Key Benefits:
Having the text of the Collective Agreement for work staff
from the deleted Ministry of Commerce and Tourism (Convention Code
)number 9009612), which was signed dated March 17, 1998, of
a part, by the representatives of the Administration, in representation
of the same, and of another, by the union sections of CC. OO., UGT,
CSI-CSIF and CGT, representing the affected labor collective to which
is accompanied by favorable report issued by the Ministries of Economy
and Finance and Public Administrations (Executive Committee of the
Inter-Ministerial Commission on Remuneration), in compliance with schedule
in Law 41/1994, of December 30, of General Budget of the
State for 1995 extended for 1996 by Royal Decree-Law 12/1995,
of December 28, and in accordance with the provisions of the article
90, paragraphs 2 and 3 of the Royal Legislative Decree 1/1995, of 24 March,
by which the recast text of the Law of the Statute of the
is approvedWorkers and Royal Decree 1040/1981 of 22 May on registration
and repository of Work Collective Conventions,
This Work General Address agrees:
First. -Order the enrollment of the cited Collective Agreement in the
corresponding Register for this management center, with notification to the
Negotiating Commission with the warning to the force itself
compliance with Law 41/1994, of December 30, of General Budgets
of the State for 1995 carried over for 1996 by the Royal Decree-Law
12/1995, of December 28, in the implementation of that Collective Agreement.
Second. -Dispose your publication in the "Official State Bulletin".
Madrid, June 8, 1998. -Director General, Soledad Cordova
Garrido.
COLLECTIVE AGREEMENT FOR WORK STAFF
SOURCED FROM DELETED MINISTRY OF COMMERCE
AND TOURISM
CHAPTER 1
Extension
Article 1. Scope of application.
1. This Convention regulates and establishes the rules for which
the working conditions of workers who provide their
services in any of the Ministry's Units and Centers
Economy and Finance, and are from the suppressed Ministry of Commerce
and Tourism. Henceforth, all references to the Ministry
of Economy and Finance and/or the Department, will be understood as referring to
to the scope of this Collective Agreement.
2. Excluded from the scope of this Convention:
a) The staff taken in to the Collective Agreements of Graphic Arts
and the Economy and Finance.
b) Workers attached to self-employed bodies and other entities
public of the Ministry of Economy and Finance with a Convention
Own collective or those that are included in the Collective Agreements
of these organisms.
c) The rest of the staff of the Ministry of Economy and Finance.
Article 2. Personal scope.
1. It is understood by labour staff for the purposes of this Convention,
to fixed template workers, discontinuous fixed, interim, casual,
fixed duration, or any other accepted contractual figure
by current labor legislation.
2. Excluded from the scope of this Convention:
a) Staff whose service relationship with the Department is
derive from an administrative contract, for the realization of specific jobs
or specific or, as long as they subsist, those of temporary collaboration.
b) Professionals whose relationship with the Ministry of Economy
and Hacienda is derived from a minute or budget for realization
of a particular work or service, without having such professionals,
expressly, the character of eventual, interim or fixed labor personnel of the
Department.
c) Staff whose relationship is expressly formalized outside of
Convention to contain functions other than those mentioned in the contract
in this Collective Agreement.
(d) The work staff employed abroad.
Article 3. Territorial scope.
This Convention will be applicable to all Units and Centers
of work of the Department referred to in Article 1, except those
that are located abroad.
Article 4. Temporary scope.
This Convention will take effect on the day following your publication
in the "Official State Gazette". Its duration will extend to 31
December 1996. Its economic effects are rolled back to January 1
of 1996.
Article 5. Conditions for denunciation of the Convention.
1. If no mean complaint is expressed, it shall be automatically understood
extended this Convention by both parties, for all intents and purposes, up to
on December 31, 1997.
2. The text of this Collective Convention, except classification
professional, remuneration, additional and transitional provisions
and the Annexes shall be extended for full periods of one year from the year onwards
of the signature. If a complaint is made by any of the parties, it shall be constituted
the Negotiating Commission within the maximum period of two months.
Proposals for modifications that affect the classification
professional, remuneration and additional and transitional provisions,
as well as the annexes, they will be discussed in the Negotiating Commission constituted
within a maximum of forty-five days from the request
of negotiation.
CHAPTER 2
Organization of the job
Article 6. Organization.
1. In accordance with current legislation, the organisation of work is
exclusive faculty of the Administration and its practical application
corresponds to the heads of the heads of the various organic units
of the administrative areas affected by this Convention, without
prejudice to rights and powers of hearing and information
recognized workers and their representatives according to the
current order.
2. It is considered to be the center of work, for all the effects, the province.
CHAPTER 3
Joint Commission on Surveillance, Study and Interpretation
Article 7. Composition and functions.
1. In order to interpret and implement the agreement of this Convention
Collective, within fifteen days of publication in the " Bulletin
State Officer " of this Convention shall be a CPVEI, whose
social part will be composed of six members, being designated the
representation of workers by the signatory trade union organizations
of this Convention and by an equal number of representatives of the
Administration. The Secretary-General shall assume the chairmanship of the said Commission.
Department technician or in his/her absence the Subdirector general of
Human Resource Management or person in whom the delegate, who will be
who will call, chair, and moderate the meetings.
2. The Commission shall draw up its rules of operation and
organization of its sessions and elect a Secretary from among its members.
3. The President may convene the Commission at any time
and, in any case, the Joint Commission will meet on the second Tuesday of
each month, except in the month of August, provided it is presented
by order of the day at party instance and has been communicated to the other
five days in advance, except for justified reasons that
prevent, in which case it will be held on the first possible date within
that same month.
Without prejudice to the above, this Commission may
meet when for reasons of urgency or need be advisable, a
instance of either party, and no longer than five
days from the request of the meeting, after communication to the President,
in any case.
4. In the absence of the Secretary, the members present shall agree
who should replace you in each case.
5. This Commission will remain operational until the
constitution of the Negotiating Commission of the following Convention, which will assume
the functions of the Joint Commission.
6. Of the agreements adopted by the Joint Committee will be lifted
minutes. The adopted interpretation agreements will be part of the
Collective Agreement. Agreements will be binding on both parties
achieved, without prejudice to the right to act as appropriate.
in law and to go in defense of their interests to the jurisdiction
competent. These agreements will be notified to the interested parties within the deadline
of ten days to count from the corresponding date of approval
minutes; this notification shall be provided by the Administration. These
agreements will also be notified to the affected management centres for their
compliance.
In case of no agreement on any of the points brought to the
consideration of the Joint Commission, the question will be submitted to the
mediation by a moderator who, upon request, will be appointed by
the Ministry of Labor and Social Affairs.
7. Functions of the Joint Committee:
7.1 It will be generic functions of the Joint Commission all those
that are attributed to you in this Convention, and any other store
to better application and interpretation of the same.
7.2 These are specific functions of the Joint Commission
following:
7.2.1 Monitoring of compliance with the agreed.
7.2.2 Study of issues or issues presented by the parties,
with reference to this text, in interpretation.
7.2.3 Interpreting and defining, if applicable, the professional categories
both conceptual and economically collected in this Convention, which
come advised by the needs of the work organization
or by the integration of other collectives; as well as being informed,
previously, of the criteria for the adoption of agreements with respect to the
application of Article 35.2.
7.2.4 The social part of CPVEI will participate in the elaboration of
the basis of the call, both of the offer of public employment for the
fixed job staff as well as those calls to be carried out
for the recruitment of eventual staff, and this without prejudice to the
peculiar features that may be present in some of those
calls, and report these bases before the start
of your fulfillment. This function will necessarily be performed using the
designation by the social part of two representatives, who will evacuate the
relevant report as soon as possible, which in no case
shall exceed five working days from the receipt of the said bases.
Equally, in the absence of representation of workers, the party
social of CPVEI shall designate the members to participate in
the staff selection organs, in the number of one or two, according to
are three or five of the members of the aforementioned organs.
7.2.5 Check the monitoring of the scales evaluation and
job staff move requests, prior to
adoption of the resolution that is coming.
7.2.6 Browse and decide application-derived issues
of this Collective Agreement on a proposal from the Administration, of
the social part of CPVEI or the workers themselves included in
the scope of the application.
7.2.7 Being informed on a quarterly basis, with respect to the workforce
fixed, of contract suspensions with job reservation,
exceeds, rejoining and reembedding requests, and
extinctions of contracts that occur, indicating:
a) The name of the worker.
b) Professional category.
c) Subscription Center.
d) Period of duration of each situation, in cases
to proceed.
e) Causes originating therefrom.
7.2.8 Be informed quarterly of the suspensions of the
temporary contracts, and also the extinctions of this type of contract
when in the basic copies delivered to the various Enterprise Committees
or Staff Delegates do not record the end date of the same.
7.2.9 Understand with precept character and prior to any performance
administrative or jurisdictional, in extraordinary session called to the
effect if necessary, of any collective conflict, to which they refer
Articles 151 to 160 of the Labor Procedure Act, owing
issue your report within a maximum of fifteen days from the
receipt of the letter by the President of the Joint Committee.
7.2.10 Negotiate with preceptive character and prior to any
award of add-ons covered by this Convention, as well as the
cesses in those awards, also participating in the review of
the add-ons currently attributed, with objective criteria and
homogeneous.
7.2.11 Rate classification and make reclassification proposals
staff of the staff affected by this Convention in cases that are
required.
8. All references to employee representatives
contained in this Convention, failing these, shall be understood as
made to the social part of CPVEI.
