Seen the text of the collective National Convention for companies engaged in field service for activities of replenishment (Convention number 9916925012009 code) that was signed with date 12 December 2013, on one hand, by the Association of companies of operational Marketing on behalf of the companies in the sector, and another, by trade unions UGT and CC. OO. on behalf of the workers, and in accordance with the provisions of article 90, paragraphs 2 and 3, of the law of the Statute of workers, revised text approved by Royal Legislative Decree 1/1995 of 24 March, and in Royal Decree 713/2010, 28 of may, on registration and deposit agreements and collective labour agreements , This Directorate-General of employment meets: first.
Order the registration of the collective agreement cited in the corresponding register of conventions and collective work agreements with operation through electronic means of this Center Directors, with notice to the Negotiating Committee.
Have your publication in the «Official Gazette».
Madrid, May 13, 2014.-the General Director of employment, Xavier Jean Braulio Thibault Aranda.
Convention collective national for the companies dedicated to the services of field for activities of replacement I. scope article 1. Functional area.
This collective Convention lays down basic rules and regulates minimum conditions between the companies dedicated to services of replenishment of products on large surfaces, to limitation and not limited to, distribution chains, hypermarkets, supermarkets and convenience stores and employees, meaning including expressly, for guidance purposes the activities of management, administration and planning of the activities of manipulation and location of goods on the shelves beaconing and expiration control and inventory of products, and verification of the correct exposure of the merchandise on the shelves.
In this way the regulation contained in this collective agreement, excludes expressly what is agreed in any other that can be included in the scope of application of the activities included in this, linking to all the companies and workers included in its scope, without prejudice to the regulation of the conditions laid down in the conventions of company, they shall be governed by the provisions of article 84 of the E.T.
Article 2. Territorial scope and structure of the negotiations.
This collective Convention shall apply throughout the territory of the Spanish State for companies and workers included in the functional area.
Article 3. Personal scope.
The present collective agreement regulates working conditions among service companies described in the functional scope and its workers, meaning workers to those who provide their services to the company or in other places, but always on behalf of utilities.
Article 4. Time and review.
The term of this agreement is set for a year, entering into force on January 1, 2014 and ending on December 31, 2014. The economic effects will be valid from 1 January 2014, anyone who is the publication date of the collective agreement.
After losing the initial term, means extended year year provided that it is not reported by any of the parties in time and form.
The complaint should be carried out with a minimum of three months before the expiration of the term of the agreement or any of its extensions and should be formalised in writing and notified to the other party and to the labour authority within the deadline.
Article 5. Personal guaranties.
Working conditions that were higher than those laid down in this Convention, considered as a whole and on an annual basis will be respected on an individual basis.
Article 6. Absorption and compensation.
The conditions laid down in this agreement, whether or not wage nature, they will compensate and absorb all the existing at the time of its entry into force, any that the nature and the origin of them.
As conditions minimum of this collective agreement shall be respected upper ones implanted earlier, examined as a whole and on an annual basis.
The economic conditions previously agreed above those laid down in the present collective agreement will be respected. For these purposes, will be implemented the salary structure of the present collective agreement, whereas the difference until economic conditions previous to complement personal (ad personam), both the salary and the non-wage and compensation and supplemented by the same concept.
Article 7. Link to all.
Agreed conditions being an organic and indivisible whole, this Convention will be void and not have any effect on the assumption that the authority or competent court, in the exercise of the powers which are her own, objetase or invalidase any of its covenants or not approve all of its content, which must be one and indivisible in their application.
II. Organization and control of work organization, direction, control and surveillance of the work will correspond only and exclusively to the companies affected by the Convention, which will bring its own management in the execution of this activity, with appropriate risk-taking.
Consequently, companies affected by this Convention will maintain the power of direction over their workers and kept about them the rights, obligations and responsibilities inherent to their status as employer.
Whatever that business activity is to provide services, the place of provision of services for employees affected by the Convention may be the place of business, so they can be as work centers, but as places of work, and must obey workers exclusively the orders and instructions emanated directly from the address of the company that provides its services or designated persons by this.
System of rationalisation, mechanisation and direction of work adopted, can never harm the training staff has right to complete and refine by practice, and must be consulted the legal representatives of the workers in all decisions relating to technology, organization of work and use of raw materials that have physical and/or mental impact of the worker.
The worker will take care of tooling, tools, equipment, clothing and machines which entrusted him to the development of his work, keeping them in perfect state of conservation and cleaning and giving account to the company, through Team Manager or Supervisor who appropriate, faults or defects that may be in them for their knowledge and possible remedies , with the aim of maintaining the quality of the service.
Article 8. Place of service provision and delimitation of areas of work.
Given the special circumstances of mobility is sometimes made the provision of workers included in the Group's customer, the place of execution of work determined by the powers of the company's services, as well as the production needs of the customer in the contract for the provision of services. By virtue of, customer service staff will lend its activity in any of the places of work in which customer required its services, without cause entitled to the accrual of diets, or is configured as a course in individual geographic mobility, the destination to workplaces that are located within the same locality. These effects mean town the municipality concerned, both urban and industrial concentrations that are grouped around it and forming with him a macroconcentracion urban or industrial, although they are administratively different municipalities, provided that they are notified by means of public transport at intervals not longer than half an hour, the entry or exit of workers , or failing that are within a radius of 25 km from the boundary of the municipality of the town where workplace of the customer whose contract for the provision of services was hired was located. Staff may be changed a work center to another, in accordance with the expressed powers, within the same locality, if possible, for each work place to service workers who reside closer to him.
Article 9. Geographical mobility.
In the event of transfer to other than the same company workplaces requiring a change of residence, when there are grounds to economic, technical, organizational or production to justify them, it shall apply as provided in article 40 of the Statute of workers.
Exhausted the procedures and time limits legally laid down, and once the transfer is Executive, the worker is entitled to the compensation for the costs of travel of the person concerned and family members who live together and therefore have to move with it, and transportation of furniture, clothing, appliances, etc.
III. classification of staff article 10. Areas of activity.
The following functional or organic Areas in relation to its correspondence are established in homogeneous branches. In any case, the functional mobility occurs within the group, with the limit of the suitability and fitness required for the performance of the tasks entrusted to the employee in each job, previous realization, if necessary, simple processes of training and adaptation, and within the limits provided for by article 39 of the Statute of workers.
Area 'A': Area of structure comprehensive of all activities own that demand the normal functioning of the company for his administration in all areas and levels, and configured as the branch of management.
It involves from the functions of the management and organization of the activity more complex and for which is required to be in possession of qualification and specific knowledge, maximum responsibility and high degree of autonomy, until those other auxiliary character for those who only require elementary knowledge and responsibility and initiative restricted and those that do not require skill or specific skill any.
Area "B": Area of customer care comprehensive of all activities directly related to the direct execution of the work required by the customer. Ranging from those that require more experience and involve a greater degree of responsibility and autonomy, to those of auxiliary character for which only elementary or similar professional qualification is required.
Article 11. Professional classification.
Professional classification system is established on the basis of professional groups and functional areas. The secondment of workers to the different groups will come depending on skills, qualifications, responsibility and autonomy.
Professional groups: Group I: 1. General criteria: encompasses all those tasks that run according to specific instructions, clearly established, with a high degree of dependence, preferably requiring physical effort or attention, framing both require that professional's essential knowledge, and who do not need specific training, except for the occasional period of adaptation.
2. training: Experience acquired in the performance of an equivalent profession and qualification of graduate in secondary education, graduate school or schooling certificate or certificate have completed compulsory secondary education, vocational technical training or technical Assistant or have completed a program of social or similar warranty.
They will integrate this group jobs with basic and elementary functions, as limitation, the following: Area 'A':-Gofer/a.
Manipulator for goods.
