Having regard to the text of the Collective Agreement for companies engaged in field services for replacement activities (Convention Code No. 9916925), which was signed on 4 November 2008 on the one hand, Association of Operational Marketing Companies, representing companies in the sector, and of another, by the unions UGT and CC.OO, representing workers in the sector, and in accordance with the provisions of Article 90 (2) and 3, of the Royal Legislative Decree 1/1995, of 24 March, for which the recast text of the Law of the Staff Regulations, and in Royal Decree 1040/1981 of 22 May on the registration and deposit of Collective Labour Conventions, this Directorate-General for Work, 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, January 13, 2009. -Director General of Labor, José Luis Villar Rodríguez.

NATIONAL COLLECTIVE AGREEMENT FOR COMPANIES ENGAGED IN FIELD SERVICES FOR REPLENISHMENT ACTIVITIES

I. Scope of application

Article 1. Functional scope.

This Collective Agreement lays down the basic rules and regulates the minimum working conditions among companies engaged in services for the replacement of products in Great Surfaces, but not limited, but not limited. distribution chains, hypermarkets, supermarkets and convenience stores and their employees, expressly included, for the purposes of the management, administration and planning activities of the handling activities and location of goods on the shelves, balizaje and control of expiration and inventory of the products, and verification of the correct exposure of the merchandise in the linear.

In this way the regulation contained in this Collective Agreement expressly excludes the agreement of any other that may include in its scope any of the activities included in this Convention.

This collective agreement links all companies and workers included in their field, not being allowed to be left without effect by lower agreements, individual contracts or other collective agreements or company agreements, with exception of the possibility of application of the neglect clause.

Article 2. Territorial scope and structure of the negotiation.

This Collective Agreement shall apply throughout the territory of the Spanish State to the companies and workers included in the functional field.

Given the nature of this Convention and the hierarchical level that the parties grant to it, the material regulation collected therein has the minimum right character unavailable.

It will be a preferential bargaining unit at the state level. However, their articulation may be carried out exclusively with collective agreements with a regional level. In any case, they will be specific and exclusive of the state level, the following: geographical mobility, professional classification, test periods, hiring modalities, salary structure, subrogation, disciplinary regime and health work.

The signatory parties undertake not to promote lower-scope trading units than previously mentioned and not to include subsectors of this Convention in other trading units other than those listed here. resented.

Article 3. Personal scope.

This collective agreement regulates the working conditions between the service companies described in the functional field and their workers, understanding themselves as workers to those who provide their services to the company or in places outside, but always on behalf of the service companies.

Article 4. Temporary scope and review.

The duration of this agreement is set for four years, entering into force on 1 January 2009 and ending on 31 December 2012. The economic effects shall be valid from 1 January 2009 whichever is the date of publication of the Collective Agreement.

Once the initial term is expired, it will be understood to be extended from year to year provided it is not reported by any of the parties in time and form.

The complaint must be made with a minimum of 3 months in advance of the expiration of the term of the Convention or any of its extensions and must be formalized in writing and notified to the other party and the labor authority. within the time limit set.

The conditions agreed in this Convention shall, in any event, remain until their review.

The arrears motivated by the various wage revisions during the years of the agreement will be paid by the companies within two months of the publication of the collective agreement in the Official Gazette. of the State.

The wage increase will be distributed by the company, equally or unevenly between the different salary and extranalarial concepts of the Wage Table in the Annex, but the total remuneration increase The Salary Table in the Annex will be equal for all professional categories.

Article 5. Personal guarantees.

The working conditions that are higher than those laid down in this Convention, considered as a whole and in annual computation, shall be respected individually.

Article 6. Absorption and compensation.

The conditions laid down in this Convention, whether or not they are of a wage nature, shall compensate and absorb all existing ones at the time of their entry into force, whatever the nature and origin of the same.

As the minimum conditions apply to this Collective Agreement, the higher ones previously established, examined as a whole and in annual computation, will be respected.

The economic conditions previously agreed above those laid down in this Collective Agreement shall be respected. For these purposes, the salary structure of this Collective Agreement will be established, considering the difference to the previous economic conditions as a personal complement (ad personam), both in the wage and in the extranalarial and indemnification and suplare, for the same concept.

Article 7. Binding to the entire.

Being the agreed conditions a whole organic and indivisible, this Convention shall be null and shall not take effect on the assumption that the competent authority or jurisdiction, in the exercise of the powers that be own, object or invalidate any of its covenants or do not approve the totality of its content, which must be one and indivisible in its application.

II. Organization and control of work

The organisation, management, control and monitoring of the work activity shall be solely and exclusively the responsibility of the undertakings affected by the Convention, which shall provide their own management in the implementation of such activity, with assumption of the corresponding risk.

Consequently, the undertakings affected by this Convention shall maintain the power of management over their employees and retain in respect of them the rights, obligations and responsibilities inherent in their status as a employer.

Since the activity of the undertakings is to provide services, the place of supply of the services of the workers affected by the Convention may be the place of the commercial activity of the latter, without can be regarded as workplaces, but as workplaces, with the sole and sole responsibility of the workers and the instructions and instructions issued directly from the Directorate of the undertaking in which it provides its services or services. persons designated by this.

The system of rationalisation, mechanisation and management of the work to be adopted can never be detrimental to vocational training which staff have the right to complete and improve in practice, and the legal representatives of workers in all decisions relating to technology, organisation of work and use of raw materials which have a physical and/or mental impact on the worker.

The worker will take care of the tools, tools, equipment, costumes and machines that are entrusted to him for the development of his work, keeping them in perfect state of conservation and cleaning and giving account to the company, through the Responsible Team or Supervisor who corresponds, for any faults or defects that may be in them for their knowledge and possible remedy, with the aim of maintaining the quality of the service.

Article 8. Place of service delivery and delimitation of work areas.

Given the special circumstances of mobility in which the provision of services of the workers included in the customer service group is sometimes performed, the place of execution of their work activity will be determined by the powers of organisation of the service undertaking, as well as by the production needs of the customer entered in the contract for the provision of services. In its virtue, the customer's care staff will lend their activity in any of the places of work in which the client requires their services, without the right to the accrual of diets, nor is it configured as an assumption of mobility individual geographical location, the destination of workplaces located within the same locality. For this purpose, the municipality concerned shall be understood to be the municipality in question, such as urban or industrial concentrations which are grouped around it and which form an urban or industrial macro-concentration. administratively are different municipalities, provided that they are communicated by means of public transport at intervals not exceeding half an hour, at the entrance and/or exit of the workers, or in their defect are within a radius of action 25 Kilometers from the limit of the municipality of the locality where the working centre was located client for whose service delivery contract was contracted. The staff may be changed from one working centre to another, in accordance with the powers expressed, within the same locality, if possible, for each workplace to those workers of the service who reside closest to that one.

Article 9. Geographical mobility.

In the case of transfer to job centers other than the same company that require a change of residence, when there are economic, technical, organizational or production reasons that justify them, it will be stipulated in Article 40 of the Staff Regulations.

Exhausted the legal procedures and deadlines, and once the transfer is executive, the worker will be entitled to the economic compensation for the expenses of the person and family members who live and Both have to move with it, and the transport of furniture, clothing, goods, etc.

III. Classification of staff

Article 10. Areas of activity.

The following functional or organic areas are established in relation to their correspondence in homogeneous branches. In any case, functional mobility shall take place within the group, with the limit of the suitability and fitness required for the performance of the tasks entrusted to the worker at each job, after completion, if necessary, of simple processes of training and adaptation, and within the limits laid down in Article 39 of the Staff Regulations.

Area "A": Structure area

Understanding of the set of own activities that the company's normal operation demands for its administration at all levels and levels, and configured as the management branch.

Encompasses from the functions proper to the management and organization of the most complex activity and for which it is required to be in possession of specific qualifications and knowledge, maximum responsibility and high degree of autonomy, up to those other auxiliary ones for which only elementary knowledge and responsibility and restricted initiative are required and those that do not require any specific skill or skill.

Area "B": Customer Care Area

Understanding the set of activities directly related to the direct execution of the jobs required by the client. Covering from those that require greater experience and involve a greater degree of responsibility and autonomy, to those of an auxiliary nature for which only elementary or similar professional qualifications are required.

Article 11. Professional classification.

The professional classification system is established on the basis of professional groups and functional areas. The membership of workers in the various groups will be based on professional skills, qualifications, responsibility and autonomy.

Professional groups

Group I.