CHAPTER 4
Academic and vocational education studies
Article 8.
1. In accordance with what is prevented by article 23 of the Royal Decree
Legislative 1/1995, March 24, recast text of the Statute of the Statute
of the Workers, and to facilitate their vocational training and promotion,
the staff affected by this Convention shall be entitled to see
facilitated the conduct of studies to obtain academic degrees
or officially recognized professionals, the realization of
coursesvocational training and access to vocational retraining
organized by the Administration itself.
2. Workers who are studying academic, training studies
or professional perfecting will have preference to choose shift
work, if any, and annual leave, as well as adaptation
as much as possible of the ordinary working day for assistance to the
courses, as long as the needs and organization of work are
allow; if denied it will be done by reasoned written communication
to the data subject.
2.1 They will also be entitled to grant permission
paid to attend final exams, releases and other tests
final fitness and evaluation in official centers, as well as to attend
to evidence convened by any authority of the Administrations
Public, during the days of your celebration, up to a maximum of ten days
per year. However, these permissions can be extended whenever it matches
the celebration of the tests with the working day.
2.2 Workers will also be entitled to permits
paid to attend continuing training courses for those who would have
selected, and any others organized by
Public administrations and/or trade union, type-approved and derivative organisations
of the training plans agreed between the Administration and the
Unions, with the only limitation that needs are covered
of the service. Only authorisation to attend these courses may be refused
by written and reasoned communication to the data subject.
2.3 In all previously regulated assumptions, their participation
will be duly justified.
3. The Ministry directly or in concert with the
official or recognized centers, organize professional training courses
for the adaptation of workers to technical modifications
operated in the jobs, as well as conversion courses
professional to ensure worker stability in their employment in
assumptions of transformation or functional modification of the organisms.
In these assumptions the time of attendance at the courses will be considered
as effective work. These courses will be held with frequency
that is recommended based on the assumptions referred to in the first
paragraph of this point.
4. The Training Commission, established between the
and theMinistry of Economy and Finance and the representation of workers
designated by the Trade Unions present in CPVEI, will be the
in charge of planning and drawing up the calendar, if any, of the
professional retraining and training courses, without prejudice to
those that are agreed in each organization between the Address and the
workers ' representatives, as well as the determination of the
cultural or professional requirements for workers to participate in
on the same.
5. Measures to facilitate the conduct of studies for the
obtaining officially recognized academic or professional qualifications and the
completion of vocational training courses will be the subject of
treatment in training plans to be developed by the organs
competent.
6. In the cases referred to in Article 8.2 and 8.3, the time
of course attendance, attendance at exams, as well as the
time spent on the required offsets and moves,
will consider as effective work.
7. The Administration will take the necessary measures, in the field
of vocational training, in order to ensure that no worker
see your right to professional promotion decreased due to lack of
adaptation to the different jobs that could be chosen.
CHAPTER 5
Provision of vacancies, recruitment and revenue
Article 9. Procedure for the provision of vacancies.
Vacancies that occur in currently busy places
by fixed and newly created staff of this very nature,
will be provided according to the following phases:
(a) Income from voluntary leave.
b) Voluntary transfers.
c) By personnel belonging to the fixed worker templates
discontinuous, in the case of being vacant for the
same professional category.
d) By personnel belonging to the fixed worker templates
with reduced working time, in the case of places in the same category,
except those of the university diploma and higher education that you will have
respond to the degree and specialty in question.
e) By internal promotion, through timely calls
selection test public, among the fixed staff affected by this
Convention.
f) By new income staff by public call for
cover all vacancies and places resulting from the previous phases
described in this vacancy provision procedure.
Article 10. Voluntary mobility: Transports and permutas.
Moves:
1. The voluntary transfers referred to in point (b) of the
previous article, both for the same municipality and for a different one,
shall be made at the request of workers with minimum age of
one year. Obtaining the voluntary move involves the commitment of the
worker not to apply for new transfers for two years, except that
exceptional circumstances of a personal or family type are present that
advise on the transfer, prior to the report of the Joint Committee of the Convention.
2. Voluntary transfers will be governed by the following rules:
(a) By offer of public employment, by means of call for tender
move:
Move contests prior to coverage of the
vacancies in question, publishing in each contest the relationship of
places, by categories, municipalities, and targets, with a minimum of
in advance of ten days. In the reduced number category assumptions
of effective service may be replaced by notification of the contest
individual to all stakeholders in the same category.
The corresponding services of the Administration, in the view of the
instances presented in each contest and category, and previous report
of the affected bodies, they shall draw up in accordance with the scale.
approved the corresponding move proposals, by rigorous order of
score. These proposals, before raising them to their sanction by the
competent body, will be brought to the attention, with all their
background, of two designated social partners, appointed
to the effect by CPVEI, to verify, within the maximum period of ten days
skillful, that they conform to this Convention.
b) In the absence of vacancies approved by the public employment offer
or exhausted the above procedure, on the particular initiative of the
workers, transfer to the Technical General Secretariat may be requested
which will resolve to CPVEI's proposal.
In view of received requests, previous requests
requester and target center source center reports
requested, through the competent bodies on the subject, will be reported
quarterly to the Joint Commission to resolve the files of
move. The scales and procedures set out in the
Article 10.2 of the Convention in the cases of plurality of requests for
a single target.
c) The provision of vacancies shall be made within the same category
professional.
d) The scales for the allocation of seats will be as follows:
1. Personal and family circumstances:
a) By residing the other component of the partner that you are living with
or live in the requested location: 1 point.
b) By having underage descendants who coexist with the
applicant, or by pregnancy of the same or their spouse: 0.5 points.
c) For studying academic studies in official centers that are based
in the requested location, as long as such studies do not exist
where the applicant is destined: 0.5 points.
d) To be in charge of the ascending applicant in the locality that
is requested, without economic resources: 0.5 points.
e) By taking care of the person who coexists with the
interested in physical or mental disabilities, provided they are accredited
the convenience of such a move: 0.5 points.
f) For receiving clinical treatment in healthcare facilities that are located
in the requested location: 0.5 points.
g) For health reasons certified by system bodies
public health: 1 point.
2. Seniority in Administration:
a) For full month of age: 0.05 points.
3. In case of equality according to the above criteria, it will be in
tells the following:
Time to attach to the Unit or Center from where it is requested
the move.
Older.
The alleged merits will have to be documented before
of the final award of posts.
e) For the coverage of vacancies for the IYIIConvention,
the requirements of the vacant and equal places must be met
conditions will apply this scale.
f) Once the voluntary transfer is obtained, only the waiver may be waived
to the same within ten days of notification or publication,
for overcome causes that justify this end and once examined
by CPVEI.
g) The time of incorporation to the new destination will be one month for
the one that involves moving to a different location, and three business days for the
same locality. In the event that the exceptional move occurs,
not having been met for two years, the data subject will only have available
of seven business days for incorporation into the new destination if this is
in different locality, and one business day in the same locality.
h) Voluntary transfer, in no case will entitle you to receive
compensation of no kind.
i) Moving the personnel subject to the process of functionalization is
will run without following this procedure only need to be counted
with favorable reports, both from the center where it is intended as
the one to be requested, as well as the report of the Joint Commission, in
agreement with the provisions of paragraph B) of this Article.
j) Requests made by workers affected by
restructuring or suppressing Units and reducing their workforce
will take precedence over the rest of the requests.
Permutas:
Permutas may be requested between workers provided they have
with a one-year service age, which places to permute
be of the same category and trade and both workers are missing
more than five years to reach the statutory retirement age, or
three years to be able to retire voluntarily (in which case you should
prove to be extreme), no new permuse or shipment may be requested
until three years after the previous concession.
Permuse will not drive recognition of days to title
staff.
Permutas will not be entitled to compensation. The addition
of the permutants to the new targets will occur immediately
and concurrent, not giving place to permit or license days for
such addition, except those involving province changes
or island, where three working days will be available to be incorporated.
It is up to the Technical General Secretariat to authorize permutas
to be requested, after report from the Joint Commission and the centres
affected.
Article 11. Selection system for the provision of vacancies.
1. Vacant places, once the re-additions are made by
excess and the shipments provided for in the previous items, are
provide, first, by discontinuous fixed workers from the same
professional category, except that this category could not be covered by
staff on the labour market, in which case the workers who hold the job
currently that category will have preference to the
present article only if they have the discontinuous fixed nature.
will apply the same system for fixed workers with reduced working time,
or special.
The coverage of vacancies by discontinuous fixed workers and with
reduction of working time, shall be carried out by telegraphic communication to the
address on record with acknowledgement of receipt to workers
meeting these conditions in your hiring, indicating the vacancies
existing so that within three working days of request,
telegraphic route, up to a maximum of three places, to the General Secretariat
Technique. The award will be made on the basis of age and load criteria
family members, from what will be realized to the representation of the workers.
2. Vacancies not covered by the above procedures are
will cover through a public and objective selection system, reported
for the principles of equality, merit and capacity.
3. In no case may the promotion be produced by the mere
course of time.
4. For all calls, both fixed and temporary staff,
will proceed to reservations for disabled people according to the
regulated in the additional nineteenth provision of Law 30/1984,
and other application rules.
5. The representatives of the workers shall appoint the members
who, for their part, have to participate in the selection bodies of the
staff, in number one or two, depending on three or five of the composition
of these organs.
Article 12. Internal promotion shift.
