Having regard to the text of the Third State Collective Convention on Sports Facilities and Gyms (Convention Code No. 99015105012005), which was signed, dated July 11, 2014, by the National Federation of Sports Facilities Entrepreneurs (FNEID), representing companies in the sector, and, of the other, by the unions UGT and CC.OO., in representation of the workers concerned, and in accordance with the provisions of Article 90 (2) and (3) of the Law on the Status of Workers, Recast Text adopted by Royal Legislative Decree 1/1995 of 24 March, and in Royal Decree 713/2010 of 28 May on the registration and deposit of collective agreements and agreements of work,

This Employment General Address resolves:

First.

Order the registration of the aforementioned collective agreement in the corresponding Register of collective agreements and agreements working through electronic means of this Steering Center, with notification to the Negotiating Commission.

Second.

Arrange for publication in the Official State Gazette.

Madrid, September 19, 2014. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.

III STATE COLLECTIVE AGREEMENT OF SPORTS FACILITIES AND GYMS

CHAPTER I

General provisions

Article 1. Functional scope.

This Convention applies and regulates the working conditions of all undertakings, whatever the legal form they adopt, which have as their object or economic activity the supply and/or provision of services. related to physical exercise. These services are included in the physical practice of sport, in an amateur, voluntary or professional way; the physical practice of recreational or sports leisure, whether they are for leisure purposes, whether for didactic purposes or both, as well as the aquatic surveillance. These activities or services may be provided:

1. In gyms or in facilities, establishments, premises, swimming clubs, sports, tennis, etc. of public or private ownership, equipped or enabled to develop the business activity indicated above.

2. By means of subcontracting or legal relationship with other undertakings or private entities in which the object is the management of gyms or sports facilities and/or the performance of the activities referred to in the first paragraph of this article.

3. By means of administrative contracts or legal relationship with public administrations, in any form valid in law in which the object is the management of gyms or sports facilities and/or the performance of the activities indicated in the First paragraph of this article.

4. By organizing competitions, events or shows of a physical-sports character.

The companies that develop the object and the economic activity indicated are also included within the functional scope of this agreement, even if it is carried out outside of establishments or facilities authorized for this purpose, i.e. outdoors or in contact with nature.

In view of the fact that both the performance of physical activity and the performance of recreational physical activity entails the provision of services that are broad and different to users and society in general. under this agreement those undertakings which have as their main object the development of such activity, irrespective of other complementary, related or similar activities to which it is considered to be principal.

The Negotiating Commission of the present Convention, for the specific features of companies developing sports activities of golf, nautical and marinas and marinas considers that it is necessary to proceed to their Regulation within the functional scope of this Convention.

Article 2. Territorial scope.

This agreement applies to the entire territory of the Spanish State and will also apply, in accordance with the specific rules laid down in it, to the contract workers in Spain and the service of Spanish companies. abroad.

Article 3. Temporary scope.

3.1 The validity of this Collective Agreement extends from the date of its signature, except for the economic effects that will begin its validity, from January 1, 2014 with the exceptions set forth in this agreement, until the 31st day. of December 2015, irrespective of the date on which their official publication is carried out by the competent administrative body.

The denunciation of this Convention may be made, within the period referred to above, by any of the parties that have signed it in writing to all other negotiating parties who signed it and the body competent administrative.

For the assumption that the denunciation of the Convention is formulated and the duration foreseen for the Convention is completed or for any of its extensions, the validity of its content, both mandatory and normative, is maintained until it is replaced by a new Convention, with the exception of Article 36.

3.2 Deferrals. This Collective Agreement may be expressly or tacitly extended. It shall be construed tacitly, for annual periods, if it does not measure notice of denunciation made by either party, with at least one month in advance of the termination of its validity or of the extension in progress.

Article 4. Personal scope.

This Convention will affect all workers and businesses, whether they are natural or legal persons, including within the functional and territorial scope.

In this Convention the workers who provide the characteristic functions of the activities regulated by the functional scope of this convention in schools, recreation circles, hotels, spas, etc. clinics, etc.

It is expressly excluded from this Convention that personnel who contract their activity as a service lease and any other who are considered to be a special employment relationship or who are excluded from the job scope. The gardening staff of golf courses at the level of remuneration and of the categories to which they apply as a reference to the gardening agreement shall be excluded. Those tables shall be annexed to this Convention as Annex 2 and subsequent updates of the Convention as a reference.

Article 5. Concurrency of conventions.

The convention concurrent assumptions will be resolved by applying the following principles:

(a) Substance principle. This Convention shall act as a substitute for all matters not covered by collective agreements at a lower level.

b) Principle of more beneficial conditions. The most beneficial conditions for workers laid down in the lower-level collective agreements, which are considered as a whole and in annual accounts, must be respected as long as they exceed or equal the conditions laid down in this Directive. convention.

Article 6. Compensation and absorption.

The conditions agreed in general, and the remuneration in particular, in this Convention have the character of minima, without meaning that the mechanism of compensation and absorption does not apply, for which reason the conditions shall compensate and absorb all existing at the time of its entry into force whatever the nature or origin of its existence, whether by legal imperative, individual contract, use or custom, voluntary grant of the company or for any other cause.

Any future legal provisions that may result in economic change in all or some of the concepts agreed in this Convention or will result in the creation of new ones, will only be effective when, (a) to be considered as a whole and in annual accounts, exceed those laid down in this Convention. Otherwise they are considered to be absorbed by this Convention.

In order to avoid situations that represent an economic decrease for some of the workers to whom this agreement applies, it is guaranteed to those who charge a higher salary than the one set in the tables. salary of this agreement an increase equal to the amount resulting from applying the actual CPI of the year immediately preceding the base salary established for its category in this agreement, excluding such an increase of any other concept the economic person you perceive on your payroll for any reason.

Article 7. Personal guarantees.

The particular conditions of those workers who, in general and on an annual basis, exceed the set of improvements to this Convention, shall be respected, strictly "ad personan" introduced by legal provisions or express agreement between business-worker, and as long as they are not absorbed, matched or exceeded by future Collective Agreements or labour standards.

Article 8. Binding to the entire.

The conditions agreed in this Convention are an organic and indivisible whole. In the event that any article of this Convention is declared void by judicial, extrajudicial or administrative decision, it shall become unenforceable, irrespective of the application of the remainder of the Convention, until the parties to the Convention have signed the Convention. give you content in accordance with the law.

The parties to this Agreement agree to submit to the ASEC mediation and/or arbitration on a binding basis when two months have elapsed since the date on which the resolution has been notified that they are not covenants of the Convention and would not have reached agreement on the new content.

Article 9. Joint Joint Committee.

1. The parties agree to set up the Joint Joint Committee as a means of resolving discrepancies and interpretation of this Convention, which will be composed of representatives of the business organisations and the trade unions. convention.

Both parties agree that any doubt or divergence that may arise from the interpretation and application of the content of this Convention shall be submitted in advance to the Joint Joint Committee's report before it comes to initiate any action or complaint to the competent jurisdiction.

2. Procedure. The Joint Joint Committee shall be composed of eight members, four elected by the representation of the business organisations and four by the representation of the trade unions which subscribe to this Convention.

3. Functions:

Interpret and monitor the application of this Convention.

Report, with prior and mandatory character, on all issues of collective conflict.

To submit to debate the subjects that are necessary to incorporate, define or clarify the text of the present Convention.

Any activity aimed at the application and effectiveness of the Convention.

Understand the application of the convention to activities that, within the generic definition collected in the scope of the convention, were not initially included.

Resolving conflicts or discrepancies that have their origin in the application, interpretation or regulation of subrogations, professional groups, professional classification, definition of functions and remuneration of different subsectors affected by this collective agreement, without in any event an amendment to the conditions agreed upon therein.

Study and decide on those issues that affect the sectors covered by this Convention that, by mutual agreement, are subject to the parties, as well as any issues that may affect the different subsectors which may be covered by the sector of the business of the undertakings to which this Convention applies.

The obtaining of agreements on all those matters not covered by this convention and which, at the discretion of the parties that make up the commission, it is necessary to incorporate the text of the same in order to better adapt it to the reality existing production or labor at any time.

The Joint Joint Committee shall meet on an ordinary basis at least once every four-month period and shall be extraordinary, in order to resolve matters entrusted to it, when the parties to the mutual agreement consider it appropriate. or when the two-thirds of its members agree.

The Joint Joint Committee's calls will be made by its Secretary in writing, stating the place, date and time of the meeting, as well as the agenda, and must be sent to each of its members with seven days in advance, at least, to the expected date.

The Joint Joint Committee shall resolve any questions submitted to it within a period of not more than 30 days, unless all parties agree to extend that period. The agreements shall be adopted by a simple majority of the members present in each of the parties forming the Commission and where they are required to be incorporated into the text of the Convention.

In case of disagreement, submission to the Interconfederal Mediation and Arbitration System (SIMA) is agreed, adhering to the V Agreement on the Autonomous Conflict Solution (A.S.A.C.), as well as its implementing regulation.

4. The address of the Joint Joint Committee is established in any of the seats of the signatory entities:

National Federation of Sports Facilities Entrepreneurs, Diego de León Street, 58, 1. Madrid 28006.

FeS-UGT, avenue of America, number 25-7. th floor, 28002 Madrid.

FSC-CC. OO, Calle Fernández de la Hoz, number 21, 1st floor, 28010 Madrid.

Questions or queries addressed to the Joint Committee shall be required prior to the date of the entry by which the Joint Commission shall be entered, the amount of EUR 150 in the current account to be indicated for that purpose, except those consultations which are referred by associated bodies or affiliated to the organisations which are signatories to this Convention.

Article 10. A non-application clause.

This collective agreement obliges all employers and employees within their scope and throughout their lifetime.

Notwithstanding the foregoing, and in accordance with the provisions of Article 82.3 of the Staff Regulations, if economic, technical, organizational or production causes are to be found by agreement between the company and the representatives of workers entitled to negotiate a collective agreement as provided for in Article 87 (1) of the Staff Regulations, may be inapplicable, after a period of consultation has been carried out on the terms of the provided for in Article 4 (4) of the same legal text, the working conditions laid down here which affect the Following subjects:

a) Workday.

b) Time and distribution of working time.

c) Shift work regime.

d) Pay and salary system.

e) The work and performance system.