1. General criteria:

Encompasses all those tasks that are executed according to specific instructions, clearly established, with a high degree of dependency, that preferably require physical effort or attention, framing both those that require professional knowledge of an essential character, such as those who do not need specific training, except for the occasional period of adaptation.

2. Training:

Experience acquired in the performance of an equivalent profession and graduate degree in Secondary Education, School Graduate or Certificate of School or certificate of having completed Mandatory Secondary Education, Vocational training of Technical or Technical Auxiliary or of having completed a program of social security or similar.

This group will integrate the positions with basic and elementary functions, being as enunciative, the following:

Area "A":

-Recadero/a.

-Cleaner/a.

-Telefonista.

-Receptionist.

-Ordinance.

Area "B":

-Reponed/a.

-Reponder/a route.

-Manipulator/merchandise.

-Peon.

-Group manager (Head/team of integrated groups of less than six reponers).

Group II.

1. General criteria:

Tasks consisting of operations carried out following a precise working method which, even when performed under precise instructions, require adequate professional knowledge and practical skills and whose liability is limited by direct or systematic supervision.

2. Training:

Degree or knowledge acquired in the performance of their profession equivalent to Undergraduate in Secondary Education, Basic General Education or Vocational Training Technical or Technical Auxiliary, supplemented by a training specific to the job.

For an enunciative title, you can integrate this group with the following jobs:

Area "A":

-Administrative Auxiliary/a.

-Computer Auxiliary/a.

-Secretary/a.

-Executive/account.

-Monitor/to services.

-Monitor assistant/a.

-Operator/computer.

-Help technicians.

Area "B":

-Coordinator/a.

-Perishables Officer.

Group III.

1. General criteria:

Autonomous execution works that usually require initiative by the workers who play them, behaving under supervision, the responsibility of the workers and being able to be helped by another or other workers.

They will also be part of this group, all those functions that involve the integration, coordination and supervision of homogeneous tasks, performed by a set of collaborators, in a smaller organizational stage.

2. Training:

Degree or knowledge acquired in the performance of your profession equivalent to Baccalaureate, Unified High School, or Vocational Training of a Technical Superior or Specialist, supplemented by training specific and/or experience dilated in the job.

For an enunciative title, you can integrate this group with the following jobs:

-Technicians.

-Administrative Officer/a.

-Head/Service.

-Head/Department.

Group IV.

1. General criteria:

Functions that involve performing complex and heterogeneous technical tasks, with defined global objectives and high degree of demand in autonomy, initiative and responsibility.

Functions that assume the integration, coordination, and monitoring of functions, performed by a set of contributors to a single functional unit.

Also included in this professional group are functions that assume full responsibility for the management of one or more functional areas of the company, based on very broad general guidelines directly emanating from its own management, to which they must account for their management, as well as functions that involve the realization of technical tasks of higher complexity and even participation in the definition of the concrete objectives to be reached in their field, with very high degree of autonomy, initiative and responsibility in that technical specialty charge.

2. Training:

Degree or knowledge acquired in the performance of your profession equivalent to Diplomates or Licentiates, completed with a specific training in the job.

For an enunciative title, you can integrate this group with the following jobs:

-Director/department or area.

-Delegate/to zone.

-Titled/top.

-Titled/Medium.

IV. Employment and recruitment

Article 12. General procurement rules.

The hiring of workers will be in accordance with the legal rules on placement, in force at each moment and the specific ones contained in the present Collective Agreement, committing the companies to the use of the different procurement models provided for in the Act, in accordance with the purpose of each of the contracts.

1. The conditions agreed upon in this Collective Agreement relate to the performance of the ordinary maximum day agreed upon in Article 33 thereof, so they shall be applied proportionally according to the effective working day.

2. All workers will enjoy the same licenses or permits, paid holidays, weekly wage regimes, extraordinary pay, option to training courses, etc., provided they are compatible with the nature of their contract in proportion of the time actually worked and of the divisible or indivisible nature of the benefits which may correspond to them.

3. Regardless of the contract mode, the probationary period shall be governed in accordance with the provisions of Article 13 of this Collective Agreement.

4. For the purposes of fixing the basic remuneration of contract workers, except in training, for days less than the time agreed in Article 33 of this Convention, the basic hourly wage for their group shall be taken as the basis for calculating the Professional.

Article 13. Test period.

A probationary period is established, within the meaning of Article 14 of the Staff Regulations:

Group I: One month.

Group II: 2 months.

Group III: 3 months.

Group IV: Six months.

The probationary period shall be agreed in writing by the contracting parties being able to resolve, during the validity of the trial, unilaterally and freely the employment relationship without the need for the notice and without the right to compensation some.

In accordance with the above, lower test periods than those mentioned in this clause may be agreed, proportional to the duration of the contract, when the contract is of a temporary nature.

Article 14. Ceses.

Workers who wish to cease voluntarily in the service of the company will be obliged to inform the company, complying with the following periods of notice:

-Managing staff and entitled: Two months.

-Technical and administrative personnel: one month.

-Staff Rest: 15 days (natural).

The failure of the worker to comply with the prior notice shall entitle the undertaking to deduct from the liquidation of the same the amount of the salary of one day for each day of delay in the forewarning, calculated on the total wage concepts that the worker was receiving at the time of the cessation.

The notice must be in writing and the company will be obliged to subscribe to the acknowledgement of receipt.

Settlements will be made available to workers within 15 days of the date of the discharge.

However, if at the time of causing a decline in the company, the worker would not have returned to the company the tools, tools, garments, documents, etc. that could have in his power and be owned by the company, the company the company may retain the settlement until the delivery of the settlement, or the value of such items shall be withheld from the settlement.

Article 15. Eventual contract.

For the purposes of Article 15 (1) (b) of the Staff Regulations, any person who has been hired by the Company for the purpose of providing services to meet the circumstances of the circumstances shall be a staff member. of the market, accumulation of tasks or excess of orders, even in the case of the normal activity of the Company.

The maximum duration of these contracts may not exceed nine months in a period of eighteen months.

If you subscribe for a lower period it may be extended by agreement between the parties, for a single time, without the total duration of the contract being able to exceed that maximum limit.

Article 16. Contract for a given work or service.

The legal status of this contract will be accommodated in accordance with the provisions of Article 15.1 (a) of the Staff Regulations and on the 2nd of Royal Decree 2720/1998 of 18 December 1998.

The contract for a given work or service shall be for the purpose of carrying out an activity (work or service) with autonomy and self-sufficiency within the business of the undertakings affected by this Convention and shall have a limited duration in time, even if its exact scope is not known in principle, but will depend on the completion of that work or service subject to procurement.

To these effects are identified as jobs or tasks with own substantive, within the normal activity of the companies of the sector, that can be covered with contracts for the realization of certain works or services, those which consist of meeting the coverage needs of a service to be provided in a given establishment (distribution chains, hypermarkets, supermarkets and convenience stores), contracted with one or more third parties, relating to a specific product section or line. In any case, the contract work or service shall be specified precisely in the work contracts.

Article 17. Work contracts in practice.

Article 11 of the Workers ' Statute will be in line with the possibility of using this type of recruitment for the staff of the structure, included in the Professional Group III of the present convention. It shall also be possible to recruit staff members of the staff of structure belonging to the Professional Group II, provided that the knowledge required for the job in question is the subject of specific vocational training. of medium or higher grade or officially recognised certification as equivalent.

The remuneration for this type of contract will be 80% and 90% during the first or second year on the salary set in the salary tables of this Convention for a worker who performs the same or equivalent job job.

Article 18. Contracts for training.

The provisions of Article 11 of the Workers ' Statute shall be established, with the following durations being established:

May be hired under this modality, to the staff included in the Professional Group I, with the exception of the recadero/a, cleaner, warehouse mozos and manipulator/merchandise (with one year old), without the percentage of such contracts may exceed 2% of the total number of employees included in that group.

The maximum duration of these contracts will be 2 years for Official and 6 month duties for the remainder.

Time spent on theoretical training may be imparted at a distance and/or concentrated throughout the term of the contract, provided that the duration of the contract has not been exhausted.

Companies using this type of training should forward to the Joint Committee of the Convention the supports containing information on the courses.

The salary for these workers will be 80% and 90% for the first and second year on the salary set in the salary tables of this Convention for a worker who performs the same or equivalent job.

Article 19. Part-time contract.

Part-time contract shall be considered when the provision of services has been agreed for a number of hours per day, week, month or year, in proportion to the working day of a full-time worker comparable.