-Head of Group (head/a team composed of less than six shop/as).
Group II: 1. General criteria: tasks which consist of operations carried out by a method of precise work that, even if they are made under precise instructions, require adequate professional knowledge and practical skills, and whose liability is limited by a direct or systematic monitoring.
2. training: Qualification or knowledge in the pursuit of their profession equivalent to graduate in secondary education, basic General education or vocational training of technical or technical assistant, complemented with a training in the workplace.
Limitation, may join this group the following jobs: Area 'A':-Administrative Assistant.
-Official perishable products.
Group III: 1. General criteria: autonomous execution jobs that usually require initiative by the workers who play them, behaving under supervision, responsibility for them and may be assisted by one or more other workers.
Also will be part of this group, all functions involving integration, coordination, and supervision of homogeneous tasks, performed by a group of collaborators, one minor organizational stage.
2. training: Qualification or knowledge in the pursuit of their profession high school, polyvalent unified baccalaureate or professional training of technician or technician, complemented with specific training and/or experience dilated in the workplace.
Limitation, may join this group the following jobs:-technical.
Head for service.
Group IV: 1. General criteria: functions that involve complex and heterogeneous, technical tasks with global objectives and high degree of autonomy, initiative and responsibility requirement.
Functions that involve the integration, coordination and supervision of functions, performed by a group of contributors to a functional unit.
Also included in this professional group functions that assume full responsibility for the management of one or more functional areas of the company, from spacious general guidelines directly emanating from own address, to those who must give account of its management, as well as functions that perform technical tasks of high complexity and even participation in the definition of the specific objectives is supposed to achieve in its field , with very high degree of autonomy, initiative and responsibility in this role of technical specialty.
2 training: Degree or equivalent graduates or graduates, complete with a training acquired knowledge in the pursuit of their profession specified in the job.
Limitation, may join this group the following jobs:-Director to Department or area.
Delegate for area.
-Graduated / superior.
-Graduated / medium.
IV. employment and hiring article 12. General rules of engagement.
The hiring of workers shall comply with current legal standards on placement, in every moment and specifications contained in this collective agreement, committing the companies to the use of different models of procurement provided for in the law, in accordance with the purpose of each of the contracts.
1. the conditions agreed upon in the present collective agreement refer to the realization of the ordinary maximum working agreed in its article 33, so apply proportionally on the basis of the effective day carried out.
2. all workers enjoy the same licenses or permits, paid holiday, regimes of weekly clearance, extra payments, option to training courses, etc., provided that they are compatible with the nature of their contract in proportion to the time actually worked and divisible or indivisible character of benefits that could correspond to them.
3. regardless of the form of contract, the trial period shall be governed as provided for in article 13 of this collective agreement.
4. to set the basic salaries of employees, except in training, days less than the agreed in article 33 of this Convention, shall be taken as the basis of calculation salary base corresponding to their professional group time.
Article 13. Trial period.
A period of testing, according to regulated in article 14 of the Statute of workers of: Group I: a month.
Group II: Two months.
Group III: Three months.
Group IV: Six months.
The trial period must be agreed in writing and may the contracting parties resolve, during the term of the same, in a way unilateral and freely the employment relationship without notice and without the right to any compensation.
In accordance with the above, they may agree trial periods lower than those specified in this clause, proportional to the duration of the contract, when it has a temporary character.
Article 14. Ceasefires.
Workers who wish to voluntarily cease in the service of the company, will be forced to put in knowledge of it, complying with the following periods of notice: – personnel management, entitled: two months.
-Technical and administrative staff: one month.
-Other personnel: 15 (calendar) days.
Failure of the worker to the obligation of preavisar indicated in advance will entitle the company to deduct the amount of the salary of a day for each day of delay in the notice, calculated on the total wage concepts that the worker was receiving at the time of the cessation of the settlement of the same.
The notice must exercise in writing and the company shall be bound to sign the acknowledgement of receipt.
Settlements shall be made available to the workers within 15 days following the date of low.
However, if at the moment cause low in enterprise, worker/a not had returned to the company tooling, tools, clothing, documents, etc that you may have in your possession and they owned it, the company may withhold settlement until the delivery of the same, either deduct the liquidation value of such elements.
Article 15. Eventual contract.
For the purposes of the provisions of article 15(1) b) of the Statute of workers, will be temporary staff who has been hired by companies at the time provide services to cater to the circumstantial demands of the market, accumulation of tasks or orders excessive, whilst being the normal activity of the company.
The maximum duration of these contracts may not exceed nine months over a period of eighteen.
If you subscribe for a period less it may be extended by agreement between the parties, by only once, while the total duration of the contract does not exceed that maximum limit.
Article 16. Contract for works or service determined.
The legal regime of this contract be accommodated under article 15(1) to) of the Statute of workers and in 2 of the Royal Decree 2720 / 1998, December 18.
The contract for work or particular service purpose is the execution of an activity (work or service) with autonomy and substantivity within the activity of the companies affected by the Convention and will have a limited duration in time, although its exact scope is not known at first, but it will depend on the completion of that work or service subject to recruitment.
These effects are identified as work or task with own substantivity, within the normal activity of the companies in the sector, which may be covered by contracts for the realization of works or certain services, those involving the needs of a service coverage in a specific establishment (distribution chains, hypermarkets, supermarkets and convenience stores) contracted with one or more third parties, relating to a specific section or product line. In any case, work or service contracted to be specified accurately in the employment contracts.
Article 17. Contracts of employment practices.
It will be the provisions of article 11 of the Statute of workers, establishing the possibility of using this type of recruitment for staff structure, included in the professional group III of this Convention. Also be the contracting practices of personnel belonging to the professional group II structure, provided that the knowledge required for the job concerned, are the subject of specific vocational training for medium or top grade or degree officially recognized as equivalent.
The fee for this type of contract will be 60% and 75% for the first or second year on salary fixed salary tables of this Convention for a worker who performs the same or equivalent job.
Article 18. Contracts for training.
Shall apply the provisions of article 11 of the Statute of workers, settling the following durations: may engage itself in this form, staff included in professional group I, with the exception of the Gofer/a, cleaner, waiters of warehouse and handler of goods (with a year old), while the percentage of contracts does not exceed 2% of the total staff of workers included in the aforementioned group.
The maximum duration of these contracts shall be two years for officer and six months for all other functions.
Time dedicated to theoretical training can provide remote and/or concentrate throughout the period of the contract, provided that he has not exhausted the time of duration of the same.
Companies that use this type of training should be sent to the Joint Commission of the Convention brackets containing the information about the courses.
The salary for these workers will be 80% and 90% for the first and second year salary fixed salary tables of this Convention for a worker who performs the same or equivalent job. However, in no case may be less than the national minimum wage in proportion to the effective working time, which may not exceed 75%, during the first year or 85% during the second or third year of the planned maximum working.
Article 19. Part-time contract.
Part-time contract shall be considered when providing agreed services during a certain number of hours a day, week, month, or year, in proportion to the day's work of a comparable full-time worker of less.
It shall apply the provisions of article 12 of the Statute of workers, expressly declaring that part-time workers will have the same rights than full-time workers, with proportional to its day those who, by their nature, allow.
Whatever the activity of the companies affected by the Convention, has adapted to the productive needs of different customers, this means in practice the existence of different types of days part time and the existence of different types of expenditure, arising as a result of displacement from the home to the different work centers. As a result, both parties expressly agreed the plus of transport, shall be paid in proportion to the effective working time.
The company and the worker may agree to transformation of one full-time contract in other part-time.
The worker employed full-time part-time, who had served for three years or more will have preferential right to occupy the first full-time vacancy that occurs in their workplace or at outside Centre where he made the "provision of services" in the same post or one of similar characteristics, and must make request in writing within a period of seven days since the company publish the existence of vacancy.
