Having regard to the text of the V national collective agreement for the auto-taxi sector (Convention Code No. 9910255), which was signed by the business organizations UNALT and CTE on 10 March 2009. representation of the companies in the sector and of the other by the trade unions FETCM-UGT and FECT-CC.OO. representing the employees and in accordance with the provisions of Article 90 (2) and (3) of the Royal Decree-Law 1/1995 of 24 March, approving the recast text of the Law of the Workers ' Statute, and in Royal Decree 1040/1981, May 22, on the registration and deposit of Collective Work Conventions, this General Directorate of Labor, resolves:

First. -Order the registration of the said Collective Agreement in the corresponding Register of this Steering Center, with notification to the Negotiating Commission.

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

Madrid, April 27, 2009. -Director General of Labor, José Luis Villar Rodríguez.

V NATIONAL COLLECTIVE AGREEMENT FOR THE AUTO-TAXI SECTOR

Article 1. Concerting parties.

The conditions set out in this Collective Agreement have been agreed between the UNALT and CTE Business Organisations and the most representative trade unions at the FETCM-UGT and FCT-CC.OO sectors.

The parties to this Convention have sufficient legitimacy, in accordance with the legal provisions in force to establish the scope of application, obliging all companies and workers to be included, during their period of validity.

Article 2. Functional scope.

This collective agreement shall apply to private undertakings whose activity is the provision of urban and inter-urban transport services of autocab.

Article 3. Personal scope.

This Convention shall affect all workers who, during their lifetime, work under the dependency and for the account of companies engaged in the activity of autobtaxi, with no exceptions other than high management and

Directive of the European Parliament and of the Council on the common position of the Council of the European Communities (OJ L 94, 5.4.1994, p.

Article 4. Territorial scope.

The conditions set out here will govern the employment relationships between the self-taxi entrepreneurs and workers to their service who develop the activity of autobtaxi throughout the national territory.

Article 5. Effective.

The rules of this collective agreement will enter into force from the day following their publication in the Official Gazette of the State, rolling back its economic effects to the day of March 10, 2009, the date of its subscription between the parts. The validity of the Convention is established for a period of two years, i.e. from 1 January 2009 to 31 December 2010.

Your maturity will be extended on your own terms for successive periods of one year provided that you do not mediate a minimum of two months ' notice to the date of its expiration or any of its extensions. The complaint shall be made by written communication to any of the signatory parties.

Article 6. Binding to the entire.

1. Considering that the agreed conditions form an organic and indivisible whole, the parties are obliged to maintain their respective commitments to all the clauses agreed upon. They also state that the conditions agreed in the present Convention form an organic whole and indivisible as to what, in the event that the Labour and/or the social jurisdiction declared void in whole or in part the content of any Article of this collective agreement would be reviewed in its entirety and could not have partial effects.

2. As not provided for in this Convention, the provisions of the Workers ' Statute and other existing legislation will be in place.

Article 7. Compensation.

The agreed conditions are compensable in their entirety with those that previously governed by improved or unilaterally granted by the companies (through improvement of salary and wages, premiums or fixed pluses, premiums and pluses). variables, and prizes or equivalent concepts), legal imperative, jurisprudential, litigation-administrative, collective agreement, covenant of any kind, individual contract, local or regional uses and customs or by any another cause.

Article 8. Absorption.

In view of the nature of the Convention, future legal provisions involving economic variation in all or any of the remuneration concepts, provided that they are determined in cash, will only have practical effectiveness if overall considered, exceed the total level of the Convention.

Article 9. Personal guarantee.

Personal situations that are in excess of the Convention shall be respected in the case of the Convention being strictly "ad personam".

Article 10. Reserve of marketable materials.

The matters referred to in Article 84 of the Workers ' Statute are reserved for state-wide negotiations, and in addition to the Agreement on the Extrachauty Settlement of Labor Conflicts (ASEC) and the National Agreement of Continuing Training (ANFC). The other areas covered by this agreement will be considered to be minimal in terms of being improved in the areas of lower level negotiations. After consultation of the territorial organisations, in the manner deemed appropriate by each of the parties, new subjects of negotiation, reserved to the state level, may be established.

Article 11. Direct efficacy.

The content of this Convention shall be of direct application in the terms specified therein, during its validity and in its scope, in the matters to be determined. In those other content which require insertion or development, the provisions of the collective agreement at the lower level shall be as laid down in the collective agreement, irrespective of the name of the collective agreement which may not be met by the criteria set out in this Convention.

