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Resolution Of 2 December 2004, From The General Directorate Of Labour, By Which Registration Is Available In The Registration And Publication Of The Collective Agreement Of State Level For The Industries Of The Tanning, Belts And Leather Industrial And...

Original Language Title: Resolución de 2 de diciembre de 2004, de la Dirección General de Trabajo, por la que se dispone la inscripción en el registro y publicación del Convenio Colectivo de ámbito estatal para las Industrias del Curtido, Correas y Cueros Industriales y ...

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TEXT

Having regard to the text of the State-wide Collective Agreement for the Industries of Curtid, Correas, and Industrial Leather and Curtition of Pelters (Convention Code No. 9901465), which was signed on 26 July 2004 by the Spanish Confederation of CEC-FECUR Curters representing companies in the sector and the other by the union organizations UGT and CC.OO representing the affected labor collective and in accordance with the provisions of the Article 90 (2) and (3) of the Royal Decree of Law 1/1995 of 24 March, for which the approves the recast text of the Law of the Workers ' Statute and Royal Decree 1040/1981 of 22 May on the registration and deposit of collective labour agreements. This Directorate-General for Work resolves:

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

Second. -Dispose your publication in the Official State Gazette.

Madrid, 2 December 2004. -Director General, Esteban Rodríguez Vera.

COLLECTIVE STATE-WIDE LABOUR AGREEMENT FOR THE TANNING, BELT AND INDUSTRIAL HIDES AND SKINS INDUSTRIES FOR FUR SKINS FOR THE YEARS 2004-2005-2006

CHAPTER I

General rules

Article 1. Territorial scope.

This Convention is of compulsory application throughout the territory of the Spanish State.

Article 2. Functional scope.

The Convention obliges all the tanning industries, industrial belts and hides and skins for fur skins.

Article 3. New installation companies.

The Convention also requires new installation companies to be included in their scope.

Article 4. Total obligation.

The companies concerned will be in full, except as indicated in Article 5, on a personal basis.

Article 5. Personal scope.

Affects all the people who work in the companies included in the functional scope, as well as the staff that are part of the respective templates of those companies.

Except for persons referred to in Article 1 (c

of the E.T.

Section 2. th Vigency, duration, extension, rescission and review

Article 6. Effective.

This Convention shall enter into force on the date of its signature, although it shall have full effect from 1 January 2004, subject to the provisions laid down for certain matters.

Article 7. Duration.

This Convention shall expire on 31 December 2006.

Article 8. Termination and review.

The denunciation of the Convention shall be made one month in advance of its expiration, extending from year to year, if it does not mediate the express denunciation of the parties, except in the economic aspects.

Section 3. Compensation, absorbability and "ad personam" guarantee

Article 9. Nature of the agreed conditions.

The agreed conditions form an indivisible organic whole and the effects of its practical application will be considered globally.

Article 10. Compensation.

The conditions set out in this Convention will be fully offset against those previously governed by the functional scope of the companies concerned, by virtue of legal imperative, case law, administrative-administrative, collective bargaining agreement, agreement of any kind, individual contract, etc.

Consequently, in their own terms, the rules, conventions and agreements that the companies have, without any changes that would be necessary to ensure the perception of the economic conditions of the This Convention shall, in annual global computation and in respect of all the concepts paid, and, in the case of incentives or premiums, up to 40 per 100 to optimum activity. They will not be compensable:

a) Holidays longer than those agreed in this Convention.

b) Working day less than that established in this Convention. (c) Cash compensation for compulsory labour costs. (d) Plus transport compensation and allowances. (e) Special conditions relating to accidents, sickness and maternity in excess of those agreed upon, considered as personal. (f) supplementary pension schemes which may be established by undertakings. g) Uses and customs of each area, locality and company.

Article 11. Implementation in the economic order.

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

Article 12. Absorbability.

In view of the nature of the Convention, future legal provisions involving economic variation in any of the existing remuneration concepts or the creation of new ones will only be effective if, The total level of these will be exceeded, and will be taken into account in the Convention and in annual accounts. Otherwise, they will be considered to be absorbed by the improvements established in this Collective Agreement and will continue in force on their own terms.

The total economic improvements to this Convention relate solely and exclusively to the performance called normal on the day set out therein.

Article 13. "ad personam" warranty.

Personal situations that exceed the pact in its global content and in annual computation will be respected, strictly maintained "ad personam".

Article 14. Minor pacts.

Collective agreements or covenants negotiated in any field other than this Convention shall at least ensure the annual global economic conditions set out in this Convention.

Article 15. Clause for non-application of the wage regime.

The wage increase agreed in this Convention may not be applied in whole or in part only in the case of companies whose economic stability may be damaged as a result of such an application. Such economic stability will only be considered to be damaged when the application of the increase can cause irreparable damage to the economy of the company as forecast.

In order to benefit from such inapplicability, the company must make the request before the trade union representatives and the Joint Committee of the Convention within 30 days of the publication of the Convention in the Bulletin Official of the State; if no union representatives exist, the company will directly make the request to the Joint Commission, accompanying, in any case, the following documentation:

(a) The justification for the application.

(b) Documentation showing the cause invoked, which will necessarily include the one presented by the company to the official bodies (Ministry of Finance, Commercial Registry, etc.), referring to the last two years. c) Alternative wage proposal and possible recovery pact.

The parties may reach agreement within a period of 15 days which may be notified to the Joint Committee of the Convention to acquire full effectiveness.

If no agreement is reached within the company, the matter will be raised to the Joint Committee of the Convention, which will be competent to resolve in the final analysis and, where appropriate, to set the alternative salary conditions. If the Joint Committee fails to reach an agreement, it shall refer the matter to arbitration. The arbitrator shall be appointed by the Joint Committee within 15 days of the date of the decision in which the disagreement is established. The agreements on inapplicability reached by the trade union representatives and the company ratified by the Joint Commission, those reached by the Joint Commission and the arbitration awards will be unenforceable and enforceable.

Section 4

Article 16.

In the event that the competent court, in the exercise of its own powers, does not approve any of the essential covenants of the Convention, it would be without practical effectiveness, having to be reconsidered. total content.

CHAPTER II

Joint Commission

Article 17. Joint Commission for Interpretation, Surveillance and Mediation.

For the interpretation, monitoring and mediation of this Convention, a Joint Commission is hereby established.

This Commission is composed of:

(a) Two persons from the General Union of Workers, two from Comisiones Obreras, and four from the Spanish Confederation of CEC-FECUR Curtators, and their corresponding alternates, appointed from among those who formed the Commission Negotiator of the Convention.

(b) The members of the Joint Committee may be incorporated into the subjects to be dealt with by both representations, with a voice but without a vote.

The scope of the Joint Commission's action will be the same as the Convention, being able to meet anywhere in the Spanish State, as well as to appoint commissions or papers to act in areas, geographical areas and In order to intervene in specific cases, they shall be composed of at least four persons representing business and two for each trade union centre, of which the Joint Committee is formed.

Article 18. Functions of the Joint Committee.

This Commission will have the following specific functions: (a) Interpretation of the application of all the clauses of this Convention.

b) Monitoring of compliance with the agreement. (c) any other than, where appropriate, the provisions in force in the field of collective agreements and concordant provisions, and others which are enacted in the future. (d) This Joint Committee shall ensure that the correct procedure is followed in the implementation of the work systems. (e) Monitoring and control of clandestine work, and at home: The Joint Committee shall be informed of the clandestine work carried out in the undertakings and at home. The specific functions of this Commission include the one defined on the reality of the situations of secrecy and of the non-compliance with the legal regulations in force for the work at home. (f) Any other activities which tend to be the most practical of the implementation of the Convention.

Article 19. Procedure for calls and meetings.

1. The business and trade union representatives may submit to the Commission any matter in the field of their competence, addressing it, stating in a reasoned opinion, that it be placed on the agenda of the next meeting. meeting the subject matter.

2. The Commission shall compulsorily meet when any of the parties convoke it. 3. The Commission shall meet at the local and local level to indicate and enable it. 4. In order to be validly constituted, the Commission must be present at least three members of the social representation and three other members of the business. 5. The Joint Committee shall be united on the day and place indicated in the call, and shall understand the subjects covered by it, adapting the agreements deemed appropriate. If any issue raised outside such an entity is specified by the parties concerned to be specified or clarified by the parties concerned, the Commission shall, within seven days, give them to the Commission or to the Commission or to the delegated he shall travel to the place of the problem and, after analysing the views of the parties, shall issue by a majority the decision which he considers appropriate, to which the parties must submit, without prejudice to the administrative or legal proceedings which could exercise. 6. The minutes of the meetings of the Joint Committee in plenary or by committee or by delegation shall be lifted, in accordance with the agreements obtained and the positions, if any, of each of the representations.

Article 20.

The functions of the Joint Committee will not impede the free exercise of actions in the administrative and legal jurisdictions provided for in the existing legal provisions, except as provided for in Article 15.

Article 21. Guarantee by the Joint Committee.

The components of the Joint Commission will be taken into account for the hours spent in meetings of the Joint Commission as if they were actually worked.

CHAPTER III

Article 22.

1. This agreement lays down the procedures for the settlement of disputes between the addresses of undertakings and the persons working in them or their respective representative organisations of the tanning industry.

2. The following are left out of this agreement: the conflicts over Social Security; and those in which the State, Autonomous Community, Diputations, Councils or agencies dependent on them are prohibited from the transaction or avenence.

Article 23. Collective conflicts.

1. They shall be subject to the voluntary dispute settlement procedures covered by this Chapter in disputes or disputes involving a plurality of persons, or in which the interpretation, the object of the divergence, it affects supra-personal or collective interests.

2. For the purposes of this Chapter, collective conflicts shall also be those which, however, may be promoted by a person, but their solution is extensible or generalizable to a group.

Article 24.

The voluntary procedures for the settlement of disputes are: (a) An agreed interpretation within the Joint Commission of Interpretation, Surveillance and Mediation.

b) Mediation. (c) Arbitration.

Article 25.

1. The mediation procedure shall not be subject to any pre-established procedures, except for the designation of mediation and the formalisation of the agreement which, where appropriate, is reached.

2. The mediation procedure shall be voluntary and shall require the agreement of the parties, which shall record the differences, designating the mediator and indicating the management or démarches to which they are to function. A copy shall be forwarded to the Secretariat of the Joint Committee. 3. The appointment of the person carrying out the mediation shall be made by mutual agreement between the parties, preferably between the experts included in the lists approved by the Joint Committee. 4. Without prejudice to the above paragraphs, either party may refer to the Joint Commission for its good offices to promote mediation. This proposal will be made by the Joint Committee to the parties in conflict by offering them mediation. In the absence of such a request, where there are fundamental reasons for doing so, the Joint Committee may, acting unanimously, agree to address the parties urging them to seek a solution to the dispute through mediation. 5. Solution proposals that are offered in mediation to the parties may be freely accepted or rejected by them. In the event of acceptance, the agreement achieved will have the same effectiveness as the agreement reached in collective agreement. Such an agreement shall be formalised in writing and shall be submitted to the competent labour authority for the purposes and within the time limit laid down in Article 90 of the Staff Regulations, where appropriate.

Article 26.

1. By means of the arbitration procedure, the parties to the dispute voluntarily agree to entrust a third person and to accept in advance the solution which is dictated by their differences.

2. The agreement of the parties promoting arbitration shall be formalized in writing, shall be referred to as an arbitration undertaking and shall include at least the following:

Name of the designated person.