The provisions of Article 12 of the Workers ' Statute will be provided, stating expressly that part-time workers will have the same rights as full-time workers, being proportional to their Those who, by their nature, so permit.

Since the activity of the companies affected by this agreement must be adapted to the productive needs of the different clients, this implies in practice the existence of different types of days to partial time and the existence of different types of expenditure, arising as a result of the movement from home to the various centres of work. Consequently, both parties agree expressly, that the plus of transport, shall be paid in proportion to the working time.

The company and the worker will be able to agree to the transformation of a full-time contract into a part-time contract.

The part-time contract worker who has served for two or more years shall have the right to take the first full-time vacancy at his or her work centre or in the external centre. where you perform the "provision of services" in the same post or in one of the same characteristics, and must make a prior written request within seven days of the Company publishing the vacancy.

In the event that there are several workers who comply with the above requirement, the older worker in the job center in question will be preferred, if the vacancy is not filled. the will have the longest-standing part-time worker in the company.

Additional hours may be agreed upon in part-time contracts, signed for an indefinite period. In such cases it must be formalised in writing and in an official model which is established.

Given the specific characteristics of the services that are the object of the company, the distribution and the way to carry out the complementary hours will be adapted to the real needs and modifications of the services, communicating the company with sufficient time and respecting the days and breaks established between days and weekly breaks.

It is established that the number of additional hours agreed in part-time contracts can be up to 60% of the ordinary hours contracted. In no case will ordinary hours and supplementary hours exceed the working day of a full-time worker.

The number of hours of part-time contracts will be in line with the reality of the provision of the services assigned to the worker, always maintaining the bias of the day.

Article 20. Discontinuous fixed contracts.

The provisions of Article 15.8 of the Workers ' Statute will be in place.

The order and form of the appeal of the workers fixed-discontinuous, will be the following:

The workers will be called every time the activities for which they were hired are to be carried out, and their appeal will be made in a gradual manner according to the needs demanded at each moment by the volume of work to be carried out within the period of the start of promotional campaigns or production cycles, with the exception of force majeure.

The appeal will be made in order of seniority of the workers in the company, attending to the needs of the work and will be done by groups of workers of the different geographical zones established in each company sufficient to complete an order made by a customer.

Produced the appeal, the worker is obliged to join the job.

The company is forced into that period of time that is marked as a campaign start to begin the activity in the same, except for the most duly verified force majeure assumptions.

The cessation of discontinuous fixed workers will be done gradually and in accordance with the decrease in the activity of the company, and rotatably by groups of workers, so that, the first to be hired, will also be the first to cease at work, thus ensuring that all discontinuous fixed workers provide in the company an equal number of days within each campaign or production cycle.

However, in cases where a worker is linked to a specific and individual action contracted by a client, the partial termination of a customer's contract will affect only the person/s who have been assigned that service individually. Thus, only in these cases will the order of incorporation of the workers be taken into account.

The specific obligations of the fixed-discontinuous workers will be to go to work whenever they are called to the same to carry out the tasks that are the object of their hiring. Failure to comply with this obligation during three appeals, without justification by the same, will be a valid cause of termination of the work contract.

Workers on a fixed-work contract with an age of over two years in the enterprise will have the right to take the ordinary, full-time or part-time fixed employment positions, which are produced in the workplace in the same job. As established for such purposes in the regulation of this Convention for part-time workers.

Article 21. Commitments for the promotion of stable employment.

The organizations that are signatories to this collective agreement, aware of the instability in employment through which the sector is going through the sector, see fit and necessary their contribution to favor the job insertion especially of young people, to promote stability in employment, through either the transformation of temporary employment contracts into stable contracts or by going directly to the recruitment of an indefinite contract.

Over the duration of the Collective Agreement, companies will contract/transform a number of sufficient contracts to achieve the following percentage of stable employment, in their Area-A structure staff:

2009

45% fixed employment.
Year 2010	50% fixed employment.
Year 2011	55% fixed employment.
Year 2012 and ss.	60% fixed job

The above percentages must be reached at 31 December of each of these years.

For verification, you must submit by 1 February of the following year the documentation showing such extremes to the Legal Representation of Workers in the relevant field.

V. Wage structure

The remuneration of workers falling within the scope of this Convention shall be distributed in their case between the Group Base Salary and the Complements thereto.

Article 22. Remuneration according to tables.

The economic tables shall be as set out in Annex I to this Convention.

The minimum guaranteed wages for each professional group are set out in this Annex.

The remuneration collected in the salary tables corresponds to the full day and the different salary levels corresponding to each professional group.

Article 23. Annual salary review.

During the period of validity of this Collective Agreement, the remuneration specified in Annex I shall be reviewed annually in the following terms:

Year 2009: The salaries and amounts set out in Annex I.

Year 2010: Increase of 10.5% on the concepts of the salary table in Annex I.

Year 2011: Increase of 12.74% on the concepts of the salary table for the year 2010.

This increment will be applied as follows:

January 1 increased 8.04% and the rest will be realized on December 31 with retroactive effect to January 1.

Year 2012: Actual I.P.C. increase of the previous year plus 0.5% of the total salary that will be passed on to its integrity in the base salary.

Article 24. Group Base salary.

A group base salary is defined as the worker's salary according to his or her membership of one of the professional groups described in this Collective Agreement.

The salary base salary is the annual working day agreed upon in this Collective Agreement and the legally established rest periods.

Operating staff will receive their remuneration based on the hourly wage determined by the number of effective hours of contract.

Article 25. Extraordinary pagas.

Workers will be entitled to two extraordinary bonuses per year, which will be paid on 15 July and 15 December (extra summer pay and extra Christmas pay).

The amount of each of these extraordinary rewards will be from a monthly salary allowance plus the seniority supplement.

The extra summer pay will be due from July 1 until June 30.

The extra Christmas pay will be due from January 1 until December 31.

In accordance with the provisions of Article 31 of the Workers ' Statute, the possibility of extending the payment of extraordinary rewards in the twelve monthly payments is established.

Article 26. Hourly wage.

The determination of the global wage/hour, including the payment of the proportional share of extra pay and holidays for workers who have it agreed or can be agreed as a normal payment formula, will be made dividing the annual remuneration of the Convention or the agreed higher rate by the number of annual hours provided for in Article 32.

Article 27. Salary supplements.

Wage supplements are the amounts that, if any, are to be added to the Group Base Salary for any concept other than that of the worker's annual day and its membership of a professional group.

Salary add-ons will be adjusted, mainly to some of the following modes:

A) Persons. -To the extent that they derive from the personal conditions of the worker.

B) As a job. -They are the supplements that the worker perceives fundamentally because of the characteristics of the job in which he effectively develops his service. These complements are functional and their perception depends mainly on the effective provision of work in the assigned post, so they will not be of a consolidable character.

Except for contracts concluded for the provision of service during the night day, the worker who normally carries out 3 or more hours of his working day in the period from 10 p.m. to 6 In the morning, you shall be entitled to the corresponding compensation which may be economic or for equivalent rest, to be enjoyed during the week following the provision of the service.

C) By quality or quantity of work.-consisting of the amounts perceived by the worker on the basis of a better quality or greater quantity of work, or on the basis of the situation and results of the company or an area of the same.

Article 28. Plus transport and distance.

This extra-charge is established as compensation for the travel expenses within the locality as well as from the home to the work centre and its return, produced by the worker on an annual basis for 11 months job.

The amount of the plus of transport and distance, will be fixed in the salary tables and will be paid monthly, regardless of their nature and the effective days of the month, in order that the worker does not see varied their monthly perceptions or during the holiday period.

Article 29. Displacements.

The staff who, because of the service, have to move to another locality, shall be entitled to the allowance of allowances as determined by Article 30. In the event that you do not move in a vehicle, you will have the right to be paid, in addition, the amount of the ticket in the appropriate means of transport. If the displacement is carried out on a particular vehicle of the worker, 0,18 per kilometre shall be paid.

For these purposes, the municipality in question shall be understood as a locality, such as urban or industrial concentrations which are grouped around the municipality and which form an urban or industrial macro-concentration. administratively are different municipalities, provided that they are communicated by means of public transport at intervals not exceeding half an hour, at the entrance and/or exit of the workers, or within a radius of action of 20 Kilometers from the boundary of the municipality of the locality where the center of the town was located client job for whose service delivery contract was contracted.

Article 30. Diets.

The amount of the allowances agreed in this Collective Agreement shall be:

-When the worker has to make a meal out of their locality: 6.

