in another or other working centres in neighbouring municipalities which make up the metropolitan area of influence.

Functional mobility shall be without prejudice to the dignity of the worker and without prejudice to his or her training and professional promotion, having the right to pay corresponding to the duties which he actually carries out, those cases of award of lower works, in which case it shall maintain the original remuneration.

Unless the parties agree otherwise, the time spent on the posting will be considered as effective work, if it coincides with that of their usual day, and the expenses incurred by the offset.

Article 43. Higher professional category jobs.

For a better organisation, companies will be able to direct employees to perform tasks and tasks of a higher professional category, from the same professional group.

The performance of tasks or tasks higher than those of the worker for a period of six months for one year or eight months for two months shall mean the automatic rise of the worker covering all the effects of the vacancy corresponding to such functions and tasks developed.

For the purposes of performing tasks or higher functions of Level I, for automatic ascent, the uninterrupted period of performance of the tasks or functions shall be twelve months.

There are exceptions in any case, automatic ascent, those situations that are temporary for the replacement of workers with a job reserve, as well as those that correspond to individualized plans agreed between employer and worker.

Regardless of the above, the corresponding salary difference, if any, will be paid from day one.

Article 44. Lower professional category jobs.

If, for the purposes of the business, the company needs to assign a worker to tasks corresponding to a professional category lower than his own, he can only do so for the necessary time, In any event, it shall be entitled to the remuneration and other rights inherent in its professional category and to communicate it, where appropriate, to the legal representation of workers in the undertaking.

Article 45. Functional polyvalence.

There will be functional multipurpose when a worker performs a job that carries functions and duties of more than one professional category.

In such cases, it will be for the worker to award the professional category and remuneration whose functions are prevalent in relation to the remaining concurrent complementary functions in his or her job, with independence from belonging to professional categories other than yours.

Article 46. Temporary interruption of activity.

It will be understood as temporary interruptions of work those transitory, external to the will of the companies and their workers, that prevent the normal development of the activity of the centers of work, dependencies or establishments of undertakings, such as catastrophic situations, prolonged cuts in basic supplies, feasibility works and other similar ones.

In such cases, companies may, or maintain their employees in their work centers or in other establishments or premises of the company located in the same municipality or municipality adjoining, dedicating them to their common or similar tasks which enable them to have an effective occupation, whether they are of a higher or lower level than that of their professional group or group, entitled to their usual monthly salary, or to relieve the obligation to attend or remain at or at the workplace for up to seven days (except for the parties ' agreement), in where the workers have the right to receive, for the duration of such interruption, the salary-agreement corresponding to their professional status, if they are obliged to recover the hours or days of absence when the address indicates it.

Article 47. Geographical mobility.

It is understood by geographical mobility, in accordance with the provisions of Article 40 of the Staff Regulations, both the posting and the transfer of the worker from the usual place where he provides services to another where the company's management interests its work supply.

In the case of the transfer of an establishment or working centre of the undertaking to another who requires a change of residence of the worker, the worker shall be entitled to the economic compensation of the costs incurred, in accordance with all this referred to in Article 40 of the Staff Regulations.

In the case of displacements, the provisions of Article 40.4 of the Workers ' Statute will also apply. The lower-level collective agreements shall establish the amounts corresponding to the allowances or compensation, both for travel and for the stay, or for any or all of the corresponding meals of the day outside the municipality of the usual address of the worker.

In both cases and if there is mileage in charge of the worker, he will be paid except improvement in the lower-level agreement, at a price per kilometer of the same amount as the current one and computable for each year, according to the regulations Prosecutor of the Ministry of Economy and Finance. If these rules are repealed, the Joint Committee will decide to replace them.

Article 48. Geographical mobility due to gender-based violence.

The female victim of gender-based violence who is forced to leave the job in the locality where she was providing her services, to make her protection effective or her right to comprehensive social assistance, have the right to take another job, of the same professional group or equivalent category, to have the undertaking vacant in any other of its workplaces.

In such cases, the company will be obliged to communicate to the worker the vacancies existing at the time or those that could be produced in the future.

The transfer or change of work centre will have an initial duration of six months, during which the company will have an obligation to reserve the job previously occupied by the worker.

Finished this period, the worker will be able to choose between the return to her previous job or the continuity in the new one. In the latter case, the said reserve obligation shall lapse.

CHAPTER VI

Work promotion and promotions

Article 49. Promotions.

Regardless of the ability to recruit new workers, which in any case must be carried out by the companies in accordance with the provisions of this General Convention, a double system of promotion is established. professional within companies, namely:

a) By free designation of the Company Address.

b) By contest/opposition or objective assessment of professional skills and merits.

In the lower areas of collective bargaining, it will be specified which system will be the application and, if both, for which professional groups and categories one or another system can be used. The composition of the Evaluator Tribunal shall also be established, where appropriate by the call for a contest/opposition, which, without prejudice to the members indicated by the Directorate, shall always have the presence of a Delegate or a representative. of the staff.

It will be the ability of the representation of the workers to receive information of promotions and promotions that are carried out in the field of their company, as well as to be informed, with prior character, in case of convocation, of any contest/contest.

In the contest/opposition system and in the objective assessment, the companies, in the preparation of the computer system or score, will take into account the following objective circumstances: seniority of the worker in the company, appropriate qualifications and punctuation of the job, knowledge of the job to which it is intended, professional history and assessment of their professional activity, where appropriate, occasional performance of the group or category in question; and tests to be performed and their score.

The companies that are interested in this will be able to replace the contest/opposition and the objective evaluation by a system of evaluation of continuous professional training, followed by the appropriate courses of continuous training and occupational.

In any case, equal opportunity will be guaranteed for access to training courses when companies use the continuous assessment system.

Companies will not be able to condition the promotion of workers to ideological, sex, religion, race, political or union affiliation; equally, they will respect equal access to any job on the part of man and woman, without any discrimination, as well as temporary or temporary workers, who shall have only the limitations which, by reason of the contractual arrangements, have been legally established.

On an equal basis, it shall be sought to give preference for promotion to persons of sex less represented in the professional category concerned.

Jobs to be filled by personnel whose professional exercise carries command and special confidence functions, from the professional category of manager, at any level of organizational structure of the companies, will be covered by the free designation system.

CHAPTER VII

Concepts and salary structure

Article 50. Salary concepts.

All the economic perceptions of workers, in money or in kind, by the professional provision of their labor services, whether they pay for the effective work or the periods of rest that can be work, they will have the consideration of salary.

Article 51. Principle of non-discrimination.

The provision of equal value work should be paid with the same salary, without any discrimination.

Article 52. Non-wage concepts.

They will not have the consideration of salary the amounts received in compensation or expenses incurred as a result of their work activity, as well as the benefits and compensation of the system Social security protection and compensation for transfers, suspensions, dismissals, contract and retirement pensions.

Article 53. The salary: Your credit and your accreditation.

The salary, unless otherwise indicated by collective agreement of lower scope or contract of employment, will always correspond to a dedication of the worker for a normal productive activity and within the working day Normal. Therefore, whoever does not perform the day provided for in this general collective agreement, in an unjustified manner, will receive the salary proportionally to the actual and effective day that it develops.

The salary will be paid for months due on the last business day or at the latest within the first three days of the following month. The tax and social security charges borne by the worker will be met by the worker, with no pact to the contrary.