Article 12. Concurrency.

Under the provisions of Article 84 in relation to the 83.2 of the Workers ' Statute, the concurrency of rules with collective agreements at lower level shall be resolved, unless expressly provided for in this Convention, the content of the lower-level Convention shall apply until the end of its natural life at the time of application of this Convention.

Article 13. Professional classification.

Given the characteristics of the sector, a single professional group is created, which can be expanded to meet the needs of the industry.

1. Driver. It is the worker who conducts self-taxis for the transport of passengers, carrying out the activities of an auxiliary and complementary nature, necessary and precise for the proper provision of the assigned service.

By Convention of a lower territorial scope, auxiliary and complementary activities may be agreed upon.

Article 14. Revenue.

The income to the work will be made in accordance with the applicable provisions in this field. Companies in the sector undertake to promote stable employment, applying the principle of causation in recruitment. Temporary procurement shall be limited to those legally provided for and to those developed in this Convention.

Article 15. Test Period

The maximum duration of the probationary period and for the professional group of drivers, to be arranged in writing, shall be four months. Periods of duration of the test period, lower than those set out here, may be established in lower trading areas.

Article 16. Modalities of procurement.

The income of the workers in the companies may be made under the terms of the contract, the legally provided, which is applicable and best meets the needs and the interest of companies and workers.

Any contracts made through temporary work companies will require the approval and approval of any of the signatory unions (UGT-CC.OO.) for their validity.

Article 17. Eventual contracts.

The maximum duration of contracts due to market circumstances, accumulation of tasks or services, even in the case of normal business, will be nine months within a period of 12 months or 12 months in a period of 12 months. 18 months.

At termination, the worker/a shall be entitled to compensation of twenty days per year, in proportion to the period of service delivery.

Article 18. Substantial modification of working conditions.

The management of the company when there are proven technical, organizational and/or economic reasons, may agree to substantial changes in working conditions. They shall be considered to have substantial changes in working conditions, including those affecting the following subjects:

a) Workdays.

b) Horarios.

c) Shift work regime.

d) The remuneration system.

e) Work and performance systems.

Decisions by agreeing to a substantial change in working conditions shall be notified to the worker, in accordance with the terms laid down in the Staff Regulations and the Joint Committee of the Convention, the latter by means of letter submitted by registered mail.

Article 19. Business succession.

The change in ownership of the company will not by itself extinguish the employment relationship, leaving the new employer subrogated in the rights and obligations of the former. Where the change takes place by means of an interliving act, the transferor and, failing that, the transferee is obliged to notify the employees ' representatives of the change, in response to both of them jointly and severally for three years of the obligations job-born workers who had not been satisfied before the transmission.

The transferor, and the transferee shall also be jointly and severally liable for the obligations arising after the transfer, where the transfer was declared a crime.

Article 20. Notice, settlement and finiquito.

Both the employer and the worker must communicate in writing their desire not to renew the contract and/or the voluntary decision to terminate the employment relationship that binds them.

Such communication shall be made with a minimum of fifteen calendar days in advance of the date of termination of the contract, whichever is the duration of the contract.

If this is not the case, each day that is missing, must be discounted and/or paid, as appropriate, from the settlement of proportional parts that accrues and/or pays the worker.

1. The receipt of the employment relationship between the undertaking and the worker must be in accordance with the model set out in Annex I to this Convention, which shall be issued by UNALT, CTE, or the trade unions.

2. Any cessation or cessation notice shall be accompanied by a proposal for a decision in the abovementioned model. When used as a proposal, it will not be necessary to complete the part that appears after the date and place.

3. The receipt of finiquito shall be issued by the employers ' organisation or the undersigned, numbered, stamped and dated trade union organisations and shall be valid only within 15 calendar days following the date on which it was issued.

4. Once signed by the worker, the receipt of finiquito will take up the liberating effects that are his own.

5. In the case of termination of contract by the worker, paragraphs 2 and 3 of this Article shall not apply.

6. The worker may be assisted by a representative of the workers or, failing that, by a trade union representative of the trade unions which are signatories to this Convention, in the act of signing the receipt of the bill.

Article 21. Duration and computation of the day.

The maximum effective working day will be 1,790 hours a year, and in its distribution a 40-hour-weekly computer must be respected, all unless otherwise agreed.