-When the worker has to make two meals out of his/her location: 12.

-When the worker has to stay overnight and make two meals out of town: 45.

Article 31. Settlement and payment of salary.

The settlement and payment shall be made within 10 days of the month in which the wage accrual occurs by any means provided for in the Workers ' Statute.

Article 32. Pactado Increment Inapplication Clause.

1. In order to achieve the necessary economic stability, the percentages of wage increases agreed will not be necessary and must be applied to those companies that credit, objectively and reliably situations of deficit or loss. held in the accounting years of the previous two years. The forecasts for the years of the convention shall also be taken into account.

Such effects will be a prerequisite:

(a) Communicate the workers ' representatives and the Joint Commission, their intention to avail themselves of this Article within 30 calendar days of publication in the BOE of the Collective Agreement in the first year of or its update for the next/s. This time limit is mandatory. Your failure to comply will prevent companies from availing themselves of what was agreed in this article.

b) Reach agreement on the increase to be applied in the company with the workers ' representatives in the company. The agreement reached must be submitted for full validity to the Joint Committee of the Convention so that it may file it and its faith when it is required to do so.

(c) The negotiation shall have a maximum period of 30 days from the date of notification of the undertaking to the employees ' representatives of their intention to avail themselves of the provisions of this Article.

d) In the cases of disagreement, the documentation and the proposal will be sent to the Joint Committee of the Convention to resolve within 15 days, so that its decision will have the same force as if agreement had been reached in the period of consultations. The Joint Committee shall decide whether or not the reasons for the application for non-application are justified, taking as an objective basis the documentation referred to in

following paragraph:

2. The management of the company must provide the workers ' representatives with the following documentation:

Balance sheet, the results of the reference years, with the corresponding audits, if any, and the statements of the Company Tax, which reveal the alleged results for the inapplication, as well as as the forecast for the current year. In companies of less than 25 employees, and depending on the economic costs involved, the report of auditors shall be replaced by the documentation that is accurate within those mentioned in the preceding paragraphs, in order to demonstrate, The situation of losses.

Study of the incidence of wages in the overall structure of the company.

3. The agreement reached will expressly define whether any retributive increases should be applied.

4. After the end of the period of neglect, the company is obliged to proceed to the immediate updating of the wages of the workers and, to this end, the different increases agreed in the Convention will be applied on the initial salaries. However, and without prejudice to the foregoing, the management of the undertaking and the legal representation of the employees, in the light of the economic results obtained by the undertaking, during the period of the financial year, shall be negotiation of a possible effective recovery of the increases not made at the time as a result of the implementation of the neglect.

5. With the exception of the salary increase agreed upon in a different amount from the general of the convention, or other aspects that may have an impact on the economic recovery, the rest of the agreement will be fully implemented in the company.

6. In the event that the company which is the subject of the application is part of a group of companies operating at national level and with the same activity, which is subject to the presentation of consolidated annual accounts in the Trade Register, the Joint Committee of the Convention will analyse that, as a result of this connection, the concrete results of the undertaking in question cannot be distorted, by examining, if necessary, the relevant data.

VI. Staff membership

Article 33. Subrogation.

At the time of the termination of a service lease, the customer service staff included in the Professional Groups I and II of the outgoing company, attached to the service in question, will become to the new contracting undertaking of the same undertaking, which shall be subrogated in all the rights and obligations, except in those of an economic nature, in accordance with the provisions of the third paragraph of this Article, provided that it is not the following assumptions:

(a) Active workers who provide their services in the work centre subject to the subrogation, with a minimum age of six months, regardless of the nature or modality of their employment contract.

(b) Workers who, at the time of change of ownership of the contract service, are sick, injured, in excess or in the same situation, provided that they have provided their services in the subrogation prior to the suspension of their employment contract and which meet the minimum age set in subparagraph (a).

(c) Workers who have a contract of interinity to replace one of the workers mentioned in the previous paragraph.

In any case, the contract of employment between the outgoing company and the workers is only extinguished at the time when the subrogation of the contract is entitled to the new contract.

This subrogation shall not affect the remuneration actually paid by the worker in the outgoing undertaking, where they exceed the amount paid by the incoming undertaking to its employees in the same or more employment equivalents. In this way, the incoming company will pay as a maximum to the subrogated staff, the amounts paid to its own staff, not being affected, in any case, by individual or extra-statutory covenants signed between the subrogated workers and the outgoing company.

There shall be no subrogation in respect of the individual employer or the shareholders with effective control of the company, administrators or managers of the company, spouses of the above mentioned and contract workers as fixed or discontinuous fixed and having a relationship of kinship up to 2nd degree of consanguinity or affinity with the former, except pact to the contrary.

The application of this article will be binding on the parties to which it links: a new company, a new contractor and a worker, operating the subrogation both in the event of a full day, and in the lower day.

In the event that a customer terminated the lease of services with a company, with the idea of carrying out such services with their own staff, and subsequently contract with another again the service, before after six months, the new concessionaire shall incorporate the staff concerned of the previous undertaking into its workforce, provided that the requirements laid down in this Article are met.

All subrogation assumptions referred to in paragraphs (a), (b) and (c) of this Article shall be documented by the outgoing company to the incoming company within five working days of the date of the date of the submission. in which the incoming undertaking communicates to the outgoing company in a feisty manner, the new award of the service, by means of the following documents:

-Certificate from the competent body to be in the Social Security payment stream.

-Photocopy of the last four monthly payrolls of the affected workers.

-Photocopy of TC-1 and TC-2 from social security contributions of the last six months.

-Staff relationship in which you specify: Name and surname, address, Social Security membership number, age, day, time, method of hiring, specification of the term of office if the worker is a union representative and a date for the enjoyment of your vacation.

-Photocopy of personnel work contracts affected by the subrogation.

-Copies of documents duly completed by each worker concerned in which it is stated that he has received from the outgoing undertaking his liquidation of proportional parts of his assets up to the time of the subrogation, no amount remaining pending. This document must be in the hands of the new adjudicatoria on the date of the start of the service as a new holder.

If this requirement is met by the outgoing company, automatically and without further formalities, the incoming company will be subrogated to all the staff who provide its services in the workplace.

Article 34. Information and Consultation Rights.

Both the transferring company, and the transferee company, must inform the legal representatives of the workers affected by the transfer, prior to the succession or business substitution, of the following: issues:

The certain or expected date of the handover.

The reasons for it.

The legal, economic and social consequences for workers.

Measures planned for workers.

Relationship of affected workers, including those with the suspended work contract.

Relationship of excluded workers.

In cases where there are no legal representatives of the employees, those affected by the transfer shall be informed, individually and in advance of the succession or business substitution of the content at the points in addition to the personal situation of the worker concerned with respect to his/her individual contract.

VII. Day

Article 35. Day.

The annual maximum day will be 1,826 hours of effective work. They shall be free of one day and a half, corresponding to the mandatory weekly rest. You must mediate a minimum of twelve hours between the end of one day and the start of the next day.

The weekly rest will be day and a half, which can be enjoyed, provided there is mutual agreement between companies and workers, in the following ways:

a) Uninterruptedly.

b) One day one week and two days the next.

When the day is a departure, it cannot be divided into more than two periods, with the two being a minimum of one hour and a maximum of three.

The working time for part-time workers not exceeding four hours shall be carried out on an ongoing basis.

Annually the company will develop the work schedule, and must present a copy of the work calendar in the visible place of each work center.

Taking into account that the possibility of opening certain Sundays and/or holidays will be established in the different Autonomous Communities, or that the performance of work on such Sundays and/or public holidays, will be necessary for reasons the internal organisation of the customer (inventory, linear changes, etc.), the work in those days will be compensated with rest on another day of the week. However, the number of Sundays and/or holidays worked may not exceed 75% of those authorised by the Autonomous Community concerned.

The possibility of irregularly distributing the day throughout the year according to the needs of the service is agreed, respecting the limits set out in Article 34 of the Workers ' Statute. Likewise, it is agreed that the daily ordinary day may be more than 9 hours, with respect in any case of the rest between days established in the Law.

If a service needs worker is unable to make his/her monthly assigned day, he/she will be required to make up his/her day in the following twelve months, either in the assigned center or job centers, or at any other center. that the company points out that there are real needs for service and that the location of the new job centre is within the meaning of Article 8 of this Collective Agreement or that it has not been allocated to the employee or some of those allocated in more than 50 kms.

Hours not recovered for cause attributable to the company will be remunerated. The hours not recovered by termination of the undertaking or cause attributable to the worker shall not be remunerated, and shall be discounted, where appropriate, from the corresponding settlement.

