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Resolution Of April 6, 2009, Of The General Directorate Of Labour, Which Is Recorded And Published The Collective Agreement Framework For Financial Credit Establishments.

Original Language Title: Resolución de 6 de abril de 2009, de la Dirección General de Trabajo, por la que se registra y publica el Convenio colectivo marco para los establecimientos financieros de crédito.

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TEXT

Having regard to the text of the Framework Collective Agreement for credit financial institutions (Convention Code No. 9901945), which was signed on 11 March 2009, on the one hand, by the National Association of Establishments Financial Credit (ASNEF), the Spanish Factoring Association (AEF) and the Spanish Leasing Association (AEL), representing companies in the sector, and another, by the Federation of Financial and Administrative Services of CC.OO. (COMFIA-CC.OO) and the State Federation of UGT Services (FES-UGT), representing the employees of the same, and in accordance with the provisions of Article 90 (2) and (3) of the Royal Decree of Law 1/1995 of 24 March 1995, the recast text of the Law of the Workers ' Statute is approved, and in Royal Decree 1040/1981, of 22 May, on the registration and deposit of Collective Labour Conventions,

This Work General Address 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 6, 2009. -Director General of Labor, José Luis Villar Rodríguez.

FRAMEWORK COLLECTIVE AGREEMENT FOR CREDIT FINANCIAL INSTITUTIONS

CHAPTER I

General provisions

Article 1. Functional, personal and territorial scope.

1. This framework collective agreement affects all credit institutions, without prejudice to the application of the provisions of Articles 84 and 86 (3) of the Staff Regulations for entities having collective agreements. In force to the signature of this convention.

It will also affect the entities or companies that, being members of ASNEF (National Association of Financial Institutions of Credit), of AEL (Spanish Leasing Association) or of AEF (Spanish Association of Factoring), its (a) the main activity consists of the entities referred to in the preceding paragraph, distinguishing themselves from the banking activity in so far as they do not engage in the acquisition of liabilities by means of current accounts or savings books; In view of the fact that it is possible to adopt the legislation in force, bank. Without prejudice to the foregoing, the banks, savings banks and credit unions that do not meet the conditions referred to above shall be excluded from the scope of this agreement.

2. It also concerns all persons who provide their services to the above mentioned undertakings. The persons referred to in Article 2 (1) (a) of the Staff Regulations or provisions of the Staff Regulations shall be exempt.

3. This Convention shall apply throughout the territory of the Spanish State.

Article 2 Temporary Scope.

This Convention shall enter into force on 1 January 2009 and shall expire on 31 December 2010.

Article 3. Substitution and remission.

1. This collective agreement replaces in all the matters governed by it all the provisions of previous collective agreements and the Work Ordinance of Offices and Dispatches.

2. In all the matters not covered by this collective agreement, the provisions of the Staff Regulations and, in general, the legislation of higher rank in force at any time, the former being expressly repealed collective agreements and replace the aforementioned Labour Ordinance.

Article 4. Enforcement of the convention and binding to the whole.

1. The conditions agreed upon in this Convention form an organic, unitary and indivisible whole, and shall be considered globally and in annual computation.

2. Pursuant to Article 83.2 of the Staff Regulations, the signatory parties agree that the matters referred to below may not be the subject of negotiation in the lower areas, except for agreements concluded with prior to signing this collective agreement:

(a) Professional classification, except as provided for in the penultimate paragraph of Article 7.

b) Promotion and promotions.

c) Disciplinary regime.

(d) Wage tables and salary amounts, as the structure and amounts provided for in this collective agreement shall be minimal and shall be respected in any event, except as provided for in the provision Additional sixth.

Article 5. More beneficial conditions. Compensation and absorption.

1. The conditions agreed in the present collective agreement, estimated as a whole and on an annual and global basis, are compensable or absorbable with those that will be used in the company.

Wage perceptions actually earned or perceived by each worker will be able to compensate and absorb any other income that may correspond to them by way of legal, regulatory or conventional law. in force at any time.

2. The conditions agreed in the present collective agreement, estimated as a whole, are laid down as a minimum, and therefore the agreements, clauses and situations currently in place in companies which involve more beneficial conditions remain subsist.

3. In the economic order, and for the application of the agreement to each specific case, it will be agreed upon in it, with abstraction of the previous concepts, amount and regulation.

Article 6. Complaint.

This Collective Agreement shall be deemed to have been automatically denounced for review on 30 September 2010, unless otherwise agreed by the signatory parties, which shall, explicitly, decide on its continuation or resolution.

CHAPTER II

From Staff

Article 7. Classification of staff.

1. For the purposes of this Convention, a system of professional classification means the legal arrangement whereby, on a technical and organisational basis, the inclusion of workers in a general framework laid down by the various work tasks for areas of responsibility in the companies affected by this agreement. Such legal order is translated into the delimitation of the different knowledge, criteria, tasks and functions in which the provision is structured, while serving both the economic performance and the other effects of the contract. job.

2. The aim of the present system of professional classification is to facilitate the management of human resources in enterprises, as well as the professional development of workers, in the light of the fact that positive correspondence.

3. Employees of undertakings falling within the scope of this Convention shall be classified in accordance with the professional activities and responsibilities and the rules laid down in this system of professional classification, with the arrangement to which those must be defined.