All of the places not covered by income reentry,
move contest and by fixed staff discontinuous or with reduction
of day, internal promotion restricted shift will be called in
which will be considered:
a) Fixed workers of the same or
may participate in itlower level to the square called, with a minimum of one year old
recognized in the Department, provided they have the required qualifications
for that category.
b) Fixed workers who have a professional category of
a certain level and take two years of effective services in the
performance of the same, can be accessed in internal promotion to categories
of the same professional group for which a degree is required
immediately greater than its current category, although that is not
owns. Also, with four years remaining in the same category
professional, in this shift, categories of different groups can be accessed
professional for which title is required immediately higher than expected
for your current category.
Top-titled and middle-degree places are excepted
university when you need an academic degree for exercise
position professional or when they belong to functional areas where
this forecast is not appropriate.
c) Merit of applicants according to the following scale of
score, which by rule of three will be reduced from 0 to 10:
Economics-level scoring: Only levels will be scored
equal to or less than that of the called square, such that it is identical to
level corresponds to 10 points and will be subtracting 1 point at each level
immediately below.
Academic qualification score:
Titled top: 2.50 points.
University Diploma or equivalent: 2.25 points.
BUP or equivalent: 2.00 points.
EGB or equivalent: 1.75 points.
Primary studies: 1.50 points.
Only score the maximum degree presented in each case.
Punctuation by courses held in official centers: The courses
performed in official centers in matters related to the position to which
will be scored up to 0.50 points for each, provided they are
of different content, with a maximum of 2 points, according to the following
bare:
Courses of less than fifteen hours: 0.10 points.
Courses of fifteen to twenty-five hours of duration: 0.20 points.
Twenty-five-to-forty-hour courses: 0.40 points.
More than forty-hour courses: 0.50 points.
Scoring according to the professional group of the called square:
For the same or immediately lower category: 3 points.
To hold category two levels below the called square:
2 points.
For flaunting category of more than two levels below the square
called: 1 point.
By age: 0.50 points for each full year of age
recognized, up to ten years, and 1 point for every three full years that
exceed ten, old.
The internal promotion system will normally be performed by contest
or concurso-opposition.
The score obtained in the merit contest phase of
internal promotion will not be exclusive.
In the internal promotion system performed by concurrent opposition,
the score in the contest phase may not be greater than 45 per
100 of the achievable in the opposition phase.
The score obtained in the merit contest phase in shift
internal promotion, will accumulate to those that have exceeded the minimum
required in the opposition phase, to find the definitive relationship of
approved.
Article 13. Modification of the nature of the contracts.
The Administration will inform workers ' representatives
of any modification of the legal nature of the contracts.
In no case will you be able to formalize a fijeza contract to any
worker who has not submitted, by overcoming them, to selective testing
corresponding to the professional category concerned, without prejudice to
following:compliance with the firm judgments of the competent jurisdiction.
Article 14. New income.
It will be indispensable requirements for income:
a) Poseer the Spanish nationality or a Member State of the
European Union, as provided for in the legislation in force.
b) Having sufficient aptitude for the job object of the
call, as specified.
c) Having the minimum age of eighteen years or meeting them within the
deadline indicated in the call.
d) Poseer the titration specific to those levels in which it is
require and meet other requirements than for specialty performance
are required in this Convention, as well as those required in the
corresponding call.
e) Statement of not receiving any remuneration from the
public budgets, in accordance with current regulations and no
being separated by disciplinary case from the Administrations
Public, nor is it disabled for the performance of public functions.
f) Overcome selective tests for the category
professional in question for the formalization of any contract
figeza.
Article 15. Test period.
1. New income staff will be submitted to a period of
test in which temporary incapacity time will not be computed,
and whose duration will be two months for graduates and graduates
college, and one month for other workers, except for the
not qualified, which will be fifteen calendar days.
2. This test period will be automatically left
formalized admission, being computed to the worker this period to all
the effects.
3. During this period, both the Administration and the worker
will be able to end the employment relationship, without any of the parties having
therefore the right to compensation. The worker will have the rights
and obligations corresponding to your job category and the job position
that you perform, as if it were a template. End of relationships
Labour regulated in this article will be reported to the Joint Commission.
4. The pact that establishes a test period will be null when
the worker has already performed the same functions before,
under any hiring mode, within the scope
of this Convention.
Article 16. Mobility for service needs.
Functional Mobility:
Functional mobility in the Ministry, provided it does not involve a
substantial modification of working conditions, will not have the
consideration of geographic mobility, even if you assume Unit change
administrative and without other limitations than those required by qualifications
academics and by membership of the professional group, in compliance
with the provisions of Article 39 of the Workers ' Statute, Real
Decree 1/1995. As far as territorial scope is concerned, it shall not exceed
in no case from the area of the municipality. Your award will be faculty
exclusive to the Administration, according to the needs of the service,
whose reasoned decision will be communicated simultaneously to the
representatives of the workers and the interested party.
Geographic Mobility:
The mobility of a worker to a municipality other than that in
that typically provides your services may occur per shipment
forced, by decision duly motivated and as set forth in
Article 40 of the Workers ' Statute.
Article 17. Shipments with a forced character.
For technical, organizational or productive reasons, the Administration
you can order workers to be moved that involves changing
residence, in accordance with the provisions of Article 40 of the
Legislative Decree 1/1995, March 24, recast of the Statute
of the Workers, and concordant provisions, realizing
previously to workers ' representatives and, failing that, to the
social part of CPVEI.
Compensation is established for forced removal involving
change of municipality for the worker, in accordance with Article 40
of Royal Legislative Decree 1/1995, of March 24, recast text of the
Workers ' Statute, equivalent to three monthly salary allowances
-cominomimo and the costs of transport of relatives and beings, with
the limit of the amounts set in Royal Decree 236/1988, of 4
march, and development provisions.
Forced workers will have preference
to fill the vacancies in your category that occur in the locality
source. In this scenario, the Administration will be required to report
to the worker of such a circumstantiarealpresentation of the workers.
CHAPTER 6
Day and Time
Article 18. Working day.
1. The annual working day will be one thousand seven hundred
eleven hours.
2. The weekly working day will be thirty-seven and a half hours of work
cash.
3. The hours of work that exceed the agreed workday of
thirty-seven and a half hours, or those exceeding one thousand seven hundred and eleven
hours in their annual distribution, they will have the consideration of hours
extraordinary.
4. Each management center, according to their needs and previous
report to workers ' representatives, you can set up days
weekly longer than the agreed duration of the breaks
legally established daily and weekly, such that, within the
a month's time count, the excess of hours worked in some
of the weeks are offset in the other weeks with days of permission,
understanding for such an effect the months of thirty days.
Article 19. Schedule.
1. The schedule will be the general set for the
different Administrative Units with the limitations that are provided by
legal provisions.
2. The Administration will be able to set a flexible schedule for those
Administrative units that allow, with the limitations that you foresee
the legal provisions.
3. For the purposes of the time-schedule of the fixed working day, it is
will consider split into two periods: Normal and Night.
The night period will be between the twenty-two and the six
hours of the next day. To the staff doing their work on this schedule
or part of it will be paid with 25 per 100 of the annual salary
as a complement of the Nocturnity, in the appropriate part, except
that he would have been expressly hired to work in that period.
4. You will enjoy a break in the working day for a period of time
of twenty minutes that will have an effective working character.
5. If during the period of validity of this Convention it is
produced some variation in the day and times applicable to officials
of the Ministry and these could exercise any option or variation
of the day or time will involve retributive modifications, the staff
at work, through CPVEI and by reason of such circumstances may
negotiate the working day here regulated and the economic conditions.
Article 20. Special timetables.
1. In the variation of work schedules you will be at your disposal
article 41 of the Royal Legislative Decree 1/1995, of March 24, text
recast of the Workers ' Statute.
2. By reason of the special circumstances of the work, the staff
of the Centers for Inspection of Foreign Trade, will meet the schedules
to be determined by the corresponding Head, previous report of
the job representation of the appropriate center, depending on the operations
to carry out and without in any case the effective ordinary day
exceed nine hours of work per day, with the addition of add-ons
that in their case correspond.
3. In jobs that require continuous presence, such as
surveillance, conservation and maintenance, rotating shifts will be established
among the workers of these tasks, provided that this is necessary. The
hours that, in the preceding assumptions, exceed thirty-seven hours
and a weekly average, will be paid as overtime. To these
workers will apply to them the plus of tournicity set in the
Article 56.4 of this Convention.
4. To all workers who have established rotating shifts
of tomorrow, late, and night work, whether turnicity is continuous
as occasional, they will be applied the turnness plus for months
in which these shifts are set.
5. Who for legal guardian reasons have some minor care.
of six years or some physical or mental decline that does not perform
paid activity, you will be entitled to a decrease in the working day
in an hour, a third, or a half, at the beginning or end of the day,
with the proportional reduction of their remuneration.
6. The cleaners who came developing, by virtue of their
hiring, a weekly lower than ordinary day, will maintain that
day. All of your remuneration will be the percentage that
corresponds to your professional category in full time.
7. In any case, and for the purposes set out in this Article,
will be willing, in the field of limitations, in article 23
of Royal Decree 1561/1995 of 21 September 1995 and other provisions
concordant.
8. Workers covered by this Convention shall be entitled
to a decrease in the one-hour, two-hour workday or
a third day at the beginning or end of the day, with the reduction
proportional to your remuneration, when the needs of the service
allow.
Article 21. Work schedule.
The work calendar will be the one to be fixed each year by the authority
competent in the appropriate scope. However, in compliance
with the needs of the public service provided, each dependency or
Unit may match your work schedule or a character system
cyclical, in order to better address the needs of the general interest,
after negotiation with the representatives of the workers of the field
corresponding.