(f) Functions, where they exceed the limits for functional mobility provided for in Article 39 of the Staff Regulations.

g) Voluntary improvements to the protective action of Social Security.

For the purpose of developing the above-mentioned consultation period, companies must present to the workers ' representation the precise documentation that justifies a differentiated treatment. The Joint Committee of this Convention shall also be notified of the initiation of the consultation period 10 days in advance.

Workers ' representatives are obliged to treat and maintain in the highest reserve the information received and the data to which they have been accessed as a result of the provisions set out in the preceding paragraphs, therefore, in respect of all this, professional secrecy.

If agreement is reached, the agreement must determine exactly the applicable working conditions and their duration. It shall also be notified to the Joint Committee of this Convention.

In the event of disagreement, the parties will submit the discrepancy to the Joint Commission which will have a seven-day deadline for a decision to be counted since the discrepancy was raised.

If agreement is not reached within the Joint Commission, the parties will subject the discrepancy to the autonomous dispute settlement procedures provided for in the V ASAC.

CHAPTER II

Job Organization

Article 11. Authority of the Directorate.

The organization of the work in each of its centers, dependencies and units of the company is faculty of the management of the same, according to the legal and conventionally previewed.

Article 12. Geographical mobility.

In the case of transfers to workplaces other than the same company requiring a change of residence, the provisions of Article 40 of the Workers ' Statute will apply. In cases where the posting of workers on a temporary basis occurs, Article 40 (4) of the Staff Regulations shall be provided for, taking into account and with the exception of the provisions of Article 40 (4) of the Staff Regulations, the following article.

Article 13. Variability in the place of service delivery.

The workers affected by any of the three situations described below are entitled, for the duration of this situation, to an economic supplement called "by transfer", which will be paid monthly, within the the payroll received by the worker, equal to 10% of the amount he receives as a basis of the basic salary, provided that the time of posting to the new centre of work does not exceed one hour in public transport. For the event that this situation lasts less than one month, the percentage referred to above shall be prorated on the basis of the working days the worker has made at the centre of destination.

In the assumption that as a consequence of the variability in the place of the service delivery, an hour of displacement is exceeded, the company will have to be verified, the excess will have the consideration of time effective working in a minimum of one hour and the full cost of collective public transport will be borne by the company.

Workers will maintain at least the same economic conditions as they have at the center where they will provide their services at source. In case the economic conditions are higher in the new working centre the most beneficial condition will be applied.

1. Variability in the place of service delivery.

The company's management will be able to change its workers from the workplace and move them to a different one based in the same locality or nearby municipalities within the same province where the worker initially provides their services.

For the assumptions provided for in this article, companies will have to meet their needs, first of all, through voluntary transfers of employees of the same professional group or who develop the same activity in one or the other center. If the above is not possible, or if the workers who voluntarily give themselves to the shipment are not suitable to cover the jobs of the centre of where they are to provide their services, the company will communicate with a week in advance at least, to the workers who decide what to move, the center to which they should go.

2. Provision in different centres of the same company.

In the work contract, the provision of services may be established in different workplaces of the same company in the same locality or nearby municipalities, in such a way that a few days functions are developed in a job center, and other days in another.

3. Provision in different centers of the same company on the same work day.

In the work contract, the provision of services may be established in different workplaces of the same company in the same locality and on the same working day. Where services are provided in different municipalities on the same day, the worker shall receive an economic supplement in respect of mobility of 15% of the amount collected as a base salary.

CHAPTER III

Hiring

Article 14. Contract form.

The admission of workers to companies, as from the entry into force of this Convention, will be made by written contract.

Communications for extension, extension or extension of temporary contracts will also be written in writing.

Article 15. General conditions of admission.

Entry to work may be made in accordance with any of the modalities governed by the Workers ' Statute, development provisions and other legal provisions in force at any time.

Article 16. Aptitude tests.

Companies, prior to the entry of workers, will be able to carry out the selection tests, psychotechnical and medical practices that they consider necessary to check whether their physical condition, degree of fitness and preparation are appropriate for the professional category and the job to be performed.

Article 17. Trial period and notice of voluntary cessation.

17.1 A trial period may be arranged in writing which, in no case, may exceed:

Groups 1 and 2: 3 months.

Groups 3, 4, 5: 2 months.

During the probationary period the worker shall have the same rights and obligations corresponding to the professional category and job as he does, as if he were a staff member, except for those arising from the the employment relationship. It may be requested, during the course of that period, by either party without the need to plead any cause, provided that it is communicated in writing, stating as a cause of the extinction of the relationship. will not exceed the test period.

17.2 The temporary disability situation affecting the worker during the trial period will interrupt his or her computation, resuming from the date of effective reinstatement to the job.

17.3 Workers who decide to terminate their employment relationship on a voluntary basis must notify the company in writing at least in advance of their effectiveness and according to the professional group of:

Groups 1 and 2: 2 months.

Groups 3.4 and 5: 15 days.

Failure by the worker of the obligation to pre-notify the undertaking in advance shall entitle the undertaking to deduct from the liquidation of the same the amount of one day's salary for each day of delay in the warning.

Article 18. General characteristics of contracts and staff.

All the contractual arrangements provided for by law may be used, be of an indefinite nature as a temporary one, although in the interest of promoting the promotion of employment in the various sectors of activity, (a) companies will give priority to stability in employment, so that the permanent needs of them will tend to be covered by workers with an indefinite contract and only when there is one of the temporary causes, legally established, temporary recruitment shall be carried out.

With regard to the promotion of the conversion of temporary employment into stable employment, it will be necessary to establish the legal norm at any moment, with all the modalities of the promotion of the hiring being used. Undefined in this respect.

The personnel of the companies linked by this Convention may have the following consideration according to the permanence in the service of the same:

Fixed or indefinite (workers who provide their services permanently for the company that hires them both full-time and part-time).

Discontinuous fixed (workers who provide their services permanently for the company that hires them to perform jobs that are not repeated on certain dates within the normal volume of business activity).

Temporary or fixed-term (full-time or part-time workers who provide their services under any non-indefinite contractual mode).

You can also enter into any other type of employment contract whose modality is included in the current labor law at any time.

Workers who, within a period of 30 months, would have been engaged for more than 24 months for the same job with the same company or different as a result of one or more subrogation processes, by means of two or more temporary contracts, either directly or through their making available by temporary employment undertakings, with the same or different contractual arrangements of a given duration, shall acquire the status of workers fixed.

In the light of the special characteristics of the activity of this sector, both as regards the work to be carried out and in relation to the persons who carry it to practice, the parties understand it is appropriate to point out the the importance of part-time recruitment for the sector as a whole.

Article. 19. Contract by specific work or service.

The parties that subscribe to this agreement, in order to facilitate the use of the procurement procedures provided for in the current legislation, agree to concretize and develop the work. they shall be the subject of formalisation of contracts for the work or service determined.

In this sense, contracts of this nature may be concluded where the legislation permits, understanding that these can be formalized when the provision of the worker's services consists of some of the tasks that The following are detailed, having the same autonomy and own substance within the usual business of the companies concerned:

Perform physical-sports activities that do not endure in time, such as, championships, sports demonstrations, official competitions or company competitions, etc., develop the same within the company's work center as outside of the company.

Perform activities, specific and specific, not previously usual, of uncertain duration, such as, for example, yoga classes, flamenco, dancing, etc.

Perform activities that do not endure in time, such as market surveys, surveys, "buzoneos", or deliveries of promotional brochures.

At the end of the contract, the worker will be entitled to receive an allowance in amount equal to the proportion of the amount that would be paid 11 days in 2014 and 12 days in 2015 days of salary. each year of service or in accordance with current legislation.

Article 20. Eventual contracts due to circumstances of production.

Given the special characteristics of this sector and often resulting in the existence of periods in which tasks are accumulated or a greater number of demand is given in the provision of services, companies will be able to hire under this form of contract of employment to its employees, having the same maximum duration of nine months within a period of 12, these contracts being subject to a single extension if they are formalised for a duration less than that of the deadline maximum set.

At the end of the contract, the worker will be entitled to receive an allowance in amount equal to the proportion of the amount that would be paid 11 days in 2014 and 12 days in 2015 salary days for each year of service or according to current legislation.

Article 21. Contract of interinity.

When this contract is awarded to replace an employee of the company entitled to the job reserve, in addition to the legally intended causes for its formalization, they are expressly established as causes of the (a) the replacement of workers with their corresponding holiday periods, paid leave, suspension of contract for maternity leave, temporary incapacity, leave of absence with a job reserve, reduction of day by reconciliation of family life. This type of contract must include both the name of the replaced worker and the cause of its conclusion.

Article 22. Discontinuous fixed contracts.

The indefinite fixed-time contract is one that is designed to perform work that has the character of discontinuous fixed and is not repeated on certain dates within the normal volume of activity of the company.

The discontinuous fixed worker will be called, through feisty communication, understanding as such a telegram with acknowledgement of receipt or burofax, in order of seniority in the company, within the same category and specialty if the there. The minimum time limit for the communication of return to work will be 15 days. Such time limit may be missed only if the signature of the contract of the concession of the service, in the case of existence, is made on dates closer to the beginning of the activity than the 15 days marked to carry out this procedure. The contract is extinguished if the worker does not join his or her job. Extinction shall not occur when the reason for not incorporating the time is the lack of compatibility of the schedule offered with the schedules of studies for obtaining an academic or professional qualification.

When the worker is hired to carry out fixed and periodic works that are repeated on certain dates within the normal volume of activity of the company will be of application the previewed one for the part time contract held for an indefinite period.

The Joint Joint Committee will articulate a regulation to establish the order of calls of workers who are under this contractual modality.

Article 23. Part-time contract.

A partial-time contract shall be understood to be the one which is established for the performance of a day less than that referred to in Article 26 of this Convention, either for an indefinite period or for an indefinite period.

It is mandatory to inform workers in part time of the existence of vacant or newly created positions and to allow them to apply for them, in order to enable the increase of their working day. Part-time contract, as well as their conversion into full-time contracts when that is the day of the vacant or newly created post or the sum of the days permits to be.

The conversion of a full-time contract into a part-time job and vice versa will always be voluntary for the worker.

Part-time contract workers will not be able to perform overtime.