Between the end of a day and the beginning of the next day, at least twelve hours.

The weekly rest will be enjoyed in a way that matches the weekly rest planned for the vehicle by the regulations issued by the local corporations, or community entities where there are vehicle rest shifts.

All workers shall be entitled to a minimum weekly rest period of two consecutive days provided that the administrative rules so permit, otherwise, at least they shall be rested as laid down in the Article 37.1 of the Staff Regulations.

Article 22. Overtime.

It shall be understood as such that, being of effective work, they are carried out on the maximum working day provided for in this collective agreement or in the lower field (exception made from the assumptions of irregular distribution of the working day). Their number may not exceed 40 hours per year.

Extraordinary hours, unless otherwise agreed, will be compensated for breaks so that each hour worked, will be equal to two hours of rest. In the case of cash compensation, they shall be paid in amounts equal to the value of the ordinary hour.

The signatory parties undertake to study the initiatives and implement measures to eradicate the realization of overtime, within six months of the signing of this Convention.

Article 23. Holidays.

The annual vacation will be thirty-one calendar days, and can be fractionable by agreement between company and worker, as provided in the collective agreements of lower scope.

In any case, the workers who request it will enjoy at least 50% of their vacation in the period from June 15 to September 15.

The worker who starts working in the company within the year will enjoy the corresponding share of the holiday.

The remuneration of the holiday period shall be determined by collective agreement of a lower level with respect, in any case, of the rules in force.

Workers who work at the premium or the collection will receive the average of the amount obtained in the last three months prior to their enjoyment.

Article 24. Licenses, permissions, and excess.

The worker, prior notice and subsequent justification, may be absent from work entitled to remuneration, for some of the reasons and for the following time:

a) 18 calendar days in case of marriage.

b) Two days for the birth of a child or for death, accident or serious illness or hospitalization of relatives up to the second degree of consanguinity or affinity. Where, for this reason, the worker needs to move to the effect or in the case of family members or persons living with the worker, the time limit shall be four days. In cases of serious illness and/or hospitalization, the corresponding permit may be enjoyed in a discontinuous manner prior notice to the company. This permit may be divided into half-days at the request of the worker.

c) A natural day by marriage of siblings, children and parents, coincident with the day of the wedding.

d) A natural day by moving from your usual address.

e) For the time indispensable for the fulfilment of an inexcusable duty of a public or personal nature. Where it is established in a legal or conventional rule for a given period, the duration of the absence and the economic compensation shall be available.

When the performance of the duty referred to above involves the impossibility of providing the work due to more than 20 per 100 of the working hours, in a period of three months, the company may pass to the worker/ (a) the situation of surplus regulated in Article 46 (1) of the Staff Regulations. In the event that the worker, due to the performance of the duty or the performance of the charge, receives compensation, the amount of the same of the salary to which he was entitled in the company will be deducted.

f) To perform trade union or personal representation functions, in legal or conventionally established terms.

g) For the time required for the review of the meat of driving and psychotechnical examination.

h) For the time indispensable for the conduct of prenatal tests and preparation techniques to be performed within the working day.

i) For the time indispensable for the accompaniment of children under 8 years of age and persons dependent on healthcare.

j) For the time indispensable for the care of children under 8 years of age with infectious-contagious disease.

k) Up to three days a year for adoption or acceptance procedures. Where it is necessary for them to move abroad, for the necessary time, duly justified.

(l) Workers, who are breastfeeding a child under 12 months of age, will be entitled to an hour of absence from work, which may be divided into two fractions. The woman, by her will, will be able to substitute this right for a reduction of her working day in half an hour for the same purpose. This permit may be enjoyed by either the mother or the father in case both work.

m) 2 days of unjustifiable own affairs.

n) All workers, advising on possible advance notice will be entitled to three days of unpaid leave per year.

Article 25. Holidays.

Work on holidays will be offset by a rest day and a plus of 21.50 euros.

Article 26. Wage guarantee.

Any remuneration formula which, subject to the wage structure laid down in this Convention, is agreed upon in the collective agreements at the lower level, shall be respected in any event the amount of the minimum wage guaranteed in this collective agreement.

Article 27. Effectiveness.

The lower-scope collective agreements, whatever their denomination, will adjust their wage structure to the content of the present rules that will be forced into them.

Article 28. Concept of salary.

