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Resolution Of 4 February 2009 Of The General Directorate Of Labour, Which Is Recorded And Published The 21St National Collective Agreement Of Driving Schools.

Original Language Title: Resolución de 4 de febrero de 2009, de la Dirección General de Trabajo, por la que se registra y publica el XXI Convenio colectivo nacional de autoescuelas.

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TEXT

Having regard to the text of the 21st National Collective Self-School Convention (Convention Code n. 9900435), which was signed on 17 December 2008, by the CNAE business association on behalf of the companies in the sector and the other by the trade unions FETE-UGT and USO, representing workers in the sector, and in accordance with Article 90 (2) and (3) of the Royal Decree-Law 1/1995 of 24 March, approving the recast of the Law on the Staff Regulations of Workers, and in Royal Decree 1040/1981 of 22 May 1981 on the registration and deposit of collective labour agreements,

This Work General Address resolves:

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

Second. Arrange for publication in the "Official State Gazette".

Madrid, 4 February 2009. -Director General of Labour, José Luis Villar Rodríguez.

XXI COLLECTIVE SELF-SCHOOLS AGREEMENT

Article 1. Functional and territorial scope.

This agreement will affect all the Centers that provide the specialized driving lessons of mechanical traction vehicles throughout the territory of the Spanish State.

Article 2. Personal scope.

This Convention shall affect all staff who, under contract of employment, provide their services to undertakings included in Article 1.

Staff within the scope of application are classified from this Convention in the following groups:

A) Teaching staff:

1) Teaching director.

2) Teacher.

B) Administrative non-teaching staff:

1) Official.

2) Auxiliary.

3) Applicant/apprentice.

C) General services:

1) Mechanics.

2) Driver.

3) Cleaning personnel.

The worker/senior management or management of the company is excluded from the scope of the personal application, as well as the activity that is limited to the position of the company's Counsellor, in which it is a legal form of Society.

Article 3. Temporary scope.

This Convention shall enter into force, whatever the date of its Registration in the Register, from 1 January 2008, and its validity shall be until 31 December 2009.

The economic effects shall be applied retroactively from 1 January 2008.

Article 4. Complaint.

This collective agreement shall be extended from 1 January 2010 to the year 2010, by tacit renewal, unless it has been previously and one month before the end of the term of the Convention or that of the any of the extensions would have been the express denunciation of the agreement by any of the signatory parties to it.

Once reported, it will remain valid until the new Convention and publication is signed on the BOE.

Article 5. Test period.

The length of the trial period for teaching staff will be three months, and for the remainder as the Workers ' Statute marks.

Article 6. Recruitment.

6.1 Extinction and notice of voluntary cessation. -Contracts will be formalized in accordance with current legal provisions.

Workers hired by self-school without any special arrangements for their duration shall be considered as fixed, after the probationary period, except in the cases provided for in Article 15 of the Staff Regulations. Workers.

Workers without written contract after the probationary period shall be presumed to have entered into the contract for an indefinite period, unless otherwise proof of their temporary nature.

fixed-term or temporary contracts, where they have been concluded for a period of less than the maximum period, shall be extended in the terms and with the duration laid down in the legal provisions which are regulate.

If the contract of employment is denounced by either party, the party of the contract making the complaint is obliged to notify in writing to the other the termination of the contract, at least fifteen days in advance.

The self-school workers who would like to cease in the same voluntarily, will have to put it in knowledge of it in writing with fifteen days in advance, to the date of the cessation, being able the company, to discount the The worker shall have the amount of one day's salary for each day of delay in the notice. Similarly, the company will communicate the termination to the worker, 15 days in advance, paying one day's salary for each day of lack of notice.

All contract workers belonging to ETTs, who provide services in the centres regulated by this Convention, shall apply to them all the conditions agreed upon.

6.2 Training Contracts: Practices and Training. Promotion of indefinite recruitment.

6.2.1 Practical work contract: It may be held with those in possession of a university degree or professional training of a medium or higher grade, of 1. º and 2. degrees, or officially recognised qualifications as equivalent, within four years immediately following the completion of the relevant studies, as provided for in accordance with the conditions and requirements laid down in Article 1 of the R.D. 488/98 (BOE of 9 April 1998). Such contracts shall be concluded by undertaking and trainee in accordance with the following rules:

1. The duration of the contract may not be less than six months or exceed two years. The parties may agree up to three extensions, without the total duration of the contract exceeding the maximum duration of two years. In no case shall the duration of each extension be less than 6 months.

2. The remuneration shall be 90% for the first year and 100% for the second year of the remuneration laid down in the Convention for its professional category.

3. If, at the end of the contract, the worker continues in the undertaking, a new probationary period cannot be concluded, with the duration of the practice being computed for the purposes of seniority.