The company, according to the worker, may fix the completion of additional hours. The performance of these hours will be subject to the following rules:

(a) The possibility of carrying out additional hours will have to be expressly agreed with the worker and may be agreed upon at the time of the hiring or after, but in any case, it will be a pact specific and written in respect of the contract of employment.

(b) Only a supplementary hours pact may be formalised in the case of part-time contracts with a working day of not less than ten hours per week on an annual basis.

The supplemental hours pact will pick up the number of hours to perform that can be required by the company. In no case shall the additional hours exceed 50% of the weekly working day.

(c) The worker may waive the agreement of additional hours, communicating it in writing to the company 15 days in advance, when the following circumstances are present:

The attention of the family responsibilities set out in Article 37.5 of the Workers ' Statute.

For training needs, in the form that is regulated, provided that the time incompatibility is established.

For incompatibility with another part time contract.

Also, for the assumptions not mentioned above, the worker may waive the supplementary hours agreement by communicating it in writing one month in advance.

d) The worker shall know the day and time of the completion of the supplementary hours with a minimum written notice of three days.

e) The completion of additional hours shall in any case respect the limits on the working time and rest of the Workers ' Statute and this Convention.

(f) The additional hours actually carried out shall be paid as the ordinary hours, in the form of a basis for social security contributions, periods of absence and the basis for the provision of benefits.

g) The additional hours pact and the conditions for its completion shall be subject to compliance with the requirements set out in the previous paragraphs. In the event of non-compliance with these requirements and their legal status, the worker's refusal to carry out the additional hours, despite being agreed, shall not constitute a punishable work.

Article 24. Training contracts.

I. Contract of work in practice. The provisions of the Workers ' Statute and the Effective Legislation will be in place. As specialties of this convention are agreed:

The remuneration for this type of contract shall be 90% of the remuneration of the Convention according to its Group and the allowances to which it is entitled.

The minimum duration of these contracts will be six months and two years for their maximum duration.

II. Contract for training. Contracts for training with workers aged 16 and under and under 25 and with the limits laid down in the Staff Regulations may be concluded.

The contract for the training will conform to the following rules:

The contract workers will not have the necessary qualifications to carry out a contract in practice, since the object of this type of contract is the acquisition by the worker of the theoretical training and (a) a practice required to properly perform a job or a job that requires a certain level of qualification.

The minimum duration of these contracts will be six months and two years for their maximum duration.

A Certification will be issued by the company at the end of the training period.

A follow-up will be carried out by the Joint Joint Commission on training linked to these contracts.

The remuneration of the worker subject to this contractual mode shall be:

80% of the remuneration of the Convention provided for by your Group and the allowances to which you are entitled, during your first year.

90% of the remuneration of the Convention provided for by your Group and the allowances to which you are entitled, during your second year.

Article 25. Subrogation of staff.

In order to ensure and contribute to the principle of stability in employment, the subrogation of the staff of enterprises to be replaced by any of the forms of procurement, public service management or private, service lease or otherwise, in a particular activity of the regulated in the functional scope of this Collective Agreement, shall be carried out in the terms indicated in this article.

However, it is expressly agreed that the provisions of this Article will only apply to those situations provided for in the Article which are born and have their effects after publication in the Official Journal of the European Union. Status of this convention.

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

Hereinafter, the term "contracts" includes, with a generic character, any form of hiring, both with public and private entities, and identifies a specific activity that happens to be carried out by a a particular company, company or public body.

I. The absorption of the staff will be enforced for the companies, as long as any of the following assumptions are made:

(a) Completion of a hiring, concession or lease or any of its extensions or interim extensions and up to the entry of the new company, which would join a company with the public owner or private of the sports facilities or the promoter of socio-sports activities, producing the substitution by any other company, for the following reasons:

By total end, that is, by the cessation or termination of all activities that the concessionaire or contracted company was doing.

By partial completion, i.e. by the cessation or termination of some of the activities that the concessionaire or contracted company was carrying out, continuing to carry out the same, the rest or some of the contracted activities or granted up to that point.

b) Rescue, suspension, termination, loss or disposal by the owner of the sports facilities or the promoter of social-sports activities, a hiring, concession or contract of lease, which may be:

Rescue, suspension, termination, loss or total cession in respect of all the activities that the concessionaire or contracted company was carrying out.

Rescue, suspension, termination, loss or partial transfer, that is to say with respect to some of the activities that the concessionaire or contracted company was carrying out, continuing to carry out the same, the rest or some of the activities contracted or granted up to that time.

II. In all cases of termination, suspension, loss, termination, assignment or rescue of a contract-as well as any other figure or modality involving the subrogation between entities, natural or legal persons-, which they carry out the activity in question, the workers of the outgoing undertaking shall become attached to the new owner of the contract to be carried out by the service, or to the holder of the sports facilities or the promoter of activities socio-sports, respecting the rights and obligations enjoyed by the subrogated company.

Notwithstanding this chapter, as a general rule, the agreements or agreements, individual or collective agreements that affect the Center of Work duly justified, signed among the companies, shall be valid and applicable. the workers, their respective legal representatives or the Trade Unions with representation in the Sector to negotiate in accordance with the provisions of the Workers ' Statute, provided that they have been agreed in advance of five months to the date of some subrogation of the concessionaire and has been communicated with the same deadline to the Joint Committee, unless it is aware of its publication in official bulletins. The time-limits laid down in the lower-level collective agreements shall also be maintained, provided that they respect the minimum content covered by this Chapter.

This staff subrogation will occur, provided any of the following assumptions are given:

(a) Active workers who carry out their work in the contract with a minimum age of five months prior to the effective completion of the service, whatever the modality of their employment contract, with independence from the fact that, prior to the five-month period, they had worked in another contract.

b) Active workers performing their working time in more than one company's work centre and one of the centres is affected by the subrogation, it will be the incoming company that will apply the subrogation rights. defined in this collective agreement on the basis of the working day and the functions that the worker is carrying out in the work centre affected by the subrogation before the last five months before the end date of the contract or concession.

(c) Workers entitled to a job reserve who, at the time of the effective termination of the contract, have a minimum age of five months in the contract and/or those who are in a situation of I.T., leave, leave, leave, maternity, legal suspension of the contract or similar situations, provided that the abovementioned minimum age requirement is met.

(d) Workers with a contract of interinity to replace one of the workers referred to in paragraph (c), irrespective of their seniority and the duration of their contract.

e) New income workers who have been recruited by the customer as a result of an extension of the workforce in the five months prior to the completion of the contract.

III. Workers who have positions of representation, either unitary or trade union: Since the representatives of the workers and the trade union delegates can be of company and of the job center, in case of subrogation of contracts, the subrogation of the new company in respect of these workers shall be made taking into account the following:

(a) Representatives of the workers, either unitary or union, who would have been elected on the occasion of an electoral process which affected the centre of work or designated by the trade union organisation to which they represent and the legal minimums for the maintenance of the figure of the Trade Union Delegate were maintained, and are subject to subrogation: they will retain their status and position and the same rights and guarantees as they have recognized in the outgoing concessionaire until the end of your command.

(b) Trade union delegates working in the labour centre affected by the subrogation, when they are necessarily incorporated into the staff of the new successful tenderer and in which the legal minimum is not given for the maintenance of this union representation figure, shall be subrogated by maintaining the guarantees laid down in Article 68 (a) and (c) of the Staff Regulations for a minimum period of one year.

All without prejudice to the provisions of trade union representation and the decisions on this matter to be determined by the Trade Unions with representation in the company, in accordance with the provisions of the Organic Law of Union Freedom.

IV. Exceptions to the application of the subrogation provided for in this Article.

The staff subrogation set out in this article shall not apply to the following assumptions:

1. Workers who have been transferred by the outgoing undertaking from other working places of which that undertaking has been the holder in the last five months in respect of the completion of a hiring, concession or lease or any of its extensions or provisional extensions and until the entry of the new company. In this case, workers will have the right to return to the job they had in the working centre of the outgoing company, prior to their transfer, without being subrogated by the incoming company.

2. Under no circumstances shall the subrogation provided for in this Article be operated where the installation, which is the subject of a concession, assignment or lease of services, results in the closure or final cessation of the activities which it is they were not carried out by any other undertaking or by its holder.

3. For the purposes set out in this Article, they will not have the consideration of employees and will therefore not be subrogated by the new award-winning partners and self-employed workers even if they were providing services. directly and personally in the center or contracts in which the change of contractor is produced.

V. All the cases mentioned above must be documented by the company or the outgoing entity to the incoming, as well as the Joint Commission of the State Collective Convention on Sports Facilities and the representation of the workers, or, failing that, to the provincial bodies of the trade unions which are signatories to this Convention, by delivering the documents detailed in this Article.

VI. The Joint Commission of this Collective Agreement shall ensure the proper implementation of the subrogation processes as agreed. It shall also know and issue a decision within a period of not more than five working days and in an obligatorily prescriptive manner before any other body, on complaints and non-compliances, which may be made by undertakings or employees. to reach this, as well as the irregularities that the Joint Commission itself might consider.

The delivery time shall be five working days, counted from the moment the incoming company informs the outgoing company of the change in the service award.

In no case can the application of this article be opposed, and consequently to the Subrogation the incoming company, in the event that the outgoing company would not have provided to the incoming the documentation to which it comes required. This is without prejudice to the fact that it may require the compensation for damages which it may have incurred in its failure to comply with it.

VII. Settlement of remuneration, proportional parts of overtime, holidays and breaks with respect to workers between the outgoing undertaking and the one to be performed by the service.

(a) Workers shall receive their monthly remuneration on the date set and the proportional shares of extraordinary pay or the settlement of remuneration outstanding, within five days of the date of termination of the outgoing company's contract.

(b) Workers who have not rested on vacation days, corresponding rest days, their own affairs or other breaks or paid leave at the time of the subrogation shall rest those who have pending the dates they have planned, with the new award of the service, with the exception of service needs.

c) If the subrogation of a new contract holder implies that a worker performs his/her day in two different job centers, affecting only one of them the change of ownership of the contract, the latter will manage the joint enjoyment of the holiday period, paid by the outgoing undertaking for the settlement of the proportional parts of the relevant pages.

This settlement will not involve the finiquito if you continue to work for the company.

VIII. The application of this article will be binding on the parties to which it links: a ceasing company, a new adjudicatoria and a worker, operating the subrogation both in the event of a full day, and in the lower hours, where the worker is still linked to the undertaking by a part of his/her journey. In this case, the above paragraph shall be determined.