The staff may receive advances on account of the salary earned for the work done before the day comes for payment. In no case shall such advance be of an amount exceeding that of the net salary to be collected where appropriate.

The salary will necessarily be documented in a payroll or perceptions sheet that will be delivered to the worker, individually and as proof of payment made.

This receipt, which shall be in accordance with the official model of the Ministry of Labour and Social Affairs, except that by collective agreement or by agreement between the company and the legal representatives of the workers has been established another model, shall contain, with due clarity and separation, the different remuneration concepts that make up the worker's salary, as well as the corresponding deductions, which may include the proportional share of the extra payments if agreed expressly.

Article 54. Structure of salary.

The salary structure will distinguish the base salary and salary supplements.

Base salary shall be considered as the part of the remuneration fixed per unit of time or work, depending on the professional classification.

Wage supplements shall be considered to be the amounts which, where appropriate, are to be added to the basic salary, fixed according to circumstances relating to the personal conditions of the worker, to the work carried out or to the the company's situation and/or results.

Salary supplements will necessarily be included in some or some of the following modes:

Job position. They shall include those supplements which must be received, where appropriate, by reason of the characteristics of the job or the way in which they are carried out, which may be a different concept than the remuneration for their work. professional classification. These supplements are of a functional nature and their perception depends exclusively on the professional exercise in the assigned position. This group will include: currency bankruptcy, plus of languages, nocturnity, etc.

Quality or quantity of work. They shall be collected, if appropriate, for a better quality or a higher amount of work, whether or not they are linked to a system of remuneration or performance.

Of a personal nature. It will be those add-ons that are perceived by some kind of personal connection or characteristic. In this group it would be included the gratification by seniority and they will have the consideration of consolidables.

In terms of absorption and compensation, the provisions of the Workers ' Statute will be in place.

Article 55. Age.

The old-age complement will be governed by the following rules:

1. A non-cumulative percentage will be paid according to the following scale:

At five years old, 5 percent will be collected on the base salary.

At ten years old, 10 percent will be collected on the base salary.

At fifteen years old, 15 percent will be collected on the base salary.

At twenty years old, 20 percent will be collected on the base salary.

2. The payment shall be made on the monthly receipt of the month in which the age in question is satisfied.

3. Those who, at the entry into force of the present Convention, are in receipt of a supplement of seniority in excess of those resulting from this agreement, will continue to make the difference in their favour as a non-absorbable personal supplement and consolidable, upgradeable to the same percentage as your base salary, bringing the remainder to the personal seniority supplement defined in this Convention, which will be subject to the same.

Article 56. Extraordinary rewards.

There are three extraordinary annual bonuses to which all workers in the sector will be entitled, who will be paid on the basis of thirty days of basic salary plus seniority. Such payments, which will be effective in the months of March (up to the 15th day), July (up to the 15th day) and December (until the 19th day), will become due within the following deadlines:

March Pay. Throughout the calendar year and on the basis of the wages in force at 31 December of the previous calendar year.

Pay of July. From 1 January to 30 June of each year and on the basis of wages in force at 30 June of the current year.

Pay for December. From 1 July to 31 December and on the basis of wages in force in December of the current year.

Article 57. Overtime.

These are the hours that are performed in excess of the contractually established day or, in any case, of the one that this General Collective Agreement establishes. Their execution shall be voluntary for the worker, unless they are required to repair claims, or in situations of extreme urgency and need or to prevent other extraordinary damage.

Extraordinary hours will be paid and/or offset in the way that it is agreed at a lower level.

Both overtime compensated overtime, such as those made to prevent or repair unforeseen and urgent damages, shall not be taken into account for the calculation of the maximum number of authorized overtime legally.

Article 58. Minimum guarantee wages.

For territorial areas where there is no Collective Agreement, the obligation to pay at least full-time workers and not subject to training contracts, the minimum guarantee wage, is established. set out in this Convention for categories covered by the following levels:

SMG for 2009 (actual CPI 2008 + 1 %= 1.4% + 1%)

Level

Prof. Sup. and Technician Group	Administrative Prof. Group	Computer Prof. Group	Prof. Exploitation Group	Euros/year
I	Tecn. Top.	Section Chief.	Data Processing Analyst.	Charged.
		Head of Service.
		Head of Negotiator.			13,498.52 €
II	Tecn. Media.	Officer of 1. ª	Programmer.	Shift-Head-in-turn.
		Official 2.			Maintenance Officer.
				apmate agent.
				aparcto.
				Tapillero.
				Inspector.	12,281.44 €
III	Diplomat.	Auxiliary.	Operator.	Ayte. maintenance.
		Telefonista.
		Ordinance.		Personal Cleanup.
		Administrative Applicant.		Training Worker.	11.175.00 €

The annual amount of the guarantee salary for each of the indicated levels will be distributed in fifteen payments of the same amount (twelve monthly and three extraordinary payments), to be paid in proportion to the time worked.

CHAPTER VIII

Workday, vacation, permissions, and licenses

Article 59. Workday.

A maximum annual workday of 1,800 hours of effective work is established. The daily working day may be continued or split, from Monday to Sunday, with the corresponding weekly and weekly breaks, in shifts of tomorrow, afternoon and evening when the twenty-four hours are worked per day and with a minimum and a maximum working hours per day, provided that monthly, bi-monthly or quarterly computation is adapted to the day-time module of forty-hours effective weekly hours.

In any case, the prolongation of the day resulting from the irregular distribution will not be applicable to those who have limited their presence for health reasons, with the appropriate medical certificate of accreditation, care of under eight years of age, pregnancy or breast-feeding periods.

Within the first quarter of each year, a specific work schedule will be established for each worker or job, in which the distribution of the working days per year, the schedule, the breaks, the holidays, holidays and daily or weekly shifts and schedules.

In those companies that, by application of the labor calendar, exceed the number of annual working hours established in the Collective Agreement, they will agree with the representation of the workers where it exists, or in their absence directly with the workers, the excess, either as overtime or in days of compensatory rest.

Article 60. Breaks.

The staff affected by this collective agreement will enjoy the public holidays that correspond to them in accordance with their respective work schedule. In the event that they are unable to enjoy a certain holiday due to their work day, they shall be compensated by a different day, at most, within the following quarter and, preferably, following a weekly rest.

The daily rest of the day of twelve hours and the weekly of two days or forty-eight hours may be computed and accumulated in the terms of article 37.1 of the Workers ' Statute, in order to be finally enjoyed such periods of rest. In any case, the daily rest period shall never be less than 12 hours.

Article 61. Shift work and night work.

In those companies, establishments or workplaces in which continuous shift work is carried out, with the regulatory break of fifteen minutes, three shifts will be set, one from tomorrow, one from late and the night, in a way (a) that certain workers will be held in succession at the same job, within a day, taking into account the rotation between shifts and with the guarantee that no worker, unless voluntary, will remain more than two weeks on the night shift.

You will have the consideration of a night time that spans from twenty-two hours to six hours in the morning.

The worker/at least eighteen years of age may not be attached to the night shift or day or overtime until the age of majority.

Article 62. Holidays.

The holidays will consist of thirty calendar days or their corresponding proportion. The calculation of the working year for the holiday calculation shall be from 1 January to 31 December of the calendar year concerned.

They will be enjoyed throughout the year, on a daily basis and on an ongoing basis, with the exception of agreement between the parties to split them.