All the economic perceptions of the workers, in money or in kind, by the professional provision of the employment services for others, will be considered salary, as well as pay for the effective work, whatever the form of remuneration, or the periods of rest you can use as work. In no case will the salary in kind exceed 30 percent of the worker's wage perceptions.

They will not have the legal consideration of salary the amounts perceived by the worker/the following concepts:

Indemnities or allowances for expenses that would have to be incurred by the worker as a result of his or her work activity, such as allowances (the amount, amount and distribution of which will be agreed in the scope of the agreements) lower), locomotion expenses, currency bankruptcy, displacement expenses, compensation for times invested for taking and leaving services and for the wear and tear or deterioration of the work's own property. Social security benefits and allowances and their improvements.

Compensation for shipments, suspensions or layoffs, displacements and contract extinctions.

Those that are determined by the Law.

Article 29. Wage structure.

In the structure of the remuneration of the employed person, they shall be distinguished:

The base salary.

The add-ons of the same.

Base salary, part of the remuneration of the worker/a, fixed per unit of time or work, established according to his professional classification.

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

Salary add-ons will necessarily be included in some or some of the following modes:

Job position. They shall include those supplements which he/she must receive, where appropriate, by the worker/by reason of the characteristics of the job or the way in which he/she carries out his/her professional activity.

Quality or quantity of work. The worker/a shall receive such supplements if, for reasons of a better quality or a higher amount of work, they are to be joined to an additional system of pay for the extension of the day. They will also have this consideration the amounts perceived in function of the company's situation and/or results.

Of a personal nature. It will be those add-ons that the worker perceives for some kind of personal connection or characteristic.

Article 30. Old-age add-on.

Workers affected by this Convention shall enjoy a personal supplement for seniority whose accrual and amount shall be agreed upon in the lower-scope Conventions.

The following rules apply in the absence of a pact:

As from the date of entry into force of the Fifth Collective Convention, the seniority supplement shall be payable for five years payable at the rate of 10% of the salary of the Convention of application or, failing that, of the At the present time, the minimum wage for interprofessional minimum wage is consolidated, with the allowances for seniority already accrued and acquired up to the date of publication.

Your credit will be paid from the first day of the month following that in which the five-year period is completed.

Article 31. Nocturnal.

Night work will be considered to be performed between twenty-two hours and six hours. Without prejudice to agreements which may be concluded in areas of lower negotiation, the hours worked during the period from 10 p.m. to six in the morning shall have a specific remuneration equivalent to 25 per cent. (a) the salary of an agreement or, failing that, the minimum inter-branch salary, paid by reason and pro rata of the effective number of hours spent in that period.

Article 32. Extraordinary rewards.

There are two extraordinary bonuses, called extraordinary pay of July and extraordinary pay in December with annual accruals to which all workers in the sector will be entitled. The extraordinary rewards shall be 100 per 100 of the base salary of the implementing convention plus the age corresponding to it.

He/the worker who does not carry services one year will become the proportion of the proportion to the time worked, the rewards being computed, for the purposes of his accrual since 1 August of July and from January 1 the December.

It may also be agreed, in areas of lower negotiation, where the system of remuneration is not provided for by incentive or participation in the collection, the establishment of an extraordinary payment of benefits for which the accrual and value shall be set at the relevant trading level.

In the case of the establishment of a remuneration system for the participation in the collection or the joint one shall be understood to be included and compensated for the benefit pay, unless otherwise stated.

By express agreement between the companies and their workers, it will be possible to prorate the perception of all or some of the mentioned pages monthly.

Article 33. Plus services.

Supplements received by suitcases and packages will be for the benefit of the workers who charge them.

Article 34. Currency break.

The amount and conditions of receipt of this allowance shall be set out in the various lower-level collective agreements.

Article 35. Global wage pact.

Without prejudice to the provisions of the previous articles, the lower-level collective agreements, and in the light of the specificities of the sector, will be able to establish global wage pacts for which by a percentage of Participation in the daily gross collection obtained by the worker/with the vehicle by the driver, in accordance with this concept, which was collected according to the current rates included in the supplements, and after deduction of the amount of the value added tax, the whole of the remuneration is compensated for they refer to Articles 23, 25, 28, 29, 30, 31, 32 and 34 of this Agreement, including, therefore, the remuneration of monthly maturity, including public holidays, weekly rest periods or the cessation of the vehicle for failure and other reasons, the extraordinary rewards and holidays, which will be enjoyed in any case. The overall salary pact may also be formalised by a mixed remuneration system comprising a base salary increased by a percentage of profit participation in the terms set out in the previous paragraph. In such cases, the amount of salary supplements and extraordinary bonuses shall be based on the basic salary set out in the respective agreement. In such cases, a minimum monthly collection will be negotiated, the average of which will be obtained by quarterly computation.

shall not be taken into account for the purpose of determining the collection of the minimum guaranteed collection, leaving the days when the vehicle is not in service due to sickness of the driver/driver being excluded from computation; failure of the vehicle or any other non-imputable to the worker.