4. In general, the worker shall develop the work of his or her professional group, as well as additional tasks and/or auxiliary tasks which integrate the entire process of which they are a part.

5. Where it is normally performed and within the conditions laid down in this Convention, the functions of two or more professional groups themselves, the classification shall be carried out in accordance with the most relevant functions to which, within the framework of its activity, is spent more time, without prejudice to the provisions of paragraph 4 above.

6. The employment contract shall be agreed between the worker and the employer in respect of the content of the work provided for in the contract and his correspondence with the present system of professional classification.

7. The system of professional classification requires the full collaboration of active policies of formation and dynamic processes in the promotion, which will entail a greater amplitude in the professional expectations. All this with the aim of consolidating and increasing the professionalization and development of the human factor in the companies of the sector, in the interest of a permanent improvement of the internal quality and the delivery of the service.

8. The staff affected by this collective agreement shall be composed of the following professional groups:

Group I: Address and Head.

Group II: Mands and Specialist Technicians.

Group III: Technical and Administrative.

Each of these professional groups is in turn divided into A-to-C level of responsibility.

The classification of professional groups or levels referred to in this article is merely enunciative, without it being the obligation to have all the scales provided, and if necessary, to create new ones with assignment (a) certain functions, provided that they are not identified with the positions and definitions provided for in this Convention.

The questions, differences or complaints regarding the correct classification or professional integration in this new system of management, must be submitted to the Joint Commission, without prejudice to other actions that correspond to the interested parties.

Article 8. Definition of professional groups.

The definition of each professional group is as follows:

Group I: Address and Head.

With broad guidelines, they assume global goals in the field of their business, and take responsibility for them.

Transform these global goals into concrete team objectives, thus creating the general rules needed to achieve the proposed goals.

It is the main feature of workers belonging to this group their ability to plan, organize, and lead.

The workers included in this group need the highest degree of autonomy over the scope of work that has been entrusted to them.

Such a performance translates into the realization of tasks related to research, study, analysis, advice, planning, evaluation and forecasting or other of the same nature, or of organization and control of the processes work to be carried out and, where appropriate, the workers to be carried out, as well as their motivation, integration and training.

The workers included within this professional group need theoretical and practical knowledge acquired through the formation of the highest level and/or from a long experience.

Group II: Mands and Specialist Technicians.

With broad guidelines, they take concrete team goals and take responsibility for them.

Transform the concrete objectives of equipment into individual tasks, with the creation of rules and procedures for these tasks, in line with the general rules and procedures of your team, controlling and coordinating, in a way next, the activities and results of a work team.

It is the main characteristic of workers belonging to this group their ability to organize and coordinate.

The workers included in this group need a large degree of autonomy in the team entrusted to them, as well as to proceed with the resolution of technical or practical problems of their field of action. They should follow these rules, guidelines or routine procedures for the use of the Company.

The workers included within this professional group need knowledge, not purely theoretical, acquired through experience in the work and/or extensive training process.

This group includes those workers who are entrusted with tasks in very complex administrative and/or technical processes, requiring highly specialized skills and/or complex learning processes.

Group III: Technical and Administrative.

With specific guidelines, they develop the tasks assigned to you and take responsibility for them. Following established procedures, they seek the right solution to each situation. Where the situation is unusual, they shall have recourse to the responsible command.

It is the main characteristic of the workers belonging to this group, their dedication and specialization in concrete tasks.

The workers included in this group need some degree of autonomy in the development of the tasks of their business.

The workers included in this group need adequate general knowledge, as well as precise instructions on the performance of the tasks entrusted to them.

Within this group will also be all that worker whose main task is executed with high degrees of dependence and whose tasks consist of basic, simple, repetitive, mechanical or automatic instrumental operations, supporting or complementary, or requiring knowledge, skill and skill in the use of simple equipment or machines.

Article 9. Definition of professional levels.

1. The definition of the professional levels is as follows:

Level C: Employees assigned at this level will perform the least complexity tasks within their Professional Group. You will need regular monitoring and coordination by the team manager.

Level B: Employees assigned to this level will perform with autonomy the tasks of moderate complexity and/or responsibility within their Professional Group. You will need occasional monitoring and coordination by the team manager.

Level A: Employees assigned at this level will undertake the most complex and/or responsible tasks within their Professional Group. The degree of understanding of their tasks enables them to guide them according to their objectives. You will need occasional coordination from the team manager.

2. Those employees who within the Company are taken over by the Company, and as long as the powers are in force and effectively make use of such a proxy for the development of their functions, will be equated with the level immediately. above, if any, within your professional group.

Article 10. Income and probationary period.

The admission of staff shall be subject to the legally arranged placement, considering provisional during a probationary period, which may not exceed that indicated on the following scale:

a) Staff entitled: Six months.

b) Rest of staff: Two months.

During this period, both the company and the employee may, respectively, proceed to the termination of the contract or withdraw from the test, without prior notice and without any of the parties being entitled to compensation. In any event, the worker shall receive the remuneration for the work carried out during the probationary period. After the trial period, the admission shall be formalised, with the employee, for the purpose of seniority and periodic increases, the time spent in the said period.

It is possible for companies to give up this period in admission and also reduce the maximum duration that for the same one is pointed out in their case.