Article 22. Overtime.
1. The Ministry of Economy and Finance, in the field of the present
Convention, commits to reduce, as far as possible, the
performing overtime, covering, where appropriate, needs
of the service with new hires with legal instruments
current.
2. They will have the consideration of overtime that exceeds
of thirty-seven comma five hours in weekly computation, according to
with the provisions of Article 18 of this Convention.
3. Overtime can be compensated with time of
cumulative rest at a rate of two hours for each one performed, except
in the case of night hours or holidays whose compensation
will be two-and-a-half hours for each extraordinary hour performed, as well
as a three-hour compensation for those made in the period
night of public holidays, or pay in cash to the value that is
sets in the salary table, at the worker's option.
If you opt for compensation for rest periods, in all
assumptions, this should occur within four months
following the realization of overtime, compliance
with the provisions of Article 35 of the Workers ' Statute, Real
Legislative Decree 1/1995 of 24 March.
4. The initiative to work in extraordinary hours corresponds
to the Ministry, in view of the needs of the Administrative Units,
being free of their acceptance by the workers, the
quantitative limits established by existing legislation. The Ministry of
Economy and Finance acquires commitment to reduce to the maximum the
number of overtime hours, limiting them to actual assumptions
exceptional, also enabling the possibility of their compensation
for rest time.
5. The Ministry of Economy and Finance is committed to developing
a control system in performing overtime, to which
effect, will be recorded day by day by delivering copy of monthly summary
at work and job presentation. This summary will be
customized, by management and cumulative annual centers.
6. It prohibits the realization of extraordinary hours in period
night or holiday, except in cases and special activities duly
justified. It is also prohibited to carry out hours
overtime overtime for declared toxic jobs,
painful or dangerous.
CHAPTER 7
Holidays, permissions, and licenses
Article 23. Annual leave.
1. Annual leave, one month or thirty calendar days, is
will be able to enjoy at the worker's request throughout the year at
minimum periods of seven consecutive calendar days, provided that the
corresponding holiday periods are compatible with
service needs.
2. Workers who on the given date for the enjoyment of
holidays would not have completed the effective year in the template, they will have
right to a number of vacation days in proportion to the
corresponding to the annual count until December 31. In the case
of the contract being terminated prior to the date
indicated, in the settlement to be deducted the part
proportional as appropriate.
3. When a worker stops providing services at the Ministry
before you have enjoyed your holidays, you will receive cash on the
retribution for the days that you were entitled to. Except in this case, holidays
may not be replaced by the payment of equivalent wages.
4. When there is a holiday shift regime, workers
with family responsibilities have a preference to yours
match the school holiday periods.
5. When the needs of the service force one or more
workers to enjoy their vacation in a period other than the one requested,
in the following exercise these workers will have preference for
enjoy them in the period they choose.
6. The Administration will regulate the application procedure for the
grant of the holiday, previously heard the social part of CPVEI.
Article 24. Licenses and permits.
1. Staff who have met at least one year of services
effective, you will be able to apply for unpaid licenses for a period of one day to three
months. These licenses will be granted as long as the
service needs, and must be ordered at least one month from
in advance, except for duly justified cases of force majeure. The
requests shall be resolved, as appropriate, within the minimum time limit of
the ten days prior to the start of the license; in case of denial
will be motivated.
The cumulative duration of these licenses may not exceed three
months within two years.
Fixed-term contract workers, and with
at least one year of continuously delivered services, they can
enjoy this type of license with the condition that your enjoyment does not
matches the last month of the contract duration.
2. The worker, regardless of the period worked, prior to
proper justification will be entitled to paid leave for time
and the following reasons:
a) Fifteen calendar days in case of marriage.
b) Two business days in child birth cases, or in the case
of custody or child adoption less than nine months, and those of
death or serious illness from a relative to the second degree of
consanguinity or affinity. If these assumptions occur in a different locale
of the worker's address, the license term will be raised to four days
skillful. These causes will be justified after the assumptions
that are contemplated. In case of death of spouse or children, the
worker will be able to additionally request an unpaid leave, from
a duration not exceeding one month, regardless of other assumptions
of unpaid licenses.
c) One business day per usual home move.
d) For the time indispensable for the fulfillment of a duty
inexcusable public and personal. On the assumption that the
worker receives pay or compensation for duty compliance
or charge performance, the amount of the same salary will be deducted
to what I had a right.
e) Workers, breastfeeding a child under nine months of age,
including adoption or welcome, will be entitled to an hour of absence
at work, at the beginning or at the end of the workday. This right
may also be exercised by the worker as long as it is not used
for the mother at the same time.
f) Up to six days each calendar year or the first fortnight of the
next year, and in any case proportionally to service time
borrowed, for particular issues not included in the above points.
Such days may not in any case accumulate to annual leave
paid. The staff may distribute these days at their convenience,
prior to authorization of the corresponding Personnel Unit and respecting
always the needs of the service.
g) On 24 and 31 December, leaving the requirements of the
service, without prejudice to the replacement of the enjoyment of these days by others
within the rest of the year.
h) Workers will be able to attend medical consultation during the
work schedule duly justifying this end with the accrediting
of the corresponding health service. Such consultation, if any, does not
will exempt the onboarding worker from their job once
finished.
i) Pregnant workers will have the right to be absent from the
job position, entitled to remuneration, for the realization of
prenatal tests and birth preparation techniques, warning you
previously and justifying the need for their realization within the day
of work.
CHAPTER 8
Suspension and Extinction of the Work Contract
Article 25. Suspension with reservation of the job.
Without prejudice to Articles 45 and 48 of the Royal Decree
Legislative 1/1995, March 24, recast text of the Statute of the Statute
of the Workers, the workers will be entitled to the suspension
of your contract with your job reservation, and count
age, in the following cases:
1. Maternity of the working woman, with a maximum duration
of sixteen weeks, distributed to the interested party, in the form
prescribed in article 48 of the recast text of the Statute of the Statute of
the Workers. This suspension will be extended to eighteen weeks
in case of multiple birth. In case of death of the mother, the father
you can suspend the work contract for the following six weeks
at the birth of the child.
2. At the beginning of the maternity leave period, the mother may
opt out because the parent enjoys up to the last four weeks of
suspend uninterruptedly and at the end of the quote period, in the
conditions laid down by that Act.
3. In the assumption of adoption, or administrative resolution of reception,
if the adopted child is less than nine months, the suspension will have a
maximum duration of sixteen weeks, counted from resolution
corresponding to which the adoption is constituted. If the adopted child
or received less than five years and greater than nine months, suspension
will have a maximum duration of six weeks. In the event that the parent
and the mother will work, only one of them will be able to exercise this right.
4. Compliance with mandatory or voluntary military service, or
surrogate social service, with obligation to return to work in
a maximum of two months from the end of the service.
5. Period of practice in official centre to access any
Body or Scale of Public Administration officials, as well as
the legal or conventionally established test period required
to consolidate a workforce plaza into any Administration
Public; also during attendance at specialization courses in
matters of the Department's prior authorization.
6. Deprivation of freedom of the worker as long as there is no statement
damning and firm, including both detention and imprisonment
provisional.
7. Provision of services of a temporary nature in bodies
international or international cooperation programs, in the latter
the interest of the Administration will be required to be assumed.
8. Incorporation as eventual staff, by virtue of the established
in Article 10 of Royal Decree 3775/1982, of December 22, to the
Cabinets of Ministers or Secretaries of State. Within the
30 days after the cessation, the affected staff will retain the right
to the resumption of the situation you had before the appointment,
as well as reintegrating into the job previously held.
9. The spouses of public employees who pass on to take office
destinations serving the General Administration of the State on the outside,
that are contract workers of the scope of this Collective Agreement
and to move abroad with the reason for family reunification,
will be able to access the enforced surplus situation.
Article 26. Voluntary leave.
1. Voluntary leave of interest: workers with
a year of service from the Department will be entitled to
the granting of voluntary leave in the interest of a private person
duration not less than one year and not more than 15 years, according to the
next procedure:
The request to effect must be submitted by the worker with a minimum
one month in advance of the start of enjoyment of the surplus.
The agreement adopted by the Administration must be issued in
the deadline of 30 days and will be communicated to the interestsinteresepresentation
labor. The right to apply for this situation may be exercised only by another
time by the same worker if four years have elapsed since
end of previous voluntary leave.
This excess will not be able to be declared at the worker's request when
you are being instructed to discipline or be found
in the situation referred to in point 6 of the preceding article.
2. By application of the rules of incompatibilities: The worker
which, as a result of incompatibilities, must be eligible
for a job, you will be left in a situation of
incompatibility with incompatibility, even if you did not meet the time
minimum required service. It will retain the right indefinitely
preferred to vacancy reentry of equal or similar category to yours that
have or should be produced.
3. For child care less than three years: Workers
shall be entitled to a period of voluntary leave of no more than three
years to care for each child's care, both when they are by
nature as when they are for adoption or welcome, to be counted from
the date of birth. Successive children will be entitled to a new one
period of leave that will end the one who was enjoying himself. When
the parent and parent work, only one of them can exercise this right.
The grant of this surplus will be made upon the request of the petitioner
that it does not perform limited personal care activity of the child.
Workers in this situation will have the right to reserve their position
of work, as well as applying for voluntary leave of interest
special and to participate in the training or training courses that
be referred to in the Ministry's scope, in accordance with the provisions
in this Convention and general application rules for this type of
excess.