The provisions of Article 11 of the Workers ' Statute and of Royal Decree 488/98 of 27 March 1998 (BOE of 9 April 1998) are not expressly regulated in this Convention for practical contracts. 1998).

6.2.2 Training Contract: May be held with workers over 16 years of age and under 21 who lack the required qualification to perform a contract in practice. The age limit may be exceeded when the contract is concerned with unemployed disabled workers. These contracts will be governed by the following rules.

(a) The minimum duration of the contract shall be 6 months and maximum of 3 years. The parties may agree up to three extensions, without the total duration of the contract exceeding the maximum duration of three years. In no case shall the duration of each extension be less than 6 months.

(b) The time spent on theoretical training shall not be less than 15% of the maximum working time provided for in the Convention for the job.

(c) Remuneration shall be the Minimum Interprofessional Wage, irrespective of the number of hours spent on training.

From continuing to the enterprise, after learning is complete, you will be moved to the appropriate category.

In the case of vacancies at the end of your apprenticeship, the apprentice will be preferred in hiring.

d) In the event that the worker continues in the company at the end of the contract, a new trial period cannot be arranged, with the duration of the previous contract being computed for the duration of the contract.

The provisions of Article 11 of the Workers ' Statute and of Royal Decree 488/98 of 27 March 1998 (BOE of 9 March 1998) are not expressly regulated in this convention for training contracts. April 1998).

6.2.3 Contract for the Promotion of Indefinite Procurement: Companies may enter into contracts to encourage indefinite hiring in the cases and with the requirements that the current legislation establishes.

6.3 Possible contract due to circumstances of the production or accumulation of tasks: Any contracts concluded under this contractual arrangement and under the terms of Article 15.1.b of the TRET and its subsequent contracts developments, shall have a maximum duration of 12 months within a period of eighteen months.

Case of being held for a period of less than maximum, may be extended once, up to its maximum duration.

The cause or circumstance that justifies it shall be accurately and clearly stated in the contract.

The worker at the time of termination of the contract shall be entitled to receive an economic allowance equal to the proportional portion of the amount that will result from paying 8 days of salary for each year of service.

Article 7. Workday.

The working day of the teaching staff will be thirty-five hours a week, the day being Monday to Friday. The working day of non-teaching staff will be forty hours a week, with the working day from Monday to Friday.

Article 8. Schedule.

The schedule will be fixed by the employer in writing, and can be modified when there are proven technical, organizational or productive reasons; in the event of the modification by the legal representatives of the workers, must be approved by the Social Jurisdiction.

Ordinary hours to work may not exceed seven per day for senior management and teaching staff, eight for non-teaching staff.

A day of departure shall mean an uninterrupted rest of at least one hour and a maximum of three hours.

When the work is performed on a starting day, the classes will be grouped into two blocks at most, homogeneous.

In case of continuous development in a single block workers will be entitled to thirty minutes of paid rest.

The hours employed by the workers in the students ' examinations, are included within their working day, if they cover the seven hours of work with the exams, the end of their working day will be understood. ordinary labor.

If the exam requires less real time in the presence of the Teacher or Teacher, the teacher must take the lessons to complete the day and always within his/her usual time.

These hours will not be considered as extraordinary, if you do not exceed the ordinary daily hours of the working day.

The daily working day, without prejudice to the above, will begin to apply from the exit of the school or garage to move to areas of practice, examination or the like and to end the arrival at the school.

Article 9. Overtime.

They shall have the consideration of extraordinary hours, which exceed, in each case, the ordinary day laid down in this Convention.

If there is more than one worker/interested in overtime, the entrepreneur will share these equitably, among those workers who are interested in performing them, will not be used as an element of discrimination.

The number of overtime, may not be greater than two per day, fifteen per month, and eighty per year.

Overtime, will be voluntary, will be recorded day by day and will be totaled weekly, delivering copy of the weekly summary to the worker.

Each extraordinary hour will be paid with 75% surcharge and the price of the same will be, the one that will result for each worker according to their job category, of the application of the following formula:

Base Salary + Old × 15 pages × 1.75 (increment/hour)

221 working days × day weekly

5

Article 10. Holidays.

All staff will enjoy a month's holiday, preferably in summer.

They will also enjoy paid holidays the day before Christmas (Christmas Eve) and December 31, if the Traffic Headquarters were to have tests for aspiring drivers in any of the days, the report said. The employer shall discretionally point out another day of rest within the relevant week.

If the day 24 and 31 December fall on a public holiday, the vacation will be moved to the business day before or after those dates.

The holiday period will be communicated to workers two months in advance, at least.

Holiday of the self-school. It will be a public holiday for all the staff of the self-schools and will be held on the first Tuesday of October, however, this date may be amended in the respective territories of common employer agreement and trade unions.