Any income shall be deemed to be a probationary period, the computation of which shall be suspended in the event of the suspension of the contract for any of the reasons provided for in Article 45 of the Workers ' Statute or provision which replace.

Article 11. Promotion and promotions.

1. The staff of Group III, level C, with six years of age at this professional level will be able to ascend to Group III, level B; likewise, those of Group III, level B, with six years of seniority at this professional level, will be able to ascend to Group III, Level A, where both cases are necessary to provide evidence of the assistance and improvement of training courses which are inherent in the appropriate knowledge for access to the new professional level. It shall be counted as assistance and improvement of a course, in those cases where the company makes it impossible to attend the course or the course does not occur, in which case the ascent will occur in order to the seniority referred to above. It shall be the responsibility of the Joint Commission to determine the suitability of the courses, the results of the evaluations or the impossibility of attendance or lack of courses, in terms of the requirements for the promotion regulated in this Article.

2. The staff assigned to Group III, levels C and B, who have not been promoted by virtue of the application of the provisions of previous collective agreements, will, up to 1995, account for half of their age in their current professional category. effects of the calculation of the six-year-old period as provided for in the preceding paragraph, so that every two years of actual age in the category shall be counted as one for the purposes of crediting the requirement referred to above.

The rest of the staff will start to compute the necessary six years of seniority at the corresponding professional level from the year 1995 or from their entry into the company.

Article 12. Retirement.

In order to stimulate the recruitment of new workers, it is agreed that the mandatory retirement age will be that of 65 years, if on the corresponding date the employee would have completed the periods of insurance right to the Retirement Pension in its contributory mode. Otherwise, the retirement will take effect on the date they are completed.

CHAPTER III

Pay Policy

Article 13. Salary tables

The minimum guaranteed wages, payable on an annual gross basis per day of work, for each of the levels set out in this agreement are, for the year 2009, the following:

Groups

Levels
-
Euros

I. Address and Head.

A: 29,340.60
B: 28.510.19
C: 26.933.57

II. Specialized Command and Technicians.

A: 25.544.88
B: 24.156.16
C: 22.449.57

III. Technicians and Administrators.

A: 18.957.69
B: 16.698.78
C: 14.077.91

The individual conditions that could be enjoyed as a more beneficial condition in relation to the integration of the former professional categories into the new groups and levels set out in this Collective Agreement strictly respect "ad personam".

Article 14. Age.

The seniority supplement for all workers affected by this Collective Agreement shall consist of trienes.

Trienes will be computed on the basis of the time served in the company, starting to become an accrual from January 1 of the year in which the triennium is fulfilled.

The bonus for years of age is an integral part of the salary, being computed for the payment of overtime.

Each of the three-year periods to be collected on an annual basis, that is, distributed in the number of pages that the company makes effective over a year, will be paid according to the following table:

Groups

Levels
-
Euros

I. Address and command.

A: 681.94

B: 681.94

C: 670.52

II. Specialized controls and technicians.

A: 635.16

B: 599.80

C: 558.23

III. Technical and administrative.

A: 489.72

B: 431.35

C: 371.41

Article 15. Extraordinary pagas.

The companies affected by this collective agreement shall distribute the annual gross salaries fixed in the number of annual accounts agreed with the legal representation of the employees, if any, or with the interested.

In default, annual salaries will be distributed in fourteen monthly payments, twelve of which coincide with the calendar months of the year and two extraordinary months of the first and second half of the year, which will be paid in the months of the year. June and December and each of them will be written in their respective semester.

CHAPTER IV

Day

Article 16. Workday.

1. For any worker affected by this collective agreement, regardless of their professional level, the maximum total working hours for the years 2009 and 2010 shall be 1,718 hours per year on a yearly basis.

2. The day will be distributed according to the working days available in the annual calendar, with the possibility of working on a Sunday or a holiday and on a shift.

3. These days will be respected in companies that, by computing each year, involve more beneficial conditions.

4. The working day will be distributed by reference to the working time currently in force agreed in each of the companies affected by this collective agreement. In order to amend the timetable, negotiations must be made with the legal representation of the employees or, failing this, the Joint Committee provided for in this collective agreement will be submitted to the Commission. In the event of a change in time, the basis for which 70% of the working day is to be carried out before 15:00 hours, except in the case of shifts or in contracts which are held in particular for the evening or evening work, shall be based on the distribution of the day is different, in which case it will be split from this different distribution.

5. The reduction of working hours carried out in accordance with the last collective agreements will preferably be verified, depending on the needs of the service and according to professional groups of employees or percentages of staff, in the days of Christmas Eve, New Year's Eve, bridges between holidays or days immediately before or after holidays or holidays.

Article 17. Holiday compensation.

When for service reasons employees are required to work on a holiday, the hours actually worked on that day shall be remunerated for an amount equal to 150% of the value of the Convention time. If the work in public holiday is not indicated within its usual (planned or agreed) working time distribution, it shall also be compensated by free hours in equal amounts to those actually carried out.

Article 18. Overtime.

1. In order to promote the creation of employment, the parties agree to reduce the number of overtime hours to the minimum necessary according to the following criteria:

a) Regular overtime: deletion.

b) Extraordinary hours that are required by the need to repair claims or other extraordinary and urgent damages: realization.