Yes before the end of the leave period for care of
minor child would not have requested to check in with fifteen days of
in advance, the worker will switch from office to the situation of surplus
voluntary for particular interest.
4. By family grouping: Voluntary leave may be granted
by family pool, with minimum duration of one year and maximum
of fifteen, to workers whose spouse resides in another province or
island for having obtained and being performing a job position of
final character, as a career or as a work officer, in
any Public Administration, stand-alone body, or managing entity of
Social Security, as well as constitutional or power organs
Judicial, within the national territory.
5. Workers in the situation of voluntary leave which is
rules in this article will not in any case become rights
economic; likewise, periods of this excess shall not be
computables for seniority and promotion purposes, with the only exception
of cases of excess for child care less than three years, in
this period of excess will be computed for computing purposes of
age.
Article 27. Forced leave.
Enforced leave, which will entitle you to the reservation of the position and
to the count of the age during its lifetime, it will be granted by the
designation or choice for public office, or elective union function,
at local or higher scope, as governed by the Statutes
of your organization, which makes it impossible for you to attend work or involve
the perception of remuneration for that charge or function, as well as by
family pool abroad.
Article 28. Reincorporations.
On voluntary leave the worker who requests their
reinstatement will have the right to fill the first vacancy that exists or that
occurs in your category, except for the care provided
child under three years old. If there is no vacancy in its category and
if you are in a lower category, when you credit your
performance, you may choose to be or wait for the one to occur.
In the event that you choose to fill lower category vacancy,
will receive the rewards for this one, keeping the option
to fill the vacancy that occurs in your category.
Request reentry by writing to the General Secretariat
Technical, at least fifteen days before the deadline is completed in
the surplus. Failure to do so will lose the right to re-entry and cause
final low. For the assumptions of the regulated surpluses in the
points2, 3y4delarticle 26 will be regulated in the same, with
the condition of maintaining the notice period for reinstatement.
In case of forced leave, re-entry must be requested
within the month following the cessation of public office or union function
elective, resulting in immediate reinstatement.
The agreement of the Administration must be adopted within the fifteen
business days following receipt of the worker's request, and
will be communicated to CPVEI.
Article 29. Termination of the contract.
1. Work contracts will be extinguished for the reasons outlined.
about it in the Royal Legislative Decree 1/1995, of March 24, text
recast of the Law of the Workers ' Statute, and rules that do so
develop.
2. The absence to work will cause extinction of the labor contract
for a firm conviction for a crime, except those derived from the
commission of guilty crimes.
3. Workers who wish to cease in the service must put it
in the knowledge of Unit or Center personnel services where
are attached, with a notice period of no less than ten days, that
will communicate it to the Department's Technical General Secretariat.
CHAPTER 9
Disciplinary regime
Article 30. Graduation, prescription and cancellation of faults and
sanctions.
1. Workers will be able to be sanctioned by the illustrious lord.
Deputy Secretary of the Department or authority to whom you delegate, by
the corresponding Resolution under job defaults,
according to the graduation of faults and penalties that are established
in this article.
2. The disciplinary faults of the workers committed on occasion
or as a result of your work may be mild, severe or very serious:
a) The following are minor faults:
1. Incorrectness with the public and with peers or
subordinates.
2. The delay, negligence or carelessness in the performance of their tasks.
3. Failure to communicate with due notice of lack of work
for justified reasons, unless the impossibility of doing so is proven.
4. Lack of assistance to work without a justified cause of one or
two days a month.
5. Repeated faults of punctuality with no justified cause of three
to five days a month.
6. Neglect in the conservation of premises, material and documents
of services.
7. In general, dereliction of duty by negligence or
excusable carelessness.
b) The following are serious faults:
1. Lack of discipline at work or respect due to the
superiors, peers, or subordinates.
2. Failure to comply with orders or instructions from superiors
and the concrete obligations of the job or the negligence
of which serious damage to the service is or may be derived.
3. Disconsideration with the public in the exercise of work.
4. Failure or abandonment of the rules and measures of
established job security and hygiene, when they can
risk to the health and physical integrity of the worker or
other workers.
5. Lack of support for work without cause for three
days per month.
6. Repeated faults of punctuality without justified cause, during
more than five days a month and less than ten days.
7. The abandonment of work without justified cause.
8. The simulation of illness or accident.
9. The simulation or cover-up of other workers ' faults in
relationship to your punctuality, attendance, and permanence duties in
the job.
10. The continued and voluntary decrease in performance of
normal or agreed work.
11. Negligence that may cause serious damage to conservation
of the premises, material or documents of the services.
12. The exercise of public or private professional activities without
have requested compatibility authorization.
13. Improper use or dissemination of data or issues that
knowledge by reason of the job, when it is not missing
very serious.
14. The recidivism in the commission of minor faults, even if they are from
different nature, within a single quarter when they have been mediated
sanctions for them.
15. Failure to comply with deadlines or other provisions of
procedure for incompatibilities when they do not assume
maintaining a situation of incompatiblity.
16. Sexual harassment at work.
c) The following are very serious faults:
1. Fraud, disloyalty and abuse of trust in the management
commissioned.
2. The manifest individual or collective insubordination.
3. The voluntary distortion of data and information of the service.
4. Lack of support for work not justified for more than three
days per month.
5. Repeated failures of punctuality not justified during ten
days or more per month, or for more than twenty days per quarter.
6. Failure to comply with rules on incompatibilities, when
results in incompatibility situations.
7. The recidivism in serious faults, even if they are of different nature,
within a period of six months, when they have brokered sanctions.
8. Sexual harassment when accompanied by abuse of authority
on a subordinate.
3. The penalties to be imposed on the basis of the rating
of the faults, will be the following:
a) For minor faults:
1. Admonition in writing.
b) For severe faults:
1. Suspension of employment and salary of one day up to one month.
2. Suspension of the right to participate in selective testing or competition
for a period of one or two years.
c) For very serious faults:
1. Suspension of employment and salary of one to three months.
2. Disablement for promotion for a period of two to six years.
3. Forced removal, without the right to compensation.
4. Dismissal.
4. Sanctioning procedure: The penalties for serious and very serious errors
severe will require prior disciplinary case processing, whose
initiation will be communicated to the workers ' representatives and to the
interested, giving audience to this and being heard those in it,
with character prior to possible interim suspension of employment agreement
and salary to be taken by the competent authority to order
the case instruction.
For the imposition of sanctions for minor faults it will not be mandatory
the previous disciplinary case instruction, but the processing of
the interested party must be evacuated in any event.
The resolution imposing the penalty must be communicated
in writing and in a feisty form to the data subject; it shall also be communicated
to staff representatives, if the express opposition of the
is not statedsanctioned; if it is expressed by the opposition of the sanctioned, it will only be given
information of your name and the penalty imposed.
5. Prescription: Mild faults will be prescribed at ten days; serious ones,
at twenty days, and the very serious, at sixty days, from the date
in which the Administration became aware of its commission and, in all
case, within six months of having been committed. These deadlines will remain
interrupted by any act of the instructed case or
preliminary to which you can instruct, if any, provided the duration
of this, as a whole, do not exceed the six-month deadline without a fault.
of the issued worker.
6. Co-responsibility: Those who tolerate or cover up faults
will incur liability and will suffer the correction or sanction that is estimated
from account of the one that is imposed on the author and the
intentionality, disturbance to service, attack on the dignity of the
Administration and reiteration or recidivism of that tolerance or
cover-up.
7. Complaints at the request of part: Every worker may account for
in writing, by itself or through its representatives, of acts that
assume disrespect to their bullying due to their
human dignity or work. The Administration, through the organ
manager to whom the data subject is attached, will open the appropriate information
and, if applicable, request the instruction of the disciplinary file that
proceed.
8. Cancellation of annotations: Translate two or six years from
compliance with the sanction, in the case of serious or very serious misconduct
not sanctioned with dismissal, the cancellation of the
may be agreedannotations on the worker's service sheets, ex officio or at instance
of the data subject. The warning log and the loss of one to four
days of remuneration will be cancelled ex officio or at the request of the interested party
within six months of its date.
Cancellation will not prevent recidivism appreciation if the
worker returns to default. In this case, the cancellation deadlines
of the new annotations will be of double duration as the ones
in the previous paragraph.
9. Sanctions that consist of the reduction cannot be imposed
of holidays or other minorations of rights to rest of the
worker or fine to have.
10. The worker who is on disciplinary file will be entitled
to be assisted by a lawyer or by legal or union representative, or
per person whom the expedited designates, in the own acts of the
case file, in which the hearing procedure corresponds.
CHAPTER 10
Job Health
Work health policy will consist of development and application
of the health and safety protection measures for the
workers, by preventing risks arising from work;
understanding for prevention the set of activities aimed at
avoid or decrease these risks, consisting of the different ones
the worker's ability to suffer a certain physical damage
or psychic as a result of your professional activity.
Article 31. Rights and duties of workers in the field of health
and job security.
1. The worker has the right to effective protection in the matter of
security and health at work, including the right to information,
consultation and participation, preventive training, the
cessation of activity in the event of serious risk and immineavigilance
of your health status, all in the terms set out in the Act
of Occupational Risk Prevention.
2. Workers who by accident, disease or other
circumstance, see diminished or altered your capabilities to perform
your residential work activity, either temporarily or indefinitely, will have
right to adapt your job to your new situation;
if this is not possible, your move to a job will be enabled
commensurate with their capabilities in the same locality, being able to return
to your usual post if the evolution of special circumstances so
allow it, upon agreement, including any potential payback aspects,
of CPVEI.