In those undertakings whose operation permits, as well as in territorial areas lower than that of this General Convention, the parties may establish, by specific agreement between them, the concentration of the enjoyment of the period Between the months of May to October, both inclusive.

Similarly, in areas lower than that of this Convention, the parties may agree objective rules to facilitate the distribution of workers ' holiday periods, based primarily on the relationship to the company, the age of the worker or who has or does not have a family in charge, in which case the coincidence of the working period with the school can be sought.

The management of the companies, on the merits of the organizational faculty of the work, will propose to the representation of the workers or, in their defect, to these, within the first trimester of the natural year that is treated, the distribution of the various holiday periods of its workers. If, during the holiday period, an official holiday coincides, it shall be compensated by another additional day.

When the holiday period fixed in the holiday calendar at the company coincides in time with a temporary disability arising from pregnancy, childbirth or natural lactation, or with the period of suspension of the contract of Article 4 (4) of the Staff Regulations provides for the right to take a holiday on a date other than that of temporary incapacity or for the enjoyment of a permit which, by application of that provision, would correspond to it, at the end of the suspension period, even if the calendar year to which they correspond is completed.

For the determination of the actual salary to receive during the holiday month, the average of the actual salary received during the previous three months will be taken into account.

In no case will annual leave be economically compensable, and your enjoyment will expire, unless otherwise established between the parties, on the last day of each calendar year.

The holidays, once you have started your enjoyment, will be suspended when the worker causes I.T. to force your hospitalization. Once the discharge is obtained, the days remaining unconsumed will be enjoyed in the period that the worker and the employer agree, without the natural year being able to be exceeded.

If prior to the start of the holiday already agreed, the worker initiates a period of I.T. that will clinically require his immobilization, may, by common agreement with the company, suspend the period that coincides with this situation to fix it on other dates, provided it is within the calendar year.

Article 63. Permissions.

1. The workers affected by this General Collective Agreement, prior notice to the company and subsequent justification, may be absent or absent from work with the right to continue to maintain their remuneration as if they were to provide service, only for any of the reasons and during the following periods:

a) Fifteen calendar days in case of marriage, not cumulative to the holiday period except express agreement between the parties.

b) One day per transfer from your usual address.

c) For two days, or five days if the worker needs to move out of his or her usual province of residence, in cases of child birth or serious illness, death of relatives, hospitalization or surgical intervention without hospitalization that requires home rest, up to the second degree of consanguinity or affinity.

It will be identical in the case of adoption or permanent or pre-adoptive adoption of less than eight years.

d) By the wedding of a first-degree relative, one day.

e) For the time indispensable for the fulfillment of an inexcusable duty of public and personal nature.

f) Pregnant workers, for the time required to carry out prenatal tests and birth preparation techniques to be carried out within the working day.

g) Hours of attendance at medical clinics, mutual centers and hospitals during the working day, provided that the worker is unable to attend outside of his working day. This permit will be granted by the worker, both for personal assistance to the doctor, and for the following cases, provided that they live with him: children under eight years old, ascending over seventy or at any age in the case of disabled.

The worker may not make use of this right for a period exceeding eighteen hours per year. Cases of assistance to medical centres to be subject to the tests determined by optional prescription are exempted from this limitation.

h) Two days per year for adoption or acceptance procedures, provided that they cannot be done outside of the working day.

2. They shall have the right to be absent from work and/or to reduce working time, in the following cases:

(a) Breastfeeding workers of their child under nine months are entitled to an hour of unpaid work, which may be divided into two fractions. Also, at their will, the workers will be able to substitute this right for a reduction of the usual working day that they perform in half an hour or to accumulate in complete days, enjoying uninterrupted form following the suspension by maternity. This permit may be enjoyed by either the mother or the father in case both work, and increase proportionally to the number of children in multiple births.

(b) In cases of birth of premature children or who, for any reason, must remain hospitalized after delivery, the mother or father shall have the right to be absent from work for an hour.

c) Those who, for reasons of legal guardian, have a direct care of a minor of eight years or a physical or mental diminished who does not carry out any other paid activity, shall be entitled to a reduction in the working day with the a proportional reduction in the salary or remuneration between at least one eighth and no more than half the duration of the salary.

It will have the same right to care for the direct care of a family member, up to the second degree of consanguinity or affinity that, for reasons of age, accident or illness cannot be used by himself, and that he does not perform paid activity.

3. Reductions in working hours and absences for family reasons referred to in paragraph 2 of this Article constitute an individual right of workers, men and women. However, if two or more employees of the same undertaking generate this right by the same deceased person, the employer may limit his or her simultaneous exercise for justified reasons of operation of the undertaking.

Your time-frame and the determination of the enjoyment period will correspond to the worker within your ordinary day. The worker must notify the employer 15 days in advance of the date on which he/she will return to his/her ordinary day.

4. It shall have the same regard as marriage, the legally accredited couple in fact, in relation to the rights described herein, except for that of paragraph 1.a).

Article 64. Licenses.

Without prejudice to the provisions of Article 74 of this General Convention, companies that have their service workers carrying out duly approved official studies shall be obliged to grant up to five days of leave without pay, necessary to enable them to prepare examinations called by the centre concerned, on the grounds of the parties concerned to have the registration formalised.

This unpaid license is applicable to the worker's obtaining of the driver's card.

In lower areas of conventional negotiation, new licensing scenarios may be established or implemented without remuneration.

CHAPTER IX

Suspension and extinction of the employment relationship

Article 65. Excess.

Excess leave may be voluntary, enforced, or for the care of family members. The forced leave of absence and the care of family members shall entail the reservation of the job and shall take into account the duration of the job for the purposes of seniority, in the terms set out in the following paragraphs.

All the surplus must be requested in writing and, unless otherwise legally available, the volunteers may only be used by the workers with an indefinite contract and who credit at least one year old in the company.

1. The compulsory leave shall be granted on the basis of the following cases:

(a) By appointment or election in public office that makes it impossible for you to attend work.

b) By disease, after the time of the temporary incapacity and for all the time the worker remains in temporary invalidity.

c) By the exercise of union functions at provincial or higher level.

2. The leave of absence of family care, after notice to the company, shall be granted in the following cases:

(a) Workers shall be entitled to a period of leave of absence of not more than three years in order to take care of the care of each child, either by nature or by adoption or in the case of a reception, permanent as well as preadoptive, to be counted from the date of birth or, where appropriate, of the judicial or administrative decision.

b) A period of up to two years to care for the care of a family member, up to the second degree of consanguinity or affinity, which for reasons of age, accident or illness cannot be used by itself, and does not carry out activity retributed.

The period of duration of leave of absence for family care may be enjoyed in a split form in one or more periods.

The period of leave, in these two cases, will be computable for the purposes of seniority and the worker or worker shall have the right to attend vocational training courses during which he or she must be called by the employer, especially on the occasion of his reinstatement. During the first year you will be entitled to the job reserve. After that period, the reserve shall be referred to a post of the same professional group or equivalent category.

However, when the worker is part of a family that has officially recognized the status of a large family, the reserve of his or her job will be extended to a maximum of 15 months in the case of a family. a large category, and up to a maximum of 18 months if it is a special category.

After that period, the reserve shall be referred to a position of work of the same professional group or equivalent category.

Excess care for family members constitutes an individual right of workers, men and women. However, if two or more employees of the same undertaking generate this right by the same deceased person, the employer may limit his or her simultaneous exercise for justified reasons of operation of the undertaking.