Article 36. Overtime.

You will have extraordinary time consideration for any working time that exceeds the ordinary day set on an annual basis, which may be compensated with equivalent time off or on an economic basis, according to needs production of the company.

Extraordinary hours will be voluntary, except for those made for the need to repair claims and other urgent extraordinary damages. No mandatory overtime shall be considered for the removal of expired products.

Such overtime arrangements are offset by equivalent rest time or paid in amount not less than the value of the ordinary hour, taking the following form:

If the worker in a reference month has a lower number of hours worked than the proportional share of which he would have worked at such a year on an annual basis, he/she must compensate the company in the following months as expressed in the previous article.

If the worker in a reference month has a higher number of hours worked than the proportional share of which he would have worked at such date of the year in annual calculation, the company must pay the excess of such hours of such month as overtime, not by computing the overtime paid for the next month's computation.

However, given the nature of the company's activity, the workers undertake to complete the work corresponding to the service originally assigned, which are initiated before the end of the ordinary working day of the job.

Article 37. Night time.

It is understood as night work to be carried out between 22 and 6 hours, provided that a part not less than three hours of its daily working day takes place between that time slot and up to the maximum of the normal day monthly. Such night work shall be paid as a general rule by way of compensation under Article 36.2 of the Staff Regulations.

Article 38. Holidays.

Workers affected by this Convention will enjoy 31 calendar days of holidays per year. Workers with more than one year's seniority will be entitled to enjoy a holiday period of 15 in a row during the months of June to September.

The period for the enjoyment of the annual holiday shall be during the calendar year to which its accrual corresponds, and may be divided into two periods of 16 and 15 days respectively, provided that there is agreement between the parties and ensure in any case the proper provision of services.

If the worker is due to leave before 31 December of the year in which he has enjoyed the holidays, the corresponding settlement will be deducted from the amount of the days in excess.

In the case of temporary contracts of less than six months, the amount of the holiday may be paid in a pro rata manner along with the rest of the remuneration.

The start of holiday enjoyment is on a business day, so the enjoyment period will be from that first business day to the day immediately before the entry into the job.

VIII. Paid leave

Article 39. Paid leave.

The staff covered by this agreement will be able to enjoy the following paid leave:

-Fifteen calendar days uninterrupted by getting married or duly registered couples in the corresponding register. In the case of successive marriages of the same worker, such leave may not be enjoyed again until a minimum period of two years has elapsed since the previous permit. The moment of enjoyment of the marriage permit will begin on the same day of the ceremony and will extend to all of the following days.

-Two calendar days, by birth of a biological or natural child, which may be extended to four days when the birth occurs in a province other than that normally resident in the worker and more than 200 km. distance.

-One day to attend the wedding of relatives to the first degree of consanguinity.

-Two calendar days, expandable to four, if the event occurs in a province other than the place of work and more than 200 km. away, in case of death, illness involving hospitalization, or surgical intervention without hospitalization that requires home rest, from relatives to the second degree of consanguinity or affinity, except in the case of the death of the spouse, parents or children, who will be at the point of the next point.

-Four days in cases of death of the spouse, parents or children, including at this time possible displacements.

-One day per move from your usual address.

-For the time indispensable for the fulfillment of an inexcusable duty of public and personal character, provided that it is incompatible with the working hours, and should be understood as such:

The exercise of active suffrage.

Participation in an electoral table, as president, voice, financial controller, or proxy for an electoral candidacy.

The intervention as a member of a jury.

Arraignment as a witness in civil, criminal or labor trial.

Trial assistance as a plaintiff in a process if the worker has been summoned for the interrogation test.

The performance of a public office for which you have been elected, appointed or appointed.

An inexcusable duty of a public and personal nature shall be understood as an indispensable time:

For the exercise of active suffrage, a maximum of four hours, reduced proportionally for workers with reduced working hours.

For participation in an electoral table as president, voice or controller of an electoral candidacy, on the day of the vote if this is labor and a reduction of the working day of five hours the day immediately back.

For participation in an election table as a proxy for an election bid, on the day of voting if this is a job.

For the performance of a public office, the time required for attendance at the sessions of the Corporation's plenary session, or of the Commissions and attention to the delegations of which the interested party is a party or part.

-To perform trade union or staff representation functions, in legal or conventionally established terms.

-Workers, who are breastfeeding for a child under nine months of age, will be entitled to one hour of absence from work, which may be divided into two fractions. The duration of the permit to increase proportionally in multiple birth cases.

The woman, by her will, will be able to substitute this right, for a reduction of the normal working day in half an hour for the same purpose or to accumulate it in a period of 14 calendar days, and this for both staff of structure and customer service. This permit may be enjoyed either by the mother or by the parent in the event that they both work having to prove that the mother does not enjoy such time by means of a company certificate.

-For the time indispensable for the conduct of prenatal examinations and preparation techniques for delivery, prior notice and justification of the need for their realization within the working day.

-Who, for reasons of legal guardian, has a direct care of any less than eight years or a person with physical, mental or sensory disability, who does not carry out a paid activity, shall be entitled to a reduction of the working day, with the proportional decrease of the salary between at least one eighth and a maximum of half of the duration of that.

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

The reduction of working hours referred to in this paragraph 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 time-frame and the determination of the period of enjoyment of the breastfeeding permit and the reduction of working time, as provided for in the preceding paragraphs, will be the responsibility of the worker, always within the time frame of the company. The worker must notify the employer in writing 15 days in advance of the date on which he/she will return to his/her ordinary day.

All these paid leave will be requested as far as possible and subsequently documented to the Personnel Service for the reasons that prompted it.

IX. Suspension of the contract of employment

Article 40. Excess.

1. (a) a worker with at least one at the age of one year in the undertaking has the right to be recognised as being on a voluntary basis for a period of not less than four months, and no longer than five years. This right may be exercised only once by the same worker if four years have elapsed from the end of the previous leave.

2. Maternity leave. -Workers, provided that they so request in writing to the company thirty days in advance, shall be entitled to a period of leave of absence, not exceeding three years, to take care of the care of each child, both when they are by nature such as by adoption, or in the case of a permanent and preadoptive acceptance, from the date of birth or, where appropriate, of the judicial or administrative decision.

The successive children will be entitled to a new period of leave of absence which, if any, will end the one who will be enjoying themselves. If the parent and the parent work, only one of them can exercise this right.

The indicated three-year period for applying for leave shall be counted from the date of birth, the corresponding judicial or administrative decision.

The period of leave shall be counted for the purposes of seniority and the worker shall be entitled to the job retention during the first year of the job or up to a maximum of 15 months or 18 months in the case of large families of general and special category, respectively. After that period of time, the surplus worker retains only a preferential right to the reentry into the vacancies of the same or similar category to his or her which would have been or were produced in the company.

The worker's application for reinstatement must be made in writing at least 30 days in advance.

The written application of both the request for leave and the incorporation of the job must be answered equally in writing by the company.

3. Leave for a trade union position. -Every active worker who has been elected to a trade union position at the regional, provincial or higher level shall be entitled to be recognised as a trade union surplus. The application for leave must be submitted in writing at least 30 days in advance.

This surplus will be extended by the duration of the charge for which you have been elected.

The period of leave will count for the purpose of seniority and the retention of the job, so that the surplus worker will automatically join his or her job as long as he/she requests it within the thirty days after the date of termination of the charge.

4. Leave of absence for family care. Workers shall also be entitled to a period of leave of absence, of not more than two years, in order to attend to the care of a family member, to the second degree of consanguinity, or affinity, which for reasons of advanced age, accident, disease or disability, cannot be used by itself, and do not carry out paid activity. The application for leave must be submitted in writing at least 30 days in advance.

If two or more workers at the same centre, generasen this right by the same causative subject, their simultaneous exercise may be limited for justified reasons of operation of the same.

In addition, when a new deceased person is entitled to a new period of leave, the commencement of the new period shall end to the one who, where appropriate, has been enjoying himself.

The period of leave for family care shall be computable for the purposes of seniority and the worker shall be entitled to vocational training courses, to whose participation the Centre's Directorate shall be convened, especially on the occasion of its reinstatement. During the first year, you will be entitled to the reservation of your job. After that period the reserve shall be referred to a post of the same professional group or equivalent category.

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

The worker's application for reinstatement must be made in writing at least 30 days in advance.