Issues that are submitted to the arbitration award and the deadline to dictate it. Address of the parties concerned. Date and signature of the parties.

3. Copies of the arbitration commitment shall be made to the Secretariat of the Joint Commission and, for the purposes of constancy and publicity, to the competent labour authority.

4. The designation shall be free and shall be subject to impartial expertise. The appointment shall be carried out in the same manner as that referred to in Article 25 of this Agreement. 5. Once the arbitration commitment has been formalised, the parties shall refrain from any further proceedings on the matter or issues subject to arbitration. 6. Where a collective dispute has been submitted to arbitration, the parties shall refrain from striking or closing the employer for the duration of the arbitral proceedings. 7. The arbitral proceedings shall be characterised by the principles of contradiction and equality between the parties. People who will be able to request the help of experts, if necessary. 8. The arbitral decision shall be binding, immediately enforceable and shall give a reasoned decision on each and every question set out in the arbitration agreement. 9. Persons who shall act jointly shall communicate to the parties the decision within the time limit set out in the arbitration undertaking, and shall also notify the Secretariat of the Joint Committee and the competent labour authority. 10. The decision, if appropriate, shall be the subject of deposit, registration and publication in the same way as those provided for in Article 90 of the Staff Regulations. 11. The arbitration decision shall be the same as the effectiveness of the collective agreement. 12. The arbitration procedure referred to in Article 25 of this Agreement shall apply.

Article 27. Joint Committee.

For the purposes of this chapter, the Joint Committee will have the powers and powers already mentioned, and in the main the following: (a) Approve an operating regulation.

b) Set the list of persons to arbitrate and mediate. (c) Encourage the use of these procedures as a means of concertation and a solution to the conflicts of work. (d) To disseminate the content of the agreed. (e) To analyse the results of these procedures in the light of studies and reports prepared by the Secretariat of the Joint Committee.

CHAPTER IV

Organization of the job

Section 1.

Article 28.

The practical organization of work, as provided for in this Convention, corresponds to the management of the company, which will carry it out through the regular exercise of its powers of management and control of the work in a coordinated way with the company's work prevention service, which will advise the management on the preventive activities to be carried out for the proper protection of health and safety.

Without the authority that corresponds to the company or its legal representatives, the union representation will be heard in everything related to the organization and rationalization of the work. The organization of work includes the points listed below, in a non-exhaustive way, but merely enunciative:

1. The requirement for normal activity and, consequently, for the minimum performance established.

2. The award of the machinery or the task necessary for the development of activity 3. The fixing of the permissible waste and quality indices throughout the manufacturing process. 4. Surveillance on the care and cleaning of the machinery, which will be done within the working day. 5. The mobility and redistribution of personnel, according to the needs of the organization and the production, respecting the salary for all the concepts achieved, without prejudice to their professional training and the necessary period of adaptation which, at most, will be six months. In cases of individual transfer from one job to another, the following shall be taken into account:

(a) During the period of adaptation, where necessary, the professional salary plus the incentives that he may continue to receive in his previous job will be respected.

(b) During the three-month period, from the date of the end of the adjustment period, where applicable, the rates/ratios of incentives in their place of provenance shall be respected where such tariffs are applicable. are superior to those who are in their new position.

6. To carry out during the period of the work organization the modifications in the methods of the same, rates, distribution of the staff, change of functions and variations in the machines and the materials that facilitate the comparative study with reference situations or the technical study in question.

If, during the trial period, higher than normal activities are obtained, they will be paid in accordance with the rates established during the trial period, and the total amounts to be charged for this concept must be regularised. The rates are approved. In the event that the tariffs do not come to be definitively established, the higher activity shall be paid in proportion to that which exceeds normal activity. 7. The adaptation of the workloads, yields and rates to the new conditions resulting from the change of operating methods, manufacturing processes, change of materials, machines or technical conditions of the same.

Article 29. Functional mobility.

In order to improve the competitiveness of the sector, taking into account the needs of the company at any time, the parties to this Convention recognize a broad functional mobility, without prejudice to legal guarantees and legislative amendments.

Article 30.

Companies will adopt a clear and simple way of calculating the remuneration to make it easily understandable.

Article 31.

The organization of work will take into account the following principles and definitions: Normal activity at work is one that develops an average person, aware of his responsibility, with a constant and reasonable effort, without excessive physical and mental fatigue, with effective protection in the area of safety and health, without the encouragement of a remuneration for incentive and under a competent direction.

This activity is the one that in the different and most common measurement systems corresponds to the rates of 60, 75 and 100.

Article 32.

Optimal activity is the maximum that can be developed by an average person, without prejudice to their professional life and health.

This corresponds to the previous measurement systems with the indices 80, 100 and 133.

Article 33.

The amount of work to normal activity is the average person who performs such activity, including recovery time.

Article 34.

The amount of work to optimal activity is the one that a person performs to such an activity, including recovery time.

Article 35.

Normal performance is the amount of work that a person performs in an hour of normal activity.

Article 36.

Optimal performance is the amount of work that a person performs in an optimal activity time.

Article 37.

Machine time is the one that uses a machine to produce a quantity of task under certain technical conditions.

Article 38.

Normal time is spent by a person in a given operation to normal activity, without including recovery time.

Article 39.

Limited work is the one in which the person cannot develop the optimal activity throughout his/her time. The limitation may be due to the work of the machine, to the fact of working as a team or to the conditions of the operating method. For the purposes of remuneration, the waiting times of the persons due to any of the above limitations will be paid as if the normal activity is worked.

Article 40.

In the limited work, the optimum production will be obtained considering that the minimum production time is the machine time increased to the amount of machine work stop performed in optimal activity. The interference of machines or equipment shall be calculated in the appropriate cases.

Article 41.

The actual template is made up of people who are part of the company at any given time.

Article 42.

Any vacancies that occur for any cause shall be freely amortised, except where the vacancy occurs by wrongful termination.

Article 43.

The initiative for the establishment of systems of organization or control of production, as well as incentive of the work, corresponds to the company and will be able to refer to its totality, to certain sections, or centers or places of work, or to homogeneous units of work.

When the partial implementation of a measured time work system increases workloads in another section or above normal performance, it will be mandatory for the system to be applied in the latter.

Article 44. Procedure for the implementation of work systems.

Paragraph 1. In the establishment and revisions of the system of work organization, as well as of the system of incentive to measured times, the report of the Committee of the Company or the Delegates of Personnel will be required, according to the (a) The company may at any time carry out the corresponding studies for the determination of times, using any of the techniques that exist. In order to carry out these studies, it will not require any prior processing, although the Company Committee will be informed of the subject matter, without this being mandatory for the company in terms of its application.

Once the studies have been completed, and if they are to be used to modify the working conditions or remuneration of the staff, the affected will be informed at least one week in advance of the probationary period; request the presence of the Staff Delegates or the Business Committee. The new studies will undergo experimentation for a maximum period of ten weeks. (b) Finished the trial period, the company shall provide the Business Committee or Staff Delegates with the reasoned study of the same. In the absence of a business committee, or staff delegates, the trade union federations which appoint the persons concerned shall be provided with the legal representation of the persons concerned within the maximum period of 15 days from the date of receipt. workers, assisted by their trade union federation, will show their agreement or disagreement with the established system. (c) In the event of conformity or silence in this respect, the approved system shall enter into force the following day. (d) In the event of disagreement, the reports from both parties shall be forwarded to the Joint Committee of the Convention, in order to decide whether the correct procedure for the implementation of the system has been observed. (e) In the event of disagreement with the resolution of the Joint Committee, Article 41 of the Treaty shall be subject to the provisions of Article 41 of the Treaty, without prejudice to the possibility of the parties to the mutual agreement being subject to the arbitration procedure laid down in Article 26 of the Treaty. Present Convention.

Paragraph 2. In the application of a system of incentives to production, account must be taken, among other factors, of the following:

a) The necessary period of adaptation to the working method.

b) The implementation by the company of the method. c) The perfect division into elementary sequences of the works to be timed. (d) the definition of the level of quality required at work and corresponding to the requirement subsequently. (e) The number of hours actually worked per week shall be taken into account.

Paragraph 3. In the review or implementation of new incentive schemes and during the trial period, the company must guarantee to its staff the average of the incentives they would have obtained in the previous 90 days of effective working in normal working hours.

During the probationary period, the worker cannot be punished for not reaching the minimum required, when the causes are external to the same or imputable to the system itself.

Section 2. Res and incentives

Article 45. Performance agreed.

1. The normal performance that corresponds to the so-called normal activity is the minimum required performance, and the company may determine it at any time, without the failure to do so or to be interpreted as leaving this right.

2. The remuneration for normal performance is determined by the salary of this Convention. 3. To establish incentives, it must be based on normal performance. In those enterprises where a system of incentives is in place, they will be absorbed by the salary of this Convention to the extent that it corresponds to normal performance, which is the minimum required by the Convention. 4. Incentives may be collective (by section, chain, groups, etc.), or individual, as determined by the company. 5. Where a job is difficult to measure, a percentage of indirect valuation shall be required for the application of this incentive to such staff, provided that their activity is higher than usual, consistent with the the result provided of the incentives equivalent to their professional category. 6. Companies that have an incentive system in place may review it when the amount of work to be carried out exceeds 40 per 100 of those indicated for normal performance. 7. Companies may limit, or reduce proportionally and even abolish incentives, on an individual basis, for lack of aptitude or interest and attention, objectively demonstrated, detrimental to production or failing to fulfil their obligations in the field of for the prevention of risks, without prejudice to measures which may be applicable to the case. 8. The incentives may be suspended in general, by sections or on an individual basis where the realities pursued by the system cannot be achieved as a result of the absence or reduction of work in the undertaking, or the repair or reform of the facilities, with the approval of the labour authority. In such cases, the remuneration corresponding to normal performance plus the increases in seniority shall be collected.

Article 46. Review.

The review of times and yields should be carried out in the following cases: (a) By reform of industrial or administrative methods or procedures, in each case.

(b) When the calculation or measurement was made in a manifest and undoubted manner. (c) Where the returns obtained by the person exceed 140 or their equivalents on other scales. (d) in the case of the absence of the above cases, by agreement between the undertaking and the Committee.

In the event that a qualified person has several tasks of different trades and is not able to measure his or her work in any of them, the remuneration for the post shall be the responsibility of the post. This is a top-class job.

CHAPTER V

Hiring and employment

Article 47. Recruitment.

In terms of employment and employment contracts, it will be up to the legal provisions and conventional rules of greater rank if there are to be a general and a special nature, as well as the provisions of this directive. convention, with the interrelation that for such rules establishes Article 3 of the Statute

In compliance with the obligations laid down in Article 8 of the E.T. for any contractual mode, the contract of employment must be made in writing by stating at least the place of the benefit employment, professional level and salary, which will be the one established in the Convention, as well as the notification of these contracts to the trade union representatives, so that those made in fraud of the law will be considered indefinite to all the effects.

Article 48. Fixed staff.

Fixed staff will be considered to be an indefinite contract, which is a permanent part of the workforce covering normal production needs throughout the year; the staff will also be considered as permanent staff. persons hired under the indefinite contract mode for the promotion of indefinite contracting regulated by the legislation in force.

Article 49.

Companies will be able to submit to applicants for practical, psychotechnical and medical examinations that they consider appropriate to check their degree of preparation and skills.

Article 50. Test periods.