(c) Extraordinary hours required for periods of non-foreseeable production, unforeseen absences, shift change and other circumstances of an analogous nature arising from the nature of the activity concerned: maintenance, provided that the use of the various forms of temporary or partial procurement provided for by the Law does not exist.

2. The number of overtime hours per employee shall not exceed 80 per year, except those worked to prevent or repair claims or other extraordinary and urgent damages.

3. The provision of overtime shall be voluntary and without any personal discrimination, being carried out in a proportional manner by the personnel who request it.

4. The Company's Directorate shall report, in writing and on a monthly basis, to the Business Committee or to the Staff Delegates, on the number of overtime and, where applicable, the distribution by departments.

5. Overtime shall be quoted on the basis of their motivation and the necessary of those other derived from force majeure.

6. Also in relation to the objective of stimulating job creation through the reduction of overtime, the parties have agreed on the importance of strict compliance with Article 35 of the Workers ' Statute. Failure to comply with this Article shall be considered as serious misconduct within the meaning of Article 57 of the Staff Regulations.

7. For the determination of the value of the extraordinary hour, a value shall be set for the ordinary hour, obtained by calculating, as a dividend, the annual salary provided for each professional level in Article 13 of this collective agreement plus the length of service to be carried out in accordance with the tables in Article 14 of this collective agreement and, as a divider, the annual working day. An increase of 35% will be applied to the value thus established.

8. By mutual agreement between the undertaking and the worker, the performance of overtime may be compensated for by an equivalent period of rest.

In such a case, there shall be agreement between the parties on overtime to be compensated for time off, as well as the hours or dates on which it will be applied, with the sole limitation that its accumulation may only be performed monthly.

Article 19. Holidays.

1. All staff, without exception, shall be entitled to a period of holidays, in annual accounts, of 25 working days, considering these effects as non-working on Saturdays and holidays.

2. The holidays will be granted according to the needs of the work, trying to please the staff as to the time of enjoyment, giving preference to the older one.

3. Staff will be able to leave on holiday for three periods. In any event, the third period shall be subject to the agreement between the undertaking and the worker. Workers who enjoy their holidays in several periods will have no preference to choose the second, until the rest of the affected staff have chosen their first period. Likewise, it will occur with the third in relation to the second.

4. The holiday tables, established in accordance with the contents of the preceding paragraphs, where the period or periods of enjoyment of the workers ' holidays are specified, must be made public and made public for all interested before March 30 each year.

5. Where the employee ceases to provide services within the undertaking before he has enjoyed his holiday, he shall receive the remuneration of the days in which he was paid in proportion. Except in such cases, holidays may not be replaced by the payment of equivalent wages.

6. The employer may exclude, as a holiday period, that which coincides with the company's increased seasonal production activity, after consultation with the legal representatives of the employees.

7. If during the enjoyment of the holiday the employee is in clinical detention, with or without surgical intervention or serious illness justified to the satisfaction of the undertaking and notified to the undertaking within 24 hours, shall not be taken into account holiday effects the days of such detention or illness. In this case, the days of holiday pending will be enjoyed on the dates you agree with company and worker.

8. When the holiday period fixed in the business calendar of the company coincides with breastfeeding, with an IT arising from pregnancy or childbirth or with maternity leave, the worker will have the right to enjoy the holidays on a date other than that of the IT, or of the enjoyment of the maternity leave, or permission deriving from the application of the corresponding legal precepts at the end of the period of suspension.

Article 20. Unpaid leave and licenses.

Workers who take at least one year in the company will be entitled to apply for unpaid leave up to a maximum of 15 days a year and must be granted to the company, unless it is not feasible by notary and justified service needs.

Staff carrying a minimum of five years ' service may, in the case of justified need, ask for licences without a salary for a period of not less than one month and no more than six. This licence may not be requested more than once in the course of three years.

In addition to the above permits, workers with an seniority in the company equal to or greater than one year may annually enjoy an unpaid leave of up to one month in the following cases. special:

1. The care of a child under the age of 6 or of an ascending person, living with the worker, does not carry out any paid activity and suffers from a severe degree of dependency, in the event that such children or relatives start an acute illness severe or require hospitalization.

2. Submit to assisted reproduction techniques.

3. The move abroad to carry out the formalities of an international adoption.

In addition, in exceptional cases, for reasons of family order, the extension of the said month of leave may be considered up to 3 months for the death of the spouse or serious illness of children requiring hospitalization.

Article 21. Breastfeeding permit.

Women workers who are entitled to the absence or reduction of work in the terms set out in Article 37.4 of the Staff Regulations may replace this right with a period of paid leave of absence. 14 calendar days, which shall be immediately and continuously enjoyed following the end of the period of maternity leave provided for in Article 45.1 (d) of the Staff Regulations.

Article 22. Day reductions.

In the cases of birth of premature children or who, for any reason, have to continue to be hospitalized after the father or the mother, they will be entitled to leave the job for one hour a day. They will also have the right to reduce their working hours to a maximum of two hours, with a proportional reduction in the salary. If the two parents work in the same company only one of them can exercise these rights.

Article 23. Maternity leave in the event of the death of the mother or child.

In the event of the death of the mother, regardless of whether or not she will perform any work, the parent may make use of the entire or, if applicable, the portion of the suspension period, counting from the date of the stay. (i) the part which the mother would have been able to enjoy before the birth of the birth.