Article 36. Settlement and form of payment.

The drivers will save for if a copy of the supporting or duplicate part of the daily collection.

Maintaining the custom established in this sector, the companies, receiving the collection, according to the corresponding parts will give to the worker, daily the concepts of salary, incentive and other complements wage, which must be considered such deliveries as for the final liquidation which at the end of each month will be practiced by the company in the official leaves of wages and deducted in the same, the contributions that legally correspond to the worker/a.

Article 37. Impossibility of delivery.

In cases of damage to the vehicle, damage to the vehicle or administrative formalities, the worker who is unable to provide the benefit will receive the salary from the agreement of the application of the age or, where applicable, the salary guaranteed in this collective agreement. Where the detention is presumed to be more than 5 days, the parties shall take the procedure laid down for the suspension of working relations with the Labour Authority.

If the company does not make the vehicle available to the worker for reasons not justified, it will be obliged to pay the worker/base salary, plus an age of 25% of the salary, during the days that the worker is present. circumstance.

The company will express, in both cases, the cause by which the vehicle does not make available to the worker. All this, without prejudice to the corresponding actions, as a consequence of their right to work.

Article 38. Insurance policies.

Companies are forced to hire for their workers, accident insurance. In all cases, the reasons for which the reasons for the accident are to be caused by an accident at work and their amounts shall be as follows:

For absolute permanent disability for all work, 40,000 euros.

In case of death, 33,000 euros. For total permanent invalidity for your usual profession, 30,000 euros.

Such amounts shall be charged by the beneficiaries of the victims or the victims, in accordance with the rules of social security, or by the beneficiary expressly appointed by the insurance holder.

Companies will have three months, starting from the date of publication of the Convention, to adjust the policies contracted to the hedges mentioned in this article.

Article 39. Union rights.

(a) Workers may meet in assembly outside the working hours and at the premises of the undertaking, if the conditions of the same permit, at the request of the representatives of the workers or the trade unions representative of the sector, subject to authorisation by the sector, which shall grant it, except in the cases provided for in the Staff Regulations, where it has been notified in sufficient time (48 hours) and there is no serious impediment.

b) Business union sections are recognized.

c) Companies will allow in all their breadth the tasks of affiliation propaganda and union information, provided that they do not alter the work process under normal circumstances.

(d) By the characteristics of the dispersion of the companies, the trade union hours of the workers ' delegates and/or the members of the works councils may be accumulated in any of the delegates prior to the transfer of the same by part of the delegates who so wish. Likewise, and due to the characteristics of the sector, the hours employed by the legal representatives of the workers, when they are employed in carrying out their trade union work, are set their economic credit in the amount of 6 euros/hour.

When the hours employed by the trade union representatives are employed in organizations related to the taxi sector (representing the sector itself), they will be paid by the business representatives of the sector, signatories to this Convention.

e) Quota: companies are required to discount the union fee for payroll, provided the affected worker requests it in writing.

(f) Companies shall have a bulletin board available to the delegates of the employees or members of the business committee.

Article 40. Joint committee.

Both negotiating parties agree to establish a Joint Commission as an organ of interpretation, reconciliation and monitoring of compliance with this Convention.

the Joint Committee is composed of four representatives of the trade union organizations that have signed the collective agreement and four representatives of the business organizations, who, among them, elect one or two secretaries.

This Commission will be able to use the occasional or permanent services of advisers in all matters within its competence. Such advisers shall be freely appointed by each of the parties.

The joint committee that will be agreed will be central to the entire state. In accordance with the nature of the matters submitted to it, the Joint Committee may delegate decentralised joint committees at the regional or regional level.

However, when the issues to be dealt with in the interpretation and concurrence of the agreement with lower-level agreements or covenants, the central joint committee shall only be competent.