A probationary period may be arranged in writing, in which case the worker's income shall be deemed provisional until he has complied with it; this period shall in no case exceed the following periods of time: (a) For technical persons entitled: Six months.

b) Administrative staff: Thirty days. (c) Trade and non-qualified personnel: Thirty days. d) Other workers: Three months.

The probationary period is fully enforceable provided that it is written in writing, unless the companies decide to give up all or part of it, either by stating in writing in the contract of employment or by giving up the same in writing during its course.

During the trial period, both the company and the contracted person may unilaterally withdraw from the employment contract without notice or right to compensation. The probationary period shall be computable for the purposes of seniority and during that period it shall have the same rights and obligations as the rest of the company's template.

Article 51. Cesses volunteers.

Persons who wish to cause a voluntary decline in the service of the company will be obliged to communicate to it, in writing, and with the following periods of notice: (a) Personal management and technical tasks: two months.

b) Administrative staff: 30 days. c) Staff: 15 days.

Failure to comply with the notice periods indicated will result in a penalty equivalent to the days of delay of the communication, and the company may discount the delay of the accruals to be paid as a result of its low concept of finiquito.

Article 52.

Companies are obliged to give due publicity, in the knowledge of their staff, of the call for vacancies to be produced in the different occupational groups or jobs and the date of commencement of the vacancies. tests.

All promotions, excluding the cases provided for in Article 53, will be carried out among the company's staff who opt for the place, provided they meet the conditions for their performance, demonstrated through the training tests, which will be judged by a Commission established within the company and made up of two representatives of the company and two of the business committee, or staff delegates.

Article 53.

They will have access to the vacancies of Encharged/a or Head of Section the persons who enjoy the trust of the company exercise a qualified trade and complete their theoretical knowledge prior examination of aptitude before the court (a) the company appointed by the company, at least the practical knowledge of the workshop and technology necessary for the performance of his/her position. Those who are in possession of vocational training qualifications shall be exempt from such examination to any degree.

Article 54. Diminished capacity.

Companies will engage staff whose capacity has decreased by age or other circumstances, before retirement, by directing them to work appropriate to their conditions. A preference shall be given to persons unable to work as a result of an accident at work or a professional illness which is liable to be paid to the undertaking. In order to place the disabled, they will have the preferences set out in their specific regulations and the companies of more than 50 people hired will have to reserve at least 2 per 100 of their staff.

In a manner compatible with the legal provisions, the companies will provide the places of goal, concierge, surveillance, etc., with persons who by default physical, illness or advanced age cannot continue to perform their trade with normal performance and provided that they are not entitled to allowance, pension or own means of subsistence. The coupled staff will receive the salary according to the category they perform.

Article 55. Transfer of work centre or machinery.

Without prejudice to the provisions of Article 40.2 of the E.T., in the transfer of a working or machinery centre and in the event of disagreement between the legal representation and the management of the undertaking, the following points shall apply: 1. In case of transfer of the machinery or work centre to another locality, the company, at least six months in advance, shall be obliged to give notice to its representatives and to the staff concerned, which shall have the right to choose between the transfer, by receiving compensation for expenses, or to terminate his contract by means of the indemnity which is fixed as if it were a dismissal authorized by a labour or economic crisis, except for a more favourable arrangement with the undertaking. In the first case, it must be occupied in the new locality, receiving the compensation corresponding to the costs of the transfer, staff and other family members, as well as the furniture and other household goods.

2. In such a notice, the company's management must detail in writing the following points:

a) Place where you plan to move the work center.

b) Possibility or non-housing in the new location and conditions of your rental or property. (c) Fixing of a maximum of three months for the response of the staff concerned.

The time limit for incorporation into the new job may not be less than thirty days.

3. In the event that the shipment is not accepted, the company will pay you compensation as if it were authorized for technological or economic reasons. 4. In the event that the company did not make the transfer for justified reasons, and someone would have incurred expenses also justified for the purpose, it will be ' compensated for the damages caused, checked and appreciated. 5. Without prejudice to the enforceability of the transfer, the person who has not opted for the termination of his contract shall be displeased with the business decision, may challenge it before the competent jurisdiction.

Article 56.

The cases of evident and proven force majeure or destruction of the work center are excepted from the notice period.

In case of a launch as a result of judicial or administrative decision, the notice will coincide with the date of the firm notification; in case of non-compliance by the company, the deadlines set in articles These must be met with the payment of their perceptions.

Article 57 Possible contract due to circumstances of production.

These are the contracts which aim to meet the market's circumstantial requirements, the accumulation of tasks or orders, new or extraordinary work in excess of the normal business activity, even if the usual activity of the same.

Taking into account the temporary characteristics and circumstances in the sector's activity and in accordance with the provisions of the legislation in force, the contracts to be concluded for these reasons, which cannot be covered by the discontinuous fixed or fixed assets, may have a maximum duration of 6 months, continuous or alternate, within a period of 12 months in the calendar year since the beginning of the contract. Only a single extension will be possible if the initial contract does not reach the maximum expected duration. During the 12-month period in the calendar year referred to in the preceding paragraph, no more than one contract of this modality may be made for the same job in which a contract has already been concluded for this mode. exhausted the maximum duration provided for in this Article. This contractual mode shall be entitled to the compensation provided for any contracts, in proportion to the duration of the contract. During the exclusive validity of the Convention, undertakings and trade union representatives may, by mutual agreement, extend the maximum duration provided for in the Convention to 9 months.

Article 58. Contract for a given work or service.

These are those contracts whose object is the realization of a particular work or service, with autonomy and its own substance within the activity of the company not directly related to the productive area of the same and whose execution, although limited in time, is in principle of uncertain duration.

Companies will inform the union representation of the causes and object of these contracts in good time when they affect the production area of the company. Contracts shall be sufficiently identified for the work or service which is the subject of the procurement and shall be entitled to the compensation provided for in the legislation in force.

Article 59. Contract of interinity and relief.

1. In accordance with the legislation in force, the contract of interinity is the one whose object is the replacement of persons with the right to reserve the job.

In such contracts, which will be formalized in writing, the name of the replaced person will be entered and the cause of the replacement, in such a way that upon completion of the said cause and the return of the replacement, the contract of interinity, unless the interim person continues to provide his services for the undertaking, in which case it shall become fixed. 2. Taking into account the characteristics of the sector and the possible processes for the renewal of templates which can be produced in companies, the use of the replacement contracts is of interest. To this end, during the period of validity of this Convention, the undersigned organizations shall disclose among the undertakings concerned the characteristics of this type of contract in order to facilitate their use. The contract of relief is associated with the partial retirement of a person from the company and is therefore a flexible contract modality, which combines a number of advantages, both for the companies and for the people affected. Companies allow them to carry out renewal processes of the templates through the partial replacement of the staff close to the retirement age, by other persons, either temporary or who are already employed in the company, or unemployed New income. At the same time, staff close to the retirement age allow them to be partially accessible and, at the same time, employment is encouraged. It is understood by a person who is relieved that he or she has a reduction in his working day and his/her salary between a minimum of 25 per 100 and a maximum of 85 per 100, provided that he fulfils the general conditions required for the The right to the pension contributory pension of the S.S. And you are missing, at most, 5 years to access it, according to the legally established age. This person shall have a part-time contract for the new working day agreed, which may be at least 15 per 100 and which may be concentrated in a specific time period of the year. This contract, and its remuneration, will be compatible with the pension that the S.S. recognizes to the person as a partial retirement, extinguishing the employment relationship at the time of the total retirement. In order to be able to carry out this contract with such staff, who have not yet reached retirement age, the company must simultaneously conclude a contract for the replacement of a person in a situation of unemployment or have a contract of duration determined in the same company (reliever). In the event of relief, the company may make an indefinite or duration contract equal to the amount of time left to the person who is replaced to reach the total retirement age. As for the day, the contract of relief may be full or part-time. In any case the duration of the day shall be at least equal to the reduction of the day agreed with the person replaced or relieved. The work schedule of the relievist may be completed by the replacement or simultaneous. The job of the reliever may be the same as the replacement or a similar one. Any legislative modification in relation to this contractual modality that occurs during the term of this Convention shall be automatically understood to be incorporated in this Regulation.

Article 60. Training contracts.

The practical contract is the one aimed at facilitating the professional practice of young people with qualifications. It may be concluded with those in possession of a university degree or vocational training of a medium or higher degree or officially recognised as equivalent, in particular those awarded by the schools of tanning at present or be promoted in the future by the sector, which enable for the professional exercise, within four years, or six when the contract is designed with disabled persons, following the termination of the corresponding studies.

Its duration may not be less than six months and not more than two years, and in no case shall the carryovers which may be carried out up to the maximum of its duration be less than six months. The remuneration shall be 60 per 100 for the first year of the contract and 70 per 100 for the second year of the salary fixed in the salary tables of the Convention for the staff performing the same or equivalent post. work. The contract for training may be concluded with persons aged 16 years and under 21 years of age who lack the qualifications required to carry out a traineeship contract, the maximum age limit shall not apply in the cases provided for by the contract. the law. They are excluded as learning work which is included in group 5 of the professional nomenclator. Its duration may not be less than 6 months and not more than two years, with the extension being extended to a maximum duration of at least 6 months. Their remuneration is fixed in the salary tables of the Convention for apprentices according to the effective working time.

Article 61. Fijo-discontinuous contract.

Given the particularity of the sector in having a seasonal or cyclical activity, the parties agree to establish the regulation of work contracts of a fij-discontinuous character according to the following characteristics: The person who is hired to carry out fixed and periodic works within the normal volume and activity of the company, during periods of activity with uncertain start and duration.

In the case of discontinuous work repeated on certain dates, the regulation of the part-time contract concluded for an indefinite period shall apply. It is established as the maximum limit of the annual day of this type of contracts 90 per 100 of the ordinary day for continuous fixed fixed in agreement for each calendar year. The provision of services from fixed fixed assets will be based on the production needs of the companies, the month of the foreseeable start and end of each period or seasonal production cycle should be fixed in the contract. The company, within the foreseeable month of the beginning of the campaign fixed in contract, must pre-notify or call the persons in need at least 15 days in advance. Once the service has been started and the business as a function of its productive needs requires more people, they must be called at least 3 days in advance. If a person is called to provide his/her services and does not go to work or duly justify such absence in advance of the date of incorporation into the work, he/she will automatically voluntarily terminate his/her contract of work with the company. If the person concerned is providing services in another undertaking and justifies that circumstance in good time and in good time, a new period of notice shall be granted to him for the purpose of extinguishing or suspending his relationship with the other undertaking. company complying with the relevant notice periods, and without prejudice to the company being able to call the following on the call list. If it does not occur after the new notice period, it will automatically cause voluntary leave to terminate its employment contract for all purposes. The staff will be called in the order and the form that is determined in this article, being able, in case of non-compliance, to claim in procedure of dismissal before the competent jurisdiction, beginning the deadline for it from the moment to have knowledge of the lack of convocation. The order of call of the persons hired under this contractual modality will be carried out according to the productive needs of the company according to the seniority in the hiring and by productive sections of the own company, The cessation of the productive activity for which they were hired is going down. Copies of the lists or order of appeal shall be sent to their representatives. The posts of section headquarters and managers may have a prior call of at least one week. Discontinuous fixed contracts which exceed their maximum working day for 2 consecutive or 4 alternate campaigns will become continuous fixed. In any case, the vacancies which occur among the staff of the full-time fixed staff, must be covered by a preference for fij-discontinuous staff of the same or similar professional group and fitness. The remuneration of discontinuous fixed assets shall be per hour effectively worked, including the proportion of extra pay and benefits, weekly rest, holidays and holidays, in relation to the annual salary of the continuous fixed of the respective group and professional level. As long as all fixed-discontinuous contracts are not provided, the company will not be able to contract any of the same section and specialty. Any who are hired during 2 consecutive or 4 alternate campaigns for periods longer than 6 months will be subject to the condition of discontinuous fixings. This measure shall apply from the date of entry into force of this Convention, without taking into account pre-existing periods of temporary employment prior to the entry into force of the Convention. As not provided for in this Article, the legislation governing part-time contracts and discontinuous fixed contracts shall apply.