In the case of the child's death, the suspension period will not be reduced, unless, once the 6 weeks of compulsory rest are completed, the mother will ask to join her job.

CHAPTER V

Multiple Provisions

Article 24. Shipments.

I) Causes and conditions.

1. -In the event of vacancies in the branches of the company, they will have a preference for the transfer, first of all, the employee who so requests to meet their spouse and, secondly, the oldest in the request.

2. For service needs.

(a) The transfer of workers shall require the existence of technical, economic, organisational or production reasons which justify it, or contracts relating to business activity.

(b) The transfer decision shall be notified by the employer to the worker, as well as to his legal representatives, at least 30 days before the date of their effectiveness.

c) Notified the decision of the transfer, the worker will have the right to choose between the shipment, perceiving a compensation for expenses, or the extinction of his contract, perceiving a compensation of 20 days of salary per year of service, prorating for months the periods of time less than the year and with a maximum of 12 monthly allowances.

(d) Only workers with an age of less than ten years and for one time, except for the collective movement of the work centre or closure of the work centre, may be transferred.

II) The compensation to be paid for the service needs shall comprise:

Locomotion of the person concerned and of the family members living with him.

Transport of furniture, clothes and goods.

Cash compensation equivalent to two months of actual salary.

The approximate amount of the above expenses will be paid in advance when the data subject claims it.

In either case, the time limit for reinstatement to the new job will be no less than 30 days from your written notification to the worker.

Article 25. Pairs in fact.

It is agreed that the rights of the marriage regime should be fully equated to that of the couples in fact, provided that the existence of such a condition is duly accredited, being the appropriate and necessary means for this. certification of the corresponding Register of Couples.

Article 26. Life insurance.

Companies pledge to subscribe to life insurance in favor of each of their workers for the following insured capital:

a) 14,000.00 euros for death.

(b) EUR 14,000,00 for total and permanent incapacity for work.

(c) EUR 14,000.00 in case of absolute and permanent invalidity.

Total permanent invalidity and permanent permanent invalidity guarantees shall in any event cease at the end of the annuity of the insurance and within which the insured person shall comply with the age of sixty-five years.

The liability of the companies will be limited, solely and exclusively, to the subscription of the corresponding policy and to the payment of the corresponding premium. Workers will no longer be included in the policy when the employment contract is extinguished for any cause.

Article 27. Health surveillance.

Companies shall ensure that workers at their service are regularly and voluntarily supervised by their health status, in the light of the risks to which the worker is exposed, with particular regard to the risks they may face. affect women in pregnancy or recent birth, and workers particularly sensitive to certain risks, the Protocol on Medical Recognition for PVD users of the Ministry of Health being applied (function questionnaires) visual, osteomuscular symptoms, characteristics of the task and assessment of mental load) or rules to replace it.

This frequency shall not exceed two years, except for the initial assessment of workers ' health by incorporation into work, or after the assignment of specific tasks with new health risks, and the assessment of the health of workers who resume work after a prolonged absence due to health reasons.

Health surveillance measures will include blood and urine analytics, electrocardiogram, from 40 years of age or when there is a family history of risk, and ophthalmologic recognition, hearing and hearing function. osteomcular system, for whom you request it.

Article 28. -Social security.

In case of illness or accident of work both representations agree to establish a supplement to the economic benefits of the Social Security or the Insurance of Accidents of Work, in the following amount:

(a) In the case of temporary incapacity for common sickness or non-occupational accident, up to 20 days, it shall consist of 30 per 100 of the basis for the calculation of the economic benefit.

(b) In the case of temporary incapacity for common sickness or non-occupational accident, of more than 20 days ' duration, up to 100 per 100 of the basis of the calculation of the economic benefit shall be completed for the duration of the temporary disability.

(c) In the case of temporary incapacity for work accident, occupational disease or hospitalization, up to 100 per 100 of the basis of the calculation of the economic benefit shall be completed.

Such percentages have been fixed taking into account that, at this time, benefits due to temporary incapacity due to common sickness or non-working accident, up to the 20th day are 60 per 100 of the basis of the contribution on Social Security instead of 75 per 100 as it was.

Article 29. Interest-free loans.

1. Staff who are at least two years old in the undertaking shall be entitled to cover their own needs, the expenditure of which must be credited, to an interest-free loan of up to a maximum of 60% of an amount. annuity of the salary indicated for their group and professional level in the tables set out in Article 13 of this collective agreement.

2. This loan will be reintegrated into the company in the quota requested by the employee with a maximum repayment term of 48 monthly payments.

3. Exceptionally, the employee with an advance in force may, for justified reasons, renew any of the amounts requested, provided that at least 75% of the depreciation period initially envisaged for the Loan in force. In order to do this, we will cancel, with the granting of the new amount, the main slope of the previous one.

Article 30. Help for studies.

1. The companies, depending on the human and professional development of their employees, will grant them, to study subjects directly related to this sector of activity and with their best training and training for their promotion in the within the company, in officially recognised centres:

(a) 80% of the tuition fees or fees of the educational establishments, as well as the amount of the books, up to the maximum of the amount equal to one sixth of the annual salary fixed for their professional level in the Article 13 of this collective agreement.

b) Facilitate and harmonize, provided that the organization of the work permits, the working hours with those of class and study.