When the holiday period coincides fully or partially in time with a temporary disability arising from pregnancy, childbirth or natural lactation or with the period of suspension of the contract of employment provided for in the Article 48 (4) of the Staff Regulations, it shall be entitled to enjoy the holidays on a date other than that of the temporary incapacity or the enjoyment of the permit which, by application of the said provision, corresponds to, at the end of the period of suspension, even if the calendar year is over.

Staff will also be entitled to two days of paid leave per year, to be set by mutual agreement between employers and workers.

Article 11. Paid leave.

The worker, upon written notice and justification, may be absent from work entitled to remuneration for any of the reasons and for the following time:

a) Fifteen calendar days in case of marriage.

b) Three days in cases of birth or adoption of a child, severe illness requiring hospitalization, accident, hospitalization or surgical intervention without hospitalization requiring home rest, or deaths of relatives up to a second degree of consanguinity or affinity. When the worker needs to make a move to the effect outside the province, the time limit will be four days.

c) One day per usual home move.

d) For the time indispensable, for the fulfilment of a duty of public or personal character, understood as the exercise of active suffrage.

e) For the performance of trade union or staff representation in the legally established terms.

f) One day per wedding of a second-degree family member of consanguinity or affinity. When it occurs in a locality outside the province, the permit will be two days.

g) The time required to attend personal medical consultation or to accompany family members up to the first degree of consanguinity.

h) The time that is indispensable for pregnant workers, for the carrying out of prenatal examinations and preparation techniques for childbirth, prior notice and justification of the need for their realization within the job.

Article 12. Unpaid leave.

All self-school personnel may apply for up to fifteen days of unpaid leave per year to be granted to you for permission with at least fifteen days ' notice. If the application is made, for a date which coincides with that of another worker of the same category, enjoying this licence, the employer shall ensure that the needs of the Self-School are not neglected, whether or not it will be granted. permission.

Article 13. Salary tables.

From 1 January 2008, the workers affected by this Convention shall receive, as a monthly basis, the amounts set out in Annex II. These wage tables are the result of increasing the tables for 2007, 4.5% on the basis of the basic salary, and 0% on the seniority supplement.

In the case that the Consumer Price Index (CPI), established by the National Statistics Institute (INE), will increase by 31 December 2008 an increase of more than 4.5%, compared with the figure of the CPI at 31%. In December 2007, a wage revision will be carried out, in excess of the indicated figure, as soon as this circumstance is officially established. Such an increase will be paid from 1 January 2008 in a single payment during the first quarter of 2009, thus serving as the basis for the calculation for the salary increase for 2009.

The salary tables for the year 2009, for which the calculation basis will be taken into account as provided in the previous paragraph, will see an increase of 4.5% on the base salary, excluding the concept of seniority.

In the event that the Consumer Price Index (CPI), established by the National Statistics Institute (INE), will register at December 31, 2009, an increase of more than 4.5%, compared with the figure of that CPI at 31%. In December 2008, a wage revision will be carried out, in excess of the indicated figure, as soon as this circumstance is officially established. Such an increase, will be paid from 1 January 2009, in a single payment during the first quarter of 2010, thus serving as the basis of the calculation for the salary increase of the year 2010.

Payment of wages will be made for months due, within the first five days of the following month.

Diets: Teachers and directors, who need and order the company, have to teach practical classes to students, who for their special circumstances of work, studies, etc., cannot attend in the normal day, shall be collected from the undertaking, as a compensation for expenditure, on average, provided that they have been duly authorised by the Director.

A plus of € 38 per month is included for all professional categories. This transport plus will be paid, only for the months effectively worked, not derevenging in periods of temporary incapacity for work or holidays, or any other cause of suspension of the contract of employment.

For being an extrasalarial character, they will not be taken into account in the social security contributions, according to article 75 of the General Social Security Law, nor the section of the daily subsistence allowance, nor the one for transport plus, as the Monthly amount does not exceed 20% of the SMI.

Article 14. Old-age add-on.

For each three-year term, the worker shall be entitled to receive the amount shown in the salary tables, not being able to exceed the accumulation of these increases, from 25% to 15 years, 40% to 20 years and 60% to twenty-five or more years, calculated on the basis of the basic salary.

The amount of each three-year period will be effective on the payroll of the maturity month.

In the case of incorporation of the subject of the contract of employment into the company without a continuity solution, the services provided prior to the age-related effects will be computed.

Article 15. Extraordinary pagas.

The workers affected by this Convention shall receive three extraordinary payments, each one being paid, in the months March, June and December, each consisting of the amount of the basic salary plus the In addition, it is possible to extend the period of time. The payments shall be met from 15 to 20 of the respective months.

Article 16. Plus residence and insularity.

The workers of the Balearic Islands, the Canary Islands, Ceuta and Melilla will receive a plus of residence, the amount of which will be equal to that of the same concept during 2007.

The peer commission will quantify the above residence plus.

Article 17. Retirement Award.