3. Workers included in some of the situations
considered to be of decreased capacity, which are accredited by the
competent body, will be guaranteed to adapt your position of
work to your particular conditions and your personal autonomy, for
which the Ministry of Economy and Finance will remove any barriers
possible or obstacle that makes your physical mobility difficult. Your
special condition when evaluating and detecting possible or existing
risks of work activity.
4. Pregnant or breast-feeding workers will have
right to a change in the job to another in the same category
and professional group where there is a specific risk of exposure to
agents, processes, or working conditions that can influence
negatively on the health of them or the fetus, after certification of the optional
of the Public Health System, without this change taking effect
remuneration and other professional rights. These risks should be
evaluated and previously considered for the
adaptationjob or the reduction of the exposure time to such risks.
This section will be especially applicable to female workers who
perform their functions on data display screens or in labs
with a permanent, full-time character.
5. It is up to each worker to ensure, according to their possibilities and
by complying with prevention measures that in each case
be adopted, for your own health and safety at work and the
of those other workers who might affect their activity
professional, either because of their acts or their omissions at work,
in accordance with your training, with the instructions of the Ministry
of Economy and Finance and with the provisions of article 39.2 of the Law
of Occupational Risk Prevention.
6. The worker is obliged to follow the teachings described in
Article 32.2 of this Convention and to conduct practices that are held
within the workday, computing as work time
cash, in the latter case.
Article 32. Rights and duties of the Ministry of Economy and Finance
on health and safety at work.
1. The Ministry of Economy and Finance will guarantee security
and the health of workers in all aspects related to the
work activity, in accordance with specific legislation and standards
that regulate it.
2. The Administration is obliged to promote, formulate and apply
an adequate policy on safety and health at work in their agencies
and job centers, as well as facilitating appropriate participation in
these workers ' subjects that they hire, when they change positions
of work, have to apply the implementation of new technologies,
equipment and materials that may cause risks to the worker himself, to
your colleagues or third parties.
3. A Prevention Plan will be developed in each workplace that
will evaluate all possible or existing risks, as well as measures
to be adopted and will be reviewed periodically and updated when
produce any changes to the working conditions.
4. The Ministry of Economy and Finance must prepare, prior to
consensus in the competent organ or organs, an organizational plan of
preventive activities for the entire Department, which will include memory
explanation of the economic cost of the same and its execution calendar,
in accordance with the eighth additional provision of the Prevention Act
of Labor Risks.
5. It will facilitate the realization of the tasks of the Delegates of
Prevention, assuring them the means to perform
correctly its functions.
6. Compliance with all obligations set out in the
regulations on the Prevention of Occupational Risks, as well as agreements
to be reached in the competent bodies on the subject.
Article 33. Prevention delegates and health and safety committees.
1. The Prevention Delegates are the representatives of the
workers with specific prevention functions; their
designation, number, credit schedule, competencies, faculties and training
will be in compliance with the Risk Prevention Act
Labor, and its development standards, as well as possible agreements
of a general character that may be adopted on such delegates.
2. The Safety and Health Committees, their constitution, composition,
scope of action, competencies and powers will be regulated by the
same way as the Prevention Delegates.
Article 34. Prevention services.
Regarding the Prevention Services, the Ministry of Economy
and Hacienda will abide by the provisions of the Law on the Prevention of Risks
Labor, norms and regulations of development to the effect.
Article 35. Wardrobe and protective elements.
1. Appropriate dressing room, as well as suitable premises for
change, for those jobs that by their characteristics
require it, according to what you set the standards you develop
this matter.
2. In accordance with the preceding paragraph, when the work activity
require, as appropriate costumes, the use of uniform (Ordinances),
the Ministry will be obliged to provide the worker, every two years,
one uniform for winter and one for summer, except for the first year of
incoporation to the service, in which you will be given two
uniformswinter and two summer. In the event that no locales could be enabled
suitable or when other circumstances so advise, uniform
will be replaced by sufficient distinctive identification. The procedure,
use and possible replacement of such uniformity will be subject to study
newspaper in the field of CPVEI.
3. The Department will also provide workers
subject to specific work risks garments and protective elements
individual appropriate to the nature of the risk, not being obice for
that previously, by properly organizing the work and the media
appropriate collective protection technicians, have removed all
risks likely to be.
Article 36. Implementing measures.
Appropriate measures will be taken to remedy the conditions
toxic, painful or dangerous in the provision of work and, consequently,
will tend to remove the corresponding pluses, according to
with the Resolutions of the Competent Bodies demonstrating the
where there is no such use of the adverse conditions.
Article 37. Health surveillance.
1. The Ministry of Economy and Finance will promote the activities
necessary preventive measures for the conservation of workers ' health
and ensure periodic monitoring of the health status of all
workers covered by this Collective Agreement, with the periodicity
that is required based on the risks inherent in the work in the
terms provided for in Article 22 of the Risk Prevention Act
Labor.
2. Action and recognition shall be given priority status
specific doctors to target staff who are in jobs
whose conditions involve a higher level of disease risk or
accident.
3. The worker has the right to be notified of the results
integrations of any recognition that you are practicing; the
health surveillance and control, as provided for in the Prevention Act
of Labor Risks, will always respect the right to privacy and
the dignity of the worker's staff and the confidentiality of the entire
information related to your health status.
4. The Safety and Health Committees or, where appropriate, the Delegates
of Prevention, will collaborate in the setting of priorities to be made
reference in point 2 of this article.
CHAPTER 11
Employment promotion
Article 38. Retirements.
1. Within the policy of promoting employment in the field of
Administration, retirement will take place when the worker is satisfied
sixty-five years of age, committing the Ministry of
Economy and Finance to propose inclusion in the public employment offer
of the vacancies that occur for this cause, as long as it does not exist
legal obstacle.
2. The retirement age set out in general in the paragraph
previous will not prevent any worker from completing periods
of lack for retirement, in whose assumptions retirement will occur
when the worker completes those deficiency periods in the quote
to Social Security.
3. The Administration will anticipate procedures and procedures
corresponding from Social Security, so that no interruption occurs
between the cessation of the service and the beginning of the recovery of the pension that
corresponds.
4. Without prejudice to the above, the
worker, on a voluntary basis, may apply for early retirement
according to current regulations, without this being
derivative obligation for the Ministry of Economy and
Finance.
CHAPTER 12
Social Action
Article 39. Social action.
1. The Ministry of Economy and Finance will promote and manage
social action plans for all staff dependent on them in
a series of specific objectives are contemplated in different areas
(health, promotion and training, leisure, culture and sports, other actions
general social, etc.), aimed at achieving the well-being of the
worker dentro of his socio-labor environment.
2. To this end the achievement of the economic resources will be managed
required to allow a series of concrete actions to be carried out,
to be prioritized based on the budgetary resources that are
arrange.
3. Trade union plants which are signatories to this Convention
will participate in the Social Action Body that corresponds to the functions
following:
a) Make proposals for action.
b) Aporting criteria for the development of different actions.
c) Track and evaluate the plan.
Article 40. Deferred salary, salary advances and salary improvements.
1. The Ministry of Economy and Finance will manage, together with the
workers ' representatives, the ability to agree with the
banking and savings banks, consideration and concrete benefits
facilitated by such entities as compensation for the income of the
staff payroll, management and subsequent clearance.
2. The worker, and with their authorization their legal representatives,
you will be entitled to perceive, without the day being marked for payment,
salary advances on work already done, provided it was
included in previous payroll.
3. Without prejudice to the above, workers may apply for
from the
Human Resources Management SubdirectionDepartment and the General Human Resources Subdirectorate of the I.N.E.,
as applicable, non-accrual wage advances, the grant of which
will be subject to the following conditions:
(a) Such advances shall not be of interest and shall be achieved, as
maximum, the amount equivalent to two more base salary mensualities
the age complement that the worker can have
requester.
b) It will be an indispensable requirement to be able to apply for the salary advance
which the petitioner is included in the holding payroll,
at least, from the month before the application was formalized.
c) Return of advance amounts will be practiced by
deductions in the corresponding nonimas and from the second month
next to the grant of the preview and according to the rules
which are then pointed out:
1. If the advance granted is equivalent to an amount
base salary mensuality plus age, return will be performed
within the maximum period of ten months.
2. If the advance granted is equivalent to two
base salary mensualities plus age, return will be practiced
within the maximum period of twenty months.
3. In any case, workers may cancel advances
received prior to the set deadlines.
d) On the assumption that the worker who would have been granted
a preview will cause low in your job-as a consequence
of the extinction of your employment relationship, grant of any kind of
excess, grant of unpaid leave or suspension of relationship
work, with the exception of the temporary or
disability dimanentlicense for delivery of non-returned
will be practiced within the same month as the mentioned
low.
e) The total maximum amount to be granted in advance payments
salary will be limited to the credit assigned to the effect for the Ministry
Economy and Finance in the State Budget Law.
It will be up to the Joint Commission to set the criteria for its
distribution and tracking of it.
4. In cases of maternity leave or temporary incapacity
legally declared, the Administration will pay a supplement to the
regulatory economic benefit up to 100 per 100 of the established salary
in this Convention. All within the limits of the wage bill.
5. Personnel who perform the military service or equivalent will have
right to 75 per 100 of the corresponding salary and 100 per 100
of the two extraordinary pages, when the data subject is in charge
child or children or first-degree relatives incapacitated, provided that
are economically dependent on that and are credited with not counting on others
economic means, subject to a report by the Joint Committee.