They will proceed to convene the Joint Commission, interchangeably, any of the parts that integrate it.

Over the course of the six months following the entry into force of this collective agreement, and in accordance with the requirements regarding difficulties and the calendar of action that the diverse territorial structure of our sector shall be the decentralised Commissions referred to in the previous Article, which shall be applicable in order to its operation as provided for in the preceding paragraphs.

It is fixed as the address of the Joint Commission of the Convention of the UNALT, located at 28010 Madrid, Santa Engració street, 84-3

Article 41. Functions.

The following are specific functions of the Mixed Commission:

1. Interpretation of the Convention and the exclusive solution of concurrency problems with lower-level rules or conventions.

2. At the request of the parties, it shall mediate, reconcile or arbitrate in the treatment and settlement of any collective issues and conflicts that may arise within the scope of this collective agreement.

The Joint Committee shall only refer to the consultations which, on the interpretation of the Convention, mediation, conciliation and arbitration, individual or collective, are submitted to it through one of the organizations signers.

3. Monitoring the collective compliance of the agreed upon.

4. To understand, in a prior and compulsory manner, the administrative and judicial route on the interpretation of collective conflicts arising in the companies affected by this Convention by the application or interpretation thereof.

5. The Joint Commission may be provided with regular reports by the signatory parties to this Convention or by other parties which may accede to the following National Autocab Transport Convention:

5.1 Analysis of the economic-social situation with specification of the subjects relating to employment policy and market, vocational training, investment, technological conversion, external market, level of productivity, competitiveness and profitability of the sector.

5.2 Report on the degree of application of the Collective Agreement, difficulties encountered at the company level and proposal to overcome them. It shall be drawn up by the members of the Commission on an annual basis.

5.3 Analysis of the evolution of employment on a quarterly basis in the different provinces affected by the agreement, being able to attend the meetings representatives of the affected provinces.

6. To develop in the scope of the convention the system and procedures for resolving conflicts in accordance with the contents agreed in the corresponding section and to make the necessary steps before the Administration, in order to obtain aid to allow for greater de-judicialisation of collective disputes.

7. Appointment of a working group, within the same Commission, to carry out the study of the issues relating to occupational diseases and to Safety and Hygiene, from the moment of entry into force of the Law that regulates them.

8. The National Joint Committee shall ensure that the provisions of this Convention on employment are complied with, making the progress of recruitment known annually.

Article 42. Disciplinary regime.

Workers may be sanctioned by the Company's Directorate, under labor defaults, in accordance with the graduation of faults and penalties set forth below. The penalty of serious and very serious misconduct will require written communication to the worker, stating the date and the facts that motivate it. The penalty for serious and very serious misconduct shall also be communicated to the legal representative of the working persons, if any.

a) The following are minor faults:

1. The incorrectness with the public and peers.

2. Neglect or neglect of work compliance.

3. Failure to communicate, in good time, the lack of support for work with justified cause, unless it proves the impossibility of doing so.

4. Lack of assistance to work, without justified cause, of one day in a month.

5. Repeated faults of punctuality, without justified cause, of three days in a month.

6. The uneasiness or improper use of clothing to the municipal regulations of application, at work.

b) The following are serious faults:

1. Disobedience at work or disrespect to peers or superiors.

2. The misuse of the vehicles, material and documents of the services, which produces or may cause deterioration or injury.

3. Failure to comply with the rules, orders or instructions of the superiors, in relation to the specific obligations in the workplace and the negligence resulting from or may result in serious injury or non-compliance or the refusal of a determined service.

4. Failure to comply with the orders or instructions or abandonment of the measures taken in the field of occupational health, where health risks and physical or mental health risks may arise.

5. Lack of assistance to work, without justification, for three days in a month.

6. The abandonment of work without justified cause.

7. The simulation of sickness or accident at work or not, after reporting by the competent authority.

8. The recidivism in minor faults, in number of three, even if they are of different nature, within a month, when they have mediated penalties for the same.

c) The following are very serious faults:

1. Fraud, disloyalty and breach of trust in the services entrusted.

2. The exercise of professional, public or private activities during the working day and/or use of the company's own elements.

3. The lack of non-justified assistance to work more than three days in a month.

4. Non-justified punctuality faults for ten days or more in one month, or for twenty days in a semester.

5. The recurrence of serious misconduct, two of the same nature and three of a different nature, when they have mediated sanctions for them, in the period of one year.