The retirement of the staff affected by this agreement will be sixty-four years, if the worker requests it, as provided for in the legislation in force.

At the time of retirement, every worker who is five years old in the company will receive the sum of a unique amount of EUR 853,22.

This amount may be reviewable annually, in the line of the increase that is agreed for salary tables.

Every worker who, on a date 1-1-1999, has been accredited for at least 15 years, at the time of retirement, may voluntarily choose to receive the old retirement award, which is consistent with the amount of three monthly instalments plus one for five years exceeding the reference 15.

In the event that the worker opts for any partial retirement mode, the retirement award will only be made effective at the date of the final retirement.

The company will guarantee each worker, the amounts corresponding to the retirement award by signing an insurance policy or employment pension plan.

Article 18. Excess classes.

The excess may be voluntary or forced, in the terms provided in the following articles. In both cases the worker shall not be entitled to remuneration, except as provided for in the chapter on trade union rights.

Article 19. Forced leave.

The following will be caused by the following:

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

b) By disease, after the first 18 months of Temporary Incapacity, and for all the time the worker remains in this situation even if the company has ceased to be listed.

c) For total permanent invalidity for the usual profession, for absolute invalidity for all work or for Great Validity, for 2 years from the date of the resolution if in the same, the possibility of revision is foreseen within two years.

(d) For the exercise of union functions, of a provincial or higher level, provided that the trade union Central to which the worker belongs has sufficient legal representation in the scope of this convention.

e) During the gestation period of the worker at the request of the worker.

f) For the care of each child, both when it is by nature and by adoption. It shall be for a maximum period of three years from the date of birth or adoption of the child. Successive children shall be entitled to a new period of leave of absence, which shall, where appropriate, end the period for which they are enjoying themselves. This surplus constitutes an individual right of workers, men or women. However, if two or more employees of the same undertaking generate this right by the same deceased person, the employer may limit his or her simultaneous exercise for justified reasons of operation of the undertaking.

g) Active workers who are present for examinations and subsequent practices for obtaining the title of teacher, or for director's courses, will be entitled to forced leave over time corresponding.

Article 20. Job booking.

The worker who enjoys forced leave has the right to reserve the job, to calculate the age acquired during the period of time and to return to the same working centre after the end of the job. period of leave.

Missing the cause of the excess, the worker will have 30 calendar days to return to the job center and, if not, will cause a definitive discharge.

Enforced leave must be automatically granted upon presentation of the appropriate supporting documentation.

Article 21. Voluntary leave.

Voluntary leave may be granted to the worker, upon request in writing, and may be requested by anyone who takes at least one year's self-schooling and has not enjoyed a leave of absence during the four years. above.

Voluntary leave will be granted for a minimum of four months and a maximum of five years.

Reentry into the self-school.-The worker who enjoys such voluntary leave will only retain the right to return if there is a vacancy corresponding to his or her self-school or self-schools. craft or work category. During this time the age will not be computed, and consequently will be deducted from any computation in which the years of permanence in the company are taken as a basis.

The worker who enjoys such voluntary leave must apply for reentry into the self-school, in writing, in advance of thirty calendar days prior to the end of this leave, except for agreement with the company. If you do not make your application on time and form, the worker will cause a final discharge at the school.

Article 22. Child care leave.

Workers shall be entitled to a period of leave of no more than three years, to take care of the care of each child, whether by nature or by adoption, or in the case of a permanent, permanent or preadoptive, even if these are provisional to be counted from the date of birth or adoption of this. Successive children shall be entitled to a new period of leave of absence, which shall, where appropriate, end the period of their enjoyment.

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

The entire period in which the worker remains in a situation of excess will be computable for the purposes of seniority, and during the first year he will be entitled to the reserve of his job.

Ending the same, and until the termination of the period of leave, the reserve will be referred to a job of the same professional group or equivalent category. In the absence of this article, it will be in the case of cases of forced leave.

Article 23. Leave of absence for family care.

Workers shall be entitled to a period of leave of no more than three years to care for the care of a family member, up to the second degree of consanguinity or affinity that for reasons of age, accident or illness cannot be be self-valued and do not perform paid activity.

During this period, the worker will be entitled to the reservation of their job and seniority.

The worker will be entitled to attend vocational training courses, whose participation must be called by the employer, especially on the occasion of his/her reinstatement.

Article 24. Care for minors or family members who cannot fend for themselves.

1. The staff, who for reasons of legal guardian have to their care some under eight years of age or a person with physical, mental or sensory disability who does not carry out paid activity, shall be entitled to a reduction of the working day, with the a proportional reduction in the salary between at least one eighth and a maximum of half the duration of the salary. It shall have the same right to take care of the direct care of a family member up to the second degree of consanguinity or affinity, who does not carry out paid activity and who for reasons of age, accident or illness cannot avail himself same.