IX. The binding nature of this article does not disappear, in the event of temporary closure of a work centre which will force the suspension of the activity for a period of not more than one year. In such a case, such a circumstance shall give rise to the promotion of a file of employment regulation authorising the suspension of the employment contracts of the employees who are affected. At the end of the period of suspension, those workers shall have the place of work in the centre in question, even if the activity is awarded to another undertaking on that date.

X. Documents to be provided by the outgoing company to the incoming:

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

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

Photocopy of TC-1 and TC-2 for Social Security for the last four months.

Staff relationship in which you specify: First and last name, address, Social Security membership number, age, day, time, vacation, and any modification that occurred in the four previous months together with the justification for the same, modality of their hiring, specification of the term of office if the worker is a union representative, annual perceptions of the worker for all the concepts and date of enjoyment of his/her holidays.

Part of I.T. and/or confirmation of it.

Days of own affairs already enjoyed and justification for other paid leave.

Photocopy of the work contracts of the staff affected by the subrogation, if you have dealt with the outgoing.

Copy of documents duly completed by each worker concerned in which it is stated that the worker has received from the outgoing undertaking his liquidation of proportional parts of his assets up to the time of the subrogation, no amount remaining pending.

This document must be in the power of the new adjudicatorate on the date of the start of the service as the new holder.

CHAPTER IV

Days of rest, permits and holidays

Article 26. Workday.

The parties agree to regulate the working day taking into account the needs of the sector. During the term of the Convention the day will be established:

• Year 2014: The annual calendar day will be 1,760 hours of effective day.

In the face of the impossibility of applying this new day to the date of the publication of the agreement, workers will be compensated with a paid rest day, which can be compensated until 31 March 2015.

• Year 2015: The annual calendar day will be 1,752 hours of effective day.

The working day may be carried out on a daily basis or on a continuous basis and the same will be provided from Monday to Sunday. The working time for part-time workers will be carried out in the same proportion as the annual working day of full-time workers.

In continuous days of six or more hours a rest is established, considered as effective working time, of 20 minutes. The shifts to make the breaks will be agreed between the company and the worker. In companies where breaks are granted in excess of the above time, this right will be maintained in respect of what is customary in each undertaking.

The working time will be computed in such a way that the worker is in his job both at the beginning and at the end of the day, and must attend to the clients who have entered before the closing time of the establishment, without this obligation being able to exceed 15 minutes from that time.

Between the end of one day and the start of the next one must be 12 hours of interval.

The number of hours per day of full-time workers may not be longer than 9 hours or less than 6 hours.

The number of weekly hours of regular cash for full-time workers may not exceed 40 hours during the duration of this agreement. For part-time workers, it shall not be higher than the proportion laid down for full-time workers.

One month before starting each calendar year, the companies, after deliberation with the RLT, will have the following year's work calendar, in which schedules and breaks are specified and the different ones will have to appear shifts in the work centre, the holidays and the working days of the year, the periods of holiday guidance, as well as the other aspects relating to the timetable reflected in this agreement. Such a calendar should be displayed in the relevant bulletin board of each working centre.

However, and due to the special characteristics of the sector, the companies affected by this collective agreement will be able to draw up for monitors and first responders in the season (winter-months from September to June-and Summer-months of July and August-), in which the day and time are specified, and in which the existing shifts in the working centre, schedules and breaks of each worker must be included. Without prejudice to this, for organizational or production reasons, these quadrants may be altered. These changes should be reported to the RLT. In addition, such amendments must comply with the shifts laid down in those quadrants, except in the case of a worker or worker, or unless the procedure laid down in Article 41 of the Treaty is complied with.

In those companies in which to apply the irregular distribution of day, the 14 annual holidays, or part of them, have the consideration of ordinary working day, as well as in those that are agreed with the representatives of the Workers shall be compensated for each hour worked with one hour and 45 minutes of rest for a full day of rest, the worker who provides his services in those days shall be compensated for every hour worked with one hour and 45 minutes. which may be made effective in the month following that, or may accumulate it on holiday year.

Given the special characteristics of this sector, the annual calendar day may be distributed irregularly during all the days of the year, without prejudice to the enjoyment of the weekly and annual rest days corresponding to the (a) workers, and irrespective of whether the employment contracts are part-time or full-time contracts. However, the company may not irregularly distribute more than 10% of the working time of those contract workers with a working time of less than 25 hours per week.

Article 27. Weekly rest and holidays.

27.1 Weekly rest: workers shall be entitled to a minimum weekly rest of two consecutive days preferably Saturday or Sunday.

27.2 Festivals: At least two annual holidays are set for the year, which will be on January 1 and December 25.

Evenings (from 15:00 hours) on 24 and 31 December, will be closed for the installation, not liable for compensation. Notwithstanding the above, for all those companies that are opening their centers these days, or they are expanding this minimum, either with days or half days of closing, it will be respected. In such a case, workers shall enjoy the hours worked on the working day immediately after their rest.

Article 28. Paid leave.

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

Fifteen calendar days in case of marriage.

Two days per child birth. If for these reasons the worker has to move more than 150 km from his place of residence, the permit shall be four days.

Three days in case of death, accident or serious illness, surgical intervention without hospitalization requiring home rest or hospitalization of spouse, children, father, mother, grandchildren, grandparents or siblings of one and the other spouse, that is, up to the second degree of consanguinity or affinity, extending to five days in case of displacement exceeding 150 km from his place of residence. Hospitalization shall mean the period of stay in the hospital and the subsequent convalescence linked to the causes that justified prior hospitalization.

Each employee shall be entitled to three days of paid leave for own affairs per calendar year. This license, as it is a personal matter, requires no oral or documentary justification. It must be requested as soon as possible and at least 48 hours before the enjoyment. These days of leave will be enjoyed, once the needs of the service are saved, on the dates agreed between the management of the company and the employee to enjoy them.

The company will not be able to refuse on more than two occasions the enjoyment of paid leave on its own.

One day per usual home transfer and two days in case the worker had to move more than 75 km.

For the time indispensable for the fulfillment of an inexcusable duty of public and personal character, and must be accredited in advance, the motives and circumstances of the same.

Where the performance of the duty referred to above involves a reduction of more than 20% of the day over a period of three months, the undertaking may pass on to the worker concerned with the situation of surplus regulated in paragraph 1 of the Article 46 of the Staff Regulations.

To perform union functions or representation of workers on legally established terms to effect.

For the time necessary for the conduct of examinations, prior notice and justification thereof to the company, when the worker is studying for obtaining an academic degree or professional training.

The necessary permits will be granted to pregnant workers for the carrying out of prenatal tests and preparation techniques, prior notice to the employer and justification of the need for their realization within the workday.

Breastfeeding workers of a child under the age of nine months will be entitled to one hour of absence from work, which may be divided into two half-hour fractions. The worker, by his will, may substitute this right for a reduction of the normal working day in half an hour for the same purpose or to opt for the accumulation of 15 working days. This permit may be enjoyed either by the mother or by the parent in case both work.

In cases of births of premature infants or who, for any cause, must remain hospitalized after delivery, the mother or father shall be entitled to leave the job for an hour.

Workers, with prior notice and subsequent justification, shall be entitled to paid leave of no more than 16 hours per year in order to attend medical visits by the worker's own doctor or to accompany ascending or descendants who live with them, as long as the assistance is provided through the health services of the Public Health Service or Private Health.

The enjoyment of this permit must be prewarned with a minimum of 24 hours, and a subsequent justification will be required.

Unpaid leave: The permits laid down in Article 37.3 of the Staff Regulations may be extended, depending on the circumstances and if there is a displacement of more than 75 km, within three days of leave. paid and with the possibility of recovery according to company and worker agreement.

28.2 The marriages to the couples in fact will be equated to all effects. It will be necessary to provide justification of the Register of Couples of Fact where there is an official document that certifies the coexistence of the couple.

Article 29. Day reductions for reconciliation of family life.

The worker or worker may reduce their working time, without the right to remuneration, for any of the following reasons and time:

(a) The worker who, by reason of legal guardian, has direct care of a minor of 12 years of age or of a physical, mental or sensory disabled person who does not carry out paid activity, is entitled to a reduction in, at least one-eighth and a maximum of half of the working day, with the proportional reduction of their remuneration.

(b) It shall have the same right as the direct care of a family member, up to the second degree of consanguinity or affinity, which, for reasons of age, accident or disease, cannot be recovered by himself and not develop paid activity.

(c) For reasons justified and upon acceptance by the undertaking, a reduction in the working day may also be authorized for a maximum period of one year between at least one hour and a maximum of half of the working day, with the proportional reduction of their remuneration, to the worker who has to take care of the direct care of a family member, up to the first degree of consanguinity or affinity, which for reasons of age, accident or illness cannot be recovered by himself even if you are paid.

(d) In the case of births of children who, for any medical cause, must remain hospitalized after delivery, regardless of the unpaid absence of an hour legally established, the mother or father have the right to reduce their working hours to a maximum of two hours, with a proportional reduction in salary.

e) Workers whose children are affected by diseases requiring hospital admissions and/or regular and prolonged treatment in accordance with Article 37.5 of the Workers ' Statute will have the right to accumulate the reduction of the day stipulated in the same in full days.

f) Workers who are victims of gender-based violence will have the right, to make their protection or their right to comprehensive social assistance effective, to the reduction of the working day with a proportional reduction in wages or salaries. the reordering of the working time, through the adaptation of the timetable, the application of the flexible timetable or other forms of organisation of the working time that are used in the enterprise.

Article 30. Leave of absence for reconciliation of family life.

I. Workers shall be entitled to a period of leave of no more than three years in order to take care of the care of each child, either by nature or by adoption, or in the case of a permanent and pre-adopted child. count from the date of birth or, where appropriate, from the judicial or administrative decision.

II. Workers shall also be entitled to a period of not exceeding one year for workers to care for the care of a family member, up to a second degree of consanguinity or affinity, who for reasons of age, accident or illness or disability cannot to be self-employed, and not to carry out paid activity. For justified reasons and upon acceptance by the undertaking, the duration of the undertaking may be extended up to a maximum of two years with the right to reserve the place of work, in order to attend to first-degree relatives of consanguinity.