Article 62. Part-time contract.

The contract of employment shall be deemed to be part-time when the provision of services has been agreed for a number of hours per day, week, month or year of the day of full-time work comparable.

Part-time contracts may be of indefinite duration or determined in cases where this mode of employment is legally permitted, except in the case of contracts for training. It is established as a limit of 90 per 100 of the ordinary working day fixed in the Collective Agreement for each year of its full term, including the additional hours. The contract must be completed in writing and the number of ordinary working hours per day, week or year contracted and its distribution in an indicative manner must be included in the contract. Part-time staff shall have the same rights and equal treatment in employment relationships, except in the case of limitations arising from the nature and duration of their contract. By agreement between the undertaking and the trade union representatives on the same, and in accordance with Article 12 (5) of the Staff Regulations, the number of additional hours provided for in that provision may be extended from 15 per 100 to 25 per cent. 100 of the ordinary hours covered by the contract, as well as extending from the quarter to the semester the module to be taken into account for the distribution of the number of complementary hours agreed.

Article 63. Temporary work enterprises.

Making contracts available with temporary work companies will only be used to cover occasional and exceptional productive needs of companies due to accumulation of tasks, excess orders, pre-selection or interinity, without the use of this mode of recruitment to fill vacancies which would have occurred in the last 12 months by unfair dismissal or termination of a fixed-term contract, and also not for completion of particularly dangerous activities or work.

The user company will assume the labor and social security responsibilities imposed on it by law in this type of contract, making the persons hired under this modality their work under the same conditions as the user's own company. In order to be able to use this type of procurement, companies will have to have exhausted the possibilities of hiring through the modalities of discontinuous fixed, eventual and determined work or service, with their limited a month if there is no agreement with the trade union representation; in the event of an agreement, the parties shall determine the maximum duration of such contracts, in accordance with the laws in force. This limitation on the duration of the contracts for making available will enter into force on 1 December 2002.

Article 64. Subcontracting of activities.

In the case of subcontracting industrial activities corresponding to the activity of the principal undertaking both in its own work centre and outside it shall be as expressly stated in this Convention. and in current labour law.

When the subcontracted activity is performed in the main company's own work center, it will be responsible in accordance with Article 42.2 E.T., regarding compliance by the subcontracted company of the companies. working conditions and occupational safety and health conditions laid down by the legislation in force and the present Convention. If the activity is carried out in the centre other than that of the main undertaking, the principal undertaking shall be obliged to monitor that the subcontractor undertaking complies with the working conditions and occupational safety and health conditions laid down in both Article 42 and the present Convention. In the field of information to trade union representatives, the provisions of Article 42.4 of the E. T.

Article 65. Monitoring of recruitment.

Annually, preferably during the first quarter of the year, an analysis of the production carried out, of the evolution of the hiring and the modalities used, as well as of the subcontracting takes place in the companies of the sector and ETTs, used during the previous year and the forecasts for the same.

CHAPTER VI

Economic Conditions

Article 66. Salary.

The salary tables for 2004, with effect from 1 January, will be the ones that will be increased by a 2.3 per 100 to those that were applicable in December 31, 2003, once revised according to the article 61 of the previous convention.

The salary tables thus calculated are set out in Annex I to this Convention. The salary of the apprentices will be the one set out in Annex I for 100 per 100 of the day. Review clause: For review purposes, it is part of an inflation forecast for the year 2004 of 2 per 100. In the event that the Index of Consumer Prices (CPI) established by the National Statistics Institute records at 31 December 2004 an increase of more than 2 per 100, a wage revision will be carried out as soon as it is established. officially that circumstance in excess of the indicated figure, thus serving as a basis of calculation for the salary tables of the following year, paying, during the first quarter of the year 2005 the difference that could result, with retroactive effect from 1 January 2004. The salary tables for the year 2005 and 2006, with effect from 1 January of each year respectively, will be those that result from increasing to the tables of the previous year, once revised in accordance with the actual CPI, if applicable, the CPI provided for each year by the Government plus 0,4 per 100 and 0,3 per 100 respectively for each year; to this end, the Joint Commission, as soon as the actual CPI data is known, shall draw up the salary tables for each year, 2005 and 2006, regularizing at the end of the year, in excess of the actual CPI over the previewed one, to guarantee, a wage increase equal to the actual CPI of each year plus 0,4 per 100 or 0,3 per 100 according to the year, with retroactive effect from 1 January of each year respectively.

Article 67.

The salary tables will be applied in the month following their review and approval by the Joint Commission.

Article 68. Payment of arrears.

The economic conditions of this agreement shall enter into force from the fifteen days of its signature.

The salary arrears of this agreement shall be paid within the month following the entry into force of this agreement, with the additional contribution corresponding to the Social Security being made by the undertaking, at the latest following that of their publication in the B.O.E.

Article 69. Advances.

The payment of wages shall be made on a timely and complete basis on the date and place agreed upon or in accordance with customs. The period of time referred to in the payment of regular and regular remuneration may not exceed one month.

The person, and with his authorization his legal representatives, will be entitled to receive, without the day indicated for payment, advances on account of the work already done.

Article 70. Incentives.

For those companies that have been rationalized or that during the term of this Convention implement any system of rationalization of the work, the incentive curve will come defined, for the normal performance, for the salary of the Convention.

The salary for normal activity is the remuneration for normal performance. For the purposes of remuneration and as long as normal business is not determined, this shall be the one for which it is being considered at any time as such.

Article 71. Overtime.

Every hour of work performed on the ordinary working day shall be paid with an increase of at least 65 per 100 on the salary that would correspond to each ordinary hour, without any personal discrimination. However, the increase of 65 per 100 may be modified by common agreement between company and trade union representatives, with individual agreements on this subject being null and void. The number of overtime may not exceed 80 per year.

Not to be taken into account, for the purposes of the maximum working time, nor for the calculation of the maximum of the authorized overtime, the excess of hours worked to prevent or repair claims or other damages extraordinary and urgent, without prejudice to their compensation in accordance with the provisions on overtime.

Article 72. Profit participation.

During the duration of the Convention, the participation in benefits is set at 9 per 100 of the salary of the Convention, extraordinary rewards and complement "ad personam" of seniority, and that of the nomemclator when corresponds. The benefits shall be paid on a monthly basis, except in the case of an agreement between undertakings and trade union representatives, in which case they shall be paid in the form determined by both parties.

Article 73. Extraordinary pagas of July and Christmas.

The extraordinary bonuses of July and Christmas will consist of each one of them in the payment of a monthly payment except for the weekly collection staff that will be of 30.417 of the salary of the convention and complement "ad personam" replacement of the age where appropriate.

The fertilizer of the first will be carried out during the first fortnight of July and the second one, in the first fortnight of December

Article 74. "ad personam" consolidated add-ons.

Consolidated amounts as an "ad personam" guarantee, both the replacement of seniority, and the name of the nomenclator will be increased in this agreement and in the successive percentages that will increase wages of the same, establishing that these quantities are not compensable or absorbable.

Article 75. Night work.

The hours worked during the period from ten to six in the morning, unless the salary has been established on the basis that the work is night by its nature, shall be paid This is a specific increase in the salary of the Convention by 25%. The most beneficial conditions that people have in this regard will be respected.

Extraordinary hours are prohibited in the night, except in duly justified cases and special activities.

Article 76. Tool wear.

When, by the nature of their work or by traditional custom, the staff provide tools of their property, they shall receive, in respect of compensation for wear and tear, the amounts, upon justification, paid by such a concept.

Article 77. Plus transport.

Companies that have established their work center more than 2 kilometers from the population and do not have their own means of transportation for their staff, will pay each person with their own home address. municipality a plus of 3 euro cents a day per kilometre.

Article 78. Diets.

When, by order of the company, the personnel are obliged to stay overnight or to carry out maintenance costs outside the company, they will be paid by the company, upon justification of the same and corresponding to those of a hotel of three stars, except also justified.

The travel back and forth will also be on behalf of the company, in the first or second class, in the judgment of the company.

CHAPTER VII

Workday

Article 79. Day.

1. The annual calendar day during the term of this agreement will be 1772 hours of work, safeguarding in any case the lower days that could exist in the companies.

Still considering as work on Saturday, it is agreed that the usual day established in this Convention will be carried out from Monday to Friday, with the exceptions fixed in the matter of the annual planning of the day. However, persons hired in the year 2000 and those who are recruited from the signing of this Convention may be on a regular day from Tuesday to Saturday. This same day shall apply to temporary contracts which become indefinite, irrespective of the date of subscription thereof, and those which may be made as discontinuous fixed in accordance with the provisions of the the present Convention. In those sections where the proper functioning of production so permits, companies and affected personnel are recommended to negotiate the possibility of a flexible or sliding day, with a daily margin of half an hour.

Article 80. Irregular distribution of the annual day.

Companies and trade union representatives may agree to a work schedule in which the irregular distribution of the day set out in the Convention is contemplated throughout the year, without exceeding the maximum annual hours (i) effective measures, even if the minimum of 40 hours per week and nine per day are exceeded up to a maximum of 10 hours, in any case the minimum legal breaks between days and weeks and the provisions of Article 89 should be respected; annual leave.

In case of discrepancy, the parties agree to submit to the mediation of the S. I. M. A Foundation through the instruments that the Foundation has for this purpose.

Article 81. Day of free disposition.

During the term of the Convention, companies shall authorize and, consequently, persons shall enjoy, without the need for justification and in the form and conditions to be said, a day of unpaid and non-recoverable absence. This day shall be paid in accordance with the salary tables of this Convention.

This absence will be granted upon request 15 days in advance, safeguarding in all cases the interests of the organization of the work and the production needs of each section or department and without the number of simultaneous absences exceeds a number of people that disturbs the normality of the production process. The said day of leave will be granted in proportion to the days in which it stays high in the staff of the company within the calendar year, so that in order to enjoy all the hours of the day it will be necessary to be in high in the company throughout the calendar year. In those cases whose employment contract establishes an annual shorter working day than that laid down in the Convention, the day of free provision shall be paid in proportion to the working day. In any case, the day of leave will be enjoyed within the calendar year.

Article 82. Annual planning of the day.

Companies for a period of up to 14 weeks or 80 hours, with a notice of one week and respecting the number of hours agreed, may modify the working calendar, For more or less hours with a maximum of nine hours per day, this limit of nine hours per day may be exceeded, up to a maximum of 10 hours, if agreed with the trade union representatives. When the day is extended, in application of this Article, the day shall be carried out with the surcharge provided for in Annex II, for each of the hours exceeding eight per day.