On the assumption that there were several workers who meet the requirement previously designated, more seniority worker will have preference in the workplace in question, not to cover preference part-time workers with more seniority will have the vacancy in the company.
You can remember the realization of complementary contracts hours part-time, provided the contracted day is greater than 10 hours per week on an annual basis. In these cases is must formalize in writing and on official model that the effect this set.
Given the specific characteristics of the services object of the company, the distribution and form of realization of the supplementary hours suit the needs and actual changes to services, communicating the company worker with enough time and respecting the days and breaks between sessions and weekly breaks.
Sets the number of additional hours that are agreed in the contracts on time partial can be up to 60% of the contracted regular hours. In any case the ordinary hours and additional hours exceed the legal limit of part-time work defined in article 12.1 of the Statute of workers.
The number of contract hours part-time will be adapted to the reality of the services assigned to the worker, always keeping the partiality of the day.
Article 20. Discontinuous fixed contracts.
It will be provisions in article 15.8 of the Statute of workers.
The order and the form of the call for permanent-intermittent workers, shall be as follows: workers will be called each time that they will carry out the activities for which they were hired, and its appeal will be gradually depending on needs requiring at each time the workload to develop within the period from start of the promotional campaigns or production cycles except for force majeure duly noted.
The appeal shall be made by order of seniority of workers in the company, according to the needs of working and will be done by groups of workers in the different geographical areas set out in each enough company to complete an order placed by a customer.
Produced the appeal, the worker is obliged to their incorporation into the work.
The Company undertakes in that period of time which is marked as start of campaign to start the activity on it, except for cases of force majeure duly noted.
The cessation of the permanent-intermittent workers will be gradually and according to the decrease of activity of the company, and rotating groups of workers, so that, the first to be hired, will also be the first to cease work, but so do all the permanent-intermittent workers provide the company an equal number of days within each campaign or production cycle.
However the foregoing, in the cases where a worker is linked to a concrete action and individual engaged by a client, the partial cessation of a client contract will affect exclusively to the / s person/s who have assigned this service individually. Thus, in these cases, not taken into account the order of incorporation of workers.
The specific obligations of the permanent-intermittent workers consist of go to work whenever they are called to it to carry out the work object of recruitment. The breach of this obligation during three calls, without justification by the same will be good cause for termination of the employment contract.
Workers with employment contract fixed discontinuous with an antiquity in the company exceeding two seasons will have preferential right to occupy ordinary fixed jobs full-time or part-time in the Centre's work in the same job. As established for such purposes in the regulation of this Convention for the working part time.
Article 21. Commitments for the promotion of stable employment.
This collective Convention signatory organizations, aware of the instability in the Employment Sector, affecting see suitable and necessary contribution to promote employability especially young people, promote stability in employment, through, well the transformation of temporary work contracts in stable contracts either by directly going to the indefinite character recruitment.
Throughout the term of the collective agreement, the companies will hire / transform a number of contracts enough to reach 60% of stable employment, your personal structure Area-A and hold it during the term of this agreement.
V. salary structure the remuneration of workers included in the scope of the Convention, will be distributed in their case among the Group Base salary and allowances of the same.
Article 22. Remuneration according to tables.
The economic tables will be which are expressed in annex I to the Convention.
This annex contains the minimum wage guaranteed for each professional group.
The remuneration collected the salary tables corresponds to the whole day and different wage levels corresponding to each professional group.
Article 23. Salary based on group.
The corresponding worker means group base salary depending on their membership in one of the professional groups described in the present collective agreement.
Base salary paid the annual day of work agreed upon in the collective agreement and legally established periods of rest.
Operating personnel receive pay based on particular hour wage by the number of effective contract hours.
Article 24. Extra payments.
Workers are entitled to two extraordinary bonuses a year that will be paid on 15 July and 15 December (summer extra pay and extra pay of Christmas).
The amount of each of these bonuses extraordinary shall be a monthly payment of the wage base of Convention more seniority complement.
Summer extra pay is accrued from July 1 until June 30 next.
Pay extra Christmas accrue from January 1 through December 31.
In accordance with the provisions of article 31 of the Statute of workers, establishes the possibility assessed payment of extraordinary bonuses in the twelve monthly installments.
Article 25. Wage hour.
The determination of the global wage/hour, which includes the payment of proportional part of paid extras and holiday for workers who have so agreed or may agree to it as normal formula of payment, will be made of the Convention or the higher annual remuneration agreed, divided by the number of hours per year laid down in article 32.
Article 26. Wage supplements.
Wage supplements are the amounts which, in his case be added to the Base salary of group by any different concept of the annual day of the worker and his affiliation to a professional group.
The wage supplements will be adjusted, mainly to one of the following ways: to) personal: as derived from the personal conditions of the worker.
(B) of job: are add-ins that the worker perceives mainly due to the characteristics of the job in which effectively carries out his service. These add-ons are functional in nature and their perception depends, mainly, the effective delivery of work in the assigned stand, so it will not have consolidatable character.
Except for those contracts for the provision of service during the night, workers making their workday in the period between 10 o'clock and 6 o'clock, are entitled to the compensation which may be economic or rest equivalent, to enjoy during the week following the provision of the service.
(C) by quality or quantity of work: consistent in quantities that the worker perceives because of better quality or more work, or based on the status and results of the company or an area of the same.
Article 27. Plus transport and distance.
Sets this plus extrasalarial as compensation for travel expenses within the local area as well as from the Center for work and returning home, produced by the worker on an annual basis by eleven months of work.
The amount of the bonus of transportation and distance, will be fixed in the pay tables and are remunerated monthly, regardless of its nature and days effective from the month, so the worker not see monthly perceptions varied or during the holiday period.
Article 28. Displacement.
Personnel who have to travel to another town, because of the service shall be entitled to the see of diets as it determined by article 30. In the case that do not move in the company car, it is entitled to that is paid you, in addition, the cost of the fare in the midst of suitable transport. If displacement is done in a particular vehicle worker, credited 0.18 euros per kilometre.
These effects mean town both the municipality concerned, as urban or industrial concentrations which are grouped around it and forming with him a Macroconcentracion urban or industrial, although administratively distinct municipalities, provided they are connected by means of public transport at intervals not longer than half an hour, the entry or exit of workers , or are within a radius of 25 km from the border of the municipality of the town where workplace of the customer whose contract for the provision of services was hired was located.
Article 29. Diets.
The amount of allowances agreed in this collective agreement shall be:-when the worker has to make a meal out of his town: 6 euros.
-When the worker has to make two meals out of his town: 12 euros.
-When the worker has to spend the night and make two meals out of your local: 45 euros.
Article 30. Settlement and payment of wages.
The liquidation and payment shall be made preferably within the first five working days of each month and, at most, within ten calendar days following of the month in which occurs the accrual of wages by any of the means provided for in the Statute of workers.
Article 31. Derogating clause in the working conditions.
When majeure economic, technical, organizational or production, by agreement between the company and the representatives of the workers, it may proceed, previous development of a period of consultation under the terms of article 41.4 of the workers statute to very working conditions provided for in the Convention relating to the following matters in the company (: a) working day.
(b) schedule and the distribution of working time.
(c) duty shifts.
(d) system of remuneration and wage amount.
(e) performance work system.
(f) functions, when they exceed the limits foreseen by article 39 of this law for functional mobility.
(g) voluntary improvements in the protective action of Social Security.
Means that economic causes attend when the results of the company comes off a bad economic situation, in cases such as the existence of current or expected losses, or the persistent decrease in their level of revenue or sales. In any case, means that the decline is persistent if for two consecutive quarters the level of revenue or sales for each quarter is lower than the one registered in the same quarter of the previous year.