When a new causative subject will be entitled to a new period of leave, the beginning of the period will end the one who, if any, will be enjoying himself.

The worker on leave must be rejoined to the undertaking within the maximum period of 30 calendar days following termination of the function or disappearance of the cause or reason originating in such a period of suspension. contract. Failure to do so within that period shall mean that the reserve of work shall be reduced and the worker shall have the same condition as the surplus on a voluntary basis, unless he gives proof of the right to the birth of a new period of Forced excess.

3. Voluntary leave will also be requested in writing and as far as possible to the company, and may be done by those workers who are linked to the company of more than one year.

Voluntary leave may be granted by companies for a minimum period of four months uninterrupted and a maximum of five years. It shall always start on the first day of the month concerned and shall be deemed to be completed on the last day of the last calendar month of the requested period.

The worker with voluntary leave retains the right to re-enter the establishment in the vacancies of equal or similar professional category to the one held by the employee at the time of his application, provided that manifest in writing, to the company, in an indubid form, its intention to return with a minimum advance of thirty calendar days to the effective end of the surplus, except the most beneficial individual pact agreed between the company and the worker.

Article 66. Work contract suspension.

Workers with work contracts suspended for the following causes shall be entitled to the job reserve:

A) Maternity:

In the course of delivery, the suspension will last for sixteen weeks, which will be enjoyed uninterrupted, expandable in the case of multiple delivery in two weeks more for each child from the second. The period of suspension shall be distributed to the person concerned, provided that six weeks are immediately after delivery. In the event of the death of the mother, regardless of whether or not she is carrying out any work, the other parent may make use of the whole or, where appropriate, the remaining part of the suspension period, computed from the date of delivery, and without that the party which the mother had been able to enjoy before the birth was neglected. In the case of the child's death, the period of suspension shall not be reduced unless, after the end of the six-week compulsory rest period, the mother is required to return to her job.

However, and without prejudice to the immediate six weeks after the mandatory rest period for the mother, in the event that the father and the mother work, the mother is, at the beginning of the rest period, maternity, may choose to allow the father to enjoy a certain and uninterrupted part of the post-birth rest period either simultaneously or in succession with that of the mother, unless at the time of their effectiveness the incorporation into the Mother's work poses a risk to your health. The other parent may continue to make use of the period of maternity leave initially transferred, although at the time provided for the return of the mother to work, the mother is in a situation of temporary incapacity.

In cases of preterm birth and in those where, for any other cause, the neonate must remain hospitalized after delivery, the period of suspension, may be computed, at the request of the mother or, failing that, from the other parent, from the date of discharge. The first six weeks after the birth are excluded from that calculation, which is compulsory suspension of the mother's contract.

In cases of preterm birth with a lack of weight and those other in which the neonate requires, for some clinical condition, hospitalization after delivery, for a period of more than seven days, the period of suspension is will be extended in as many days as the born person is hospitalized, with a maximum of thirteen additional weeks.

In the adoption and reception scenarios, the suspension will last for sixteen weeks uninterrupted, extended in the event of adoption or multiple reception in two weeks for each child from the second. Such suspension shall produce its effects, at the choice of the worker, either on the basis of the judgment in the court for which the adoption is constituted or on the basis of the administrative or judicial decision of a provisional or final acceptance, without No case of the same minor may be entitled to several periods of suspension.

In case both parents work, the suspension period will be distributed to the interested parties, who will be able to enjoy it simultaneously or successively, always with periods uninterrupted and with the limits indicated.

In cases of simultaneous enjoyment of rest periods, the sum of the rest periods shall not exceed the sixteen weeks provided for in the preceding paragraphs or those corresponding to childbirth, adoption or acceptance. multiple.

In the case of disability of the child or of the child adopted or received, the suspension of the contract referred to in this paragraph shall be for an additional duration of two weeks. In case both parents work, this additional period will be distributed to the interested parties, who will be able to enjoy it simultaneously or successively and always on an uninterrupted basis.

The periods referred to in this paragraph may be enjoyed on a full-time or part-time basis, subject to agreement between the employers and the workers concerned, on the terms which they regulate determine.

In cases of international adoption, where the prior movement of the parents to the country of origin of the adoptee is necessary, the period of suspension, provided for in each case in this paragraph, may be initiated. up to four weeks before the resolution for which the adoption is constituted.

The workers will benefit from any improvement in working conditions to which they may have been entitled during the suspension of the contract in the cases referred to in this paragraph, as well as in the case of the following paragraph and in Article 48a of the Staff Regulations.

5. In the case of risk during pregnancy or risk during natural lactation, in the terms provided for in Article 26 of Law 31/1995 of 8 November of the Prevention of Occupational Risks, the suspension of the contract will end on the day the suspension of the contract for biological maternity or the infant is to be initiated nine months, respectively, or, in both cases, where the worker's inability to return to her previous post or another compatible with her or her status.

6. By decision of the worker who is obliged to leave her job as a result of being a victim of gender-based violence, the period of suspension shall be of an initial duration which shall not exceed six months, except for proceedings for judicial protection as a result of the fact that the effectiveness of the victim's right of protection requires the continuity of the suspension. In this case, the judge may extend the suspension for periods of three months, with a maximum of eighteen months. months.

B) Suspension of the paternity contract:

In the cases of child birth, adoption or acceptance in accordance with Article 45.1 (d) of the Workers ' Statute, the worker shall be entitled to the suspension of the contract for 13 uninterrupted days, 20 days when the new birth, adoption or reception occurs in a large family, where the family acquires such a condition with the new birth, adoption or reception or where in the family there is a person with disabilities, extendable, or those who allow the legislation at any time, in the course of delivery, adoption or Multiple reception in two more days for each child from the second. This suspension is independent of the shared enjoyment of the maternity rest periods regulated in the Article concerning the suspension of the maternity work contract.

In the case of delivery, the suspension corresponds exclusively to the other parent. In the case of adoption or acceptance, this right shall be for one of the parents only, at the choice of the persons concerned; however, where the period of rest provided for in Article 48.4 of the Staff Regulations is granted in its entirety by one of the parents, the right to the paternity suspension may only be exercised by the other.

The worker exercising this right may do so during the period from the end of the child's birth permit, provided for in law or conventionally, or from the judicial decision making up the adoption or from the administrative or judicial decision of acceptance, until the end of the suspension of the contract as regulated in Article 48.4 of the Workers ' Statute or immediately after the termination of that suspension.

The suspension of the contract referred to in this Article may be enjoyed on a full-time basis or on a part-time basis of a minimum of 50 per 100, subject to agreement between the employer and the worker, and determine regulentarily.

The worker must inform the employer of the exercise of this right as far as possible.

Article 67. Termination of the work contract.

The causes, forms, procedures and effects of both the suspensions and the collective extinctions of employment contracts are those laid down in the legislation in force, or by agreement between workers of an establishment or company and its Address.

As to the individual termination of the contract of work by the will of the worked/a, it is established that whoever wishes to cease voluntarily in the service to the company will be obliged to put it in knowledge of it, in writing and complying with the following minimum notice periods:

Senior, Technical and Administrative Staff: A calendar month.

Rest of staff: Fifteen days.

The failure of the worker to comply with the obligation to pre-notify him in good time shall entitle him to be deducted from the final settlement of the amount of the actual salary of one day for each day of delay in the warning, plus its equivalent in proportional parts.