2. The reduction of working hours in this paragraph constitutes an individual right of workers, men or women, notwithstanding the fact that two or more employees of the same undertaking generate this right by the same deceased person, the employer may limit their simultaneous exercise for justified reasons for the operation of the undertaking. The time-frame for the reduction of the day is for the worker or worker, who must pre-notify the employer 15 days in advance of the date to be rejoined to their ordinary day.

3. The discrepancies arising in terms of time and determination of periods of enjoyment shall be determined by the competent jurisdiction.

Article 25. Maternity/paternity.

1. The provisions of Articles 48 and 48a of the Workers ' Statute and the Organic Law 3/2007 of 22 March on the effective equality of women and men shall be governed by the provisions of this article.

2. The workers, by birth, will be entitled to 16 weeks paid, uninterrupted, expandable in the case of multiple childbirth in two weeks more for each child from the second. The period of suspension shall be distributed to the person concerned, provided that six weeks are immediately after delivery. In the case of both parents working, the mother, at the beginning of the maternity leave period, may choose to have the other parent enjoy a certain and uninterrupted part of the period of rest after the birth of the child. simultaneous or successive form with that of the mother. Female workers on leave on account of pregnancy shall receive 100% of their remuneration.

3. Provided that they have not been able to enjoy temporary incapacity for pregnancy, childbirth or natural breastfeeding, or with the suspension of the contract of maternity or paternity work, the holidays may be taken in different period, even if the corresponding calendar year is completed.

4. In the case of child birth, adoption or reception, the worker shall be entitled to the suspension of the contract for 13 uninterrupted days, which may be extended in the case of delivery, adoption or multiple acceptance in two more days for each child. from the second.

Article 26. Adoption and welcome.

1. In the case of adoption and reception of children up to six years of age, the permit will last for sixteen weeks uninterrupted, extended in the event of adoption or multiple acceptance in two more weeks for each child from the age of second.

2. This permit will also be enjoyed in the cases of adoption or reception of minors, over six years of age, in the case of minors with disabilities or because of their personal circumstances and experiences or who, to come from abroad, have special social and family integration difficulties, duly accredited by competent social services.

3. If both parents work, the permit will be distributed to the interested parties, who will be able to enjoy it simultaneously or in succession, always with uninterrupted periods.

4. Workers in a situation of leave arising from adoption or acceptance shall receive 100% of their remuneration.

5. When the holiday is fully or partially matched by the period of maternity leave, adoption or reception, the latter shall be enjoyed until the end of the month, following the medical discharge or when the parties agree.

Article 27. Breastfeeding.

Workers and breastfeeding workers of a child under the age of nine months shall be entitled to an hour of absence from work, paid, which may be divided into two fractions or accumulate for weekly, monthly, or year. The period may not be enjoyed simultaneously by the two spouses.

Article 28. Union rights.

In addition to the rights established by the Law, which ensure freedom of trade union action in companies, it is agreed:

(a) Workers shall be entitled to use the premises of the centre of work for the holding of assemblies provided that the provisions of Articles 77 to 80, inclusive, of the State of the Workers.

b) In each workplace there must be, instead, visible, a plank of union announcements.

(c) Active workers exercising union functions at a provincial or national level in a management body shall be entitled to enforced leave of absence for the duration of the exercise of their representative office.

(d) workers who are part of the Joint Commission or the Convention's negotiating commissions shall be entitled to take leave from their work, subject to notice and justification, without ceasing to receive their usual remuneration, for participate in the meetings. Such workers may not be made redundant during the period of the meetings or negotiations in which they take part, or before the next forty-five days after the end of the meetings.

e) No worker shall be disciplined in a disciplinary manner without the Company Committee or the staff delegate being informed.

f) The Company's Trade Union Section (SSE) of the legally constituted Union shall be implicitly recognised when requested by it.

g) Trade union elections may be held in undertakings with more than three workers, even if their powers are only within the scope of the Convention. The representative of the Trade Union Section will have the same privileges as the Delegate/Staff, in compliance with the Organic Law on Freedom of Association (LOLS).

(h) Members of the Business Committee, Staff Delegates, and Trade Union Delegates, upon notice and justification, may be absent from work, entitled to remuneration, to perform trade union or business functions. representation of staff in the terms legally established in this Convention.

i) Members of the Business Committee, staff delegates and trade union delegates shall have all the rights and guarantees laid down by the Workers ' Statute, the Organic Law on Freedom of Association and other applicable legal provisions.

Article 29. Joint committee.

The Joint Commission will be constituted for the interpretation, mediation and arbitration of the fulfillment of this agreement, it will also assume the competences attributed in these matters to the Sectoral Joint Commissions, established in the Occupational Training Subsystem for Employment, as laid down in Decree 395/2007 of 23 March 2007, as a result of the accession of this Convention to the abovementioned agreement as referred to in Article 34 of that Agreement.