Means that technical reasons concur when changes, among others, in the field of the means or instruments of production; causes organizational when, among others, changes in the scope of systems and methods of work of the staff or mode of organizing production, and causes productive when changes, among others, the demand for the products or services that the company intends to place on the market.
Intervention as partners to the direction of the company in the consultation procedure will correspond to the subjects indicated in the article 41.4 of the Statute of workers in the order and conditions indicated in the same.
When the consultation period ends with agreement shall be presumed to concur the reasons referred to in the second paragraph, and can only be contested before the social courts by the existence of fraud, fraud, coercion or abuse of right in his conclusion. The agreement must accurately determine the new applicable working conditions in the enterprise and its duration, which may not be extended beyond the time where applicable a new Convention in this company. Derogating agreement may not give rise to the breach of the obligations set forth in the Convention concerning the Elimination of discrimination on grounds of gender or that were provided, where appropriate, in the equality Plan applicable in the company. In addition, the agreement shall be notified to the Joint Commission of the collective agreement.
In case of disagreement during the consultation period the discrepancy either party may refer to the Committee on the Convention, which will have a maximum period of seven days to pronounce, to count since the discrepancy was raised you. When had not sought the intervention of the Commission or this would have not reached an agreement, the parties must resort to procedures that have been established in the inter-trade agreements of State or regional scope, provided for in article 83 of the workers ' Statute, to effectively solve discrepancies arising in the negotiation of the agreements referred to in this section including the prior commitment to submit disagreements to binding arbitration, in which case the arbitration award will have the same effectiveness as the agreements on consultation and only be appealed in accordance with the procedure and on the basis of the reasons set out in article 91 of this body of law.
When the consultation period ends without an agreement and were not applicable to procedures that referred to in the preceding paragraph or these had not solved the discrepancy, either of the parties you can submit the same solution to the National Advisory Commission on collective agreements when the failure of the working conditions affect the work centres located in the territory of more than one autonomous community , or to the relevant bodies of the autonomous communities in other cases. The decision of these bodies, which may be adopted within its own ranks or by an arbitrator designated by themselves with appropriate safeguards to ensure their impartiality, shall be held in period not exceeding twenty-five days counting from the date of submission of the dispute to such bodies. Such a decision will have the effectiveness of the agreements reached in consultation and will only be appealed in accordance with the procedure and on the basis of the reasons set out in article 91 of the Statute of workers.
The result of the proceedings referred to in previous paragraphs which finished with the failure of working conditions must be reported to the labour authority for the sole purpose of deposit.
VI. secondment of personnel article 32. Subrogation.
At the time of the extinction of a lease of services, the staff of customer service included in professional groups I and II of the outgoing company, affiliated to the service in question will be assigned to the new company of the same, which is subrogated in all the rights and obligations, except those of economic (, in accordance with the provisions of the third paragraph of this article, provided that is any of the following cases: to) active workers who provide their services in the workplace subject to subrogation, with a minimum age of the last six months, regardless of the nature or form of their work contract.
((b) at the time of change in the ownership of the service they are sick, sale, on leave of absence or similar situation, always and when they have served on the Center object of subrogation prior to the suspension of his contract and workers who satisfy the minimum age established in section a).
(c) workers who with interim agreement, replacing some of the workers referred to in the preceding paragraph.
In any case, the contract of employment between the outgoing company and workers is only extinguished at the time thereof right the subrogation of the same to the new awarded.
The aforementioned subrogation will not affect the remuneration actually received by the worker in the outgoing company, when these exceed the amount paid by the incoming company workers in these jobs work or equivalent. In this way, the incoming company, be paid maximum subrogated staff, quantities came paying their own personnel, not may be affected, in any case, by individual or extra-statutory covenants entered into between subrogated workers and the outgoing company.
There will be no subrogation with regard to the individual entrepreneur or partners with effective control of the company shareholders, administrators or it managers, spouses of those mentioned above and contracted as fixed or fixed intermittent workers and having family relationship until 2nd degree of consanguinity or affinity with the previous ones, unless otherwise agreed.
The application of this article shall be binding for the parties to which links: company earnings, new awarded and worker, operate the subrogation of full-time assumptions, both in the lower day.
In the event that a customer termination of the lease contract of service with a company, with the idea of performing such services with its own staff, and subsequently recruited with other new service, six months, the new concessionaire be incorporated into your template affected staff of the former company, provided give the requirements laid down in this article.
All cases of subrogation referred to in to), b), c) of the present article is must prove documents, by the outgoing company the incoming in the period of five working days, counting from the moment in which the incoming company informs the salient in an irrefutable manner, be the new successful bidder of the service through the following documents :-Certificate of the competent body to be aware of payment of Social Security.
-Photocopy of the four latest monthly payroll of the workers concerned.
-Photocopy of the TC-1 and TC-2's contribution to Social Security for the last six months.
-Relationship of staff where he specified: name and surname, address, number of affiliation to Social Security, antique, day, time, mode of recruitment, specification of mandate if the worker is trade union representative and date of the enjoyment of your holiday.
-Photocopy of the contracts of employment of staff affected by the subrogation.
-Copy of documents duly completed for each affected worker is made to record that this has received from the outgoing company liquidation of proportional parts of its assets so far of surrogacy, not leaving any outstanding amount. This document must be in the hands of the new awarded at the date of the start of the service as a new holder.
Meet this requirement the outgoing company, automatically and without further formalities, the incoming company is subrogated in all personnel providing services in the workplace.
Article 33. Rights of information and consultation.
Both the transferor company, and the assignee company, must inform the legal representatives of the employees affected by the transfer, prior to the succession or replacement business, the following issues: • the date certain or scheduled transfer.
• The reasons for the same.
• The legal, economic and social consequences for the workers.
• The provisions with regard to workers.
• Relationship of workers concerned, including those with suspended labour contract.
• List of excluded workers.
In cases in which there are no legal representatives of workers, those affected by the transfer shall be informed, individually and prior to succession or replacement business of content above, in addition to the personal situation of the worker affected regarding its individual contract.
VII. day article 34. Day.
The annual maximum working is 1,826 hours of effective work. They waged a day and a half of uninterrupted, corresponding to the compulsory weekly rest. A minimum of twelve hours between the end of a day and the start of the next must mediate.
The weekly rest period shall be of day and a half, which can be enjoyed, provided that there is mutual agreement between employers and workers, in the following ways: to) without interruption.
(b) a day, a week and two days the next.
When the day is split, this not may divide into more than two periods, and must mediate between a minimum of an hour and a maximum of three.
Part-time workers-for day that does not exceed four hours, will take place on an ongoing basis.
Annually the company shall draw up the work schedule, and must expose a copy of it in place on each work center, a copy of which must be turned to the legal representation of the workers.
Taking into account that should be established in the different autonomous communities the possibility of opening certain Sundays and/or public holidays, or to carry out the work on such Sundays and/or public holidays, will be required for the customer's internal organization reasons (realization of inventories, changes in linear, etc.), work on such days shall be compensated with rest on another day of the week. Despite the above, the number of Sundays and/or public holidays worked, may not exceed 75% of the authorized by the corresponding autonomous community.
It agrees the possibility of unevenly distributed the day throughout the year according to the needs of the service, respecting the limits set out in article 34 of the Statute of workers. Also, remember that the ordinary working day may not exceed nine hours, with respect in any case rest between days established by law.
If a worker for needs of the service could make your monthly day assigned, must compensate their journey within twelve months, either in the Center or work centers assigned, either at any other Centre that designate the company whenever there is real service needs and that the location of the new workplace is within what is defined as a locality in article 8 of this collective agreement or that didn't with the assigned or any of those allocated in more than 25 km.
Hours not recovered for reasons imputable to the company will be paid. Hours not recovered by cessation of causes attributable to the employee, or the company will be unpaid, and shall be deducted, where appropriate, the corresponding liquidation.