To be completed by the employee/the stipulated notice, if the company does not deliver or abona the relevant final settlement for the entire last day of work and this is not due to the unjustified rejection of the same by the worker, the worker shall have the right to be applied to the amount of the final settlement, starting from that day, the default interest that is legally established.

In the event of termination of the contract of employment due to the expiry of the contract period, the undertaking shall be obliged, in temporary-form contracts, for a period exceeding 12 consecutive months, to provide the worker with the right to terminate the contract. decision, at least, with fifteen calendar days in advance. Failure to comply with the notice or to do so partially, with the final settlement, the worker shall be paid the amount of one day's salary for each day of the missed deadline, with the maximum of fifteen days of salary.

Dismissal null. -It will be void the dismissal of female victims of gender-based violence for the exercise of the rights of reduction or reordering of their working time, of geographical mobility, of change of work center or of suspension of the employment relationship, in the terms and conditions recognised in this Convention.

Article 68. Retirement.

Workers interested in partial retirement may agree in common with the company on the relevant contract of relief, in accordance with the provisions of R.D. 1.131/2.002 and Article 12.6 of the Staff Regulations. Workers.

However, the above, who in accordance with the social security regulations in force at any time, can benefit from early partial retirement, will be able to do so, with the company being obliged to grant it, provided that the (a) a worker who has been informed at least three months in advance of the right of birth, after this period, may only be able to access partial retirement by means of an agreement between an undertaking and a worker. In such cases, the worker will be obliged to maintain a residual day of 15% of the working day agreed in the collective agreement. Unless agreement between the two parties the residual day to be provided will be carried out in such a way that the worker/a pays the whole of the same one that each calendar year corresponds until to the age of 65 years, in successive complete working days in the the period that the company and the worker have in the same calendar year. The company undertakes to hire a worker in the terms provided for in the legislation, at least for a day equivalent to that which the retiree/partially ceases to provide.

The worker who is entitled to early retirement, will have to take the written and irrevocable commitment, to access the forced retirement at the age of 65, unless he does not have the minimum contribution period to access the retirement provision, in which case it will extend its employment relationship until such a minimum period of absence is reached.

The worker/a partially retired, will receive fixed and variable remuneration and the economic concepts of non-wage in proportion to the residual working day effectively worked and all this regardless of the fact that the annual amount of one and more may be pro rata in the different months of the year for purposes only of payment.

In the event that the worker dies or is declared in Permanent Incapacity Total during the partial retirement situation, the company shall pay the worker, or his heirs, as appropriate, the remuneration In the case of a worker, who is not entitled to pay the same amount, he or she is entitled to pay the amount of the sum paid to the employer, in the case of the worker, who has not yet paid the salary. corresponding to the committed theoretical residual day.

The workers, according to the company, will be eligible for retirement at the age of 64, in the cases and conditions of Royal Decree 1194/1985 of 17 July.

CHAPTER X

Disciplinary regime

Article 69. Fault classes.

The faults committed by the workers at the service of the companies in the sector will be classified according to their importance and, where appropriate, their recidivism, in light, serious and very serious, in accordance with what is available in the the following items.

Article 70. Minor fouls.

The following are considered minor faults:

1. Up to three punctuality faults in a month without justification.

2. Failure to communicate at least forty-eight hours in advance of any lack of assistance to work for justified reasons, unless the impossibility of doing so is credited.

3. The abandonment of the centre or the job, without cause or reason, even for a short time, provided that such abandonment was not detrimental to the development of the productive activity of the company or cause of damage or accidents to its colleagues, in which it may be considered to be serious or very serious.

4. The lack of care and diligence due to the development of the job entrusted, as long as it does not cause injury to the company or to his or her colleagues, in which case it may be considered as serious or very serious.

5. Do not communicate to the company any variation of its situation that has an impact on the work, such as the change of its habitual residence.

6. Lack of grooming or personal cleansing, when it causes complaints or complaints from colleagues or bosses.

7. The lack of respect, of little consideration, both to his companions and to third persons, provided that this occurs on the occasion or occasion of the work.

8. Failure to comply with the rules on risk prevention and occupational health, which do not pose a serious risk to the worker or to his or her colleagues or third parties.

9. Discussions on foreign affairs to work during the working day. If such discussions lead to serious scandals or riots, they may be considered as serious or very serious misconduct.

Article 71. Serious fouls.

The following are considered to be serious faults:

1. More than three punctuality faults in one month, or up to three times when the delay is greater than fifteen minutes in each one and without justified cause.

2. Missing one or two days to work for a month, without cause to justify it.

3. Do not pay due diligence or care in the work entrusted, which may be a risk or prejudice to a certain consideration for the worker himself, his colleagues, the company or third parties.

4. Failure to comply with the rules on the prevention of risks and occupational health or non-compliance with business instructions in the same matters, where they pose a serious risk to the worker, his or her colleagues or third parties, as well as refuse to use the means of security provided by the company.

5. Disobedience to the superiors in any matter of work, provided that the order does not involve a vexatious condition or an attack against the sexual freedom for the worker, or the risk to life or health, both of him and of others colleagues.

6. Any alteration or falsification of personal or work data relating to the worker himself or his colleagues.

7. Carry out, without the appropriate permission, particular works in the work centre, as well as use for own uses facilities or property of the company, both inside and outside the work premises, unless it is counted with the appropriate authorization.

8. The occasional and voluntary decrease in work performance.

9. Provide reserved data or company information to outsiders, without proper authorization for it.

10. Do not immediately warn your bosses, your employer, or any of you, of any unusual failures, accidents or unusual events that you notice in your premises, machinery, premises or personnel.

11. Introduce or facilitate access to the workplace to unauthorised persons.

12. Serious negligence in the preservation or cleaning of materials and machines that the worker has in his or her capacity.

13. Occasional drunkenness during work, as well as being affected, also occasionally and during work, by substances such as drugs and/or drugs.

14. Use customers ' vehicles to sleep, listen to the radio, etc.

15. Sleep on hours of service.

16. Recidivism in any slight lack within the quarter, when there is a written warning from the company.

Article 72. Very serious fouls.

The following are considered to be very serious:

1. More than twelve non-justified punctuality errors committed during the three-month period or twenty-four months in six months.

2. Miss work more than two consecutive days or four alternate days per month without cause or reason to justify it.

3. Fraud, disloyalty or breach of trust in the work, management or activity entrusted to it, as well as the use of vehicles from customers without authorisation.

4. The intentional or reckless conduct of the work entrusted to it, or when the manner of doing so involves damage or risk of accident or serious damage to the premises or machinery of the undertaking.

5. Usual drunkenness or drug addiction if it has a negative impact on work.

6. Ill-treatment of words or deeds or disrespect and consideration of superiors, companions or subordinates, including verbal offenses, assaults and sexual harassment.

7. Inexcusable recklessness or negligence, as well as non-compliance with the rules on risk prevention and occupational health when they produce danger or cause serious accidents at work, serious harm to colleagues or third parties, or damage serious to the company.

8. Abuse of authority.

9. The continued and voluntary decline in the performance of normal or agreed work.

10. Continued or persistent disobedience.

11. The abandonment of the post without justification, especially in posts of command or responsibility, or when it causes obvious harm to the company or may become cause of accident for the worker, his or her colleagues or third parties.

12. The appropriation of the amount of the services provided, whatever their value, as well as not handing out tickets, leaving the mark or no longer recording any entry or exit of vehicles, or service provided, except for abandoned vehicles or authorised by the undertaking and, in general, any concealment, subtraction or manipulation with similar purpose.