X. Vocational training

In accordance with the provisions of Article 23 of the Workers ' Statute, and in order to facilitate their professional training and promotion, the staff affected by this Convention shall be entitled to provide the studies for the production of officially recognised academic or professional qualifications, the carrying out of vocational training courses organised by the company itself or other bodies.

Article 41. Training.

Professional training in the company will be oriented towards the following objectives:

A) Adaptation of the holder to the job and to the modifications of the job.

B) Updating and updating of the professional knowledge required in the category and job.

C) Specialization, in its various degrees, in some sector or subject matter of the work itself.

D) Facilitate and promote the acquisition by the staff of academic and professional qualifications.

E) Professional Reconversion.

F) Knowledge of national and foreign languages.

G) Adapting the mindset of staff to a participatory direction.

H) Extension of workers ' knowledge to enable them to thrive and aspire to professional promotions and acquisition of knowledge corresponding to other jobs.

The Joint Monitoring Committee for the Convention shall draw up the general plan for annual vocational training, taking into account the objectives set out in the previous Article and the implementation and outcome of the plan. periodicity and how the plan itself is determined.

The training of the staff will be carried out through the company itself or by means of concert with official or recognized centers, preferably being carried out in the premises of the company itself.

Training will be provided, as the case may be, within or outside the workday. Staff attendance will be mandatory when given in hours of work.

The staff of the company and especially the one who performs the job of the organic command, is obliged to lend its full support to the training plan, when required, in activities of the same, and in the area of its competence.

Article 42. Accession to the Fourth National Training Agreement.

The parties to the present Collective Agreement adhere to the contents of the Fourth National Training Agreement in order to promote the personal and professional development of workers, thereby contributing to the economic efficiency and the quality and competitiveness of each of the companies.

Enterprise Training Plans, Enterprise Groups, and Sectoral.

In order to enhance the training of workers in the sector, the Joint Committee of the Convention will draw up a proposal for priority criteria for the functional area annually. Such a proposal shall be submitted for consideration by the Joint Sectoral Trade Commission or if the integration into it is not to be approved as own criteria of the scope.

The signatory parties undertake to promote in the sector a separate Sectoral Plan of a tripartite nature in the different annual calls, which will be discussed by the Joint Committee of the Convention.

Information about the legal representation of workers.

The signatory parties will collaborate through the Joint Commission of the Convention in which the companies comply with the information duties of the Plans to the legal representation of the workers and in the resolution of any discrepancy that the Report of the same may arise.

Participation criteria in the Training Plans.

The signatories assume a commitment to increase the number of hours dedicated to continuing training and the total number of participants in the training courses during the duration of the Convention.

Workers ' attendance at continuing training courses will be voluntary.

In the light of the different schedules of part-time workers and with special days in the sector, the most possible adaptation of the schedule of the courses will be sought in the programming of the training.

Continuing training in the framework of Plans funded under the National Continuing Training Agreement will be taken into account for the purposes of professional promotion in the enterprise.

XI. Security and health

Law 31/1995 of 8 November on the Prevention of Occupational Risks and Law 54/2003 of 12 December, on the reform of the regulatory framework for the prevention of occupational risks, represent a significant step forward with regard to the previous situation in the field of occupational health. The parties to the present agreement convinced that the entry into force of this legislation with the rank of state legislation constitutes a positive element that makes it possible to develop a general policy on the health of workers. commits that the prevention of occupational risks should be the focus of priority attention on any other aspect of the development of work activity.

The companies affected by this collective agreement will have the power to go to the grants of the Foundation for the Prevention of Occupational Risks, in order to obtain the benefits granted by this one.

You will also have the right to apply for and obtain the benefits granted by the Working Accident Mutuals in the field of training or in any other action and/or activity you are promoting.

Finally, the parties accept the management through the Mancomunado Prevention Service of the sectorial association to which the companies assigned in this agreement belong.

Article 43. Health Surveillance.

The employer shall ensure that the workers at their service are regularly monitored for their health, in the light of the risks inherent in the work, in the terms provided for in Article 22 of the Law on Risk Prevention. Labor.

Medical examinations shall be voluntary for workers and specific to the risk factors to which the worker is exposed, using the protocols for the health surveillance of workers. workers to be drawn up by the Ministry of Health and Consumer Affairs. Such recognition shall be made available to workers within the maximum period of one month from the date of the initial recruitment of such workers.

The confidentiality of all information related to the health of the worker will be guaranteed and the right to privacy and dignity of the worker will be respected, not using this data for purposes. discriminatory.

Article 44. Coordination of business activities in the field of Occupational Safety and Health.

Since a very important number of workers affected by this Convention, in particular those of the Area called Customer Care, carry out their activity in third-party work centers, the signatory parties of this Convention agree on the need for all necessary information measures to be implemented with regard to compliance with the rules on the prevention of occupational risks in such centres, and in particular the risks This is the case for workers in the sector, who are associated with the labour centre. plans of the companies where the service is provided.

The protection of workers constitutes a basic and priority objective of the parties to this Convention, both parties consider that in order to achieve this, the establishment and planning of a series of preventive actions in the field of action of each of the undertakings affected by this Convention, preventive actions which will aim at the elimination of the risks at source, and the reduction or control by the relevant evaluation of all those that could not be eliminated. To this end all the necessary measures will be taken both in the correction of the existing situations and in the technical and organizational evolution of each company for the adaptation of the work to the person and thus to protect him in an efficient way occupational risks.

These preventive actions will be based on the following principles:

1. The risks to the health of the worker will be prevented by avoiding their generation with the elimination of the risk factor or the risk in itself and at the moment of being identified. No interest of any kind will ever be of interest, preventing their elimination, reduction or control.

2. In any modification of the process or tasks it will be ensured that the new technology or production processes do not generate new risks. When new technologies are introduced, all preventive measures will be added to avoid potential risks that could be caused by the new implantations.

3. The company will guarantee to the workers at its service the periodic monitoring of their health status based on the risks inherent to the work they perform and tools that they use, and in the terms foreseen in the Article 22 of the Law on the Prevention of Occupational Risks.

The information collected as a result of this surveillance, as provided for in the law, will always respect the right to privacy of the worker.

4. Regarding maternity protection, the company will take the necessary measures to prevent the exposure of workers in pregnancy or recent birth to the risks identified in the assessment to which they are Article 16 of the Law on the Prevention of Occupational Risks, which may affect the health of workers or the unborn child, through an adaptation of the conditions or working time of the affected worker, in the intended terms in Article 26 of the said law.

5. The companies in order to comply with the duty of protection established in the Law on the Prevention of Occupational Risks, will take the appropriate measures so that the workers receive all the necessary information in relationship to that provided for in Article 18.

6. The members of the Security and Health representation bodies that could be established in this agreement in accordance with the Law on the Prevention of Occupational Risks, should be informed of all those decisions. on the new technologies as well as the systems of and implementation organisation of work that could have an impact on the physical and mental health of the worker.

7th. The employer will have to make the effort necessary and take the necessary measures to adapt to a new job in line with the current situation of the worker, to all those who for any cause could be or suffer in the a future physical or psychic disability. In the case of a pregnant worker whose doctor prescribes a change of job on the grounds of her condition, she shall adapt to other tasks, respecting her economic situation.

8. The companies affected by this agreement, will be responsible and will require the companies of the center of work, the information regarding the risks of such centers of work that may affect the activities of their workers. Those companies which hold the work centre which do not have their occupational risk assessment correctly carried out shall not be able to receive services from workers of undertakings affected by this agreement.

9. In all situations, where work in shifts or at night, according to the definition laid down in ILO Convention 171, is necessary and indispensable, the measures necessary to mitigate the effects of the negative effects on the health of workers. These measures will cover all the recommendations made by ILO Conventions 171, in Articles 4, 7 and 10, for these situations. Similarly, in the case of toxic, explosive or any type of substances which could be dangerous, the method of replacing them with other innocuous substances will be considered in the first place, and in the case of non-substitution they will be taken all the time. prevention measures that are accurate, without ruling out any.

Article 45. Workwear.

Companies are obliged to provide the appropriate uniform to the job to be performed by the employees, when, by the nature of the functions carried out, it is necessary, in order to ensure safety and individual protection of workers, who in turn will be obliged to use, during the performance of their work, the elements provided by the company, as well as their care.

XII. Trade union rights

The companies affected by this Convention shall respect the right of all workers to be free of charge and not to discriminate or to make the employment of a worker dependent on the condition that he does not take hold or give up his union membership

Article 46. Powers of the trade union delegate.