6. The consumption of alcohol exceeding the maximum established for driving and the suspension of the corresponding driving licence for the driving of taxis.

7. Penalties with a firm judicial sentence, as a result of offences or offences for the possession, trafficking and/or consumption of narcotic drugs during the driving of the vehicle self-taxi.

8. The penalty to the driver of the taxi for a firm court judgment, as a result of offences committed against the occupants of the vehicle.

Sanctions:

a) For minor faults: Amonstation in writing.

b) For serious faults: Amonstation in writing. Suspension of employment and salary of two to ten days.

c) For very serious faults: Amonstation in writing. Suspension of employment and pay of 10 to 40 and five days, without prejudice to the application of the penalties provided for in the Staff Regulations for non-compliance with work of a very serious nature.

Prescribing the violations and faults.

With regard to the workers, the minor faults will be prescribed at 10 days, the serious ones at twenty days and the very serious ones at sixty days from the date on which the company became aware of its commission and in any case the six months of the mission.

Voluntary conflict resolution procedures

Article 43.

The signatories, in compliance with the provisions of Articles 3.3 of the agreement on out-of-court settlement of labour disputes and the Regulation which develops it and on the basis of the provisions of Article 92.1 of the recast text of the Law of the Workers ' Statute, agree to join in its entirety and without any conditioning to the Third Agreement on the Extrachaucial Solution of Labor Conflicts, published in the Official Gazette of the State of 29 January 2005, as well as its implementing regulation, which links the whole of the companies and the whole of the workers from the self-taxi sector.

For conflicts occurring in lower territorial areas that have their own agreement and in relation to it, the systems of out-of-court settlement of conflicts that exist in each of the Autonomous Communities in question.

Salary Slip

Article 44.

In those undertakings affected by this Convention in which there have been losses in the last two accounting years or employment adjustment files, the minimum wage shall not be necessary or required. established in this Convention, having regard to the procedure laid down in this clause.

Companies that are in such circumstances must communicate by means of an effective and acknowledgement of receipt the request for a written salary disservice, within the maximum period of one month following the date of publication in the The Official Journal of the State of the relevant collective agreement, the Joint Joint Committee, the representation of both unitary and union workers, and in the case of no legal representation of the workers, directly to the latter and to the trade unions that have signed this Convention.

If the time limit set is not made by the requesting company the communication of its intention to dishang, it will lose all the right to use it.

The communications indicated shall be accompanied, where appropriate, by a copy of the accounts deposited in the Commercial Registry duly audited if legally required, referring to the exercises in which they were produced. losses in addition to the additional documentation deemed appropriate.

In the case of natural persons who are not required to deposit the annual accounts in the Commercial Registry, they must accompany the application to neglect the books of must-keeping accounts according to the Code of Trade and documentation of complementary nature consider necessary to accredit the causes of the neglect.

The documentation referred to above shall be sent to the address of the Joint Joint Committee established under this Agreement.

The Joint Joint Committee shall, within a maximum of 30 days, issue a report based on the undertaking's salary disservice application, in which the vote shall be taken on the basis of each of the employer and social representations.

If the report is favorable, the company will apply the discount.

If the report is unfavourable or is not allowed to be neglected by a quorum, the company, without prejudice to any other initiatives it may take, may challenge the decision of the Joint Committee in the jurisdiction of the Court of social competent by way of collective conflict.

In the case of companies with job centres affected by different collective agreements with a territorial scope below the present, the knowledge and treatment of the same will be the responsibility of the Joint Commission. national, where the salary neglect affects several work centres subject to different collective agreements at a lower level.

Article 45.

The lower-level collective agreements will insert a discount clause from the tenor of the present, referring to the wage increases there agreed, regardless of the direct application of the rules agreed upon in the Present Agreement.

Article 46.

The parties state that, at the bottom of the provisions of this provision, the intention is to preserve the level of employment of the undertakings and the viability of the undertakings, without prejudice to specific circumstances. which may be present in each of them.

Job Health

Article 47. Safety and occupational health.

The parties to this collective agreement consider it essential to develop a health and safety policy through the prevention of risks arising from work, in compliance with the Law on Prevention and the Royal Decrees which develop the Law and affect the taxi sector.

Health, improved working conditions and the elimination or reduction of accidents is a priority objective of business policy.

Article 48. Prevention services.

The constitution of Mancomunados Prevention Services will be promoted to which all the owners of the license who have hired a worker will adhere.