13. The recidivism in serious misconduct, even if it is of a different nature, within the same semester, provided that it has been subject to a penalty that has taken firmness.

14. Sexual harassment and harassment on grounds of sex.

constitutes sexual harassment of any behavior, verbal or physical, of a sexual nature that has the purpose or produces the effect of attacking the dignity of a person, in particular when creating an intimidating environment, demeaning or offensive.

Sexual Harassment is any behavior performed according to the sex of a person, with the purpose or effect of attacking his or her dignity and creating an intimidating, degrading or offensive environment.

Sexual harassment and harassment on grounds of sex shall be considered in any case to be discriminatory.

Article 73. Sanctions. Application.

1. The penalties that companies can apply according to the severity and circumstances of the misconduct will be as follows:

a) Mild high:

a.1) Verbal assembly.

a.2) Amonstation in writing.

b) Serious high:

b.1) Suspension of employment and salary from one to ten days.

c) Very severe high:

c.1) Suspension of employment and salary of eleven to thirty days.

c.2) Despid.

2. For the application and graduation of the penalties provided for in point 1, the following shall be taken into account: the greater or lesser degree of responsibility for which the fault is committed. The impact of the event on the other workers and on the company.

3. Prior to the imposition of penalties for serious or very serious misconduct for workers who have the status of a legal or trade union representative, they will be instructed to do so by the company, in which they will be heard. apart from the person concerned, the other members of the representation to which it belongs, if any.

The obligation to instruct the contradictory file referred to above extends until the year following the cessation in the representative office.

4. In cases where the undertaking intends to impose a penalty on workers affiliated to a trade union, it shall, prior to the imposition of such a measure, give the trade union delegates of its undertaking a hearing, if any, or to the trade union section if it is incorporated therein.

5. The staff representatives shall be informed of the penalties for serious and very serious misconduct.

6. Minor faults prescribe at ten days, the serious ones at twenty days and the very serious ones at the age of sixty days from the date on which the company became aware of its commission and, in any case, six months after its mission.

TITLE SECOND

OF VOCATIONAL TRAINING

Article 74. Measures for the Promotion of Vocational Training in Enterprise.

All the staff affected by this General Collective Agreement have the right to be provided by the companies, as far as possible and without the provision of the service being conditioned, the carrying out of studies for the acquisition of academic and professional qualifications, the completion of vocational training courses and the access to retraining and vocational training courses, in relation to the sector's activity.

In particular, in order to obtain the degree of graduate degree in E.S. O, first and second degree vocational training, university degrees or degrees of university or occupational training courses activity of the sector, workers affected by this General Collective Agreement shall be entitled to:

a) Paid leave to attend exams.

b) To enjoy the holiday period, on a continuous or starting basis, by agreeing with the company's management, to be able to prepare final exams, aptitude tests, etc., and provided that this allows for the normal development of the activity in the job or establishment center.

c) To choose, in the event of being possible and to work in shifts in the workplace or establishment, that which is more suitable for the attendance of training courses, provided that it has been sufficiently accredited to the Address and do not condition the work to be done.

In all cases, they must prove, by the delivery of the registration and assistance supporting documents, the effective implementation of the courses of study, training and retraining to be entitled to such benefits.

Recycling courses, as well as those that are carried out by the company's express interest, will be considered as effective working time, agreeing between the parties either the time compensation or the economic compensation, without Last case the compensation may be lower than the ordinary hour price.

If workers apply, under Article 58, for unpaid leave to attend courses, conferences or seminars, not directly related to the activity or to their specific academic training, professional or trade, it will be up to the Directorate of the companies to make the decision to facilitate their assistance on the basis of the business activity and if their absence conditions it.

THIRD TITLE

RIGHTS AND GUARANTEES OF UNION AND STAFF REPRESENTATIVES

Article 75. Rights of a general nature.

The following are generally set:

Companies in the sector will respect the right of every worker to freely speak, hold meetings, collect fees, and distribute union information, all in accordance with current legislation.

Companies, those delegates of staff or members of works councils who participate as holders in the negotiating commissions of the collective agreements, will provide them with the corresponding permits in order to obtain the maximum facilities in their work as negotiators and throughout their duration, provided that the collective agreement is applicable to the company.

Employees of companies, establishments or workplaces have the right to meet in an assembly at the workplace, which will be convened and chaired in any case by the Business and/or Staff Committee, if (a) any person, or a worker of the centre or establishment who promotes it, provided that the transfer of both the call and the order of business to the management of the undertaking or centre of work has been carried out on a prior basis.

It will always take place outside of working hours except in those job centers subject to service provision twenty-four hours of the day, in which case it will be agreed, by the promoters with the management, the moment of celebration of the assembly, as well as its approximate duration.

The Company shall provide appropriate premises if the working centre meets the relevant conditions for this purpose, otherwise it shall designate a particular appropriate location within its premises for its conclusion.

The company may refuse to authorize the holding of an assembly in its premises if it is not fulfilled by those who promote it, subject to the conditions described above; (i) to issue the Directorate if less than two months have elapsed since the last assembly held in the workplace, as well as in the situation of legal closure of the undertaking.

Within the above limitation, no meetings or information meetings will be included, the only item of the agenda being the information on the negotiation of the Collective Agreements that apply to them. workers of the undertaking, establishment or centre of work concerned.

In accordance with the provisions of Article 64, the workers elected to hold positions of local, provincial, regional or national responsibility in their union and who are required to devote themselves fully to the performance of such duties or tasks, may voluntarily apply for leave for the duration of such a situation, after which they shall be reinstated to their posts, provided that they are requested within one month from the date of their departure from the those referred to.

Article 76. Rights of information and control of staff representatives.

Without prejudice to the rights and powers granted by the Laws, the Company Committees and the Staff Delegates are recognized as:

a) Be informed by the Company Address:

About the targeted layoffs to track them.

Quarterly, at least, on the general evolution of the economic sector to which the company belongs, on the evolution of the business and the situation of its own exploitation and sales, on the planned program or budget and on the development of employment in its specific field.

Annually, in those companies that review the form of a merchant company, know and have at its disposal the Balance, Results Account, Memory and how many documents are made known to the partners.

Prior to their execution by the companies, on the restructuring of the same or their work centers, total or partial closures, definitive or temporary, reductions in day, transfers of all or part of the business facilities, other collective and substantial changes in the employment contracts of their employees, as well as on the business training plans of companies.

Depending on the subject matter:

On the implementation or revision of the systems of work organization and any of its possible consequences, studies of times, establishment of systems of premiums or incentives and valuation of jobs.

On the merger, absorption or modification of the legal status of the company, where this would affect significantly the volume of the employment acquired.

Know the models of written work contracts that are used, as well as the documents relating to the completion of the employment relationship.

On penalties for serious and very serious misconduct and, in particular, on redundancies.

In relation to statistics on the index of absenteeism and its causes, accidents at work and occupational diseases and its consequences, rates of accidents, movement of cesses and income and promotions and newsletters T.C. 1 and 2 to Social Security.

b) To exercise control or supervision work on the following subjects:

The compliance with the existing labour and social security regulations, as well as the agreements, conditions or uses of the company in force, formulating how many legal actions are necessary to the company and the specific bodies or courts.

The execution and implementation of the applicable training plans in the field of enterprises.