Article 35. Overtime.
It will be extraordinary time considered all working time exceeding the ordinary day established on an annual basis, which can be compensated by equivalent rest or economically, according to production needs of the company.
Overtime will be voluntary, except those made by other urgent extraordinary damage and need repair claims. Shall not be considered mandatory overtime realize that by removing expired products.
The overtime arrangements are offset by equivalent rest or are paid in amount not less than the value of ordinary time, accrue as follows: If the worker in a reference month accounted for fewer hours worked that the proportional part of which would correspond you to having worked at this time of the year on an annual basis It must compensate the company in the following months in the way expressed in the previous article.
If the worker in a reference month accounted for more hours worked than the proportion that would be working on that date of the year on an annual basis, the company must pay the excess of such hours of that month as overtime, not computing the hours extra paid for the computation of the next month.
However given the nature of the activity of the company, the workers agree, to end originally assigned service works, which are initiated before the end of the ordinary working day.
Article 36. Night day.
It is understood as night work which is performed between the 22 and six hours. That night work is remunerated as a general rule by offsetting with rest as referred to in article 36.2 of the Statute of workers.
Article 37. Holiday.
Workers affected by the present Convention will enjoy 31 calendar days of holiday a year. Workers with more than one year of service are entitled to enjoy a vacation period of 15 consecutive days during the months of June to September.
To enjoy the annual holiday period will be year-round natural that appropriate an accrual basis, and can be divided into two periods of 16 and 15 days respectively provided there is agreement between the parties and to ensure the proper provision of the services in any case.
Regardless of the previously established outside the period from June to September, workers will enjoy 31 days followed by holiday, exceptionally, the needs of the service permitting and upon express agreement between the two parties.
If the worker will cause low before December 31 of the year in which enjoyed the holiday, is deducted from the corresponding liquidation days enjoyed in excess amount.
In the case of temporary contracts of less than six months the amount of vacation may be paid so apportioned along with the rest of the fee.
Enjoy the holiday home is in business day, therefore the period will be from the first business day until the day immediately before the incorporation to the job.
VIII. Article 38 paid permits. Paid permits.
Staff welcomed this agreement enjoy the following paid permissions:-fifteen calendar days uninterrupted by contracting marriage or couples in fact duly registered in the corresponding register. In the event of subsequent marriage of a same worker, such permission does not can be enjoyed again until a minimum period of two years had elapsed since the previous permission. The moment of enjoyment of the marriage permission will begin the day of the ceremony and will be extended to all of the following days.
-Two calendar days by biological or natural child birth, that they may be extended to four days when the birth occurs in a province other than that the worker resides habitually.
-A day to attend the wedding of relatives up to the first degree of consanguinity.
-Two days, extendible to four, if occurs in a province other than the workplace, in the event of death, illness involving hospitalisation or surgical intervention without hospitalization required House nursing home, relatives up to the second degree of consanguinity or affinity, except in case of death of the spouse, parents or children, shall apply in the next item. Exceptionally, in cases of hospitalization, the days of permit corresponding will consecutively enjoy anytime always to the family this patient and report sufficiently in advance to the company the period, in such a way that allows the proper provision of the service to the customer.
-Four days in cases of death of the spouse, parents or children, including possible movements at this time.
-A day for transfer of your usual address.
-By the time necessary for the fulfilment of an inexcusable duty of public and personal nature, provided that this is incompatible with the working hours, and must understand as such: • the exercise of the vote.
• Participation in a polling station, as President, vocal, auditor or agent of an electoral bid.
• The intervention as a member of a jury.
• The appearance as a witness at trial civil, penal or labour.
• Attendance at trial as a plaintiff in a process, if the worker has been summoned for interrogation test.
• The performance of a public office for which it has been elected, appointed or appointed.
Be understood as the time necessary for the fulfillment of an inexcusable duty of public and personal character: • for the exercise of active suffrage, a maximum of four hours, reduced proportionately for workers with reduced day.
• For participation in a polling station as President, vocal or financial controller of an electoral bid, the day of the vote if this is labour and a reduction of the working time of five hours immediately following day.
• For participation in a polling station as representative of an electoral bid, the day of the vote if this is working.
• For the performance of public office, the time required for attendance at the meetings of the plenary of the Corporation, or of the commissions and attention to delegations that form part or the person concerned to play.
-To perform Trade Union functions of representation of staff, in the terms established legally or conventionally.
-Male and female workers, nursing one child under nine months, are entitled to one hour's absence from work, which may be divided into two fractions. The duration of the permit of proportionally increase in cases of multiple births.
Who exercise this right, by his will, can replace this right, with a reduction in the normal working in half an hour with the same purpose or accumulate it over a period of 14 calendar days, and this both for personnel structure and attention to customer. This permission may be exercised either by the mother or the father, but only by one of the parents where both work, and should be justifying documents that the other parent does not enjoy such time by a certified company.
-By the time necessary for the realization of prenatal tests and techniques of preparation for childbirth, prior notice and justification of the need for its implementation within the working day.
-Who for reasons of legal guardian have in their direct care any less than twelve years or a person with physical, mental or sensory disability, who do not carry out a paid activity, shall be entitled to a reduction of the working day, with the proportional decrease of wages between, at least, an eighth and a maximum of half of the duration of that one.
Shall have the same right who require responsible for direct care of a relative, up to the second degree of consanguinity or affinity, which for reasons of old age, accident or illness not can fend for itself, and who performs no paid activity.
The reduction in working hours referred to in this paragraph is an individual right of workers, male or female. However, if two or more employees from the same company to generate this right by the responsible subject, the entrepreneur may limit simultaneous pursuit for justified reasons of operation of the company.
The concretion time and the determination of the period of enjoyment of the permission of lactation and the reduction in working hours, provided for in the preceding paragraphs, shall correspond to the worker, always within the time structure of the company. Worker must notice in writing the employer with fifteen days before the date where re-join your ordinary day.
All these paid permission should be requested in advance as possible and subsequently justify documents before the staff the causes that led to it.
IX. Suspension of the contract of employment article 39. Leave of absence.
1 unpaid leave: workers with at least one length of a year in the company, has the right that recognize you the possibility of placed on unpaid leave for a period not less than four months and not more than five years. This law only may be exercised again, by the same worker, if they have passed four years from the end of the previous leave.
2 leave maternity leave: workers, whenever they request it in writing to the company thirty days in advance, shall be entitled to a period of leave of absence, not more than three years, to cater for the care for each child, both when it is by nature as by adoption, or in cases of foster care, both permanent and pre-adoptive, counting from the date of birth or , where appropriate, the judicial or administrative decision.
The successive children shall be entitled to a new period of leave which, in his case will end that came enjoying. If the father and the mother work, only one of them may exercise this right.
The stated period of three years to apply for the leave of absence, shall run from the date of the birth of the corresponding judicial or administrative decision.
The period of leave be taken into account for the purposes of seniority and workers are entitled to the preservation of the job during the first year of duration of the same or up to a maximum of 15 months or 18 months in the case of large families of general and special category, respectively. After this period of time, over worker retains only a preferential right to re-entry on vacancies of same or similar category to yours that had or should occur in the company.
The request for reinstatement of the worker, must be in writing in advance of at least for 30 days.
Writings both request for leave of absence and incorporation to the job must also be answered in writing by the company.
3 leave of absence by reason of his trade union office: any worker in asset that has been elected to Trade Union Office of district level, provincial or higher shall be entitled to is to recognize the status of trade union leave of absence. Request for leave of absence must be submitted in writing with a least 30 days in advance.
This leave will be extended by the duration time of the position for which it was elected.
The period of leave be taken into account for the purposes of seniority and job conservation, so over worker will be incorporated automatically to their job whenever it so requests within thirty days following the date of termination of the charge.