In the event that such studies are provided in public and private institutions, the above mentioned obligations of the company will not extend beyond those of the corresponding public center.

2. The right to such aid shall be lost in the following year if it does not approve more than 50% of the subjects, subjects or credits in which it was registered.

3. Paid leave shall be granted for the time required for the conduct of examinations necessary for the achievement of a diploma.

Article 31. Plus transport.

In order to contribute to the costs of transport of personnel, a plus of transport of 3.20 euros per day of work is established. Such plus shall be no longer received by the worker on Sundays, holidays, holidays and days of inattendance at work for any other reason justified or unjustified.

Article 32. Departures and diets.

1. If, for the purposes of the service, any worker in the locality in which he/she habitually has his/her destination is displaced, the company shall pay him/her in respect of expenses, in addition to the costs of locomotion, a diet of:

a) One meal out: 22.48 euros.

b) Two meals out: 35.99 euros.

c) Pernoctar out: The company will establish a system of credit of justified hotel expenses (room with bathroom or shower) or housing, applicable to its employees.

2. When the worker is unable to return to eat at home for the company's job, other than usual jobs, even if he is within his/her locality, he/she will be entitled to the diet for food.

3. Where the displacement lasts for more than 60 days uninterrupted, the amount of the allowance shall be reduced by 50 per 100.

4. Undertakings may also set up a system of expenditure to be justified, both for catering and for hotels, in place of the allowances provided for in this Article.

Article 33. Locomotion expenses.

When travel or travel originated by the company's needs, the workers will use their private car, which will be paid at a rate of EUR 0.28 per kilometre.

Article 34. Childcare assistance.

The company will pay the amount of 300,00 € gross annually, which will be prorated in 11 monthly payments, for each child under 3 years, provided that the age of the worker in the company is more than one year. In the event that both spouses work in the company, that aid would only be perceived by one of them. This childcare facility may be replaced by tickets-day care.

In the event that the cash aid is received, the worker must justify the use of the aid by justification of the costs incurred by that concept.

Article 35. Eventual contract due to market or production circumstances, accumulation of tasks or excess orders.

The maximum duration of these contracts which are formalised by the undertakings to which this Convention is affected may be 12 months within a period of 18 months. In the case of a lower term, such time limit may be extended for once by agreement between the parties, without the total duration of the contract exceeding that maximum period.

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

CHAPTER VI

Disciplinary regime

Article 36. Fouls.

Workers may be sanctioned by the Management of Companies in accordance with the graduation of faults and penalties set out in the following paragraphs. Any failure committed by a worker shall be classified, taking into account its importance, significance and intention in light, severe or very serious.

They will be considered minor faults:

1. Three faults of punctuality during the month without any justified cause.

2. Failure to communicate with due notice of lack of work for justified reasons, unless it proves impossible to do so.

3. Lack of personal grooming and personal cleansing.

4. Lack of care and diligence with the public.

5. Discussions that have an impact on the good running of services.

6. Job is missing one day per month without justified cause.

7. The occasional drunkenness.

Serious faults:

1. Missing two days to work without justification or more than three unjustifiable faults of punctuality during the same month.

2. The simulation of illness or accident.

3. Simulate the presence of another worker, using their tab, signature, or card.

4. Change, look at or stir the closets and clothes of the companions without proper authorization.

5. Those committed against discipline at work or against respect because of their superiors.

6. The recidivism in minor faults, even if they are of different nature, within a quarter, when they have mediated sanctions.

7. The abandonment of work without justified cause.

8. Negligence at work when it causes serious injury.

Very serious faults:

1. Missing work more than two days a month without justified cause or more than twenty non-justified faults of punctuality committed over a period of six months, or forty for a year.

2. Fraud, disloyalty and breach of trust in the efforts entrusted.

3. Theft and theft, both to other workers and to the company, or to any person within the premises of the company or outside the company during the act of service.

There are included in this section, falsifying data to workers ' representatives, if such falsehoods have, as a malicious purpose, to achieve any benefit.

4. Proven disease simulation; to disable, destroy or cause damage to machines, appliances, installations, buildings, beings and departments of the company; to have fallen on the worker's judgment of the courts of Justice competent for the offence of theft, theft, fraud and misappropriation committed outside the company, which may cause a lack of confidence towards the author; the continuing and habitual lack of grooming and personal cleansing, which lead to justified complaints by colleagues; drunkenness during work; to engage in work of the same activity involving competition to the company, if not a half authorization of the same; the ill-treatment of words and work or serious lack of respect and consideration to the bosses, companions and subordinates; to abandon the job in positions of responsibility; the recidivism in serious misconduct, even if it is of a different nature within the same quarter, provided that they have been subject to sanction.

5. Repeated and unjustified failures of assistance or punctuality to work; indiscipline or disobedience at work; verbal or physical offenses to the employer to persons working in the company or to family members living with them; the transgression of good contractual faith, as well as the abuse of confidence in the performance of the work; the continuous and voluntary decrease in the performance of normal or agreed work; and, the usual drunkenness or drug addiction if they affect negatively on the job.