The union delegate must be an active worker in the respective companies, designated in accordance with the statutes of the central or union to whom it represents and will have the following functions:

-Represent and defend the interests of the union to whom it represents and the members of the company itself and serve as an instrument of communication between its trade union centre or union and the direction of the respective union companies.

-They will be able to attend the meetings of the business committee, safety and health committee and joint committee of interpretation with voice but no vote.

-They will have access to the same information and documentation that the company must make available to the business committee, in accordance with the law, being obliged to keep professional of the materials in those that are legally applicable.

-They will be heard by the company in the treatment of those problems of a collective nature that affect the workers in general and the members of the union.

-You will also be informed and heard by the company with the following character:

About layoffs and penalties that affect union members.

In terms of the restructuring of the workforce, the regulation of employment, the transfer of workers when it is a collective or a work-centre in general and, above all, a project of business action that can affect substantially to the interests of the workers.

The implementation or revision of the work organization system and any of its possible consequences.

-They will be able to collect fees from their affiliates, distribute union propaganda, and hold meetings with them, all outside of effective working hours.

-In order to facilitate the dissemination of those notices that may be of interest to the respective members of the union and to the workers in general, the company will make available to the union, whose representation is the delegate, a notice board, which must be established within the undertaking and in a place where, as far as possible, it is ensured that all workers have access to it.

-In the case of meetings, both parties, as regards the procedure, will adjust their conduct to the current legal regulations.

The rights recognized in Articles 43 et seq. of the Convention are without prejudice to the rights of all trade unions to the Organic Law on Freedom of Association.

Article 47. Guarantees from the trade union delegate.

The union delegate will hold the same guarantees and rights as recognized by law, to the members of the business committee.

Article 48. Union quota.

At the request of the employees affiliated to the central or trade unions holding the representation referred to in this paragraph, the companies will discount the monthly payroll of the workers the amount of the union fee corresponding. The worker concerned in carrying out such an operation shall forward to the management of the undertaking a letter in which he shall clearly express the order of discount, the central or union to which he belongs, the amount of the fee, and the number of current account or savings book to which the corresponding amount must be transferred. The undertakings shall carry out the following actions, unless otherwise indicated, during the one-year period.

The company's management will submit a copy of the transfer to the union representation, to which the worker is affiliated with the case that such representation exists in the company.

Article 49. Functions of the business committee.

In each work centre with a census of over fifty workers, a business committee will be set up.

Without prejudice to the rights or powers granted by law, the following functions are recognized to the works councils:

Being informed by company management:

a.1. Quarterly on the general evolution of the economic sector to which the company belongs on the evolution of the business and the situation of production and sales of the entity, on its program of production and probable evolution of employment of the company.

a.2. Each year it will know and have at its disposal the balance sheet, the results account, the memory and in case the company reviews the form of society by actions or participations of how many documents are made known to the partners.

a.3. Prior to their execution by the undertaking on the restructuring of templates, total or partial closures, final or temporary, and the reduction of working time, on the total or partial transfer of the business premises and on the business training plans of the company.

Depending on the subject matter:

b.1. On the implementation and review of work organisation systems and any of their possible consequences, time studies, facilities of premium systems or incentives and job valuation.

b.2. On the merger, absorption or modification of the legal status of the company, where this implies any impact affecting the volume of employment.

b.3. The employer shall provide the business committee with the model or models of contract of employment which he habitually uses, the committee being entitled to make the relevant claims to the undertaking and, where appropriate, the competent labour authority.

b.4. On penalties imposed for very serious misconduct and, in particular, on dismissal.

b.5. With regard to statistics on the index of absenteeism and its causes, accidents at work and occupational diseases and their consequences, the rates of accidents, the movement of income and unemployment and promotions.

Article 50. Choice and command.

Staff delegates and members of the business committee shall be chosen by all workers by means of personal, direct and secret suffrage, which may be issued by post in the form set out in the call for tenders. election.

The term of office of the staff delegates and the members of the business committee shall be four years, and may be re-elected in successive electoral periods.

Only delegates and members of the business committee may be revoked during their term of office, by a decision of the employees who have elected them, by means of assembly called for at least one third of their electors and by a majority of them by means of personal, free, direct and secret suffrage. However, such revocation may not be carried out during the processing of a collective agreement or be reconsidered until at least six months.

Article 51. Monthly hours credit.

Staff delegates and members of the business committee shall have for the exercise of their functions of representation, a credit of paid monthly hours according to the following scale:

Up to 100 workers: fifteen hours.

From 101 to 250 workers: twenty hours.

From 251 to 500 workers: thirty hours.

From 501 to 750 workers: thirty-five hours.

From 751 onwards: forty hours.

100% of the trade union hours of the delegates of the same trade union may be accumulated in one or more delegates, for this purpose only the assignment in writing of the delegate that yields them and to which delegate is transferred will be necessary. Such cumulation shall be made on a monthly basis and shall be communicated to the undertaking in the last five days of the preceding month.

XIII. Social improvements

Article 52. Temporary Disability.

Companies will supplement temporary disability benefits up to 100% of the remuneration concepts included in the salary tables of this Convention, provided they result from an accident at work and the duration of the In this case, the supplement from the first day of the discharge is observed in such case.

XIV. Disciplinary regime

Article 53. Fouls and Sanctions.

The company may sanction the actions or omissions punishable by the workers in accordance with the graduation of the faults and penalties provided for in this Chapter.

The actions or omissions that the worker incurs may be sanctioned by the company according to the criteria and the graduation established in the Law of Infractions and Sanctions of the Social Order.

Any failure committed by a worker shall be classified, taking into account its importance and significance, in light, severe or very serious.

Minor fouls.-The following are considered minor faults:

1. The sum of punctuality in attendance at work when it exceeds fifteen minutes in one month.

2. Do not take appropriate leave in due time when the work is lacking for justified reasons, unless it is proved impossible to have done so.

3. Discussions with other workers within the company's premises, provided that it is in the presence of the public.

4. Lack of toilet and personal cleaning, occasional, when such a nature can affect the production process and image of the company.

5. Do not attend to the public with due diligence and correction.

6. Important neglect in the conservation of the genera or the material of the company.

7. The faults of respect and consideration of a slight character to the subordinates, companions, controls, staff and public, as well as the discussion with the same ones within the working day and to use malsonant and unseemly word with the same.

Serious faults. The following are considered to be serious faults:

1. The sum of punctuality faults in the work attendance when it exceeds thirty minutes in a month.

2. Simulate the presence of another worker by signing or signing for him.

3. Use for their own use items or articles of the company, or remove them from the premises or premises of the company unless there is authorisation.

4. Perform, without the appropriate permission, particular jobs during the working day.

5. Inattendance at work without proper authorization or justified cause of two days in 6 months.

6. The commission of three minor faults, even if of different nature, within a quarter and having mediated sanction or admonition in writing.

7. All conduct, in the field of work, which seriously undermines respect for privacy and dignity through verbal or physical offence of a sexual nature.

8. The continuous and usual lack of toilet and cleaning of such a kind that could affect the production process and image of the company.

9. The abandonment of work without justified cause. If, as a result of this, serious injury to the undertaking or risk to the integrity of the persons is caused, this failure may be considered to be very serious.

10. The disobedience to the management of the company in any matter of work. If there is a manifest breach of the discipline at work or of the subject matter for the undertaking or persons, it may be classified as serious or serious misconduct according to the damage caused.

11. Failure to comply with the safety and health standards established by the company, the customer or the Grand Surface where services are provided, where such non-compliance can be derived or a non-serious risk for itself or for third parties.

12. Failure to attend the work safety courses proposed by the company.

Fatal faults.-The following are considered to be very serious:

1. Missing more than two days of work without proper authorization or cause in a year.

2. The simulation of illness or accident.

3. Fraud, disloyalty or breach of trust in the arrangements entrusted, as well as in dealing with workers or any other person in the service of the company in relation to work with it, or to conduct trade or industry negotiations on behalf of the company or another person without express authorization from the company, as well as unfair competition in the company's activity.

4. Make the company disappear, disable or cause damage to the company's materials, tools, tools, machinery, appliances, installations, buildings, articles and documents.

5. Theft, theft or embezzlement committed to the company, as well as to colleagues or any other person within the premises of the company, the customer or the Grand Surface where services are provided, or during the day work anywhere else.

6. Violate the secret of the correspondence or reserved documents of the company, or reveal to persons strange to them the contents of these.