CHAPTER 13
Trade union representation
Article 41. Staff Center and Delegates Committees.
1. The number of members of each Center and Delegate Committee
of Personnel will be determined in accordance with the provisions of the
Articles 62 and 66 of the Staff Regulations, Royal Decree
Legislative 1/1995, March 24.
2. Each Committee of the Centre shall, wherever possible, provide
a suitable local, both in size and location and endowments,
to be able to develop your activities and communicate with workers,
as well as bulletin boards. Until you can have
a local for the Center Committees, with a unique character, will be placed
available to them a local appropriate for their meetings
also providing the office material needed for development
of its functions.
3. The Committee of the Centre shall meet, with the credit of hours
paid monthly of each member, at least every two months, or always
to be requested by one-third of its members or one-third of workers
represented. Its members shall be entitled to receive allowances and expenses.
of locomotion when called upon by the Administration. When
the call has been formulated at the request of the
Committee itselfCenter, the maximum number of allowances to be paid annually remains
set to six, to which only members of that
are entitledCommittee that has its destination set to a municipal term other than the
venue for the meeting. The scales for the subscription of these
diets will be those that are set, for service fee credit,
in Article 60 of this Collective Agreement.
4. The members of the Center Committee, as well as the Delegates of
Staff at each job center, in order to perform their duties
representation, will have monthly business hours credit
retribuids that are then pointed out:
Up to 100 workers, twenty hours.
From 101 to 250 workers, twenty-five hours.
From 251 to 500 workers, thirty hours.
From 501 to 750 workers, forty hours.
From 751 onwards, fifty hours.
Members of the different Committees may accumulate hours
in one or more of its components, and in the case of
DelegatesPersonnel may be accumulated in one of them
Delegates from the same center, with express individual written manifestation
of the transferor.
When there is a single Staff Delegate, and in the exercise of your
representation does not record the monthly hours credit, you may have
of the unused for the following three months of discontinuous form.
Accumulation of hours will require prior communication to the
Human Resource Management Subdirection to be moved
from same to the Address of the center or administrative unit that
corresponds, as to the number of people on which it falls and the
time periods in which it will be applicable.
Those workers who have union hours throughout
or part of your working day will receive the same rewards as
apply to the entire professional category to which they belong.
Each Staff Delegate or Business Committee member
will have a nominal and express accreditation, when required.
This accreditation will be returned by the interested party once this cessation
in the performance of its functions.
Article 42. Powers of the employees ' representatives.
1. The representation bodies mentioned in the previous articles
exercise, in the respective field, the powers that Article 64 of the
Royal Legislative Decree 1/1995, March 24, recast text of the
Workers ' Statute Act grants Committees and Delegates
of Staff.
2. Workers ' representatives will be informed with
periodicity and, where appropriate, consulted in the following subjects:
a) Professional classifications and complaints about them.
b) Template: Hiring, contract types.
c) Control, Performance, Pluses, and Raw Systems.
d) Provenance or deletion, if any, of pluses for jobs
painful, toxic, dangerous or similar in nature.
e) Sanctions and dismissals.
f) Social, health and safety and hygiene services at work.
g) Modification of the substantial working conditions, in the
terms laid down in Article 41 of the Workers ' Statute.
h) Internal promotion.
i) Vocational training.
j) Time and time modification.
Article 43. Guarantees of workers ' representatives.
Members of the Center Committee and Staff Delegates, such as
legal representatives of workers, will have the guarantees
recognized in article 68 of the Royal Legislative Decree 1/1995, of March 24,
recast text of the Law of the Workers ' Statute.
Article 44. Right of assembly.
1. Without prejudice to the needs of the service, and in accordance with
what is established in this respect in Article 77 of the Royal Decree
Legislative 1/1995, of March 24, recast text of the Law of the Statute of
Workers, workers will have the right to hold assemblies
with a maximum limit of fourteen hours per year within the work schedule
and without the call for them to be performed before
at the fourteen hours of each working day, to deal with issues that
affect, upon request, by whom or who have the power of
call, to the Head of the Centre in question, with forty-eight hours
in advance and with date specification, meeting time, place, detail
and order of business day to treat and specification of advisors or
union leaders of those who wish to be accompanied not to be
Ministry workers.
2. During the negotiation period of the Collective Agreement, it will be
to the provisions of Article 78 of the Royal Legislative Decree 1/1995, of
March 24, recast text of the Workers ' Statute Act.
Article 45. Union Sections.
1. Trade Unions or Confederations may set up Sections
Unions in accordance with their Statutes. The representation of the Sections
Unions will be held by active workers, according to the scale
established in the Organic Law 11/1985, of 2 August, of Freedom of Association.
The role of the Trade Union Delegate will be to defend the interests of the
Union or Confederation to which it represents, and affiliates to it,
and develop communication between the Unions and the Administration.
2. The Trade Union Delegates shall have the powers, guarantees and
functions recognized for them in Title IV of the Organic Law of
Trade Union Freedom, in Article 68 of the Workers ' Statute and
in Article 43 of this Convention. In particular:
(a) They shall be entitled to those referred to in Article 10 (3) of
the Organic Law on Freedom of Association.
b) Dispose of facilities to report directly, not in
assemblage regime, and during the working day to the members of your Section
Trade union, with a maximum of six hours per month, prior to communication to the
Head of the dependency.
c) Distribute brochures, newspapers, and labor or labor print.
d) Making the Administration aware of any failure
or irregularity to be observed in the workplace.
e) Like the members of the Staff Committees and Delegates,
Trade Union Delegates will not be able to be fired or sanctioned during
the exercise of their functions. If it were for other causes, it must be processed
contradictory case, with the formalities set in the
this Convention.
In order to facilitate the mentioned tasks, the Delegates are authorized
Unions to attend all authorized assemblies and meetings
of the Committees in their own work center. The travel expenses
will never be run by the Administration.
The Human Resources Management Subdirection will communicate
in writing to the centers to which the Trade Union Delegates belong
or workers ' representatives, the priority nature you have
the work of representation and union management in the field of work.
of the Department.
3. Without prejudice to the provisions set out in the preceding paragraphs,
Administration and trade union organizations will be able to agree systems
of accumulation of union hours in favor of one or more Delegates
Unions belonging to one of these organizations.
4. In no case can you add Delegate hours credits
Trade union with those that might correspond to your possible condition of
Committee member or Staff Delegate. The hours credits
of the Trade Union Delegates will not be able to accumulate to members of Committees
or Personnel Delegates or vice versa.
CHAPTER 14
Professional classification
Article 46. Nature of the classification.
1. The classification of the workforce must be carried out within
the categories, groups, and levels listed in the following article.
2. The relationship of professional categories contained in the present
Convention, does not assume obligation of its total coverage if, in the judgment of the
corresponding administrative organ, need and volume of work
of services do not require it.
Article 47. Professional groups.
Staff covered by this Convention shall be classified, agreed
with the developed jobs, in one of the following groups:
1. Administrative staff.
2. Laboratory personnel.
3. Architecture and delineation staff.
4. Conservation staff and miscellaneous trades.
5. Junior staff.
6. IT staff.
Article 48. Professional categories.
Within the different groups expressed in the previous article,
will include the following specialties and their corresponding levels:
Level
1. Group 1. o Administrative staff
1.1 Titled:
1.1.1 Top Grade Titled ................................... 1
1.1.2 University Diplomat ....................................... 2
1.2 Administrative:
1.2.1 Top Administrative ....................................... 3
1.2.2 Head of Control .................................................. 4
1.2.3 Official 1. or administrative ...................................... 4
1.2.4 Officer 2. or administrative ...................................... 5
1.2.5 Administrative Auxiliary ........................................ 7
1.3 Office Machine Specialists:
1.3.1 Microfilm Machines ................................. 6
1.3.2 Operator Machines ........................... 8
1.3.3 Telefonista ...................................................... 7
2. Group 2. o Laboratory staff
2.1 Laboratory Analyst ........................................... 4
2.2 Cleaning Auxiliary .............................................. 8
3. Group 3. o Architecture and delineation staff
3.1 Projected Delineant ........................................... 4
4. Group 4. o Conservation personnel and miscellaneous trades
Level
4.1 Encharged ......................................................... 3
4.2 Officer 1. o Trades ................................................. 5
4.3 Officer 2. o Trades ................................................. 6
4.4 Cleaners ................................................... 9
5. Group 5. o Subalternate staff
Subalternate. Specialties:
5.1 Ordinance ......................................................... 8
5.2 Ordinary Mozo .................................................... 8
5.3 Motorized Vehicle Driver ........................... 8
5.4 CICE Operary .................................................... 8
5.5 Dining bar assistant ........................................ 8
6. Group 6. o Computer personnel
6.1 Systems Technician .............................................. 1
6.2 Analist-Systems Manager ..................................... 2
6.3 Programmer ...................................................... 3
6.4 Informatic Monitor .............................................. 4
6.5 Computer Auxiliary .............................................. 5
6.6 Informatic Operator ............................................ 5
Article 49. Top or bottom category jobs.
1. Top jobs category:
When required by service, center, or drive needs
administrative can entrust your workers with the performance of
functions corresponding to a higher professional category than the one
ostenten, for a period not exceeding six months for one year and eight
for two. The performance of those top-category jobs will fall back
in workers of the same professional group, if any, and of the level
immediately below and will be performed on a proposal from the management center
in which the worker provides his services, prior to the Commission's report
Pariaria and with the authorization of the Undersecretary of the Department. In
this assumption, the worker will be entitled to perceive the difference
retributive between your category and the one that you are actually
authorize.