4. leave for care of family. - workers also shall have the right to a period of leave of not more than two years, to cater for the care of a relative up to the second degree of consanguinity or affinity, which for reasons of advanced age, accident, illness or disability, can not stand by itself, and not carry out paid activity. Request for leave of absence must be submitted in writing with a least 30 days in advance.
If two or more workers in a centre, to generate this right by the responsible subject, is may limit its simultaneous exercise for justified reasons of operation of that.
Also, as a new subject that causes turned right into a new period of leave of absence, the beginning of the same will give end to which, if any, come enjoy.
The period of leave for family care, will be computable for purposes of seniority and workers are entitled to vocational training, whose participation shall be convened by the management of the Centre, especially on the occasion of their reinstatement. During the first year, it shall be entitled to the reserve of their job. After this period the reserve will be referred to a job of the same professional group or equivalent.
However, when the worker is part of a family that has officially recognized the status of large family, the reservation of your job will be extended up to a maximum of 15 months in the case of a large family of general category, and up to a maximum of 18 months if it's special category.
The request for reinstatement of the worker, must be in writing in advance of at least for 30 days.
X professional training in accordance with article 23 of the Statute of workers, and to facilitate their training and career development, staff affected by the present Convention, which prevents entitled to see provided studies for academic or professional degree officially recognized training courses organized by the company itself or other agencies.
Article 40. Training.
Vocational training in the enterprise will be oriented towards the following objectives: to) adaptation of the holder to the job and to the modifications of the same.
(B) update and the updating of professional knowledge required in the category and job.
(C) specialisation, in its various degrees, in any sector or field of work.
(D) facilitating and promoting the acquisition by the staff of professional and academic titles.
(F) national and foreign language skills.
(G) adapting the mentality of staff towards participatory.
(H) extension of knowledge of workers enabling them to prosper and aspire to professional developments and acquisition of knowledge corresponding to other jobs.
The Joint Commission's follow-up of the Convention will prepare the plan whose compliance and general vocational training yearly, according to the designated targets in the previous article and result will be informed with the periodicity and mode that in the plan itself determined.
Staff training shall be made through the company itself or by concert with centers official or recognized, preferably carried out in the premises of the company.
Training will be provided, as the case may be, inside or outside working hours. The assistance of the staff will be required when it is delivered in hours of work.
The personnel of the company and especially that perform jobs of organic control, is obliged to lend their full support to the plan of training, when it is required, in the same activities, and in the area of their competence.
Article 41. Adherence to the national training agreement IV.
The parties that signed the collective Convention adhere to the contents of the IV national training agreement in order to promote the personal and professional development of workers, thus contributing to economic efficiency and the quality and competitiveness of each of the companies.
Company, groups of company training plans and sectoral.
In order to enhance the training of workers in the sector, each year the Joint Commission of the Convention will prepare a proposal of priority criteria for the functional area. Such a proposal will be sent for taking into consideration by the joint sectoral Committee on trade or you not occur the integration therein they will be approved as criteria inherent in the field.
The parties undertake to promote in the sector a sectoral Plan of tripartite nature in different annual calls, which will be discussed by the Joint Commission of the.
Information to the legal representation of the workers.
The parties will collaborate through the Joint Commission of the Convention that companies comply with the duties of information to the legal representation of workers and in the resolution of any dispute that may arise with respect to the report of the same.
Criteria for participation in the training plans.
The parties assume a commitment during the term of the agreement enhance the sector in both the number of hours dedicated to training and the total number of participants in training courses.
Employees attending training courses will be voluntary.
In view of the different schedules of workers part-time and with special sector workshops, greater adaptation possible schedule of courses will be sought in the programming of the training.
Continuous training carried out in the framework of plans financed within the national training agreement will be taken into account for purposes of career advancement in the company.
XI. safety and health law 31/1995 of 8 November of prevention of occupational hazards and the Law 54/2003, of December 12, reform of the regulatory framework for the prevention of occupational risks, represent a significant improvement over the previous situation in the field of occupational health. The signatory parties of the present Convention, convinced that the entry into force of this regulation with the rank of State legislation is a positive element that makes it possible to develop a general policy on occupational health that committed to the prevention of occupational hazards is the subject of priority attention on any other aspect of the development of the work.
Companies affected by the present collective agreement will have the faculty to attend labour grants from the Foundation for the prevention of risks, with the purpose of obtaining the benefits granted by this.
They will also have the right to request and obtain the benefits that give the mutual of accidents of work training or in any other action or activity that they promote.
The parties accept the work of coordination of business activities of a sectoral character, prevention of risks at work (art. 12.1 of the RD 171/2004) carried out sectoral association they belong to the companies to this agreement.
Finally the undersigned organizations attributed mutually competence to carry out information and training of workers in the sector; all this according to the provisions of articles 18, 19 and 31.3 of the 31/1995 law of prevention of occupational risks.
Article 42. Health surveillance.
The entrepreneur will guarantee workers at your service the regular monitoring of their State of health, on the basis of the risks inherent in the work, in the terms provided for in article 22 of the law on prevention of occupational risks.
Medical examinations will be volunteers for workers and specific compared the risk factors to the worker, using the protocols of surveillance of the health of workers who are prepared by the Ministry of health and Consumer Affairs is exposed. These awards shall be made available to workers within the maximum period of one month, counting from the date of the initial hiring of these.
Ensure the confidentiality of all information related to the State of health of the worker and the right to privacy will be respected and dignity of the worker not being able to use these data for discriminatory purposes.
Article 43. Coordination of business activities in the field of occupational health and safety.
Given that a significant number of workers affected by the Convention, especially those of the so-called Customer Service Area, play your activity in workplaces of third companies, the signatory parties of this Convention agree on the need to implement all measures of information regarding compliance with the rules on prevention of occupational risks in these centres , and derived from the place of work, in particular, that the risks inherent in workers in the sector, are evaluated in the plans of the companies where the service is provided.
The protection of workers, is a basic and priority goal of the signatory parties of this agreement, both parties consider that achieving it requires the establishment and planning of a series of preventive actions in the sphere of action of each of the undertakings concerned by this Convention, preventive actions that end will be the Elimination of risks in its origin , and the reduction or control through appropriate assessment of all those who could not be deleted. So all necessary measures both in the correction of existing situations and in the technical and organizational evolution of each company for the adaptation of the work shall take the person and thus protect you against occupational risks effectively.
These preventive actions will be based on the following principles: 1 the risks to the health of the worker be prevented by avoiding his generation with the Elimination of the risk factor or risk itself itself and at the time of be identified. It never primary interest of any kind, that may impede their elimination, reduction, or control.
2nd in any changes to the process or task will be sought that the new technology or production processes do not generate new risks. When new technologies are implemented, will be added all the preventive measures to avoid possible risks that could cause new deployments.
3rd the company will guarantee workers at your service the regular monitoring of their State of health as a function of the risks inherent to the work performed and tools used, and in the terms provided for in article 22 of the law on prevention of occupational risks.
The information collected as a result of this monitoring, as provided for in the law, will always respect the right to privacy of the worker.
4th with respect to the protection of maternity, the company shall take necessary measures to avoid the exposure of the workers in a situation of pregnancy or recent childbirth the risks determined in the evaluation referred to in article 16 of the law of prevention of occupational risks, which may affect the health of workers or the fetus through an adaptation of the conditions or the working time of the employee affected, in the terms provided for in article 26 of the Act.
5 companies in order to comply with the duty of protection established in the law of prevention of occupational risks, shall take the appropriate measures so that workers receive all the necessary information in relation to the provisions in its article 18.