III. For reasons justified and upon acceptance by the undertaking, a surplus may also be granted for a maximum period of one year, to a worker who has to attend to the direct care of a family member, up to the first degree of consanguinity or affinity, which for reasons of age, accident or illness cannot be used by itself and despite the development of paid activity, is in a situation of the IT as a result of the reasons given above. For justified reasons and upon acceptance by the undertaking, the duration of the undertaking may be extended for up to two years with the right to reserve the place of work.

IV. If two or more employees of the same undertaking generate this right for the same deceased person, the undertakings may limit their simultaneous exercise for justified reasons for the operation of the undertakings.

V. Where a new subject causes the right to a new period of leave, the beginning of the period shall end to the one who, where appropriate, has been enjoying himself.

VI. In the cases referred to in the preceding paragraphs of this Article, where the worker remains in a situation of leave, that period shall be computable for the purposes of seniority, and the worker shall be entitled to attend training courses. (a) a professional, whose participation shall be convened by the undertakings which are signatories to this Convention, in particular on the occasion of their reinstatement. During the first two years they will be entitled to the job reserve. After that period, the reserve shall be referred to a position of work in the same professional group.

Article 30 (bis). Licences without remuneration.

Fixed template staff, with at least one year's seniority in the company, may apply for a non-wage license of a minimum duration of one month and a maximum of one year, entitled to the reservation of their job.

The application for the license must be formalized at least 30 days in advance of the start date of your enjoyment. The licence may be extended only once, with a notice of at least 15 days before the end date.

This license will not be granted to work or collaborate with companies whose functional scope is included in Article 1 of this Convention, giving rise, in the event of non-compliance, to a very serious lack of extinction of the employment relationship as a dismissal.

A new license may not be ordered until one year from incorporation into the last enjoyed work.

Article 31. Holidays.

Workers will be entitled to 23 working days of holidays per year, establishing themselves as a period of enjoyment for 15 of those days, from 1 June to 30 September each year. Staff who enter or cease in the course of the year will be counted in proportion to the time worked.

The holiday calendar must be made in the first quarter of the year, so that the worker knows the dates of enjoyment at least two months before the start date.

The start of the holiday will not be able to be held in a public holiday or on a worker's rest day.

The choice of holiday shifts will be performed by a rotating system so that the worker who chooses one year in the first place will not do so the following year.

Workers with children of compulsory school age will have a preference to choose holidays on dates that coincide with the annual school holiday period.

In the case of marinas and marinas, taking into account their high activity in the summer period, the nautical staff hired all year, will be entitled to 25 working days when their enjoyment cannot be realized in the summer. period. In any case, you will enjoy, at least once every two years, 13 working days on holiday in the summer period.

CHAPTER V

Economic Regime

Article 32. Wage structure.

The following concepts will be considered for salary:

Base salary. -It is the set for each category within the corresponding professional group indicated in the salary tables of Annex 1 to this convention.

Plus of Nocturnity. -It is the one set out in Article 34, the amount of which is set out in Annex 1 to this Convention.

Wage supplements. -They are the amounts accrued to the worker, in addition and regardless of the base salary, taking into account different circumstances of the unit of time such as those of the job or of quality in the job. These supplements have the character of non-consolidables in the worker's salary and can be the subject of compensation and absorption.

They do not have the consideration of salary for extrasalarial perceptions. -These are the amounts of indemnification or expenses that the worker perceives as a result of the provision of his work without, in any case, are part of the basis for social security contributions. Thus, within this concept, they are established, the diets and a plus of mileage.

Article 33. Overtime.

Extraordinary hours held on Sunday or in official public holiday will be compensated for 1.75 hours of rest for each hour of work.

Extraordinary hours spent in days other than Sunday or official public holidays shall be compensated by 1,50 hours of rest for each hour of work.

Extraordinary hours not compensated for in time off shall be paid for the amounts set out in Annex 1, depending on whether they are carried out in ordinary days, Sunday or at one of the 14 holidays. officers.

Article 34. Nocturnal.

A night worker shall be deemed to be a worker between 22 and 6 hours, a part of not less than three hours of his daily working day.

Companies, in this case, will pay the worker a plus of Nocturnity in the amount of the value equivalent to 15% of the cost of the ordinary hour for each hour worked of the night day.

The parties, however, agree that for those workers who do not have the consideration of night workers, but their day will end after 22 hours, or start before 6 in the morning, they will receive (a) a supplement for each hour of effective work which is included in the schedule referred to above, which shall be the amount shown in Annex 1.

The right to the perception of the amount of this plus shall be effective from the day following its publication in the Official Gazette of the State.

Children under 18 years of age will not be able to perform the night day. No overtime may be held within that day.

Article 35. Extra pay.

Workers shall be entitled to two extraordinary payments, of 30 days of base salary and voluntary improvement, provided that the worker receives the worker, each of them, which shall be payable semi-annually: the one corresponding to June, from 1 January to 30 June of each year, and the corresponding to December, from 1 July to 31 December, also each year.

The payment of such payments shall be made, at the latest in June on the 30th of that month and the December day on the 20th day of that month.

Extra pages may be prorated monthly, if they are agreed between the company and the worker.

Article 36. Wage increases.

The application wage tables for 2014 are reflected in Annex 1 to this Convention.

A wage increase equal to the CPI plus 0.50% on all the salary concepts of the agreement is established for 2015.

For each of the following years of validity of this agreement or of its extensions, an increase in the salary and extrasalarial arrangements, equal to the amount of salary, is established with effect from 1 January of each year. Actual CPI for the year immediately above 0.50%. Allowances and mileage are excepted from this increase.

The aforementioned wage increase will be implemented with effect from 1 January. To this end, the Joint Committee will meet annually in January to calculate and publish the annual salary tables. If the tables in this Article have not been published for three months, they shall be immediately applicable.

Article 37. Plus transport.

The workers to whom this agreement applies shall receive, as a supplement plus transport for each day effectively worked, the amount of EUR 2,5 for the year 2014 laid down in Annex 1 to the Present Convention.

Article 38. Diets.

A diet is understood to be an extrasalarial remuneration which is due to the worker who, for reasons of work, must move to a place other than the place where he habitually provides his services.

You will have the right to receive a diet of the staff who, because of the service, have to spend breakfast, lunch, dinner or overnight stays, provided that the following circumstances are present:

(a) That the provision of services to be performed requires it to be absent from its usual place of work to a point that is situated outside the province or island where it radiates the place, and overnight stays outside the locality of its You will also be forced to eat breakfast, eat or dine outside.

(b) That because they have to be absent from their usual place of work, they must be forced to eat or dine outside the place of the place of residence of the centre or work centres of the undertaking in which they usually work, or of municipalities borders to this one.

The right to the perception of the amount of the allowance shall be limited and shall have effect only from the day following the publication in the Official Gazette of the State of this Convention and in the following quantities:

Breakfast: 4 euros.

Food: 15 euros.

Dinner: 16 euros.

During the term of the Convention, these amounts will be increased in the same way and with the same percentage as the salaries are reviewed.

If the worker must stay overnight, his accommodation will be in charge of the company in hotels of at least three stars.

The amounts of travel by public transport during the working day and/or as a result of this, will be the value of the one-way and return tickets in the transport decided by the company.

The obligations set out in this Article shall not apply to workers who are in any of the situations referred to in Article 13 of this Convention.

Article 39. Plus mileage.

Workers who, at the request of the company and during the working day, voluntarily agree to make their journeys in their own travel or travel vehicle, will receive the amount of EUR 0.19 as cost of locomotion. per km or that which establishes the Treasury as exempt from taxation.

The right to the perception of the amount of this plus shall be effective only on the day following the publication in the Official Gazette of the State of the present Convention.

The obligations set out in this Article shall not apply to workers who are in any of the situations referred to in Article 13 of this Convention.

CHAPTER VI

Staff Classification

Article 40. Professional groups.

The workers covered by this Convention will be classified in functional levels identified with the names of Group 1, Group 2, Group 3, Group 4 and Group 5, and can be included within the same different categories. levels, the confluence of which is established according to the basic tasks and tasks they perform, as well as the training or specialisation required to exercise them.

Group 1.

General criteria.-In this group, workers who perform functions involving complex and heterogeneous tasks, which involve the highest level of professional competence, are included in this group. to direct and coordinate the various activities of the company's development. They develop the policy of organisation, the general approaches to the effective use of human resources and material aspects.

Make decisions or participate in their elaboration, and they play senior management or execution positions in the company.

Training. -It requires the equivalent of a university degree of higher or middle grade or a long experience in the sector.

Included in this Group are the Directors-General, Managers of the Gymnastics or Physical-Sports Activity Centers.

Group 2.

General criteria. -Workers who perform functions that assume full responsibility for the management of one or more functional areas of the company, based on general guidelines, are included in this group. directly from the staff belonging to Group 1 or the company's own Directorate, depending on the size of the company.

Coordinate, monitor, and integrate the execution of heterogeneous tasks and order the work of a set of contributors.

They also carry out functions that involve performing complex technical tasks, which require specific preparation, as well as others that consist of establishing or developing programs or applying special techniques.

Training. The required training is equivalent to a university degree of higher, medium, or specific job title, or a period of experience or long experience acquired in similar work. and/or in the sector.

Equation:

Level I: All activities for the following jobs are included at this level: department managers,

such as financial, human resources, commercial, marketing, technical activities, as well as medical, etc.

Level II: This level includes all activities corresponding to the categories: Physiotherapists, DUE, Accounting, Department of Management, Head of Maintenance, etc.

Group 3.

General criteria. -Workers who exercise autonomous execution functions, who usually require initiative and decision on the part of the worker in charge of their execution, are included in this group.

They also integrate, coordinate, and monitor tasks with homogeneous content, performed by a group of collaborators.

Training. The required training shall be the equivalent of an academic degree of average grade, first degree vocational training, or specific qualification to the tasks performed, or accredit to a long acquired experience. in the sector.

Equation:

Level I: This group includes all activities related to the following categories: fitness coordinator, aerobic activities, swimming pool, racket, class class, maintenance of facilities, Administrative officer 1. No. 1. facilities maintenance officer, reception coordinator.

Level II: All activities corresponding to the following categories are included in this group: multidisciplinary monitor. A worker who imparts more than one different directed discipline or activity is understood as such, regardless of the facility or medium where he is given, including first responders and/or ward monitors, who also provide other discipline or directed activity.