Along with the notice, the company will reason the productive causes that motivate the flexibility of the day, being able to request the union representatives the documentation referred to in article 64.1, having to deliver the company within 3 days of the request. Where the application of the flexibility begins with the use of the hours in more, that is to say, performing hours of more on the usual day in accordance with the provisions of the first paragraph of this article, the companies will only be able to use 40 hours of the total of 80 planned for flexibility, unless otherwise agreed. The remaining 40 others will only be used to reduce the day, making hours of less. If the company initially uses the flexibility of the day to do hours of less, that is, to reduce the usual time, it will be able to make use of the total of 80 hours. The flexible working day may not be applicable to staff who are limited to their presence in the company, for reasons of safety in the workplace, health, child care, pregnancy or nursing periods. The recovery of the hours not worked shall be effected within the maximum period of one year from the beginning of each period. Likewise, the compensation or reduction of working hours for the hours worked of excess in application of the first paragraph of this Article will be carried out as follows: those made in the first half of the year will be reduced in the second semester and This second half of the year will be reduced in the first half of the following year. The contract staff who, when they cease to provide their services, have accumulated hours in their favour over and above those agreed in the Convention, shall be paid as overtime. In the case of low temporary incapacity for work occurring during periods of change of working time, compensation shall be made for days actually worked and in the presence of the undertaking. This flexibility may be applied to the whole of the company or sections, in any event that the flexibility limits indicated above cannot be exceeded. In order to avoid as far as possible the application of this Article in terms of the flexibility of the day and which the same will affect the least possible number of the staff, the companies will agree, with prior and obligatory character for the people affected, the functional mobility of the same departments or sections concerned to other jobs and sections for the time required, it being understood that such mobility is always carried out within the meaning of Article 39 of the E. T, and as long as possible and permit the fitness of the affected collective. For the duration of the application of the reduction of working time covered by this Article, undertakings may not make temporary contracts, make available contracts with temporary employment undertakings, or renew contracts which finish during that period. Likewise, no extra hours can be done, except for cases of force majeure.

Article 83. Bag of hours.

The work schedule must be agreed before 31 January of each year.

The company may reserve for the 80 hours set out in the first paragraph of Article 82, 40 hours, referred to as a stock exchange, for the purpose of distributing them on five Saturdays during the year, within the annual working day cash, not being able to work more than two Saturdays a month. The working hours on these Saturdays shall be no more than 14 hours, with the exception of those undertakings which have fixed shifts, in which case the working hours may be extended to 17 hours. Such hours worked on Saturday shall have a surcharge of 25 per 100 up to 14 hours and 50 per 100 for those working between 14 and 17 hours, such additional surcharge or compensation being understood in time of rest, unless otherwise agreed, in which case it shall be in remuneration for the salary tables set out in the Convention. In the hours of the exchange, the surcharge in Annex I shall not apply. The hours of compensation in fixed-shift undertakings may be applied, that is to say, on the same Saturday. The days to be compensated by the Saturdays worked must be agreed by mutual agreement between company and union representatives and in their default preferably will be fixed at Easter, Christmas or other parties to be determined, except individual pact to the contrary with the people affected and safeguarding, in any case, the productive needs of the company. In no case shall the simultaneous use of the stock exchange and the flexibility of the day regulated in Article 82 be compatible.

Article 84. Weekend shifts, "Week end".

The implementation of this type of conference will be based on aspects of technological or organizational nature and must create job creation. Prior communication to the trade union representatives will be necessary for their implementation at least 15 days in advance and the need for the implementation of the measure should be considered.

Its implementation can only be done through new hires, and the monthly salary will be 30.417 days of salary month, according to the annexed tables. Being your daily maximum day of 12 hours.

1. The staff assigned to the fourth and/or fifth shifts, whose work is carried out only on Saturdays, Sundays, holidays, holidays and some weekly working days, will have a maximum annual working day of five hundred and ninety-five years. two hours (1,592) for the year 2001 and one thousand five hundred and eighty-four (1,584) for the remainder of the Convention. Such hours will be of presence.

2. In companies that are currently carrying out such a work system, the maximum duration of the day, including breaks, will be the one that they are currently carrying out. Those undertakings, in the event that they have an annual working day higher than that referred to in the preceding subparagraph, may choose to continue to do so, provided that the excess of hours is economically offset, or that the excess in the period of six months. 3. The lower days which are applied or which have been agreed in the undertakings shall be respected, without prejudice to those which, in the future, may be agreed or contracted, provided that they do not exceed the maximum annual calculation. 4. The regulation or reduction of the time provided for in this Article is only applicable to the system of work defined in paragraph 1 of this Article. The other systems or working shifts other than that, including the uninterrupted ones, shall comply with the provisions laid down in the relevant Articles of this Convention.

Article 85. Goalkeeping and surveillance work.

Are excluded from the working day of this Convention, the work of goalkeeping and surveillance with house in the company, provided that they are not required a constant vigilance, in which case their journey may be extended to twelve daily hours, entitled to a four-hour rest, including the one corresponding to the meal, which will enjoy each working day and within the hours of its service, determining the form of enjoyment of the same according to the company. They will also enjoy a minimum rest between days of twelve hours.

As for persons carrying out the task of goalkeeping, guard and house-less surveillance, who are assigned only functions of their professional category, the General Day of the Convention shall apply to them. other general provisions.

Article 86. Extension of days.

In the case of management personnel, technical tasks, intermediate jaftatures and other tasks whose action sets in motion or closes the work of others, the time established in this Convention may be extended strictly precise, without prejudice to the payment of such time on an extraordinary basis.

Article 87. Working hours.

The determination of the working hours corresponds to the management of the company, which must establish them coordinating those of the respective services for the most efficient performance; being the private faculty of the company organize shifts and relays and change those when you think it is necessary and convenient. However, where the introduction of new timetables, or the modification of the previous timetables, would entail a substantial change in the working conditions, the provisions of Article 41 of the E.

Article 88. Continuous day.

The company may be asked to implement the continuous day when it is expressed by a vote, at least 60 per 100 of the template. The company may or may not access this request by reasoned report.

Article 89. Holidays.

The holidays are established in thirty-one calendar days. Of these thirty-one days, twenty-one calendar days will be made uninterruptedly; the remainder, which will include only two public holidays, will be enjoyed by common agreement between companies and trade union representatives or, failing that, the week of Christmas or the Holy Week. However, the parties may agree to a period of uninterrupted enjoyment of up to twenty-eight calendar days.

The enjoyment of the twenty-one days in a row will start on Monday, unless it is festive, in which case the next working day will be started, without prejudice to the fact that for the productive needs of the company it can be advanced or In the case of a reduction in the working days of the holiday, it will be possible to reduce the number of working days. In any case, the scheduling of the holidays will be carried out by mutual agreement between the company and the Delegates of Staff or Committees of Company, two months before the date of enjoyment. The holidays will be paid with the salary corresponding to the normal activity, plus incentives. The price of the incentives will be obtained from averaging the euros obtained by this concept and the hours actually worked during the last thirteen weeks. Where the period of maternity leave coincides in whole or in part with the holiday period, the enjoyment of both rights shall be guaranteed in full, with the implementation of mutual agreement between the undertaking and the person concerned. The amount of the holiday, even if not enjoyed, is included in the pay of the discontinuous fixed.

CHAPTER VIII

Licenses, Permissions, and Exceed

Article 90. Permissions.

Staff may be absent from work entitled to receive the remuneration established for normal activity solely for any of the reasons and during the following periods of time, as long as possible and with justification: 1. For two days, which may be extended up to one more, when a displacement is needed outside the locality where it resides and up to three more if the displacement is outside the province of residence, in the cases of birth of children, serious illness or hospitalization, or death of relatives up to a second degree of consanguinity or affinity. The degrees of consanguinity or affinity shall be governed in accordance with the table set out in Annex II to the Convention.

2. For one day per transfer from his usual address. 3. By wedding of relatives of first degree of consanguinity a paid day, and in case of second-degree relatives consanguine a day of absence without giving back. 4. For the time indispensable for the fulfilment of an inexcusable duty of a public nature, duly justified, in accordance with the provisions in force. 5. For the breastfeeding of a child under nine months of age, one hour of absence shall be entitled to work, which may be divided into two fractions. This permit may be enjoyed by either the mother or the father in case both work. 6. Fifteen calendar days in the case of marriage, being able to opt for an extension of up to five days of this unpaid leave. 7. They will have the consideration of marriage for the purpose of the enjoyment of permits, the couples in fact that can be accredited as such, with the corresponding justifications. 8. A paid day and 15 natural without giving back for the completion of adoption or national reception procedures. 9. In cases of adoption or international acceptance, the permit may not be. exceeding 30 calendar days, not paid.

Article 91. License for studies.

(a) Companies that have their service to carry out studies shall be obliged to grant the same the necessary licences to enable them to participate in the calls of the relevant centre, but prior to the justification of the persons concerned to have the registration formalised. This is applicable for obtaining the driving licence.

(b) Where the relevant call for examination relates to obtaining the professional title of the business carried out in the undertaking, the right to the corresponding remuneration of the basic salary shall be entitled seniority, if any, during the duration of the licence. (c) The permits obtained by these concepts may not be discounted from the annual leave corresponding to them.

Article 92. Suspension with Reserve of the job.

1. In the case of delivery, the suspension will last for 16 weeks, which will be enjoyed uninterrupted, expandable in the case of multiple birth in two weeks more for each child from the second. The period of suspension shall be distributed to the person concerned, provided that six weeks are immediately after delivery. In the event of the death of the mother, the father may make use of the whole or, where appropriate, the remaining part of the suspension period.

Notwithstanding the above and without prejudice of the immediate six weeks after the mandatory rest period for the mother, in the event that the father and the mother work, it is, at the beginning of the rest period by maternity, may choose to allow the father to enjoy a certain and uninterrupted part of the post-birth rest period either simultaneously or in succession with that of the mother, unless at the time of their effectiveness the incorporation into the Mother's work poses a risk to your health. In the case of adoption and acceptance, both pre-adopted and permanent, of minors up to six years of age, the suspension shall be for an uninterrupted period of 16 weeks, which may be extended in the case of multiple adoption or multiple acceptance. weeks more for each child from the second, counted on the choice of the person, or on the basis of the administrative or judicial decision of the host, or on the basis of the judicial decision making the adoption. The duration of the suspension shall be, in addition, sixteen weeks in the case of adoption or accommodation of over six years of age in the case of minors with disabilities or the disabled or for their personal circumstances and experiences. or because they have come from abroad, have special difficulties of social and family insertion duly accredited by the competent social services. In the event that the mother and father work, the period of suspension will be distributed to the interested parties, who will be able to enjoy it simultaneously or successively, always with uninterrupted periods and with the limits indicated. In the case of simultaneous enjoyment of rest periods, the sum of rest periods shall not exceed the 16 weeks provided for in the preceding paragraphs or those corresponding to multiple births. The periods referred to in this Article may be enjoyed on a full-time or part-time basis, subject to agreement, in the terms which are to be determined. In the case of international adoption, where the parents ' prior travel to the country of origin of the adoptee is necessary, the period of suspension, provided for in each case in this Article, may be initiated up to four weeks before of the resolution on which the adoption is constituted.

Article 93. Surplus.

1. Staff with an age in the one-year-old firm are entitled to be recognised as being on a voluntary basis for a period of no less than two years and no longer than five years. This right may only be exercised by the same person again if four years have elapsed since the end of the previous leave.