6 members of representative bodies in the field of safety and health they could create in this agreement in accordance with the law of prevention of occupational risks, they must be informed of all decisions relating to the new technologies as well as systems of and implementation organization of work that might impact on the physical and mental health of the worker 7th the employer will have to make the effort needed and adopt the precise measures to readjust to a new job in keeping with the current situation of the worker, to all those who for any reason they could be or suffer a physical disability or mental onset in the future. In the case of the pregnant employee whose doctor prescribed by a change of job by reason of his State, you adapt to other tasks, with respect for their economic situation.
8th companies affected by this agreement, shall be liable for and shall require that the companies of the center of work, the information concerning the risks of such workplaces that may affect the activities of their employees. Those companies of the workplace without a properly performed its evaluation of occupational risks, cannot receive services of workers in companies affected by this Convention.
9th in all those situations, where shift work or night, according to the definition in the Convention 171 of the ILO, is necessary and indispensable, adoption of measures that may be necessary to mitigate the negative effects on the health of workers. These measures will be collected all the recommendations that these situations mainly made the 171 conventions of the ILO, in articles 4, 7 and 10. Likewise, in the handling of toxic substances, explosive or any other that may be dangerous, firstly be considered how to replace them with other harmless, and in the case of not being able to replace them all the preventive measures that were precise, without discarding any adoption.
Article 44. Work clothes.
Companies are obligated to provide, each year, two uniforms suitable to the job to be played by employees when, by the nature of the functions performed, required; all this in order to ensure the safety and protection of workers, which, in turn, will be required to use, during the conduct of its work, the elements provided by the company, as well as their care.
XII. trade union rights companies affected by this Convention shall respect the right of all workers to organize freely and not to discriminate or be made dependent on the employment of a worker on the condition that you do not enroll or give up their trade union membership.
Article 45. Powers of the Union delegate.
The steward shall be worker active in the respective companies, appointed in accordance with the statutes of the central or Union who represent and shall have the following functions:
-Represent and defend the interests of the Union who represent and members in the same company and serve as a means of communication between its parent Union or Union and the management of the respective companies.
-May attend the meetings of the Committee, Committee on occupational health and safety and Joint Commission's interpretation with voice but without vote.
-They shall have access to the same information and documentation that the company should be put at the disposal of the company, as established through the Law Committee, being obliged to keep professional secrecy of matters in which legally proceed.
-They shall be heard by the company in the treatment of issues of collective character that affect workers in general and the members of the Union.
-Also will be informed and heard by the company before: • about the dismissals and sanctions affecting the members of the Union.
• In terms of restructuring of template, employment regulation, transfer of workers when magazine character group or work center in general and especially project business action that may substantially affect the interests of workers.
• The implementation or revision of system of organization of work and any of its possible consequences.
-They can raise fees to affiliates, deliver Union propaganda, and hold meetings with them, all outside the effective hours of work.
-In order to facilitate the dissemination of those announcements that might be of interest to the respective members of the Trade Union and the workers in general, the company shall make available to the Union, whose representation is also the delegate, a bulletin board, to be established within the company and in a place where to ensure, to the extent of the possible , an adequate access to it by all workers.
-In terms of meetings both parties, insofar as the procedure is concerned, they will adjust their behavior to current legal regulations.
Rights recognized in articles 43 et seq. of the Convention, are without prejudice to which the organic law on freedom of Association gives all of the unions.
Article 46. Guarantees of trade union delegate.
The steward will possess the same guarantees and rights recognized by law, to the members of the Works Council.
Article 47. Union dues.
At the request of workers affiliated to plants or unions that hold the representation referred to in this section, companies deducted the amount of the corresponding trade union dues monthly payroll of workers. Worker interested in carrying out such an operation shall refer to the direction of the company a writing in which expressed clearly discount order, the central or Union that belongs, the amount of the fee, as well as the number of current account or passbook of savings to which the corresponding amount should be transferred. Companies shall carry out the above-mentioned drawdown, if not otherwise indicated, during the period of one year.
The address of the company delivered copy of the transfer to Union representation, to which affiliated worker case that such representation exists in the enterprise.
Article 48. Functions of the Committee.
In every workplace with more than 50 workers census, shall constitute a Committee of the company.
Without prejudice to the rights or powers granted by laws recognising councils the following functions: be informed by the management of the company: a.1 quarterly on the overall progress of the economic sector to which it belongs the company about the evolution of the business and the situation of production and sales of the entity, on its program of production and evolution likely employment of the company.
a.2 annually meet and have available balance sheet, the income statement, memory and in case that the company the form of society by shares of many documents give to partners.
a.3 prior to its execution by the company on restructuring of templates, closures, total or partial, definitive or temporary and the reduction in working hours, on the total or partial transfer of business facilities and vocational training plans.
Depending on the matters concerned: b.1 on the implementation and review of systems of Labour Organization and any of its possible consequences, time studies, establishments of systems of bonuses or incentives and evaluation of jobs.
b.2 on the merger, absorption or modification of the «» legal status of the company, where it involves any incidence affecting employment.
b.3 the entrepreneur will facilitate the company Committee model or models of employment contract which usually use, being legitimized the Committee to make appropriate claims against the company and, where appropriate, the competent labour authority.
b.4 on sanctions imposed for very serious misconduct and, in particular, in cases of dismissal.
b.5 in relation to statistics on the rate of absenteeism and its causes, accidents at work and occupational diseases and its consequences, accident rates, the movement of income and resignations and promotions.
Article 49. Choice and mandate.
Staff and members of the Works Council, delegates will be chosen by all workers by personal, direct and secret suffrage that can occur by mail, in the form certifying the election call.
The duration of the mandate of the delegates of personnel and the members of the Committee shall be four years, and may be re-elected in successive electoral periods.
Only may be revoked the delegates and members of the Committee during his term of office, by decision of the workers who have elected them, by Assembly convened for this purpose at the request of one-third as minimum of their constituents and most of these personal suffrage, free, direct and secret. However, this reversal may not be carried out during the processing of a collective agreement or rethink until at least six months.
Article 50. Credit hours per month.
The delegates of personnel and members of the Works Council shall provide for the exercise of their functions of representation, a credit of monthly hours paid according to the following scale: up to 100 employees: fifteen hours.
101 to 250 workers: twenty hours.
251 to 500 workers: thirty hours.
501 to 750 workers: thirty-five hours.
Of 751 onwards: forty hours.
They may be accumulated 100% Union hours of delegates of a same Union in one or more delegates, for this purpose the transfer in writing by the delegate that gives them will only be necessary and which delegate gives them is. This accumulation will be made on a monthly basis and shall be notified to the company in the last five days of the previous month.
XIII. social improvements article 51. Temporary disability.
Companies will complement benefits for temporary disability to 100% of the retributive concepts included in the salary tables of this Convention, provided that they arise from accident at work and the low longer than eight days, perceiving in such a case the complement from the first day of the low.
XIV. disciplinary regime article 52. Fouls and penalties.
The company shall be punishable acts or omissions punishable incurred by workers in accordance with the graduation of the fouls and penalties established in this chapter.
Any action or omission which incurred the worker may be sanctioned by the company according to the criteria and graduation established by law of infringements and sanctions in the Social order.
All lack committed by a worker shall be classified, according to their importance and transcendence, in mild, serious or very serious.
Minor fouls. The following minor misconduct shall be considered: 1. the sum of timely assistance to the job when exceeding fifteen minutes in a month.
2. do not take timely downward corresponding when it fails work it for justified reason, unless proven the impossibility of completing it.
3. discussions with other workers inside of the premises of the company, whenever in the presence of the public.
4. lack of cleaning staff, casual, when it is such that it could affect the production process and the company's image.
5. do not attend the public with due diligence and correction.
6. important oversight in the conservation of genres or the material of the company.
7. the lack of respect and consideration of slight character to subordinates, peers, controls, personal and public, as well as the discussion with them within the working day and use offensive and indecent Word with them.