Group 4.

General criteria. -Workers who perform tasks consistent with the execution of operations that, even if performed under precise instructions, require professional knowledge or skills are included in this group. practices. They perform jobs consistent with running specific tasks within a broader activity.

Training. The basic training required will be the equivalent of first-degree vocational training, the school graduate or the specific qualification to the task which it carries out, although it may not be provided with a period of Accredited experience in a job position of similar characteristics.

Equation:

Level I: This group includes all the activities corresponding to the following categories: masseur, 2. facilities maintenance officer, administrative officer 2. lifeguard, unidisciplinary monitor, own shop within the sports facilities, cleaning manager.

Level II: All activities corresponding to the following categories are included in this group: administrative auxiliaries, telephonists, access control, doorman, aesthetician.

Group 5.

General criteria.-Workers carrying out tasks according to specific, pre-established instructions are included in this group, which normally require non-professional knowledge of an elementary character and a short period of adaptation.

Training. The required training is equivalent to a school graduate who can meet the experience.

Equation. -All activities corresponding to the following places or the like are included in this group: cleaning staff, facilities maintenance pawn, locker room staff, block mozo, etc.

Professional groups. Marinas Sports and Golf

Group 2.1

Group 2.1

Group 3.1

	Categories
Group 1
	Group
Contractor.
	Chief of
Flag
	Radio.
	Tractorist.
	Specialist Jarmoney 1.
	Golf teacher.
	Head caddie master.
		Sports Secretary.
	Group 3.2
Golf Wizard
	Group 3.2
		Caddie master.
	Commercial.
Group 4.1	Marinero.
	Marshall.
	Golf
Group 4.2	Night guard.
	Auxiliary varadero.
Group 5	Responsible costume
	Picking Up.
	Jarmoney.

Article 41. Work in different professional groups.

The company may entrust the worker with his or her own functions as a professional group other than his own, provided that there are technical or organisational reasons to justify it and during the period indicated in the following paragraphs, reintegrating into your old job at the end of the reason that gave rise to the change or the maximum period allowed.

The performance of work of a higher professional group may not exceed 6 months for a period of 12 months, or for 8 months for a period of 24 months, so that if they were exceeded, the automatic membership of the worker to the top group. The remuneration while performing the functions in the upper group will be the same.

In order to ensure that the worker has to perform functions of a lower professional group, the situation will be maintained for the necessary time, while retaining the economic remuneration for the professional group of origin, unless the situation is motivated by the worker's own application.

The above will not apply to the professional group corresponding to the multidisciplinary monitors who are in Group 3 Level II), who will develop their activity according to the the needs of the company as monitors in the different modalities or activities that are given to the clients in the center of the company, without the change in the specific activity or teaching to be considered work in different group professional.

CHAPTER VII

Labor Code of Conduct

Article 42. General principles.

This Agreement on Labor Code of Conduct aims to maintain a work environment that respects the normal coexistence, technical management and organization of the company, as well as the guarantee and defense of the rights and legitimate interests of workers and employers.

The management of the company may sanction the actions or omissions guilty of the workers who assume a contractual breach of their duties, according to the graduation of the faults established in the The following items.

It is for the Company in use of the faculty of Management to impose sanctions in the terms stipulated in this Agreement.

It is considered sexual harassment of all types of verbal and/or physical assaults suffered by any worker or worker, regardless of their position or position of work in the company, within the same or in the performance of the some service, when such attacks come from the employer himself, from any person in whom the employee or employee is delegated to, whether or not being outside the company, any type of service in the company and which, with Clearly intentional sexual character, it agrees with the dignity and intimacy of the person, considering These are the innuendos or attitudes associated with improving working conditions or job stability for any worker or worker, with the approval or refusal of sexual favours, any behaviour that has as a cause or as an objective the discrimination, abuse, vexation or humiliation, all by reason of sex and sexual assaults of any kind and which are demonstrated by the worker or the worker.

The company will guarantee the prompt and confidentiality in the correction of such attitudes, considering the sexual harassment as a very serious lack within its breast, leaving aside the right, on the part of the affected person, to attend to the road of criminal protection.

Article 43. Fault classification.

All misconduct committed by the workers will be classified in attention to their transcendence, or intention in: mild, severe, very serious.

Minor fouls.-The following are considered minor faults:

1. The lack of punctuality in the attendance at work, in such a way that they add three faults in one month or two when the delay is greater than 15 minutes in that period.

2. Failure to communicate the absence to work in good time for justified reasons unless it is proved impossible to have done so.

3. Missing a day of work without proper authorization or cause.

4. To be absent from the job during the performance of the job without justifying, for short time and without further consequences.

5. Small neglects in the conservation of the genera or the material of the company.

6. Discussions, as long as it is not in the presence of the public, with other workers within the company.

7. Lack of toilet and personal cleaning when it is such that it can affect the production process and image of the company.

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

Serious faults. -Serious faults are considered as follows:

1. The sum of punctuality in attendance at work when it exceeds thirty minutes in one month or for two minor faults for the same reason.

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

3. Inattendance at work without proper authorization or justified cause of two days.

4. The disobedience to the management of the company, to those who are with powers of management or organization in the regular exercise of their functions in any matter of work, provided that the order does not imply an vexatious condition for the worker or poses a risk to the life, integrity, health of both him and his colleagues. If the disobedience is repeated or is involved in the manifest of the discipline in the work or of the discipline, it will be detrimental for the company or for the persons it may be qualified as a very serious fault.

5. Failure to comply with orders or non-compliance with safety and hygiene rules at work, as well as refuse to use the means of safety and hygiene provided by the company.

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

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

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

9. Discussions with other workers in the presence of the public or beyond.

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

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

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

2. The simulation of illness or accident.

3. Fraud, disloyalty or breach of trust in the arrangements entrusted to them, as well as in dealing with other workers or with any other person during work, or in trade or industry negotiations on their own or in another person without the express consent of the companies, as well as unfair competition in the activity of the same.

4. Violate the confidentiality of the correspondence or reserved documents of the company or disclose to persons alien to the same the content of these.

5. Inexcusable recklessness or negligence, as well as non-compliance with safety and hygiene rules at work, where they are the cause of serious accidents at work, serious harm to colleagues or third persons, or serious damage to the undertaking or its products.

6. The usual drunkenness and drug dependence manifests in the working day and in his job. The state of drunkenness to the ingestion of narcotic drugs once again will be constitutive of a serious lack, provided it does not transcend the clients.

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

8. Theft, theft or misappropriation committed both to the company and to the co-workers or to any other person within the company's premises or during the working day anywhere else.

9. Continuous and voluntary decrease in the normal performance of your work.

10. Lack of respect or consideration for the public.

11. Cause frequent scuffles and pendences with coworkers.

12. Ill-treatment of a word or deed or a serious lack of respect and consideration for the Chiefs or their family members, as well as the companions and subordinates.

13. All conduct, in the field of work, which seriously respects the respect of privacy and dignity through the offence, verbal or physical, of a sexual nature. If such conduct is carried out by prevailing in a hierarchical position, it will constitute an aggravating circumstance of that position.

14. Psychological or moral harassment that promotes a hierarchical superior or co-worker through actions or omissions in the workplace.

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

16. The recidivism in serious misconduct, even if it is of a different nature, provided that it is committed within six months of the first one, having mediated written sanction.

Article 44. Sanctions regime.

The penalty of the faults will require written communication to the worker, stating the date and the facts that motivate it.

The Company will account for the legal representatives of the employees of any penalty for serious and very serious misconduct.

Imposed the penalty, the effectiveness in its compliance will take place within a maximum period of 30 days from the date of notification.

The penalties that companies may impose, depending on the severity and circumstances of the misconduct, will be as follows:

I. For minor faults: Verbal, written warning, suspension of employment and salary up to three days.

II. For serious misconduct: Suspension of employment and salary of three to thirty days.

III. For very serious faults: From the suspension of employment and salary of thirty-one days to sixty days, until the termination of the contract of employment or dismissal in the cases where the fault is qualified to its maximum degree.

Article 45. Submission to the ASEC.

The parties to this agreement consider it necessary to establish voluntary procedures for the settlement of collective conflicts and therefore agree to their accession to the existing agreement on out-of-court settlement collective conflicts (ASEC).

Those collective conflicts or discrepancies that do not exceed the scope of an Autonomous Community shall be subject to the institutions created for that purpose in that Community.

CHAPTER VIII

Training clauses

Article 46. Continuing training.

The parties to this agreement undertake to participate actively in all the work, forums, and other activities resulting from the development of the Organic Law of June 19, of the Qualifications and of the Vocational Training.

Also agree to adhere to the continuing training agreements in force at any time by the constitution and, where appropriate, to maintain a Continuous Training Sectoral Joint Commission.

The two sides undertake to develop training actions or projects of a general interest for this productive sector, in order to meet the specific needs of the workers ' qualifications. workers throughout life, as long as these actions affect an area superior to an Autonomous Community.

Article 47. Training and qualification.

The signatory parties undertake to set up a joint committee for the performance of all the functions which the Organic Law of the Law of the year, of Qualifications and Vocational Training establishes, and to collaborate with the Institute National of Qualifications in the elaboration and maintenance of Qualifications that affect the scope of this collective agreement.

The Sectoral Joint Committee will be set up as a sector-wide management, monitoring and control body provided for in the National Continuing Training Agreement. It will be composed of the most representative Business and Trade Unions at sectoral level.

CHAPTER IX

Trade union rights

Article 48. Of the workers ' representatives.

Workers 'representatives shall be understood to be the Company's or the Personal Delegates' Committees and the Trade Unions of the Trade Union Section, which shall have the powers, rights and obligations set out for them. by the Organic Law on Freedom of Association, Workers ' Statute and the Collective Convention itself.

Article 49. Intercentres Committee.

Those companies with two or more job centers and in total over 200 workers will be able to constitute an Intercenters Committee.

For these purposes, the members of the various committees of staff or staff delegates shall appoint from among their constituents to whom they shall be represented in the Intercentres Committee to discuss the various problems arising from the application of this Convention which, as far as the work centre is concerned, should be dealt with in a general manner at the level of the entire undertaking.

The Inter-Centres Committee shall be composed of nine members who shall at each time be responsible for the proportionality of the results of the company's union elections.