If the parties express, and voluntarily submit to the arbitration of the Commission, their resolution shall be binding upon them.

The Joint Commission will be composed of a representative of each of the trade unions of the Negotiating Table of the Convention and three of the employers (CNAE).

In the first session of the Constitution of the Joint Committee, a President and a Secretary will be appointed, who will assume, respectively, the function of convening, moderating the meetings and raising the minutes of the meetings, timely registration and archiving of the treated issues.

In order to take the Joint Committee's agreements, a President and a Secretary will be appointed, who will assume, respectively, the function of convening, moderating the meetings and raising the minutes of the meetings. record and file of the issues dealt with.

In order to take the Joint Committee's agreements, the vote will be qualified in each of the parties, representing 50%, which will be done according to the official representation of the respective organizations. to adopt agreements for the approval of 60%, in the employers ' and trade union representation. The registered office of the Joint Commission is fixed at the headquarters of CNAE, in Pozuelo de Alarcón (Madrid), Avda. John Paul II, 54, C.P. 28223.

The Joint Commission shall be unique to any State and shall meet, on an ordinary basis, once every three months, and on an extraordinary basis upon request by the majority of the parties.

This Joint Committee for the Development of the Vocational Training Subsystem for Employment, set out in Decree 395/2007 of 23 March, will establish and approve the appropriate regulation of the operation.

The Joint Commission by agreement between the parties will be able to incorporate changes in this Convention, in cases that could be linked to changes in current labour law, as well as outsourcing. of commitments.

Article 30. Most beneficial situation.

The economic improvements agreed in this Convention may be absorbed by those which may be established in the future by law and by which, on a voluntary basis, the centres are paid for the entry into force of this Convention. of the Convention, provided that they do not have the concept of base salary or plus of normal seniority. The total remuneration for the entry into force of the Convention by the staff affected by the Convention may not be reduced by the application of the rules prior to this Convention.

Article 31. Extra duty.

For the purposes not specified in this Convention, the provisions of the current labour law shall be in force.

Article 32. Free teaching.

The worker, spouse and children, who live with the workers of the self-schools, will be entitled to the teaching in the theoretical and practical phases, and to the tuition until the obtaining of the category B permit.

All other permits will be for workers who are at least one year old at the Company and under the same conditions as in the previous paragraph.

Article 33. Reduction of templates.

Self-school workers who perform their work in full dedication will have a preference to stay in the company in the event of an application because of a reduction in the workforce.

Article 34. Promotion and recycling facilities.

The parties undertake to facilitate, reciprocally, how many conditions entail continuous recycling, improvement and productivity in the field of driving.

In order to improve the professional qualification and social promotion of workers in the Joint Commission, this article will be dealt with in depth.

This collective agreement adheres to the Vocational Training Subsystem for Employment as set out in Decree 395/2007 of 23 March 2007, the Joint Committee being the Joint Committee, as specified in Article 29 of the Convention, which assumes the powers conferred on it in the abovementioned Agreement, to the Sectoral Joint Training Committees.

In terms of training in road education and driving, or of any other that companies have to schedule, the costs arising from this training must be borne by the company or groups of companies, interested in their workers receiving such training.

All staff who attend further training courses within their professional classification, and subject to the authorization of the employer, shall be entitled to receive their remuneration for their duration.

The vacancies that occur in the self-schools among the staff with the category of Administrative Officer, will be used preferably by the Administrative Auxiliary staff who have the own self-schools. However, the Administrative Auxiliary staff with a five-year age in the same self-school shall be assigned to the category of Officer, and shall be entitled to receive the remuneration corresponding to this category.

Article 35. Safety and occupational health.

The centres and staff affected by this Convention will comply with the provisions on safety and hygiene at work contained in Article 19 of the Workers ' Statute, in the Law on the Prevention of Occupational Risks, and other general provisions.

1. In all matters concerning safety and health at work, the provisions contained in Law 31/1995 of 8 November on the Prevention of Occupational Risks and the Regulations that develop and complement them shall apply.

For this purpose, companies and workers subject to this Convention shall address the application of the preceding paragraph, in line with the general criteria and declarations provided for in that Law.

2. Prevention Delegates:

2.1 In those companies in which there is representation of the Workers, this representative will assume the functions of the Delegate of Prevention with specific functions in the field of prevention of work risks.

They will have the powers and powers provided for in Article 36 of the Law 31/1995 and additional rules, with the same guarantees as to Article 68 of the workers ' representatives. of the Workers ' Statute, recognizes the members of the Staff Committee and Delegates.

2.2 In the companies of up to 30 workers, the Delegate of Personnel, will be the Delegate of Prevention. In companies of 31 to 49 workers, there will be a Prevention Delegate, who will be chosen by and among the Staff Delegates.

2.3 In the companies of 50 or more workers, the Prevention Delegates shall be designated by and among the representatives of the workers according to the scale set out in Article 35.2 of Law 31/1995.