Job recruitment at the company level through the documentation that is required to be delivered to you.

Ostend the representation of the workers on assignment, while the latter lasts, as representatives of the workers of the user companies, for the purpose of making any claim in relation to the conditions of execution of the work activity, in all matters related to the provision of its services to them. Under no circumstances may an extension of the hours of time provided for the legal representation of the employees of the user undertaking be represented, nor can they be considered to be in the face of the same claims of employees as regards the temporary work enterprise on which they depend.

In conjunction with the Management, on the implementation of the measures implemented, in order to maintain and increase the profitability and productivity of the facilities and the enterprises.

Compliance with the principles of non-discrimination, equality of the sexes and opportunities and a rational policy for the promotion of employment. They shall ensure in particular that the working conditions are in accordance with the existing rules on occupational health and risk prevention and the requirements laid down by the implementing regulations.

The members of the Business Committee and the staff members, individually or jointly, observe professional secrecy regarding confidential information which, due to their position, are known to the companies, even after to leave office, and, in particular, in all matters which the Directorate qualifies as a reserved matter.

Article 77. Union quota.

At the request of the workers, when they are authorized by document, the companies will discount the amount of the corresponding ordinary or extraordinary union fee on their monthly payroll.

To do this, it will be delivered to the Directorate of a document manuscript and/or signed by the worker in which the order or authorization of discount will be expressed clearly, the amount, the trade union center, as well as the the current account number or savings book to which the amount of the amount is to be transferred.

The Business Address will submit a copy of the transfer listing to the union representation.

Article 78. Guarantees from staff representatives.

No member of the Business Committee or Delegate may be dismissed or punished during the performance of his duties or within the year following his or her termination, unless the latter occurs by revocation or resignation, and provided that the dismissal or sanction is based on or is based on the action of the worker in the legal exercise of his or her representation.

If the penalty for alleged serious or very serious misconduct to other causes, a contradictory file must be dealt with, in which the interested party, the business committee or the other delegates of staff will be heard, and the trade union delegate of the organisation to which he belongs, in the event that his trade union section is known to the management of the company.

They will have priority of staying in the company or workplace, with respect to the rest of workers, in the cases of suspension or termination of contracts for technological, economic, organizational, production or force majeure.

They may not be discriminated against in their economic or professional promotion because of the performance of their legal representation. They may exercise the freedom of expression in the internal sphere of the company in the matters of their representation, being able to publish or distribute, without disturbing the normal functioning of the business activity, those publications of interest employment or social. The execution of such tasks shall be performed in accordance with the legal regulations in force at any time.

You will have the credit schedule of paid monthly hours that the Law determines by reason of your position and the volume of the company. At the same company level, it may be possible to accumulate the hours of the various members of the Committee or Delegates of staff in one or more of their colleagues, without the maximum total being exceeded by law for each and every one of them, In such a case, it may be relieved of the work without prejudice to its remuneration. This circumstance must be communicated to the company in advance, indicating the period of time in which the accumulation will take place.

Without exceeding the legal maximum, the hours of the credit union schedule available to the members of the Business Committee or Staff Delegates may be consumed in order to provide for their attendance at organized training courses. by their trade unions, training institutes or other entities.

TITLE FOURTH

HEALTH AND PREVENTION OF OCCUPATIONAL RISKS

Article 79. General criteria.

The workers affected by the present General Collective Agreement are entitled to the provision of their services in the various workplaces and establishments of the companies in the sector to be adapted to the measures and rules which, on a compulsory basis, provide for the Law on the Prevention of Occupational Risks, 31/1995 of 8 November, as amended and extended by Law 54/2003 of 12 December 2003 on the reform of the framework for the prevention of occupational risks and the various Regulations that develop it, and by the Organic Law 3/2007 for Effective Equality of Women and Men.

As general considerations on health and prevention of occupational risks, it is stipulated that:

Companies that subscribe to this Collective Agreement shall develop the necessary actions and measures in the field of occupational safety and health to ensure that the working conditions, if any, represent the lower risk and do not adversely affect the health of workers.

In any case, the approaches, actions and measures that will be implemented by companies and workers, without conditioning the activity, will lead to an improvement in the quality of life of the staff. affected.

In accordance with the current legislation, in the elaboration, development and implementation of health and safety plans at work, as well as in the prevention of occupational risks, they will participate, if they exist, the representatives of the workers ' unions, as well as trade union organisations, depending on the scope of the plan. In the absence of this, workers shall take part in the workplace or in the company.

Companies will develop a comprehensive risk assessment plan for the safety and health of their workers for all their work centers and establishments, taking into account the nature of the activity. An assessment shall also be carried out, where appropriate, of the means and places of work and the conditioning of the centre or establishment.

If there is a job that represents a certain risk for the health and safety of workers, the companies, in accordance with the opinions and advice of the Prevention Services and, if necessary, the Inspection of work, shall modify the facilities, means or own allocation of the job, in such a way as to minimize and avoid to the greatest extent possible the risk detected.

Any extension or modification of the facilities of the establishments, their machinery or the technology applied to the various jobs will necessarily entail an assessment of the health risks and job security which it may contain, as well as its knowledge, either the workers ' representatives or, failing that, the workers concerned.

The legal representation of workers in the company will have permanent information regarding the start-up of new machinery, modification of facilities, its expansion and measurements, analysis and recognition. which are carried out in relation to the environmental conditions of the workplace.

The companies will provide the affected by this collective agreement with the annual medical reviews that correspond, in accordance with the provisions of Article 22 of the Law on the Prevention of Labor Risks. Particular attention shall be paid to the specific recognition of women in the case of maternity. The results shall be communicated to the worker for his/her knowledge.

As for certain jobs, the rules and regulations on ergonomics that the National Institute of Safety and Health at Work has established or can establish. Special assessment shall be made of those activities or jobs exposed to radiation from screens of any kind, to high sonority, to aeration limitations, etc.

The workers affected by this collective agreement have the right to information and training on the conditions of their work, on the characteristics of their activity and their work centre, on the machinery and technology used and on all other aspects of the work process that may in some way pose a risk to your health or personal safety at work.

In particular, companies are obliged to specifically train the worker on the risks which, where appropriate, may exist in a given job, as well as on the use of the means and conduct necessary to their removal.

In companies or workplaces that have six or more workers, the participation of these workers will be channeled through their representatives and the specialized representation that regulates the Law of Risk Prevention and Occupational Health.

Prevention delegates will be appointed by and among the staff representatives, according to the following scale: Up to 49 workers: A delegate/prevention. From 50 to 100 workers: Two prevention delegates. From 101 to 500 workers: Three prevention delegates. From 501 to 1,000 workers: Four prevention delegates.

In the companies of up to 30 workers the Delegate/a prevention will be the Delegate/to the staff. In companies of 31 to 49 workers there will be a delegate/prevention who will be elected by and among the staff delegates.

Finally, the employer is obliged to inform the workers ' representatives regularly, if any, about the evolution of the health and safety of workers, rates of absenteeism and their causes, accidents and their consequences, rates of accident, studies carried out on the environment of the workplace and, in general, on any circumstances which may have a collective or individual impact on the environment the health of workers.

Companies will develop a basic level course of occupational risk prevention for prevention delegates who lack the same status when they are appointed.

Article 80. Planning for Preventive Activity.

The prevention of occupational risks must be integrated into the General Management System of the Company, in all its activities as well as in all the hierarchical levels of the company, through the implementation and application of a specific occupational risk prevention plan.