8. the breach of the obligation to use working clothes provided by the company.
Serious offenses. Shall be regarded as serious misconduct as follows: 1. the sum of lack of timely assistance to work when it exceeds thirty minutes in a month.
2 to simulate the presence of another worker recruiting or signing for it.
3 use for own use items or belongings of the company, or remove them from the facilities or premises of the company unless there is permission.
4 jobs, without appropriate permission, particular during the workday.
5. the absence to work without proper authorization or justifiable cause for two days to six months.
6. the Commission of three minor misconduct, albeit of a different kind, within a quarter and having mediated sanction or admonition in writing.
7. all behavior, in the workplace, that attempt seriously to respect privacy and dignity through physical or verbal offence of a sexual nature.
8. the continued and habitual lack of cleaning of such nature that it may affect the production process and the company's image.
9. the abandonment of the work without just cause. If as result of the same, it originates serious prejudice to the company or caused risk to the integrity of the people, this lack can be regarded as very serious.
10. the disobedience to the address of the company in any field of work. If it involved blatant breach of discipline at work or her detriment to the company or persons is stemmed, may be qualified as serious or very serious failure according to the damage caused.
11. the breach of the rules of safety and Health established by the company, the customer or great surface are rendered services, when such failure may arise or derive a non-severe risk for himself or for a third party.
12. the failure to attend occupational safety courses proposed by the company.
Very serious offenses. The following very serious misconduct shall be considered: 1. missing more than two days to work without proper authorization or reason in a year.
2. the simulation of disease or accident.
3. fraud, disloyalty or breach of confidence in mandated negotiations, as well as in dealings with employees or any other person in the service of the working relationship with this company, or make negotiations of trade or industry on their own or other person without express permission of the company, as well as unfair competition in the same activity.
4 make disappear, render unusable or damage materials, supplies, tools, machinery, equipment, plant, buildings, appliances and company documents.
5. theft, theft, or embezzlement committed both to the company, and to coworkers or anyone else within units the company, customer or great surface in which services are provided, or the working day anywhere else.
6. violate the secrecy of correspondence or reserved documents of the company, or reveal to strangers to the content.
7 lead to frequent fights and quarrels with coworkers.
8. notorious lack of respect or consideration to the public.
9. all behavior in the workplace, which prevaliendo a hierarchical position, seriously attempt to respect privacy and dignity through physical or verbal offence of a sexual nature.
10. the Commission by a superior in an arbitrary fact involving the breach of a legally recognized worker rights. Where arises a serious prejudice to the subordinate assume an aggravating circumstance of that one.
11. the drunken regular if it has negative repercussions on the work.
12 not to surrender voluntarily to the company delivery of service or documents previously agreed for the justification of the work carried out and their results.
13. the ill-treatment of Word or work, the lack of respect and consideration to superiors, coworkers, customers and the general public.
14 breach of health and safety standards established by the company, the customer or great surface are rendered services, when such failure may arise or derive a serious risk for himself or for a third party.
15. do not use the personal protective equipment provided by the company or used equipment not authorized by the company (e.g. forklift trucks and stackers), as well as failure to observe properly defined protection procedures.
16. the recidivism in serious, albeit of a different nature, provided that is committed within six months of having produced the first.
Article 53. Sanctions regime.
Corresponds to the direction of the company the power to impose sanctions in the terms stipulated in this Convention. The sanction of minor, serious and very serious failures, will require written notice to the worker, stating the date and the facts that motivate it.
For the imposition of sanctions will follow the procedures provided for in the General legislation.
Article 54. Maximum penalties.
The sanctions that may be imposed in each case, according to the severity of the foul, will be as follows: 1 for minor misconduct: reprimand in writing. Suspension of employment and salary up to three days.
2nd for serious misconduct: Suspension of employment and salary of three to fifteen days.
3rd very serious lack: since the suspension of employment and salary of sixteen to sixty days until the termination of the employment contract in cases that lack was rated at their maximum extent.
Article 55. Prescription.
The Faculty of the management of the company to punish is barred, for minor misconduct at ten days, for twenty days serious fault and the very serious to the sixty days from the date on which that had knowledge of his Commission and, in any case, six months have been committed.
XV. equality article 56. Equality of the sexes.
All the conditions that were agreed in this agreement in any matter, will affect both sexes equally.
Article 57. Equality of opportunity and non-discrimination.
Pursuant to law 3/2007, for the effective equality of women and men, enterprises are obliged to respect the equality of treatment and opportunities in the workplace and, to this end, shall take measures to prevent any kind of discrimination between women and men, measures that will negotiate and, where appropriate, agree , the legal representation of workers, as determined in the labour legislation.
For companies of more than 250 workers, the measures of equality referred to in the preceding paragraph should be addressed to the elaboration and implementation of a plan of equality, with the scope and content laid down in this chapter, which shall also be subject to negotiation in the form to be determined in the labour legislation.
Plans of the companies are an ordered set of measures taken after a diagnosis of situation, aimed to achieve equality of treatment and opportunity between women and men in the company and eliminate discrimination on grounds of sex.
Equality plans set specific goals to reach, strategies and practices to adopt to their achievement, as well as the establishment of effective systems for monitoring and evaluation of the objectives.
For the attainment of these objectives, equality plans will include, among others, the subjects of access to employment, professional classification, promotion and training, remuneration, management of working time in favour of, in terms of equality between women and men, work, personal and family conciliation and prevention of sexual harassment and harassment on grounds of sex.
Plans include the totality of a company, without prejudice to the establishment of adequate with respect to certain workplaces special actions.
XVI. Joint Commission both negotiating parties agree to establish a joint Commission as a body of interpretation of any rules of this Convention, being its mandatory report to any dispute, and must resolve on the fifteenth day of made the approach to them, as well as the monitoring of the compliance of the present collective agreement, with headquarters at C / Capitán Haya, nº 58 , 1 °. - of Madrid.
The Joint Commission shall be composed equally of 4 representatives of the trade union organisations that signed collective agreement, and 4 of the business part. In addition, the Commission may interest services of occasional or permanent advisers in many matters are within its competence, who are freely appointed by the parties.
Matters submitted to the Joint Committee shall take the character of ordinary or extraordinary. It will grant such rating any of the parties belonging to the same. In the first case, the Joint Commission must resolve within fifteen days and the second in five days.
They shall convene the Mixed Commission, either any of the parties that comprise.
Specific functions of the Joint Committee are the following: 1. interpretation and development of the collective agreement.
2 perform tasks of monitoring compliance of the agreement, and especially the compulsory provisions insert in the Convention.
3 if in the future will create jobs or functions on that there were discrepancies in order to its activity for the business environment in one of the professional groups, will be equally competent Joint Committee to resolve it.
The signatory parties of the present Convention agree to adhere to the agreement on autonomous solution of disputes.
Annex I tables salary wages 2014 occupational groups wage base Plus transport Total monthly P.P. pay Total annual Group I.
738,376 98,113 836,490 123,063 11.514,63 Group II.
787,725 98,113 885,838 131,288 12.205,51 Group III.
840,035 98,113 938,148 140,006 12.937,84 Group IV.
895,482 98,113 993,595 149,247 13.714,11 Annex II picture of assimilation of categories with areas of activity category/post group Area Gofer/a I to cleaner/I to dispatcher I A Receptionist I A Ordinance I A clerk/a I B clerk/a route I B manipulator for goods I I B pawn B responsible for Group I
B auxiliary administrative/a II to auxiliary computer/a II secretariat/or II II A account executive/A services supervisor/a II to operator computer II A Adjutant technical II to Coordinator/II official B II B III technical perishables to official administrative/II to Assistant to Supervisor.
III to Chief of service III to head of Department III to Director of Department or area IV to delegate zone IV entitled / to top IV entitled A / to medium IV A