2. Only a right of preference will be retained for reentry into vacancies of equal or similar professional group that would have been or were produced in the company. 3. Child and child care: You shall be entitled to a period of leave of absence of not more than three years to take care of the care of each child, either by nature or by adoption, or in the case of a reception, either permanent or pre-adopted, to be counted from the date of birth or in the case of a judicial or administrative decision. Successive children shall be entitled to a new period of leave of absence, which shall, where appropriate, end the period for which they are enjoying themselves. This surplus constitutes an individual right of the male or female workers. However, if two or more employees of the same undertaking generate this right for the same taxable person, the employer may limit his or her simultaneous exercise for justified reasons of operation of the undertaking. 4. Excedences for the care of family members: They shall also be entitled to a period of leave of absence, lasting not more than one year, in order to attend to the care of a family member, up to the second degree of consanguinity or affinity, which for reasons of age, accident or illness cannot be used by itself, and do not carry out paid activity. The excess referred to in this paragraph constitutes an individual right of men or women. However, if two or more persons of the same undertaking generate this right by the same deceased person, the management of the undertaking may limit its simultaneous exercise for justified reasons of its functioning. Where a new deceased person is entitled to a new period of leave of absence, the commencement of the period shall end to the time when, where appropriate, he has been enjoying himself. During the whole period of leave, as set out in paragraphs 3 and 4, the right to the reservation of his or her job and the time of his enjoyment to be taken into account for the purposes of seniority shall be entitled to the right to attend courses of vocational training, the participation of which must be called by the employer, in particular on the occasion of reinstatement.

Article 94. Reduction of working time for family reasons.

Who, for reasons of legal guardian, have to their direct care some minor or minor physical, mental or sensory, who does not carry out a paid activity, shall be entitled to a reduction of the working day, with the proportional reduction of the salary between, at least one third and a maximum of half the duration of the salary.

It will have the same right that requires the direct care of a family member, until the second degree of consanguinity or affinity, that for reasons and age, accident or illness cannot be used by himself, and that he does not perform paid activity. The reduction of working hours referred to in this paragraph constitutes an individual right of men, or women. However, if two or more persons of the same undertaking generate this right by the same deceased person, the Directorate of the undertaking may limit its simultaneous exercise for justified reasons of its operation.

CHAPTER IX

Social Conditions

Article 95. Retirement.

The possibility of retirement is established from the age of sixty-five years, provided that the staff concerned have the period of sufficient absence covered to cause such a right.

Prior individual agreement between the persons and the company, will be retired that which at sixty-four years, all in accordance with the legal provisions in force.

Article 96. Workwear.

The company will provide each person with a monkey or work item per year, or two, if the first is justified.

Article 97. Insurance policy.

The company will pay the sum of 13.58 euros per year to each person of the same for the subscription of individual insurance policies that cover the risk of death or permanent invalidity due to accident of work, whose subscription will be exclusive account by the persons working in the company, being indispensable for the payment of the amount before indicated the duly justified the formalization of the policy. Union representatives are empowered to cooperate in the subscription of the aforementioned policies, in order to ensure that they can be collective.

Article 98. Accidents at work.

Companies will pay staff who have suffered a work accident within the facilities of their job centers 100 per 100 of their salary, provided that the accident requires hospitalization of more than five days, and during the process of temporary incapacity for work.

CHAPTER X

Disciplinary regime. Awards, fouls and penalties

Article 99. Loyalty award.

Companies will pay staff with ten or more years of age who, having the age that is subsequently expressed, cause low in the company, by their will, the following amounts: At the age of sixty: 1545.02 euros.

At sixty-one years: 1223.30 euros. At sixty-two years: 591.10 euros. At the age of sixty-three years: EUR 521.04. At the age of sixty-four: EUR 441.26. At sixty-five years: EUR 371.25.

Those companies that have already established similar economic compensation will apply the most beneficial.

After two months after having met the above ages without being caused low in the company, you will lose the right to the prize going to the lower prize.

Fouls and Sanctions

Article 100. Mild.

They are slight faults: 1. Faltar one day to work without justified cause.

2. Up to three punctuality fouls in a month 3. Leave the job or service for a short time within the working day, without permission. 4. The little ones neglected in the performance of the work and in the preservation of the machines, tools and materials. 5. The non-observance of the Regulations and orders of service, as well as the disobedience to the controls; all in light matter. 6. The lack of respect in the light of the subordinates, companions, controls and the public. 7. The lack of personal cleanliness, as well as in the company's services and services. 8. Do not communicate to the company the changes of domicile or the data necessary for the Social Security and the medicine of enterprise.

Article 101. Serious.

They are serious fouls: 1. The double commission of slight lack within the period of one month.

2. The lack of two days to work during the period of one month, without justified cause. 3. The obstruction, the malicious omission and distortion of the data, issues and facts that can affect the Social Security and medicine of enterprise. 4. Non-compliance with the general rules, those of this Convention or those of the company in matters of safety and occupational health. It will be very serious when it has consequences for people, machines, materials, installations or buildings. 5. Disobedience to the controls in matters of work. 6. The voluntary decrease and low quality of work. 7. The use of time, materials, machines and useful work in matters other than the same. 8. Injuries proffered against persons or the company itself. 9. Active or passive impersonation of the personality. 10. The drunkenness during work.

Article 102. Very serious.

These are very serious errors: 1. The repeated failure of a month, as long as those have been sanctioned.

2. The lack of six-day work during the four-month period, without justified cause. 3. More than 12 punctuality faults over a period of six months or 25 over a period of one year. 4. The falsehood, disloyalty, fraud, breach of trust, illicit competition with the company and theft or theft, both co-workers and the company or third parties, within the premises of the same, or during the job performance or services on behalf of the company. 5. Disappear, inuse, cause damage or malicious modifications in the first materials, products, tools, tools, machines, appliances, installations, buildings, articles and documents of the company. 6. Indiscipline or disobedience to the orders, as well as induction to the same, when magazine a special gravity. 7. Direct or indirect participation in the commission of a criminal offence as such in the Penal Code. 8. The falsehood in the circumstances of accidents at work, the simulation of diseases and the malicious prolongation, feigned, in its healing. 9. Usual drunkenness or drug addiction if they have a negative impact on work. 10. The abandonment of work involving serious economic injury to the company. 11. Voluntary and continuous decline in performance. 12. The ill-treatment of words or work, abuse of authority or the serious lack of respect and consideration of persons in headquarters or their relatives, as well as the rest who work in the company. 13. All those entered as such in Article 54 of the R.D. Law of March 24, which approves the Recast Text of the Law of the E. T, considered to be a fair cause of dismissal. 14. To move to provide services to another competitor, not being authorized to disclose secrets or data of required reservation, falsify or misrepresent data or documents, the serious and publicly offending the company, the Directorate or the persons of its environment. 15. The abuse of authority by the head of the company, whoever practices it. 16. The infringements of this Convention by undertakings shall be sanctioned by the competent labour authority.

Article 103. Sanctions.

The maximum penalties that can be imposed are the following: For a slight lack: Verbal assembly.

Admonition in writing. Suspension of employment and salary for one day.

For serious misconduct: Suspension of employment and salary of two to fifteen days.

Disable for promotion for a period of up to one year.

For very serious lack: Suspension of employment and salary of fifteen to sixty days.

Disabling for a period up to five years. Dismissal.

Article 104. Review of the faults and sanctions.

The assessment of the faults and the corresponding penalties imposed by the management of the company will always be reviewed in the competent jurisdiction. The penalty of serious and very serious faults will always require written communication, stating the date and the facts that motivate it.

No sanctions may be imposed that consist of a reduction in the duration of the holiday or another sentence of the rights to rest or fine. In the event that the sanction is imposed on someone from the Trade Union Representation, the opening of a contradictory file will be mandatory, in the case of serious or very serious misconduct, in which the person concerned must be the trade union representation.

Article 105 Harassment and sexual harassment.

They are considered discriminatory treatment on grounds of sex, which may be constitutive of serious or very serious misconduct: harassment: situation in which unwanted behaviour related to the sex of a person with the purpose or the effect of attacking the dignity of the person and of creating an intimidating, hostile, degrading, humiliating or offensive environment.

Sexual Harassment: a situation in which any verbal, non-verbal or non-verbal behaviour of a sexual nature occurs for the purpose or effect of attacking the dignity of a particular person when a person is created Intimidating, hostile, degrading, humiliating or offensive environment.

In the event of a complaint, it must be ensured that the person who is harassed does not lose his job. This complaint may be addressed to the company or to the trade union representation.

Article 106. Prescription.

Minor faults will be prescribed at ten days, the serious ones at twenty days and the very serious ones at sixty days from the date on which the company became aware of its commission, and in any case six months after the task.

CHAPTER XI

Safety and health care

Article 107. Safety and health at work.

The protection of health is a basic and priority objective of the signatory parties and considers that to achieve this, the establishment and planning of preventive action in the workplace and in the (a) companies having at last the disposal or reduction of risks at source, on the basis of their assessment, taking the necessary measures, both in the correction of the existing situation and in the technical and organisational development of the undertaking in question; adapt the work to the person and protect their health.

In all those that affect safety and health, the Law 31/1995 of 8 November, of the Prevention of Labor Risks, its regulatory standards of development and other concordant regulations, will apply. The provisions of a working nature contained in that law, as well as the rules governing their development, have the character of the minimum right to be unavailable, and as far as is not expressly provided for in this chapter, they will be full application. In the event that the regulations mentioned were intended to be modified by subsequent provisions, the parties to the present agreement undertake to adapt the content of this article. People have the right to effective protection in terms of safety and health at work, which implies the existence of the firm's duty to protect against occupational risks, and the consequent obligation of persons to (a) to comply with the orders that the company receives in the field of safety and occupational health. The achievement of this right of protection shall be sought through the undertaking of the necessary measures in the field of risk assessment, information, consultation, participation and training, action in cases of emergency and serious and imminent risk, health surveillance and the organisation of a preventive service. For these purposes, both parties agree to address the application of the above paragraph in line with the following general criteria and declarations.

1. General Principles: 1.1 Of The Preventive Action. Preventive action will be inspired by the following principles: Avoid and combat risks at source.

Evaluate those that cannot be avoided, taking into account the evolution of the technique. Replace that which is dangerous with what is less or less dangerous. Put collective prevention before the individual, using personal protective equipment when it is not possible to avoid risks acting on its causes. Plan Prevention. To adapt the work to the individual, in particular as regards the design of the jobs.

2. Prevention Delegates: In the work centres of the scope of this Convention, the Prevention Delegates shall be appointed in accordance with the following criteria: (a) In the work centres of up to 30 staff in which the Delegate is Personnel will assume the status of the Delegate/Prevention.

(b) In the workplace with a number of between 31 and 49 staff, from among the Staff Delegates, a person who is delegated to the Prevention shall be appointed. (c) In the workplace with 50 or more of the staff, the persons delegated to the Prevention of Agreement shall be appointed with the following scale:

50 to 100: 2 Prevention Delegates.

101 to 500: 3 Delegates of Prevention. 501 to 1,000: 4 Delegates of Prevention. 1,001 to 2,000: 5 Delegates of Prevention. 2,001 to 3,000: 6 Delegates of Prevention. 3,001 to 4,000: 7 Delegates of Prevention. 4.001 onwards: 8 Delegates Prevention.