The expenses arising from the meetings of the Inter-Centres Committee in those undertakings in which they are constituted shall be paid by them in the form agreed between the management and the representatives of the workers.

Article 50. From the trade unions.

The signatory parties ratify their status as valid interlocutors, and are also recognized as such, in order to implement, through their organizations, rational labor relations based on mutual respect and to facilitate the resolution of how many conflicts and problems arise.

The regulatory precepts, clauses of the Collective Agreements, the individual covenants and the unilateral decisions of the employer that contain or assume any form of discrimination shall be null and void. employment or working conditions, whether favourable or adverse, by reason of accession or not to a Union, to its agreements or to the exercise in general of trade union activities.

Article 51. Union delegates.

1. The trade union sections that are legally constituted, will be represented, for all purposes, by the Trade Union Delegates elected by and among their affiliates in the company.

The number of Trade Union Delegates that correspond and their time credit will be within the provisions of Article 10 of the LOLS, applying the total number of the company's template.

The legally constituted union shall communicate in writing to the Company's Directorate the person or persons who shall perform the duties of the Trade Union Delegate.

2. Functions of the Trade Union Delegates:

2.1 Representing and defending the interests of the Union to whom it represents, and of its affiliates in the company, and serving as an instrument of communication between its Union and the Company's Directorate.

2.2 Attend meetings of the Business Committees and the Committee on Safety and Health, with voice and no vote.

2.3 You will have access to the same information and documentation that the Company must make available to the Business Committee in accordance with the provisions of the Law, being obliged to keep professional secrecy in the matters in the legally applicable. They will hold the same guarantees and rights as recognized by the Law and the Collective Agreement, to the members of the Company Committees.

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

Article 52. Union guarantees.

1. Where a member of the Staff Committee or a staff member or a trade union member has exhausted his personal credit, he may accumulate that of other members of his or her own Committee or trade union for the same period, with the express authorisation of such members, prior knowledge of the management of the company.

The exercise of the time-accumulation referred to above shall not prejudice or detract from any of its rights recognised or collectively recognised, in the course of its financial year, to those of its own group or level.

2. The hours spent at the meetings of the Negotiating Committee of this Convention or of the Joint Committee, the Committee on Safety and Health, as well as the new ones which may be established by mutual agreement, shall be carried out by the undertaking. being computable as part of the credit schedule established in the law or in this Convention. The time to attend meetings convened by the management of the company shall not be computable.

3. The credit of monthly paid hours for each of the members of the Staff Committee or Delegates shall be at least twenty in each institution.

CHAPTER X

Job Health and IT

Article 53. Occupational health.

Workers are entitled to effective safety and health protection at work.

In compliance with the duty of protection, the employer must ensure the safety and health of the workers at their service in all aspects related to the work. To this end, in the context of its responsibilities, the employer will carry out the prevention of occupational risks through the integration of preventive activity into the enterprise and the adoption of all the necessary measures for the protection of workers. the safety and health of workers in the field of the plan for the prevention of occupational risks, risk assessment, information, consultation and participation and training of workers, action in case of emergency and serious and imminent risk, health surveillance.

Rights to participate and organize prevention.

A joint safety and health and environmental committee will be set up to monitor the agreements of the Convention on the Evaluation of the Application of the Law on the Prevention of Occupational Risks in the Sector.

Within the maximum period of two months from the date of publication of the agreement, the organizations which have signed the agreement shall constitute this commission, with a joint nature and composed of four members of the representation union and four members of the business representation. In that committee they may be integrated with a voice but without a vote, two advisers for each of the two representations.

At the meeting of the constitution of that Commission, the schedule of meetings and the procedure for regulating its operation should be established. The arrangements for arrangements in the operation of such a Commission shall mean that the adoption of decisions shall require a favourable vote of at least half more than one of the two representations of the Commission.

Agreements to be adopted within that Commission shall be incorporated into the body of the Convention.

This Commission will have as a priority task the study of the consequences that in the sectorial field implies the application of the regulations on the prevention of occupational risks, as well as the one of the subjects related to occupational risks and the prevention of such activities affecting the various activities of the sector as a whole.

other functions of the commission will be to coordinate information on accidents in the sector, to promote improvements in this field and to encourage prevention, coordination and development of training programmes. responsible for companies, delegates and workers.

Top and subcontracted enterprise.

All companies, two or more, that develop activities through their workers in the same workplace have an obligation to cooperate and coordinate their preventive action in the face of occupational risks.

To this end, the necessary resources or means of coordination shall be established, as well as the information to be provided to their respective workers. This obligation of information is extended to operations contracted in cases where the employees of the contractor or subcontractor, even if they do not provide services at the centre of the main undertaking, use the machinery, equipment, products, raw materials or supplies provided by the latter.

1. It is for the employer to inform and instruct employers, to carry out their activities at the centre, on the risks identified in the workplace and on protective and preventive measures. as well as on the emergency measures to be implemented, for the transfer of the workers concerned.

2. The main undertaking has an obligation to ensure that contractors or subcontractors comply with the rules on the prevention of occupational risks, provided that the contract or sub-contract relates to the carrying out of works or services which correspond to the to the main activity itself and to develop in their own work centers.

3. The duties of cooperation, information and instructions provided for are applied to self-employed persons who carry out activities in such centres of work.

A preventive planning will be carried out with the contractor companies, as well as the elaboration of a manual for the prevention of contractor companies, where they appear:

The requirements and responsibilities of the contractor and contractor on preventive matters.

Information, consultation and participation of the prevention delegates of the main or the holder or of the ESC on the procurement of works and services, the cooperation of the prevention delegates in the implementation and promotion of the prevention and protection measures taken.

Let the information provided be in writing.

Collect the type of information to be provided where statistics are included not only for work accidents but include ITCC casualties.

Rights of workers ' representatives.

The main entrepreneur will produce and deliver the following documentation:

Risk assessment of subcontracted companies in the main company.

Business Activity Prevention Plan.

Risk assessment.

Subcontracted prevention manual.

Security teams, epis.

Accreditation of information and training.

Input and work permissions.

AA.TT notification and communications.

Emergency measures.

Information to workers.

Health Screenings.

Risk assessment.

The employer must carry out an initial assessment of the risks to the safety and health of workers, taking into account, in general, the nature of the activity, the characteristics of the jobs and of the workers who need to perform them.

The assessment shall be updated when the working conditions change and, in any case, shall be submitted for consideration and reviewed, if necessary, on the occasion of the health damage that has occurred.

If the results of the planned assessment show risk situations, the employer shall carry out the necessary preventive activities to eliminate or reduce and control such risks. Such activities shall be the subject of planning by the employer, including for each preventive activity the time limit for carrying out such activities, the designation of the persons responsible and the human and material resources necessary for their implementation.

Prevention Plan.

The prevention of occupational risks must be integrated into the general management system of the company, in all its activities as well as in all the hierarchical levels of the company, through the implementation and implementation of a work risk prevention plan.

This work risk prevention plan should include the organizational structure, responsibilities, functions, practices, procedures, processes and resources necessary to perform the action of the risk prevention in the enterprise, in terms that are regulated by law.

Health surveillance.

The employer is responsible for the monitoring of the health of the workers in their service according to the risks inherent in the work and therefore it is mandatory to guarantee the periodic monitoring of the health status of the workers.

Individual surveillance will be carried out in accordance with the medical protocols published by the Ministry of Health and Consumer Affairs, with specific health examinations aimed at adequate compliance with the current regulations. material.

The following protocols will be considered in this case:

Occupational dermatitis, forced postures, repeated upper limb movements and occupational asthma. All of them related to the risks of the sector, and should be adopted according to the results of the risk assessment and the characteristics and circumstances of the worker.

This surveillance can only be carried out when the worker gives his/her consent. This voluntary character shall be exempt only, being compulsory for workers where there are indications that a risk to the life or physical or mental integrity of their own or others may arise from their state of health, subject to the prior report of the representatives of the employees.

Individual health surveillance will be performed on an annual basis or according to the frequency of risk groups collected in the official medical protocols.

Measures for the supervision and control of workers ' health shall be carried out in compliance with the right to privacy and the dignity of the worker and the confidentiality of all related information. with your health status.

Prevention of risks related to chemical agents.

First of all, environmental limit values will have to be taken into account. In order to measure these values, all installations shall have a relative humidity and temperature meter which is duly approved with ISO 9001. This equipment must be calibrated at least once a year.

The assessment of the risks arising from exposure by inhalation to a hazardous chemical agent shall include the measurement of the agent's actions in the air, in the worker's breathing area, and its subsequent comparison with the appropriate environmental limit value.

In the light of the results of the assessment, the employer must take the necessary technical and organisational measures to protect workers against these risks through a Prevention Plan.

In accordance with Articles 18 and 19 of the Law on the Prevention of Occupational Risks, the employer must ensure that workers and workers ' representatives receive appropriate training and information on the risks arising from the presence of chemical agents in the workplace.

All containers and pipes used for hazardous chemical agents must be marked. The information on the label shall include the name or formula of the hazardous substance or preparation and details of the risk.

When water purification in swimming pools is done by procedures involving the use of chlorine or its derivatives, the amount of free chlorine that the water contains shall never exceed 0,60 milligrams per litre.

Sectoral delegates.

In the face of the problems posed by the application of the regulations on the prevention of occupational risks in this sector, the Joint Committee on Safety and Health and the Environment considers the constitution of the Figure of the sectoral delegate for prevention, whose powers, powers and functions are set out below:

The figure of the sectoral delegate for the prevention of occupational risks is characteristic of being a figure that is not directly linked to a company or work center and its performance is developed in the field of companies that are signatories to the sector agreement.

This figure will be appointed among the members of the trade union representation on the basis of their trade union representation and their competence will be to act in those undertakings which are set by the Joint Sectoral Commission of Safety and Health and the Environment.

Your functions in a generic way consist of:

Freely enter into all work centers.

Meet, alone or before witnesses, with representatives of staff, prevention delegates and prevention services officers or collect the information you deem necessary. If no staff representatives or prevention delegates are present in the visited centre, you may interview the staff.

Advising the employer on all matters related to the prevention of occupational risks.

Participation with the company in improving preventive action.

Promotion and promotion of the cooperation of workers in the implementation of the regulations.

Consultation of the employer, prior to the execution of the decisions mentioned in the L.P.R.L.