The Workplace Risk Prevention Plan should include organizational structure, responsibilities, functions, practices, procedures, and necessary processes and resources (technical and human) to perform the Risk Prevention action in the Company, in terms that are regulated by law.

The company must carry out an initial risk assessment for the safety and health of workers, taking into account, in general, the nature of the activity, the characteristics of the existing jobs and of the workers who will have to perform them.

The initial risk assessment must complete the specific risks and activities of particular hazard. The risk assessment shall be updated when the working conditions change and, in any case, shall be submitted for consideration by the Committee on Safety and Health, and shall be reviewed, if necessary, on the occasion of the damage to health which is they have produced.

When the results of the risk assessment make it necessary, it shall carry out periodic checks on the working conditions and the activity of the workers in the provision of their services, in order to detect situations potentially dangerous.

Article 81. Resources for preventive activities.

The company will ensure the presence in the work center of the preventive resources, whatever the mode of organization of those resources.

Preventive resources must have sufficient capacity, have the necessary means and be sufficient in number to monitor compliance with preventive activities, and must remain in the workplace. during the time the situation is maintained to determine its presence.

The company will designate a Worker for the prevention activities with the necessary capacity and experience in this type of activities, or at least perform the Training Course for the performance of the functions of Basic Level.

You will also designate the person or persons in charge of emergency and first aid measures. The number of designated workers will be determined on the basis of the number of employees in the company and taking into account the different working shifts. The emergency measures will be responsible for implementing the provisions of the Emergency Plan.

Workers and those in charge of emergency measures must be formally appointed and trained, and their appointment must be communicated to workers ' representatives.

The Committee on Safety and Health will participate in the preparation, implementation and evaluation of prevention plans and programs. To this end, they shall be discussed, prior to their implementation and as regards their impact on the prevention of risks.

Article 82. Protection of maternity.

With a general nature in the protection of maternity, the provisions of article 10 of Law 39/1999 of 5 November will be in place to promote the reconciliation of the family and work life of workers.

In addition in case of risk during pregnancy and breast-feeding, if following the assessment of the risks provided for in Article 16 of the Law on the Prevention of Occupational Risks, the results reveal risk for safety and the health or a possible impact on the pregnancy or breastfeeding of pregnant or newly born workers, the employer shall take the necessary measures to avoid exposure to that risk, through an adaptation of the conditions or the working time of the affected worker. Such measures shall include, if necessary, the non-performance of night work or shift work.

If such an adaptation is not possible or if, despite such adaptation, the working conditions could have a negative impact on the health of the pregnant worker or the foetus, and so be certified and informed in the (a) the term 'occupational risk' is defined in Article 26 (2) of the Law on the Prevention of Occupational Risks, which must be passed on to a different job or function compatible with its state, and the employer must determine, after consultation with the workers ' representatives, the list of posts which are free of risks to these effects and the alternative positions to the same.

The change of position or function will be performed according to the rules and criteria of functional mobility. If, after applying those rules, there is no compatible job or function, the worker may be assigned to a post not corresponding to her group or equivalent category, but shall retain the right to the whole of the remuneration of their place of origin.

If such change of post is not technically and objectively possible, or cannot reasonably be required for justified reasons, the employment contract may be suspended in accordance with the terms of Article 45.1 (d) of the Staff Regulations. of the Workers and entitled to the provision governed by Articles 134 and 135 of the recast of the General Law on Social Security, for the period necessary for the protection of their health or their health and as long as the inability to reenter your previous position or compatible with your status.

The measures provided for in the first three paragraphs will also apply during the breastfeeding period, if the working conditions could have a negative impact on the health of the woman or the child and thus be certified in the terms provided for in Article 26.4 of the Law on the Prevention of Occupational Risks.

TITLE FIFTH

OTHER AS

Article 83. Disability and death insurance.

The companies affected by this Collective Agreement undertake within 90 days of the registration of this Collective Agreement, to constitute an Accident Insurance for the case of invalidity or death for all of their employees affected by this Collective Agreement, securing a capital of 30,000 € per worker.

Risks that occur on occasion or as a result of work will be covered according to the following breakdown:

1. Death.

2. Great Invalidity.

3. Absolute invalidity for any type of activity.

4. Total invalidity that incapacitates you for the exercise of your usual work.

Article 84. Equality plans.

The representations of both trade unions and employers are interested in promoting measures to achieve equal opportunities for men and women at work, in order to contribute to the full development of the rights and capacities of persons. This is an effort aimed at correcting the situations of inequality that may in fact be caused by any cause and in particular by reason of gender. The exit point shall be both the legal order as a whole and the guidelines of clear non-discriminatory character set out in this Convention as positive action measures.

Transitional provisions

First transient disposition.

Denounced the present collective agreement, in time and form, by any of the signatory parties and in the event of exceeding eighteen months since such denunciation without any agreement reached, the signatory parties to the Convention agree to submit to an arbitration of the Interconfederal Mediation and Arbitration Service (S.I.M.A.) those points or issues that are the subject of the denunciation of the General Collective Agreement. The provisions of the arbitration award shall be incorporated into the text of the General Collective Agreement, having the same force as the conventional agreement reached between the parties.

Second transient disposition.

In those collective agreements of lower scope in which, for reasons of the various activities developed by the companies, in addition to the exploitation of car parks, other professional groups and categories have been defined (a) the scope of the vehicle car park activity itself or specific to, and in any event, its updating shall be the subject of specific collective bargaining in the field itself and for such differentiated activities; exclusively.

Final Provisions

Single end disposition.

Those companies that, for economic and financial reasons, cannot cope with the wage increases agreed in collective agreements in the sector, regardless of their scope, must prove objectively and The reasons why the increase in question questions the viability of the company.

In order to be able to receive the discount during the year or year concerned, the companies must communicate their intention not later than one month after the publication of the collective agreement in the Official Gazette. on the Joint Committee of the Convention, as well as on the representation of workers in the undertaking, if it exists.

At the request, the company must accompany the following documentation:

Memory and economic report specific to the last two exercises, where the negative result is appreciated and reflects the negative result.

In companies of more than 50 employees, external audit report on the economic-accounting situation of the company, at least of the last financial year.

The Joint Committees of the Collective Agreements of the sector will have to study how many of their requests are presented to them and to do so they will have the following powers:

The members of the Joint Committee responsible for the study of the application or, where appropriate, the technicians whom it designates must have access to all the legal and economic documentation necessary to analyse and verify the request made and its situation reports.

In the event that the Joint Commission requires registration certificates, reports of sworn censors or any other documentation or expert action related to the request made, its cost will be suffraged by the petitioning company.

The members of the Joint Commission, as well as the technicians who can advise it, are obliged to maintain the maximum reserve and confidentiality in relation to the known information and the data to which they have access as consequence of these procedures.

The Joint Committees shall issue their resolution within a maximum of one month from the date of receipt of the request. In the event of a failure to consider the request for a discount or inapplicability of the wage increase, the undertakings may, within the week following the notification of the Joint Commission's decision, have recourse to an arbitration, as specified in the Article 69 of this General Collective Agreement, which shall, within the maximum period of forty-five days, issue an award.

Both the resolution of the request by the Joint Commissions and the arbitral award may not be the subject of any appeal by the applicant company, and both the judgment and the judgment of the Court of Appeal Arbitration shall be, from its notification, fully executive.