2.1 The Prevention Delegates will be chosen by and among the union representatives.

2.2 As far as its powers and powers are concerned, as well as everything related to guarantees and professional secrecy, the provisions of Articles 36 and 37 of Law 31/1995 will be included. 2.3 It shall apply to the Delegates of Prevention as provided for in Article 37 of Law 31/1995, as representatives. They may use trade union hours for the development of their activity as such. Notwithstanding the foregoing, it shall be considered, in any event, as an effective working time, without imputation to the timetable, corresponding to the meetings of the Committee on Safety and Health and to any other meetings convened by the undertaking in question. (a) the risk prevention measures, as well as the risk prevention measures referred to in Article 36 (2) (a) and (c) of Law 31/1995 of 8 November 1995. In addition, and without prejudice to the provisions of the law in this respect, each year of a maximum of 40 hours each year will be available to attend courses on the prevention of occupational risks by public or private bodies competent in the field of occupational safety. (a) the aid must be credited.

3. Health and Safety Committees:

3.1 A Safety and Health Committee shall be set up in all businesses or workplaces with 50 or more. The Committee shall be formed, as provided for in Article 38 of the aforementioned law, by the Prevention Delegates, on the one hand, and by the management of the company and/or their representatives in number equal to that of the another.

Participate with voice but no vote in the meetings of the Committee on Safety and Health: union delegates, persons with technical knowledge of prevention in the company (not included in the composition of the Committee of Safety and Health), in the same way, with special qualifications or information on specific issues to be discussed, qualified personnel for prevention outside the company, provided that they are requested by one of the representations in the same. The meeting shall be quarterly, and/or whenever requested by any of the representations therein. The Committee shall adopt its own rules of operation. Companies which have two or more work centres with a safety and health committee may agree with staff to set up an Inter-Centres Committee on Safety and Health with the tasks assigned to it by the agreement. The management of the undertaking shall provide the means necessary for the normal functioning of the Safety and Health Committee. As regards the powers and powers of the Committee, the provisions of Article 39 of the Law on the Prevention of Occupational Risks shall apply. 3.2 The company shall, in order to comply with the duty of protection established by the law of reference, take appropriate measures to ensure that persons are provided with all the necessary information in relation to the paragraphs referred to in Article 18 (1) and following. 3.3 The parties to this Convention will consider the feasibility of using the Safety and Health Foundation provided for in additional 5 of the LPRL for the development of their activities.

4. Prevention Planning:

In order to comply with the general principle of prevention, and without prejudice to the provisions of Law 31/1995, of 8 November, of the Prevention of Labor Risks and other clauses of this Convention, both parties agree that prevention planning will be addressed in the companies in its field, as follows: 4.1 A General Plan of Prevention will be developed with the following contents: Organization of prevention. Dedicated resources, location in the organization of the company and general principles.

Implementing rules for the supervision and maintenance of work equipment and facilities, as well as working methods and risk assessment. Safety and prevention systems and emergency plan in the event of a serious accident.

4.2 The company, with the advice and support of its prevention services, must carry out:

The design, implementation and coordination of preventive action plans and programmes.

The assessment of risk factors that may affect safety and health. The planning of preventive action, with the determination of priorities in the adoption of appropriate preventive measures and the monitoring of their effectiveness. The information and training of people. The provision of first aid and emergency plans.

5. Health Surveillance:

5.1 The company will ensure that the persons at their service are monitored regularly in accordance with the risks inherent in their health status, in accordance with Article 22 of the Law on the Prevention of Occupational Risks.

5.2 The information collected as a result of this surveillance, as provided for in the law, will always respect the right to privacy and dignity of the person, and the confidentiality of all information related to his or her health status. In the event of failure to comply with this obligation, the Committee on Safety and Health shall have the right to request the immediate cessation of the responsible person, with the right to take appropriate legal action. 5.3 The medical examinations to be carried out must be specific, in accordance with the raw materials or additives which are handled at each job. Such recognition shall be of a maximum annual frequency or be determined by regulation. 5.4 Those individuals and groups who, due to their personal characteristics, their conditions of greater exposure to risks or other circumstances have greater vulnerability to it, the health surveillance will be done in a particular way.

6. Maternity protection:

The company will take the necessary measures to avoid the exposure of workers in a situation of pregnancy or recent birth, to the risks identified in the assessment referred to in Article 26 of Law 39/1999, which may affect the health of workers or the fetus, through an adaptation of the working conditions or working time of the affected worker, in the terms provided for in Article 26 of the said law.

The pregnant worker shall be entitled to be absent from the job, entitled to remuneration, for the carrying out of prenatal examinations and preparation techniques, prior notice to the employer and justification of the need to be carried out within the working day.

7. Protection particularly sensitive to certain risks:

The protection of persons who, due to their personal conditions, biological status, are particularly sensitive to the risks arising from work, will be guaranteed in a specific manner, taking the preventive and protection that is necessary.

Your special sensitivity will be taken into account when you are assigned a job, so you cannot assign them to those that perform special risks.

8. Chemicals:

In relation to chemicals and preparations will be the legislation applicable in this field, that is, Royal Decree 363/1995 of 10.3.95, which approves the Regulation on the notification, packaging and labelling of dangerous substances, also Royal Decree 1078/1993 of 2.7.1993, which adopted the Regulation on the classification, packaging and labelling of dangerous preparations.

In addition, companies will provide union representatives or prevention delegates with the relationship of the chemicals used in the company, this relationship should be accompanied by the corresponding product safety tab. In the same way, it will be ensured that all the staff receive the information and training corresponding to the chemicals they handle and may cause risks in their job. The safety record must be available and visible in the workplace at the disposal of any of the companies in the sector which use solvents or other products containing benzene, the provisions of the legislation in force in this field.

Article 108. Environment.

The parties to this Convention consider it necessary for companies and staff to act responsibly and in a manner which respects the environment, paying great attention to their defence and protection in accordance with the interests and Society's concern.

To these effects, the whole of the tanning sector must adopt a permanent, responsible and visible attitude in the field of the environment and, at the same time, make the effort that the industry is developing in this area. In the future, as well as their results, they will be well known and properly valued by the relevant society and administrations. The companies will inform the trade union representatives of the actions they take on environmental issues.

Article 109. Sectoral Committee on Occupational Safety and Health.

The Sectoral Committee on Safety and Health at Work for the Curtid Industry shall be constituted for the duration of this Convention, its composition having a joint character between the trade unions which are signatories to the Convention and the business representation, the number will be four people for business representation and four for union representation.

The competencies and functions of this sectoral commission will be analogous to those identified in the Law on the Prevention of Occupational Risks to the Safety and Health Committees, and their representatives will have the same powers and responsibilities. guarantees referred to in Articles 36 and 37 of that law. Among its powers, the parties to this Convention establish that they shall examine the feasibility of the establishment and establishment of the Foundation for Safety and Health at Work as provided for in Article 5 of the LPR, in any aspect related to occupational safety and health in the sector.

CHAPTER XII

Trade union rights

Article 110.

Persons shall exercise the basic right of participation in the undertaking, in the cases and in the manner established, through its representative bodies regulated in this Chapter.

They will be union representation bodies in the company or workplace, the Staff Delegates of those who have a staff of less than 50 and above 5. In the case of companies or workplaces which have between six and 10, there will be a staff member. The trade union representatives (delegates of staff and members of the Enterprise Committee) will have the functions, powers, powers and guarantees that will be recognized by the legislation in force at any time. Those representatives shall be informed by the undertaking of the penalties imposed for serious and very serious misconduct, as well as those which constitute suspension of employment and salary.

Article 111.

For the purposes of this Convention, and without prejudice to the functions and guarantees that the current legislation gives to unitary and union representations, it is understood by "representatives of the workers or representatives". trade unions ", staff delegates, works councils, trade union sections and trade union delegates, within the meaning of Article 103 of the Convention itself, or the federations of the trade unions which are signatories to this Convention and their organisations the same scope of the undertaking or group of undertakings concerned, in the event that it does not exist legal representation in the company.

Article 112. Accumulation of hours.

In the matter of the accumulation of hours of the members of the Company's Committee and Staff Delegates in one or more of its components, the following rules will be taken into account: The accumulation of hours will occur between the representatives belonging to the same trade union centre.

This accumulation of hours will be made with the available hours each month and, within the same, prior to communication with fifteen calendar days in advance. In cases where cumulation is attributed to persons whose replacement in the absence of any difficulties or is not possible, a prior agreement with the company should be established. Only up to 75 per 100 of the total available hours for representatives belonging to the same trade union centre may be accumulated, in addition to the hours resulting from the recognition of the person to whom the accumulation. The persons in whom they accumulate hours are not excused from justifying the use of the same. The staff members or members of the Enterprise Committee up to 100 members shall have a credit of sixteen monthly paid hours for the performance of their representation functions, in accordance with the provisions of Article 68 of the Treaty. E. T. Similarly, the total number of trade union credit hours for all members of the same trade union centre may be accumulated, creating an annual exchange of hours, always prior to agreement with the company, enjoying the same credit to any of the members of the relevant trade union centre who is a legal representative, the criteria for such cumulation and the use of the hours, as well as any other matter relating to cumulation, should be justified in the agreement with the undertaking, and should in any case justify its use.

Article 113. Trade union sections.

Persons affiliated to a trade union may constitute trade union or labour centre sections, in accordance with the statutes of their trade union, which shall serve as channels of communication, dialogue and, where appropriate, negotiation, in accordance with the content of Title IV of the Organic Law on Freedom of Association

Companies will provide a bulletin board so that the union sections can disseminate those notices that interest their affiliates and the rest of the staff. The trade union sections of the most representative trade unions and those representing the Company's Committee or the Staff Delegates shall have the right to collective bargaining, in accordance with the terms laid down in the specific legislation, and the use of an appropriate premises in which they can carry out their activities. The right to local enjoyment will be granted in companies or workplaces with more than 250. In companies, and, or job centres occupying more than 250 employees, union sections may be set up by persons affiliated to the Trade Unions with a presence in the Enterprise Committees, which will be represented for all purposes. by the trade union delegates elected by and among the persons affiliated with the company or the workplace. The number of trade union delegates per union section of the trade unions, which have obtained 10 per 100 of the votes in the election to the Enterprise Committee, shall be as follows:

From 250 to 750 in template, one.

From 751 to 2,000 in template, two. From 2,001 to 5,000 in template, three. From 5,001 in template, four.

Trade union sections of those unions that have not won 10 per 100 of the votes will be represented by a single union delegate.

Either by agreement, or by collective bargaining, the number of union representatives established on the previous scale may be expanded and they refer to the company's workforce or work centre. Trade union delegates, in the event that they are not part of the Business Committee, will have the same guarantees as those legally established for the Company's Committees, as well as the following rights to the other than what could be established. by collective agreement:

(a) Access to the same information and documentation as the company makes available to the Business Committee, with the obligation to keep professional secrecy for the matters that are legally applicable.

b) Assistance with voice and no vote to the meetings of the Committees of Enterprise and Safety and Health in the field of occupational safety and health. c) To be heard by the company in advance of the adoption of measures of a collective nature that affect in general and the affiliated persons of their trade union in particular, and especially in the dismissals and sanctions of the latter.

The Trade Union Sections may meet prior notification to the employer, collect fees and distribute union information outside the working hours and without disturbing the normal business activity, as well as receiving the information to be sent to them by the union.

Article 114. Surplus and licences.

The person on leave of absence from a union office of provincial, regional, national or state relevance, when the performance of the charge is terminated which the motive, shall be entitled to be incorporated into his post, after not more than one month of such cese.

Persons with union charges will have the right to enjoy permits and licenses in accordance with current legislation.

Article 115. Convention negotiation hours.