3. Committee on Safety and Health.

3.1 In companies that have 50 or more Workers, a Committee on Safety and Health will be set up, which will be formed as provided for in art. 8 of the aforementioned Law, of one part by the Delegates of Prevention, and of another by the businessman and/or their representatives, in number equal to that of the Delegates of Prevention.

3.2 The Committee on Safety and Health shall have the powers and powers laid down in Article 39 of Law 31/1995.

3.3 The Time Credit of the Delegates of Prevention, will be the one that corresponds to them as representatives of the workers in specific matter, and also the necessary for the development of the following tasks:

a) The corresponding to the meetings of the Committee on Safety and Health.

(b) The corresponding to meetings convened by the Businessman in matters of risk prevention.

c) The intended to accompany technicians in preventive character assessments.

d) To accompany the Labour and Social Security Inspectorate in the visits to the workplace.

e) The derivative of the work center visit to know the circumstances that have resulted in damage to workers ' health.

f) He is destined for his training, prior communication and consent of the Company.

Companies will provide the necessary conditions for workers to be able to undergo an annual medical examination free of charge through the medical services of the Patron Mutua or other official centres with those who have the risks of accidents at work, communicating it in writing to workers.

The Joint Committee of this Convention will study in the framework of the regulatory development of the Law on the Prevention of Labor Risks, the occupational diseases peculiar to this sector, to propose to the competent agencies the creation of a specialized service in their treatment.

Article 36. Accident insurance.

1. All the schools of self-schools will recruit insurance policies that guarantee the coverage of accidents during the twenty-four hours of the day to the workers, in amount of 36,000 euros in case of death and 54,000 euros in case of invalidity permanent.

2. All schools of self-schools shall have insurance to cover the contingency for the withdrawal of the driver's meat for the total loss of points where the latter occurs in working hours and, provided that such loss of points is not due to the consumption of alcoholic, narcotic or psychotropic beverages.

Such policies shall be in force for the duration of this Convention.

From the referred insurance contract, copy or certificate will be delivered to each worker.

A copy of these policies will also be sent to CNAE, through its member associations, for constancy.

Article 37. Temporary incapacity.

Workers in temporary incapacity for the first three months will receive the supplement necessary to complete the percentages indicated below their total remuneration, including increases wages produced in the period of medical leave.

First. -By accident at work and occupational diseases, 100% up to a maximum of three months.

Second. -For common sickness and non-work accident, 100% from day one, first month, and first low of the year.

Article 38. Geographical mobility.

In terms of worker mobility, it will be addressed in the Workers ' Statute.

Article 39. Cleaning staff.

In the event that such a category exists and is receiving amounts higher than those specified in this Convention, these will be increased by the percentages that are indicated for each year in Article 13.

Article 40 Accession to the A.S.E.C.

The negotiating parties to this Convention adhere to the Agreement on Extracts of Labor Conflicts (A.S.E.C.), as well as to its Implementing Regulation which will cover all companies and all companies. of the workers represented, acting in the first instance the Joint Committee of this Convention.

Article 41. Maintenance of vehicles.

The teacher/is assigned a vehicle or vehicles of the Self-School for the imparting of the practical classes, they shall communicate in writing, to the holder of the same all those incidents that they observe on the maintenance, cleaning, etc., of the same. In any event, they shall be responsible for the owner of the school, all the expenses incurred in the maintenance, cleaning and other formalities that may entail the same compliance with the applicable legal regulations applicable to them at all times. the operator responsible for the consequences arising from the failure to address the notified deficiencies. All these procedures to be performed by the teacher will be carried out within the working day.

Article 42. Disciplinary regime.

For the personnel affected by this Convention, 3 types of faults are established: mild, severe and very serious.

1. ° Are mild faults:

a) Four unjustified punctuality in the job for 30 days.

b) An unjustified lack of assistance for a period of 30 days.

c) To terminate the class before the time of its termination, without justified cause, up to 2 times in 30 days.

d) Do not take appropriate leave in due time when the work is lacking for justified reasons, unless it is evident that it is impossible to do so.

2. No. Serious faults:

(a) More than 4 and less than 10 unjustified violations of punctuality committed within 30 days.

b) More than 1 and less than 4 unjustified work attendance faults within 30 days.

c) Non-compliance with educational obligations in accordance with current legislation.

d) Public discussions with colleagues in the workplace who belittle the image of the school or its staff with students.

e) Seriously missing the person of the pupil or their family members.

(f) The lack of care or abandonment of the material or vehicles of the company, or the failure to comply with the provisions of Article 37 of this Convention, both as regards the communication of the incidents, and for non-compliance of the instructions received from the company, intended to address the incident.