Article 49.

Throughout the duration of the Convention, the Joint Commission will study and propose the adoption of the appropriate measures to implement the criteria contained in the document signed by them on early retirement and occupational diseases in the road sector, incorporated as an annex to this Convention, exclusively referred to workers subject to a common employment relationship. To this end, before the end of the last year of the Convention, the Joint Committee shall draw up a document setting out specific measures to facilitate early retirement, as well as proposals for its financing.

Article 50. Early partial retirement.

Workers who comply with the requirements set out in Article 12.6 of the Workers ' Statute may apply to businesses for early partial retirement.

Your concession will be mandatory as long as the worker who is applying for partial retirement agrees to make the residual day on the dates, periods, and schedule that the company freely determines.

Article 51.

The parties undertake to apply in the sector the provisions of Law 31/1995, of the Prevention of Labor Risks, of 8 November.

In this sense, the employer will guarantee to the workers at their service the periodic monitoring of their health status, through a medical recognition of voluntary character for the worker, to be carried out in the first semester of each year.

Continuing vocational training

Item 52.

During the first year of this collective agreement, the Joint Commission will implement the implementation in its functional scope of the National Continuing Training Agreement of the employed workers.

Article 53. Minimum guaranteed salary.

By this convention, the minimum wage guaranteed for the year 2009 and 2010 is assigned to the workers in full time, reflected in this article of the agreement, the amounts of which will determine for each year the basis of Social Security contribution.

The guaranteed minimum wage, which is fixed for the year 2009, shall be applicable only for the purposes of remuneration and contribution for the period between the date of economic effects of the agreement and 31 December 2009.

The guaranteed minimum wage will be composed of all the remuneration concepts to be paid by the workers in each company on a full-time basis, referred to in Articles 23, 25, 28, 29, 30, 31, 32 and 34 (for the assumption that the remuneration arrangements are applied in the same provision).

The difference between the sum of these concepts and the remaining one to the guaranteed minimum wage will be entered in the official salary receipt as a guaranteed minimum wage supplement.

This supplement will be compensable and absorbable in its amount, for any salary increase that occurs during the term of the agreement, and in no case will serve as a module for the calculation of the salary supplements (seniority, nocturnity, etc.) which shall be based on the amount of the salary of the contract or the minimum inter-professional salary, if any.

The amount of the minimum guaranteed salary for the year 2009 is fixed at 10,870,45 gross euro.

The amount of the minimum guaranteed salary for the year 2010 is fixed at 11.305.27 gross euro.

Article 54. Equality.

In the companies of more than 250 workers, the equality plans provided for in the Organic Law 3/2007 of 22 March will be negotiated. equal treatment and equal opportunities for men and women in the field of work.

Article 55. Reconciliation of working life.

It will be as set forth in the existing regulations and laws in this field.

Transitional disposition.

The economic concepts of this agreement, will be reviewed annually with the increase of the actual CPI of the previous year plus 2 points, in the cases of extension due to lack of denunciation in time and form.

Additional disposition first.

Both parties undertake, during the duration of this Convention, to carry out a study on the perception (duration, amount, form ...) of one hundred per cent of the minimum wage guaranteed for all workers to remain in temporary disability status. The conclusions of this study will be taken into account as an interpretation of the Joint Committee on this subject, for which a meeting of the Joint Committee will be held and the relevant interpretation will be set out in the minutes.

ANNEX I

Job Relationship Finiaway Receipt Model

Number ........................................................

Date of issue ....................................

Receipt of Finiquito

Don ...................................................................................................................., which has worked in the company from ............................................................. to ......................................................................... with the category of ..................................................., I declare that I have received from this, the amount of ................................... euros, in concept of total liquidation by my company.

It was thus compensated and liquidated by all the concepts that could derive from the labor relationship that joined the parties and is extinguished, expressly stating that nothing else I have to claim, being in agreement on it with the company.

On ........................................ to ............ from .................................................. from ............

The worker,

The worker (1) uses his or her right to be signed by a legal representative of his or her company, or, failing that, a union representative of the trade unions that are signatories to this agreement.

(1) Yes or no.

This document has a validity of fifteen calendar days, from the date of your expedition.

Issued by ....................................................................................

Label and Signature

This receipt will not be valid without the stamp and signature of the corresponding business and union organization or if it is formalized in photocopy and other means of reproduction.