6. Sexual harassment or because of sex and moral harassment: any conduct of a sexual, verbal or physical nature, unwanted by the victim, which, developed in the field of the working relationship, involves an attack on freedom or compensation sexual of another or other co-worker, as well as requesting of these favors of a sexual nature, causing the victim an objective and seriously intimidating, hostile or humiliating situation.

Article 37. Penalties.

Sanctions regime:

It is up to the company to impose sanctions in the terms of the provisions of this convention.

Sanctions require motivated communication from the worker. In any event, the company will account for the legal representatives of the employees, at the same time as the affected one, of any sanction imposed.

The maximum penalties to be imposed in each case, taking into account the seriousness of the misconduct, shall be as follows:

(a) For minor faults: verbal admonition, written warning, suspension of employment and salary of one day.

b) For serious misconduct: suspension of employment and salary of two to ten days.

c) For very serious faults: from suspension of employment and salary from eleven to sixty days, to dismissal.

CHAPTER VII

Trade union rights

Article 38. Union rights.

In terms of trade union rights, the provisions of the legislation in force at any time will be in place.

Article 39. Company committees, safety and health committees delegated to staff, trade unions and prevention.

(a) In the case of the members of the business committees, trade union delegates, or when there are several Personnel Delegates in the company, it may be accumulated, in one or more of the same, the legal reserve of hours than the entire corresponds.

When a single staff delegate exists in the workplace, the credit for hours of booking is understood to be quarterly and for a total of 45 hours.

(b) In the case of a significant decrease in the workforce, the automatic reduction of employee representatives will occur, in order to adjust their members to the volume of staff, unless the reduction implies the total disappearance of legal representatives of workers.

A significant reduction in the template shall be taken when the template is 10% against the average number of active employees over a period of three previous months.

(c) The Delegates of Prevention, in accordance with the provisions of Law 31/1995 of 8 November, shall be appointed by and among the representatives of the staff, in the field of the representative bodies provided for in that Act. rule.

The Committee on Safety and Health shall also be constituted in the cases provided for in Article 38 of that Law.

In both cases, the powers and powers of this representation will be those outlined in the legislation referred to above and its implementing rules.

Article 40. From the trade unions.

1. Companies must respect the right of all their employees to be free of charge, without being able to secure their employment on the condition that they do not join or renounce their affiliation.

Consequently, companies will also not be able to fire, or otherwise harm, their workers because of the union activities that are recognized to them.

2. Union representatives participating in the negotiating committees for collective agreements and joint commissions provided for in the same, maintaining their links as an active worker in any company, will be entitled to the granting of the paid leave necessary for the proper exercise of their work as negotiators, provided that the undertaking is affected by the negotiation.

Provision adds first. Sectoral Joint Committee on Interpretation.

1. For all matters arising from the application of this collective agreement, the following Joint Committee is hereby established:

Headlines:

ASNEF/AEL/AEF: Four members designated by them.

CC. OO.: Two members appointed by COMFIA-CC.OO.

U. G. T.: Two members appointed by the FeS-U.G.T.

Substitutes:

ASNEF/AEL/AEF: Four members designated by them.

CC. OO.: Two members appointed by COMFIA-CC.OO.

UGT: Two members designated by the FeS-UGT.

2. The call for a call by either party of the committee shall be convened within a maximum of 15 days. Such a call must be made through the association of employers or the trade unions.

3. These will be the functions of this Joint Commission:

a) Inform the labor authority on how many issues are raised about the interpretation of this agreement.

b) To exercise arbitration and mediation functions on matters submitted by the parties to their consideration.

c) To monitor compliance with the agreement in this collective agreement.

d) To know and decide on the issues that arise in the field of functional, personal and territorial scope of this collective agreement; promotion and promotion, suitability of courses and their evaluations, assistance and (i) the improvement of training courses, the inability to provide assistance to them and the absence of training courses, and hence the age required for the promotion, and changes in the legal representation of workers in the the company, as well as the resolution of the discrepancies raised by the application of the professional classification established in the professional groups covered by this Convention.

e) Know and decide on the issues raised in the field of Safety and Health at work, in accordance with the provisions of the Second Provision.

4. The Joint Committee may also be convened during the years 2009 and 2010, for which each of the signatory Unions and members of the Joint Committee shall enjoy a credit of 60 hours per year.

5. Within the Joint Committee, the agreements shall be adopted, acting unanimously, or, failing that, by a simple majority, and shall be reflected in a summary report to be signed by all the participants at the meeting.

6. For the validity of the agreements, the presence of more than 50 per 100 of the Vocals shall be required for each part.

Provision adds second. Health and safety sectoral joint committee.

1. For all matters arising from the application of this collective agreement on health surveillance and safety at work, the following Joint Committee is hereby established:

Headlines:

ASNEF/AEL/AEF: Four members designated by them.

CC. OO.: Two members per COMFIA-CC.OO.

UGT: Two members designated by the FeS-UGT.

Substitutes:

ASNEF/AEL/AEF: Four members designated by them.

CC. OO.: Two members appointed by COMFIA-CC.OO.

UGT: Two members designated by the FeS-UGT.

2. The call for a call by either party of the Commission shall be convened within a maximum of 15 days. Such a call must be made through the Association of Employers or the Signatory Unions.