7. Cause frequent scuffles and pendences with coworkers.

8. Lack of respect or consideration for the public.

9. Any conduct in the field of work, which is prevaliant in a hierarchical position, seriously atents to respect for privacy and dignity through verbal or physical offense of a sexual nature.

10. The commission by a superior of an arbitrary fact that involves the violation of a legally recognized worker's right. In the event that a serious injury is derived for the subordinate, it will constitute an aggravating circumstance for the subordinate.

11. The drunkenness in the job.

12. Do not voluntarily surrender to the company the previously agreed service albarans or documents for the justification of the work done and its results.

13. The ill-treatment of word or deed, the lack of respect and consideration of Superiors, co-workers, clients and the general public.

14. Failure to comply with the safety and health standards established by the company, the customer or the Grand Surface where services are provided, where such non-compliance may result or lead to a serious risk to itself or to third parties.

15. Do not use the individual protection equipment supplied by the company or use equipment not authorized by the company (e.g. forklifts and stackers), as well as not to observe the defined protection procedures.

16. The recidivism in a serious fault, even if it is of a different nature, provided that it is committed within six months of the first occurrence.

Article 54. Sanctions regime.

It is for the company's management to impose sanctions in the terms stipulated in this Convention. The penalty of minor, serious and very serious faults will require written communication to the worker, stating the date and the facts that motivate it.

For the imposition of sanctions, the procedures provided for in the General Legislation will be followed.

Article 55. Maximum penalties.

The sanctions that may be imposed in each case, taking into account the seriousness of the misconduct, will be as follows:

1. No. For minor faults. -Amonstation in writing. Suspension of employment and salary up to three days.

2. No. For serious faults. -Suspension of employment and salary of three to fifteen days.

3. No. Very serious. -From the suspension of employment and salary from sixteen to sixty days until the termination of the contract of employment in the cases in which the lack was qualified to its maximum degree.

Article 56. Prescription.

The faculty of the company's management to sanction will prescribe, for minor faults at ten days, for serious faults at twenty days and for those very serious at the age of sixty days, from the date on which it had knowledge of his or her commission and, in any case, six months after he has been committed.

XIV. Equality

Article 57. Gender equality.

All conditions that are agreed upon in this convention in any matter will equally affect both sexes.

Article 58. Equal Opportunities and Non-Discrimination.

According to the provisions of Law 3/2007, for the effective equality of women and men, companies are obliged to respect equal treatment and opportunities in the field of employment, and to this end, they will adopt measures aimed at preventing any kind of employment discrimination between women and men, measures to be negotiated and, where appropriate, agreed, with the legal representation of workers, in the form to be determined in labour law.

In the case of companies of more than 250 employees, the equality measures referred to in the previous paragraph should be directed to the elaboration and implementation of an equality plan, with the scope and content established in this Chapter, which shall also be the subject of negotiation in the form specified in the labour law.

The plans for equality of enterprises are an ordered set of measures taken after a diagnosis of the situation, aimed at achieving equality of treatment and equal opportunities between women and men in the enterprise. to eliminate discrimination on grounds of sex.

The equality plans will set the concrete objectives to be achieved, the strategies and practices to be adopted for their achievement, as well as the establishment of effective systems for monitoring and evaluating the objectives set.

In order to achieve the objectives set, the equality plans will include, inter alia, the areas of access to employment, vocational classification, promotion and training, remuneration, and the organisation of working time. to promote, in terms of equality between women and men, the work, personal and family reconciliation and prevention of sexual harassment and harassment on grounds of sex.

Equality plans shall include the whole of a company, without prejudice to the establishment of appropriate special actions in respect of certain workplaces.

XV. Retirement

Article 59. Retirement at the age of sixty-four.

As a measure of employment promotion, it is appropriate that workers aged 60 to four years who wish to benefit from early retirement provided that they meet the corresponding requirements for lack and contribution to do so, in this case the undertaking required to replace it in the form and conditions which are regulated by Royal Decree 1194/1985 of 17 July in its Articles 1 and 2.

Article 60. Promotion of Employment. Retirement.

1. Within the employment promotion policy, retirement shall be compulsory when the worker is 65 years of age, unless he/she has agreed between the undertaking and the worker, undertaking the undertakings affected by this agreement, to cover, posts which for this reason will be vacant in the same professional or other category of a similar or lower category, which have been created by transformations of the said vacancies.

2. The retirement age provided for in the preceding paragraph shall be without prejudice to the fact that every worker is able to complete the periods of retirement age, in which the compulsory retirement shall be completed on completion of the worker's retirement. such periods of absence in the contribution to Social Security.

Article 61. Partial retirement.

The worker who so wishes, when he or she meets the age provided for in Article 4 of Law 40/2007 of 4 December, of Measures in the Field of Social Security, will be eligible for partial retirement, with a contract of part-time work. Once brought to the attention of the company by the workers who meet the requirements required by the legislation in force, their desire to benefit from the partial retirement, as referred to in the art. 12.6 of the recast text of the Workers ' Statute and Law 40/2007 of 4 December, which, provided that the organisational needs of the service permit, is committed to putting all the means at its disposal to deal with such a request, as well as, to proceed with the recruitment of the alternate worker or reliever, provided that the conditions and characteristics of such a relay are possible in accordance with applicable law.

XVI. Mixed Committee

The two negotiating parties agree to establish a Joint Commission as an organ of interpretation of any rules of this agreement, their report being mandatory for any collective conflict, and must be resolved within 15 days. carried out the approach to them, as well as the monitoring of compliance with the present Collective Convention, based at C/ Capitan Haya, No. 58,

.

the Joint Committee will be composed of 4 representatives of the trade union organizations that are signatories to the Collective Agreement, and 4 representatives from the business community. The Commission may also be interested in the services of occasional or permanent advisers in all areas of their competence, who will be freely appointed by the parties.

The matters submitted to the Joint Committee shall be of an ordinary or extraordinary nature. It shall give such qualification any of the parts of it. In the first case, the Joint Commission will have to resolve within 15 days and in the second five days.

They will proceed to convene the Joint Commission, regardless of any of the parts that make it up.

Functions.

The following are specific functions of the Joint Commission:

1. Interpretation and development of the Collective Agreement.

2. It will carry out tasks to monitor compliance with the agreement, and in particular of the mandatory provisions inserted in the Convention.

3. If positions or functions are created in the future on the basis of discrepancies in order to work for the same in one of the Professional Groups, the Joint Commission will be equally competent to resolve it.

The parties to this Convention agree to accede to the Agreement on Extractive Solutions of Labor Conflicts. (ASEC)

Final disposition.

Within three months, computed from the date of publication of the Convention, the company will proceed to the classification of the workers according to the groups and levels established in this Convention, to adapt its receipts of salaries to the remuneration concepts set out therein, and to regularise remuneration in accordance with the agreed table.

ANNEX I

Pay tables

Salaries 2009

IV

	groups	Base salary	Plus transport	Monthly Total	P. P. Pagas	Annual Total
Group I	637.76	58.67	696.43	106.29	9.632.70
Group II	679.05	58.67	737.71	113.17	10.210.66
Group III	722,81	58.67	781.47	120,47	10.823, 30
769.19	58.67	827,86	128.20	11.472, 70

Salaries 2010

Group III

Group IV

	groups	Base salary	Plus transport	Monthly Total	P. P. Pagas	Annual Total
Group I	704.73	64.83	769.56	117.45	10.644.13
Group II	750.35	64.83	125.06	125.06	11.282.78
798.70	64.83	863.53	133.12	11.959, 75
849.96	64.83	914.78	141.66	12.677, 33

Wages 2011

IV

	groups	Base salary	Plus transport	Monthly Total	P. P. Pagas	Annual Total
Group I	794.51	73.09	867.60	132.42	12.000.20
Group II	845.94	73.09	919.03	140.99	12,720,21
	Group III	900,46	73.09	973.54	150.08	13.483, 42
958.24	73.09	1.031.33	159.71	14.292, 43

ANNEX II

Category assimilation box With activity areas

Category/Position

I

I

B

II

II

II

Group	Area
	I		I
A	I		I
	I
Reponed/a		I
	I	B
	B
B
Peon	I	B
Responsible	I	B
Administrative Auxiliary/a	II	A
Auxiliary computer/a	II	A
Secretariat	II	A
A	II
II	II	A
II
II	A
helpers	II	A
	B
B	II	II	II	B
Technicians	III
Officer/a
III	A
Chief of Service	III	A
III		A
Director/department or area	IV
IV	IV
IV		A
Medium/Medium	IV