The hours spent in the negotiation of the agreement and in the joint committee by the persons who make up the negotiating commission and the joint committee shall not be counted for the purposes of the maximum limit of hours laid down in the Article 111 of the Convention, in conjunction with Article 68 of the Treaty, if they hold the office of works councils, or staff members. If they do not meet this quality, the hours of negotiation will be considered as being justified for the fulfillment of a public duty. In one case or another, those hours shall be paid as actually worked.

Article 116. Trading fee.

In order to cover the costs incurred in the negotiation and monitoring of the Convention, undertakings shall be deducted from the remuneration of persons falling within their scope of application of the amount equivalent to 1 per 100 of the the contribution salary corresponding to a monthly payment, whatever the nature of the contract, which must be entered in the name of the trade union organizations of the present Convention and in the account they indicate.

This amount will be deducted only, who will inform the company of their express written agreement. The resulting amount will be distributed among the trade union organisations which have participated in the negotiation of the Convention in proportion to the number of representatives at the negotiating table. The negotiation fee may be broken down from the date of application of the Convention in undertakings and up to 60 days after the date of publication of the Convention in the Official Gazette of the State.

CHAPTER XIII

Training

Article 117. Continuing training.

The organizations that are signatories to this Convention consider Continuing Training as a strategic element that makes it possible to reconcile the greater competitiveness of companies with individual training and development. professional.

Article 118. Training courses.

Companies and organisations that are signatories to the Convention will be able to organise training and training courses for staff free of charge, with the aim of professional promotion and training. They may also organise specific vocational training programmes for women and for the retraining of technical staff 2. A Joint Training Committee, consisting of at least four representatives of technical staff, will be set up. The European Commission is also responsible for the development of vocational training schemes and the establishment of the criteria to be applied in the content of training actions to be carried out in the Member States. Quota allowances, in accordance with the provisions of Royal Decree 1046/2003 designed to bring professional knowledge into line with new technologies, and to facilitate vocational training, in order to enable the qualification of the workforce, according to the national catalogue of professional qualifications.

It will be the role of this Joint Committee, in addition to those set by Royal Decree 1046/2003 on the continuing vocational training subsystem, which are set out below:

(a) To carry out studies of a projective nature with regard to the needs of labour in the sector and their corresponding qualifications, or through specialised entities.

b) Propose and implement training actions in their various modalities and levels, either with programmes that may be taught in the enterprise training centres or in the future, such as through the national or international programmes developed by competent bodies. (c) to collaborate, according to the possibilities themselves or through specialised entities, with the diagnosis and design of specific training programmes in enterprises, taking into account the specific specifications and needs, as well as the generic or individual characteristics of the persons concerned. (d) Coordinate and follow the development of training courses that are received by companies within the framework of agreements signed at sectoral or company level. (e) To assess on a continuous basis all the actions undertaken in order to review the guidelines, promote new activities and update the definition of the objectives of vocational training. (f) To establish an agreement with the Ministry or the Autonomous Department in order to make it possible in the best possible conditions to access people who study vocational training to practices governed by companies.

Article 119. Joint Committee on Training in Work Centres.

In those job centers or companies that, in accordance with the provisions of Royal Decree 1046/2003, participate in the quota bonuses that are established for the training actions developed by the company and that have a staff of more than 100 persons, a Joint Training Commission may be set up, to be appointed by and between the trade union and employers ' representatives, for information and monitoring of training plans. This Commission will ensure that specific programmes are promoted which facilitate professional development in the light of the company's industrial objectives and the training interests of staff.

The content of training actions carried out by staff at work centres or firms, which are in line with quota allowances, must include the criteria laid down by the Joint Sectoral Committee of Training to enable the qualification of staff, according to the National Catalogue of Professional Qualifications.

First transient disposition.

The Joint Commission in its first meeting will proceed to the text of the Convention published in the Official Gazette of the State for the eventual correction of errata.

Second transient disposition.

During the duration of this Convention, and understanding that it is a short-term clause limited to 31 December 2003 and in view of the serious situation of existing unemployment and with the aim of promoting a social solidarity policy to promote job creation, it is agreed that the usual overtime will be abolished in keeping with the criteria laid down in previous agreements.

In addition, in order to maintain the objective of employment and international experience in this field, the parties to this agreement consider it positive to point out to companies and personnel the possibility of compensating for overtime for an equivalent period of rest, instead of being paid monetarily. For the purposes of Law 54/99 on the contribution to social security, overtime shall mean overtime arising from force majeure: Those who are required by the need to repair claims or other extraordinary damages and urgent, as well as in case of risk of loss of raw materials. Also in relation to the objective of stimulating job creation through the reduction of overtime, the parties have agreed on the importance of strict compliance with Article 35 of the E. T, the non-compliance with this Article will be Article 57 of the Staff Regulations shall be deemed to be in serious absence.

Transitional provision third. Pluriemployment.

The parties to this agreement consider it appropriate to eradicate pluriemployment as a general rule.

For these purposes it is necessary that the penalties provided for in the legislation in force in the cases of non-discharged personnel in the Social Security be applied with the utmost rigour, because they are already discharged from another company. In the light of the objective of controlling the number of jobs, the exact fulfilment of the requirement to make the trade union representatives aware of the social security contributions, as well as the models of the contract of employment, is considered essential. written work used in the company, as well as documents relating to termination of the employment relationship, as provided for in Article 64.1.5 of the E. T. Failure to comply with this obligation shall be deemed to be serious for the purposes of its sanction by the labour authority.

Transitional disposition fourth. Discount of union dues.

The collection of the union fees by direct discount to the payroll of the affiliated person will be made at the request of the same or its union; in this case, the union will have to contribute the prior conformity.

To perform the discount operation you must provide the employer with the information about the amount of the fee and the bank account or savings book to which the corresponding amount will have to be transferred. The company will send a copy of the transfer to the corresponding trade union address, which will be communicated to you when the request is made.

Transient disposition fifth.

The organizations that are signatories to this collective agreement, in order to carry out a correct and effective monitoring of development at both the sector and the economic level, agree to the creation of an Industrial Observatory. permanent in which the signatory parties are present.

Table_table_der" >2.080, 31

ANNEX I

Salary Tables

Curtd Convention. 2004 nomenclator

group nomenclator

Salary day salary

Salary month

Group 1

1.664.10

Group 2

1,419.09

Group 3. Level I

1,099.07

Group 3. Level II

31.66

963.10

Group 4. Level I employees

1,037.21

Group 4. Level I operatives (*)

28.98

0.66 (1)

Group 4. Level II employees

849.57

5.15 (2)

Group 4. Level II operatives

27.94

Group 5

27.25

*) Complement exclusively for the Jefature job position.

(1) Only Add-in for the 1. th Classification job

(2) Add-on exclusively for the non-language telephone job position.

Flexibility (eurs/hour)

Group 0

No addon.

Group 1

1.97

Group 2

Group 3. Level I

Group 3. Level II

Group 4. Level I employees

Group 4. Level I operatives (*)

Group 4. Level II employees

Group 4. Level II operatives

Group 5

An image appears in the original. See the PDF document for this disposition.

ANNEX III

Annex for companies located in Catalonia

CHAPTER 1

General rules

Territorial, functional, and personal scope

Article 1. Territorial scope.

As a complement to the State Curtid Convention, which governs at any time, this Annex is signed, which is mandatory for all the activities mentioned in the following Article and is located in Catalonia.

It will also apply to the work centres established in Catalonia, even if the companies concerned have their registered office in other parts of Spain not affected by this Annex, as well as to the work centres moved from other provinces.

Article 2. Functional scope.

The Annex obliges all companies within the functional scope of the State Collective Agreement of the sector and in the territorial scope provided for in the previous Article.

Article 3. Start-up companies.

This Annex will require newly created companies to be included in their territorial and functional areas.

Article 4. Personal scope.

This Annex affects all the persons working in the companies included in the functional field, as well as the staff members who are part of the respective templates and the newly created companies. Except for persons who are not in force at any time of the character of employed persons under the legislation in force.

Article 5. Total obligation.

The companies concerned will be in full, except as provided in Article 4, on the personal level.

Effective, duration, and extended

Article 6. Effective.

This Annex shall enter into force on the day of its signature, notwithstanding its economic effects which shall be rolled back to the same date as the general convention.

Article 7. Duration.

This Annex is stipulated for an indefinite period.

Ad personam compensation, absorption, and warranties

Article 8. Guarantee "ad personam" Igualada and Comarca.

The people who work in Igualada and Comarca will receive 10.82 euros a month as guarantee "ad personam" for all the staff who at date 16/2/81 were high in the companies or in a situation treated as high, not suffering in the future increased.

If between company and staff there is agreement at the regional or company level, this amount of 10.82 euros will be incorporated into the incentive systems, formed a single concept; in this case, the following will be given the the same treatment as for incentives in future collective agreements. This quantity applies exclusively to the following categories: 1. Sorter, 2. Sorter, Team Chief, Officer of 1, 2. Officer, Specialist Peon, Peon, and Charged Assistant.

Article 9. Compensation and absorption.

Given the complementary nature of the present pact, nothing in the agreement can be absorbed or compensated.

CHAPTER II

Economic Conditions

Article 10.

The staff who were part of the companies ' templates on 29 May 1987 will continue to receive the amounts listed in Annexes 1-A and 2-A of the Covenant on the basis of the "ad personam" guarantee indefinitely. Catalonia published in the Official Journal of the Generalitat number 1056, dated 17.10.1988, not perceiving it therefore the staff entered after this date. The concept provided for in tables 1-A and 2-A 'guarantee ad personam' by category indicates that each worker will receive the frozen plus of the category he holds at any time, changing that plus when he changes category, whether or not he is more than at least, being frozen in the future, that is to say, without any increase.

The staff of the companies of storage and collection of skins, will perceive the amounts of 31.19 euros for the classifier of 1. of the 1. Store and 28.98 for the classifiers of 2. Car and truck drivers, quantities which will be increased annually according to what is agreed in this collective agreement.

Article 11.

Incentives and other wage supplements.-Incentives, job assessments, activity and compensation schemes, and other wage supplements, with the exception of those provided for in Article 8, will have the same effect. increase and under the same conditions as those agreed in the State Convention of the sector and will not necessarily have to be reached by 100 to which the Convention refers.

Article 12.

The holidays will be paid even the weekly holidays with the salary corresponding to the normal activity plus incentives. The price of the incentives will be obtained from averaging the pesetas obtained by this concept and the hours actually worked during the last 13 weeks.

CHAPTER III

Social Conditions

Article 13. Loyalty award.

The workers who with a minimum of ten years of age at the service of the company, having the age that is subsequently expressed, cause low in the company by their will, they will receive a complementary prize to the previewed one in the State Convention of the sector, according to the following scale: At 60 years: 711.49 euros.

At 61 years old: 686.19 euros. At 62: EUR 619.78. At 63 years old: 562.86 euros. At 64: EUR 528.08. At 65: EUR 524.91.

In future years, these amounts will be increased by 50 per 100 of the increases that will be agreed upon in the State Convention.

Article 14. Life insurance.

The companies will pay compensation to widows and successors of workers who die of accidents at work, the amount of 5,280.85 euros and of natural death or non-work accident and total and absolute incapacity. for all work, the amount of 2.637.27 euros. The worker will cause low as a beneficiary when he unsubscribe to the company. To this end, undertakings may use the amounts provided for in the State Convention of the sector.

Such compensation amounts will be increased, successively in future years, in the 50 per 100 of the increases that are to be agreed upon in the State Convention.