3. These will be the functions of this Joint Commission:

a) Represent the sector of Financial Institutions of Credit, of "Factoring" and of "Leasing", before the foundation for the prevention of occupational risks, being its valid interlocutor, and, consequently, promoting actions concrete and projects for the sector in how many matters fall within its competence.

With such a character, collaborate with the foundation in the follow-up of the implementation of approved initiatives, as well as ask for the insertion of the peculiarities and needs of the sector of reference, within its objectives general plan and the general plan to be set up.

(b) To be in compliance with the provisions of Article 25 of this Convention and, where appropriate, to refer to the Joint Interpretation Committee, any questions arising from the application and interpretation of the Articles referred to the safety and health at work, accompanied, if appropriate, by the relevant report.

4. Within the Joint Committee, the agreements shall be adopted, acting unanimously, or, failing that, by a simple majority, and shall be reflected in a summary report to be signed by all the participants at the meeting.

5.-For the validity of the agreements, the presence of more than 50 per 100 of the Vocals for each part will be required.

Provision adds third. Sectoral Joint Committee for Equality.

1. The Commission is hereby established for equal opportunities with the same Joint Composition as those mentioned above for other sectoral Joint Committees.

2. The objective of this Commission will be to monitor the compliance and development of legal measures and those provided for in this Convention to promote the principle of equality and non-discrimination, as well as to know about the complaints that may be caused by non-compliances.

3. To this end, the commission shall meet at the request of either party and at least once a year.

Provision adds fourth. Holidays.

The holidays provided for in Article 19 (1) of this Collective Agreement come from the inclusion of the two days of paid leave for own affairs granted under Article 15 (5) of the 2002 Collective Agreement.

Provision adds fifth. Review clause.

In the event that the Consumer Price Index (CPI) established by the National Statistics Institute (INE) recorded a cumulative variation of less than or greater than 1% on 31 December 2009, result from such CPI at 31 December 2008, a wage revision shall be carried out on the economic concepts covered by this Convention (Articles 13, 31, 32 and 33) as soon as this circumstance of the defect or excess of 1% is found. The decrement or increase which, if the above assumptions have been made, must be carried out shall have economic effects from 1 January 2009 and for that year, the corresponding regularisation being effective during the first quarter of the year. 2010.

The economic amounts set out in Articles 13, 31, 32 and 33, in their final configuration as at 31 December 2009, will be increased by 1% with effect from 1 January 2010, with the said increase in the as provided for in the following paragraph.

In the event that the Consumer Price Index (CPI) established by the National Statistics Institute (INE) recorded at 31 December 2010 a cumulative change of less than or greater than 1% in relation to the number of result from such CPI at 31 December 2009, a wage revision shall be carried out on the economic concepts covered by this Convention (Articles 13, 31, 32 and 33) as soon as this circumstance of the defect or excess of 1% is found. The decrease or increase which, if the above assumptions are to be achieved, must be carried out with economic effects from 1 January 2010 and for that year, the corresponding regularisation being effective during the first quarter of the year. 2011.

The provisions of this clause shall not apply to the table contained in Article 14 of the Collective Agreement.

Provision adds sixth. Out-of-court settlement of labour disputes (ASEC).

The signatory parties to the present collective agreement agree to establish voluntary procedures for the settlement of collective conflicts, in relation to the interpretation and application of the agreement and its suitability for the circumstances in which the work is performed and carried out in the company, assuming the contents of the Agreement on the Extrachaujudicial Solution of Labor Conflicts (ASEC) in force at any time, which, for these purposes, is given here in full reproduced as an integral part of this Collective Agreement.

For these purposes, the procedures and bodies established in the Autonomous Communities shall be in order for their competence.

Prior to the exercise of the right to strike it will be necessary to exhaust the voluntary dispute settlement procedures provided for in this provision.

Provision adds seventh. Exclusion conditions.

The wage tables set out in this collective agreement shall not be necessary or required for those undertakings which credit, objectively and reliably, deficit or loss situations in two or more consecutive or three alternate accounting years in the last five years.

Companies that are in this situation will bring it to the attention of the Joint Committee, who will resolve the information provided.

In these cases, the fixing of the increase in wages will be transferred to the committee. In order to assess this situation, circumstances such as the insufficient level of production and sales will be taken into account and the data resulting from the accounting of the companies, their balance sheets and their profit or loss accounts will be taken into account.

In the event of a discrepancy in the valuation of such data, auditors or auditor reports may be used, taking into account the circumstances and the size of the companies.

Depending on the unit of recruitment in which they are included, the companies that allege these circumstances must present to the workers ' representation the precise documentation (balance sheets, accounts, etc.). results, and, where appropriate, reports of auditors or auditors) justifying a differentiated wage treatment.

In this sense, in those of less than twenty-five workers, and depending on the economic costs involved, the report of the auditors or the sworn auditors will be replaced by the necessary documentation. within the above paragraphs, in order to demonstrate the situation of losses.

The legal representatives of the workers are obliged to treat and maintain in the largest reserve the information received and the data to which they have had access as a result of what was established in the preceding paragraphs, (i) observing, therefore, in respect of all this, professional secrecy.

Final disposition.

By way of derogation from the fifth additional provision, for the years 2009 and 2010 it is ensured that the revision of the economic concepts of this Convention shall not be less than 1%, whichever is the difference. definitive of each year's I.P.C..