3. These are very serious faults:

(a) More than 9 unjustified errors of punctuality committed within 30 days.

b) More than 3 unjustified work assistance faults committed within 30 days.

c) Unjustified and repeated abandonment of the teaching function.

d) Serious faults of respect and ill-treatment, of word or deed, to any educational community member of the workplace.

e) The serious failure to comply with the educational obligations under the current legislation.

f) The recidivism in serious misconduct if committed within 6 months after the first violation occurred.

Prescription: Violations committed by workers will prescribe:

1. ° The minor faults within 10 days.

2. º Serious fouls at 15 days.

3. No. Very serious faults at 50 days.

The prescription runs from the date on which the employer became aware of the commission of the fault, and in any case, it is met within 6 months of that commission.

Sanctions:

Classes:

The penalties will be:

1. ° For minor faults: Verbal assembly; if repeated, admonition in writing.

2. No. For serious misconduct: A written statement; if there is a recidivism, suspension of employment and pay of 5 to 15 days, with a finding in the personal file.

3. No. For very serious misconduct: Suspension of employment and salary from 16 to 30 days; warning of dismissal that may be accompanied by suspension of employment and salary; dismissal.

All penalties will be communicated in writing to the worker indicating the date and fact that motivated it. Copies of it shall be forwarded to the members of the Enterprise Committee, or Delegates of Staff or Trade Union Delegates.

The employer, taking into account the circumstances of the event and the subsequent conduct of the worker, may reduce the penalties for minor, serious and very serious faults, in accordance with the legislation in force.

Infringements of employers: Omissions or actions committed by employers that are contrary to the provisions of this Convention and other legal provisions shall be considered as an infraction.

The contract staff, through the Enterprise Committee, Staff Delegates or Trade Union Delegates, will try in the first instance to correct the alleged infringement by appealing to the employer.

If, within 10 days of notification to the employer, he has not received a solution, or is not satisfactory to the claimant, he may initiate proceedings before the Joint Commission for Interpretation, Mediation and Arbitration, which, within a maximum of 20 days of receipt of the opinion, shall deliver an opinion.

Any of the parties may appeal to the opinion of the Provincial Inspection or Direction of the Ministry of Labour, or the corresponding autonomic body.

Transitional disposition.

Within three months of the publication of this agreement in the BOE, a study commission will be created, with the participation of the Patron and Trade Union Organizations according to their respective representativeness, in order to promote the joint analysis of the future prospects of the sector in all areas that could have an impact on the social and labour market, in particular professional qualifications, working time and wage structure.

Your results will be subject to the approval of the Negotiating Committee of the Convention.

ANNEX I

Defining categories

Professional category definitions:

Director: It is the staff who, meeting the conditions and academic legal requirements, plan, order and control the development of the teaching activity.

Professor: These are the persons who, together with the conditions of academic qualification required by the applicable legislation, have the task of providing theoretical and practical teaching necessary for obtaining a permit to driving.

Administrative Officer: Who exercises bureaucratic or accounting functions that require initiative and responsibility.

Administrative Assistant: It is the employee who performs bureaucratic administrative functions, depending directly on the holder, Director, or Administrative Officer.

Aspiring/Apprentice: It is the worker who has subscribed to a training contract who performs duties entrusted to him within the administrative or secretarial area.

Mechanical: It is the employee who has enough practice, is dedicated to the care, repair and conservation of the vehicles that are entrusted to him by the company.

Driver: It is the intended driving licence worker who is entrusted with driving vehicles for which he is authorised within the activities related to the self-school.

Cleaning staff: It is the staff dedicated to cleaning the school and its sections. It will communicate to the company the needs and weaknesses in the cleaning process.

ANNEX II

Pay tables for 2008

Category

Mechanic

Driver

Base Salary

-

Euros

Antiquity/Triennium

-

Euros

Plus Transport (2)

-

Euros

Director

947.47

37.61

38

Professor

885.43

33.89

38

Official Adm.

799.76

24.97

38

Auxiliary Adm

707.38

24.97

38

Applicant

(1)

16.17

736.16

38

38

736.16

38

38

Cleanup

603.09

24.97

38

(1) The Applicant's remuneration will correspond to that of the Training contracts listed in Article 6.

(2) Transport Plus: It will be paid only for the months effectively worked, not derevenging in periods of Transient Incapacity or Holiday

ANNEX III

Pay tables for 2009

Category

Base Salary

-

Euros

Antiquity/Triennium

-

Euros

Plus Transport (2)


-

Euros

Director

990.11

37.61

38

Professor

925.27

33.89

38

Officer Adm

835.75

38

Auxiliary Adm

739.21

Applicant

(1)

16,17

38

769.29

2497

38

769.29

2497

38

Cleanup

630.23

24.97

38

(1) The Applicant's remuneration will correspond to that of the Training contracts listed in Article 6.

(2) Transport Plus: It will be paid only for the months effectively worked, not derevenging in periods of Transient Incapacity or Holiday