Surveillance and control over compliance with workplace risk prevention regulations.

Accompany the technicians in the preventive nature assessments of the work environment and the Labour and Social Security Inspectors.

Having access with the expected limitations marked in the L.P.R.L. to information and documentation regarding working conditions.

Power to go when health damage occurs to know the circumstances of the health.

Maternity protection.

The risk assessment shall include the determination of the nature, degree and duration of the exposure of women workers in a situation of pregnancy or recent birth, to agents, procedures or conditions of work which may have a negative impact on the health of workers or the unborn child, in any activity likely to present a specific risk. If there is a risk to safety and health or a possible impact on pregnancy and breast-feeding, the employer shall take the necessary measures to avoid exposure to such a risk, through an adaptation of the conditions or the working time of the affected worker.

Such measures shall include, where necessary, the non-performance of shift work.

Where adaptation is not possible or, in spite of such adaptation, the conditions of a job may have a negative impact on the health of the pregnant worker or the fetus, and the doctor certifies that the adaptation is not possible. The social security scheme applicable to the worker, the worker must have a different job or function and is compatible with her state. The employer shall determine, after consultation with the representatives of the employees, the relationship between the positions and the risk-free jobs.

The change of position or function will be carried out in accordance with the rules and criteria applied in the functional mobility assumptions and will have effects until the time the worker's health status permits return to the previous post. If the worker's job or compatible function does not exist, the worker may be assigned to an office which does not correspond to her group or equivalent category, but shall retain the right to the set of remuneration of her place of origin.

All this will also apply to the breastfeeding period.

In the event that no job or function is compatible with the worker's status, the worker will be placed in a situation of suspension of the contract of employment entitled to an economic benefit at risk during the pregnancy. The company will supplement this benefit up to 100% of its remuneration (or the regulatory basis if it is better).

In the event of risk during pregnancy, the suspension of the contract will end on the day the suspension of the birth contract begins or the worker's inability to return to her/her position above or another compatible with its status.

Psychological harassment at work.

The signatory parties are aware of the relevance of psychological and moral harassment at work, as well as the serious consequences of their existence for the safety and health of workers, and which also has significant consequences for the normal development of the business of the company.

Psychological harassment is defined as the situation of harassment suffered by a worker in the field of work, in which psychological violence is carried out in a systematic, recurrent and for an extended period of time. and which lead to social isolation and extranishment in the work environment, which can cause psychosomatic diseases and states of anxiety and depression, in order to cause the affected person to leave the job.

The parties undertake to prevent practices considered perverse and which may involve situations of workplace harassment towards workers and, if they appear, to investigate and eradicate them, as well as their assessment. as another job risk.

Article 54. Sexual harassment and by reason of sex.

Introduction.

Article 48 of the Organic Law for the Effective Equality of Women and Men states that companies must implement specific measures to prevent sexual harassment and harassment on the basis of sex in the work they will have to do. negotiate with the legal representation of workers and workers.

Likewise, Articles 17.1 and 54.2 g) of the Workers ' Statute, the Penal Code, Articles 8.13 and 8.13a of the Royal Legislative Decree 5/2000 of 4 August, approving the recast of the Law on Infringements and Penalties in the Social Order, and Law 31/2005 of 8 November on the Prevention of Occupational Risks, companies must put all means at their disposal to prevent any act of sexual harassment or by reason of sex in the field work.

Therefore, a protocol of action for the prevention of these behaviors and the establishment of a special procedure in such cases is approved.

Declaration of Principles.

The entities and organizations that sign this protocol, assume that sexual harassment and harassment on the basis of sex constitute an attack on the fundamental rights of the working people, so they will not allow shall tolerate any action or conduct of this nature, applying, in the event of the occurrence, the system of penalties laid down in the legislation in force and/or in this Convention.

All company personnel have the responsibility to help ensure a work environment in which sexual harassment and sexual harassment are not accepted or tolerated. In particular, the management of the company has a duty to ensure with the means at its disposal that such situations do not occur in the organisational units under its responsibility. In the event of occurrence, the aid must be guaranteed to the person who denounces it, and to avoid by all means that the situation is prolonged or repeated.

It is up to each person to determine the behavior that, either by the superior, the partner or the recipient of the service, is unacceptable and offensive to him, and thus he must make it known using any of the procedures that here are set.

Consequently, the Equality Committee, or failing that, the representatives of the workers or sectoral delegates, undertake to observe and follow the mechanism set out in the following Protocol drawn up with the company, in the case of having knowledge of a situation of sexual harassment or because of sex while safeguarding at all times the right to privacy of the person suffering the harassment.

Definitions.

Sexual Harassment shall be considered to be any conduct contrary to the dignity and sexual freedom, whose offensive and unwanted character on the part of the victim is or should be known to the person who performs it, and may interfere negatively in their employment context or when their acceptance is used as a condition to avoid adverse consequences both in the development of work and in the expectations of the victim's promotion.

constitutes harassment on grounds of sex any gestural, verbal, behavior or attitude that atents, for its repetition and/or systematization, against the dignity and physical or mental integrity of a person, that occurs in the a framework for the organisation and management of a company, degrading the working conditions of the victim and endangering their employment.

Overall Take Action Procedure.

A special procedure is established based on confidentiality and speed. The person who is the subject of sexual harassment or harassment on grounds of sex shall bring it to the attention of the relevant body without prejudice to the victim's inter-position of the relevant administrative or judicial proceedings.

In the case of a complaint for sexual harassment or harassment on the basis of sex, and until the matter is resolved, the company will determine the separation of the victim and the alleged stalker, and the latter will be the object of the case. of mobility, without any substantial modification of the working conditions of the person suffering from the harassment.

The signatory parties undertake to create the figure of the mediator. This will be chosen among the people who are formed in the matter and may or may not be a member of the legal representation of the workers and workers, but in any case it will have the same legal protection as the trade union representatives. Its mission will be to channel complaints and complaints that occur through sexual harassment or because of sex. At the time of receiving a complaint, it will be brought to the attention of the legal representation of the workers and the business representation. A Commission for Equal Opportunities and non-discrimination will be set up whose membership will be equal (two persons from the social side and two persons from the business side) who will investigate what has happened. The confidential nature of all information collected on the case shall be ensured.

The investigation will have several phases:

In the first one will try to get the person who is allegedly harassing, to retract what is said or done. The second will have a more formal character and will be developed within the company.

The investigation work shall be carried out within a maximum of 10 working days from the formulation of the complaint after which it shall issue a report setting out the relevant actions and sanctions.

The content of the disciplinary regime shall apply to all workers regardless of the position or position in respect of sexual harassment or for reasons of sex.

Any sexual harassment or sexual harassment behavior or action shall be graduated in proportion to the seriousness of the facts. An aggravation shall be deemed to be an aggravation of the hierarchical situation with the person concerned or with workers whose contract is temporary, so the penalty shall be applied to the maximum extent.

In all cases where there is a complaint of sexual harassment or because of sex, any retaliation against the victim, witnesses or any other person involved in the sanctioning procedure shall be avoided. Very serious fault-making behaviors.

Training.

The parties to this Convention undertake to conduct awareness-raising courses on sexual harassment and sex harassment for all employees of the company, including managers. They also undertake to organise specific training courses for the persons involved in the procedures for the prevention, control and punishment of sexual harassment and for sex.

Article 55. Transient incapacity.

In the event of an occupational accident or occupational disease, the worker shall be entitled to a supplement up to the total of the contribution base.

In case of common illness it is supplemented to the total of the base of quotation, only in case of hospitalization and its recovery.

Additional disposition first. Generic use of the language.

In the text, the male has been used as a generic to encompass the workers and workers, without this being ignorant of the existing gender differences, to the effect of not performing a writing too much complex.

Additional provision second. Age.

Those workers who come in receipt of a salary supplement will maintain it without being compensated or absorbed by future wage improvements of this agreement. For those undertakings which have their own company agreements or agreements where the concept of seniority is regulated with their employees, it shall be governed by the provisions of that convention.

Additional provision third. PRL Joint Committee. Regulation.

Within the maximum period of two months from the publication of this Collective Agreement in the Official Gazette of the State, the signatory parties undertake to bring together the Joint Committee on Safety and Health at Work, with the aim of to study the impact and, where appropriate, to regulate, measures aimed at preserving the health of workers such as the drawing up of the catalogue of occupational diseases and the adequacy of ratios in swimming courses.

ANNEX I

Salary tables year 2014

Professional Group	Level	Art. 32 Base Salary			Art. 33 1.5 * S.H.	Art. 33 1.75 * S.H.	Art. 37	Art. 34 15% S.H.	Art. 13 15% S.B.
		Base Salary - Euros	monthly Base Salary 14 Pages - Euros	* Base Salary Euro Time/hour	* Extra non-festive time Euros/hour	* Euro/hour extra-festive time	Plus Transport - Euros	* Plus night time Euros/hour	Mobility 14 Pages - Euros
1.	-	15.374.28	1.098, 16	8.74	13.10	15.29	2.50	1.31	164.72
2.	1	14.093.11	1.006, 65	8.01	12.01	14.01	2.50	1.20	151.00
	2	13.665.94	7.76	7.76	11.65	13.59	2.50	1.16	146.42
Group 3.	1	12.384.77	884.63	7.04	10.56	12.31	2.50	1.06	132.69
	2	11.616.19	829.73	6.60	9.90	11.55	2.50	0.99	124.46
Group 4.	1	11.120.27	794.31	6.32	9.48	11.06	2.50	0.95	119.15
	2	11.120.27	794.31	6.32	9.48	11.06	2.50	0.95	119.15
Group 5.	-	11.120.27	794.31	6.32	9.48	11.06	2.50	0.95	119.15

* Base salary modules, extra time, non-festive hour, extra-festive time, and night time plus night time reflected in this table are minimal, should be added to the salary supplements that each worker in his/her case might have.

Article 38. Diets.

Breakfast: 4.00 euros.

Food: EUR 15.00.

Dinner: € 16.00.

Article 37. Plus mileage.

0.19 euros km.

Work Day Item

1,760 hours a year.

ANNEX 2

Salary Table 2014 Gardening Convention For Golf Courses

Master Gardener: 1,169.37 euros.

Official Outfielder: 1,114.86 euros.

Outfielder: 1,008,92 euros.

Apprentice Gardener: 756.91 euros.