If these deadlines were exceeded, there would be a vacant job of
the same category must be covered through the procedures
for the provision of vacancies set out in this Convention. For the purposes
of Article 24 of the Workers ' Statute, the procedures of
provision of vacancies provided for in this Convention will be the only ones
allow the professional category to be modified.
2. Lower Category Jobs:
If for perentory or unpredictable needs of the activity
productive, the center or administrative unit will need to be assigned to a
worker to tasks corresponding to a lower category than the one that you have,
can only do so for no longer than one month within the same
year, keeping the pay and other rights of your category
professional and communicating previously and in writing to the worker and the
workers ' representatives, justifying such needs.
Article 50. Catalogue of jobs.
1. The catalogue of jobs of the workforce will be from
published knowledge with expression of posts covered and vacant, the
which may be modified in accordance with current regulations, at the initiative
of the Ministry of Economy and Finance, on the basis of the proposals
formulated by the different services, realizing it to
the social part of CPVEI.
2. In the case of the case of the case-law
theof claims in the matter of professional classification, the organ
competent will start the corresponding catalog modification case
if there were to be.
3. In the first three months of each year the relationship will be made public
nominal work staff, with indication of categories, age
and destination and the catalog referred to in point 1.
Article 51. Incompatibilities.
Will be applicable to personnel affected by this Convention, the rules
contained in the legislation on the incompatibility of personnel to the service
of Public Administrations.
CHAPTER 15
Remuneration
Article 52. Base salary.
It is the salary that corresponds to the level of the worker according to the Convention
and the amount of which is specified in the corresponding salary table shown
in Annex I to this Convention.
Article 53. Seniority complement.
Workers will receive an age supplement for each
three years of effective services, generally for all
categories, from 3,078 pesetas per month.
Trienes will be perfected on the first day of the month when the
worker meets three years of effective or multiple services, in
the different Units of the Department, being abonables of trade.
In the extraordinary pagas will be paid by the Administration the triennium
complete that was perfected prior to the accrual date
of such pay.
Add-on amounts will be fixed and unalterable
consolidated age and will have the personal complement character
not absorbable old.
The time of service provided
be recognized, for the purposes of seniorityin the Ministry of Economy and Finance, under the labor link of nature
fixed or temporary, prior to entry into the category you hold,
or prior to changing the employment relationship, including the
contract workers out of the Convention.
Article 54. Other personal supplements.
The following are set:
1. Transitional personal supplement.
1.1 When a worker comes in to receive rewards
annual global top-ups to which you would have to apply the
Collective Agreement, in whose subjective scope is included, on an equal basis
category, function, age, and other determining conditions of the
salary, excess will be computed as a transient personal add-on,
this circumstance is already due to:
The existence of unilateral personal improvements in favor of the
worker.
Applying a Collective Agreement to a Worker whose Relationship
were previously governed by other labor regulations.
Structural changes involving the integration of Conventions
collectives.
1.2 Operate the compensation and absorption provided for in Article 26.5
of the Workers ' Statute on Overpay
personal, calculated as referred to in the previous paragraph,
for all retributive improvements, including change-derived
job position according to the following rules:
Increase in remuneration derived from negotiation of Conventions
or the economic update of those in force in 1986 and successive years.
Absorption of 50 per 100 of the increment corresponding to the category
of the worker, provided the increase is not greater than the general type
set in the Budget Act, as the growth limit of the
wage bill.
Remuneration increases that exceed the percentage set with
general character for the Administration. In this assumption, the absorption
will be 50 per 100 of the increase resulting from applying the general type
growth to the category to which the worker belongs and the entire
of the excess increase over that percentage.
Job Change Derived Increases that Involved
or non-promotion of category, recognition of new pluses, or
setting new salary concepts, except for
allowances, overtime and special bonuses: Absorption
100 per 100 increase.
2. Non-absorbable personal complement: Workers who
flaunts the top Administrative category will receive the add-ons
"ad personam" of non-absorbable character in the amount that is fixed in the
Annex II.
Article 55. Plus Convention.
The Plus Convention set out in Annex I to this Convention
Collective will not serve as a calculation basis for determining the amount of
the other salary add-ons defined in the same, consisting of
in a salary supplement that is attributed to certain categories
professionals based on their peculiar circumstances.
Article 56. Salary supplements.
I. Job add-ons:
The add-ons of jobs are those that you perceive
the worker who behaves a different concept of the job
stream. These supplements are functional and their perception depends on
exclusively from the exercise of the activity at the job
assigned, so they will not have a consolidable character.
The following concepts are set:
1. Add-ons of penosity, toxicity or danger: To the
workers who typically perform jobs that are declared
especially toxic, painful or dangerous, will be paid a supplement
equivalent to 10 per 100 of your monthly base salary as per Convention. All
this without prejudice to the fact that the Ministry of Economy and Finance is
adopt the appropriate measures to address the distressing conditions,
toxic or dangerous that resulted in these supplements. This
plugin will no longer be perceived when the causes that motivated
ceasehis concession.
2. Complement of Nocturnity: The workers they perform
night work will receive a complement of nocturnity, except that the
salary has been established on the basis of night work by
their own nature, in accordance with the provisions of Article 36.2 of the
Royal Legislative Decree 1/1995, March 24, recast text of the
Law of the Workers ' Statute.
On the assumption that night work is not done normally,
the Nocturnity add-on will be collected proportionally to time
effective night work done.
The complement of nocturnity is set in a retribution
specifies 25 per 100 of the annual salary.
3. Time Availability Add-On: This Add-on
pay back the provision of work under time flexibility, tomorrow
and/or late, to tailor work times to exceptional
characteristics of certain services, in quanties and endowments
as set out in Annex II.
The perception of this add-on is incompatible with that of hours
extraordinary.
4. Tournicity Add-on: This add-on rewards the
provision of services on a shift basis, when so established. Al
same as the time availability add-on, will be constituted by
a certain fixed amount, determined their amounts and allocations in
Annex II and its perception will be incompatible with the possible complement
of Nocturnity.
5. Complement of special dedication: This supplement rewards
the provision of work outside of the ordinary working day, with
the purpose of serving the proper operation of a service and its
perception will be incompatible with time recognition
extraordinary. In the amounts and allocations set out in Annex II.
6. Start-up complement: This supplement rewards the
realization of the ordinary working day in fixed hours of tomorrow
and late, as well as Saturday morning, if any. In the amounts and
allocations as set out in Annex II.
7. Complement of special responsibility: It is the one who retributs
to those workers who perform, within their category
professional, posts that represent a special responsibility linked to the exercise
of certain activities, whenever any of the following are present
factors:
Degree of action autonomy of the function holder, as well as the
influence on the outcomes and importance of the consequences of the
management. The assessment of autonomy will be determined taking into account
greater or less hierarchical dependency on function performance
I developed.
Immediate and direct impact of the public service provided by the
holder of the position to the outside.
Managing public funds by reason of the job of the holder
of the function, factor for which assessment to be taken into account,
sales revenue volume, etc.
Command or Command Function. Factor for which the valuation shall be
Note:
a) Task ordering capability.
b) Interrelation capacity.
c) Nature of the collective.
d) Number of people over whom the command is exercised.
The special responsibility add-on can only be granted
when you have not been taken into account when determining the salary level
applicable to the job category. Therefore, the add-on can only
be granted to those positions that fall within their professional category include
such factors to a higher degree than the rest of the positions of the
same.
Also, the quoted add-on will not be consolidable and
will cease to be perceived when the causes that prompted its concession cease.
A Commission will be created to determine the criteria that they should
report the assessment of factors. The Administration will determine the
criteria to apply for granting this add-on.
In the award of job add-ons, the
Administration will previously hear from the Joint Surveillance Commission, Study
and Interpretation of the Convention, which will issue report with no character
binding.
The naming and quantification of these add-ons are listed in
Annex II.
II. Complement of residence: Workers residing in the
cities of Ceuta and Melilla will receive a residence supplement whose
amount is set at 25 per 100 of the corresponding base salary
to each worker. Shall not be considered for the purpose of calculating any
salary supplement, extraordinary pay and seniority. The workers
of Ceuta and Melilla that in application of previous Conventions have
more favorable conditions than previously noted
will receive the residency supplement that they came from, with the
increase that establishes, where appropriate, the General Budget Law
of the State.
For workers from the rest of Spain who came in perceiving
residency supplement will be maintained in your
current amounts, as a non-absorbable personal complement, as long as they are
maintain the residence that caused your accrual.
III. Job Quantity Add-on:
1. The amount of work supplement will be paid by those
capabilities that exceed the usual, made by people or groups
in periods and circumstances to be determined by the management center
corresponding, without prejudice to the provisions of Article 7.7.2.10 of the Convention.
2. The corresponding perceptions of the determining jobs
of this add-on will not be consolidable for the worker, or
will incorporate your job as an acquired right, voluntary improvement
or more beneficial conditions. Completing the tasks by the achievement
of the stated and paid objectives, any
shall be extinguishedright and mutual obligation in this respect.
In any case, an eventual individualized allocation of quantities
arising from the provisions of this paragraph III shall not entail acquisition
of any rights, since such assignments may not be fixed in
your individual or periodic amount on your accrual.
3. The allocation of this supplement can only be made as
to the procedure laid down in Article 61 of this Convention and with charge
to the credits previously included in the General Fund.
Article 57. Extraordinary pagas.
1. Workers covered by this Convention shall receive two.
extraordinary rewards, which will be payable on the amount of a
Base Salary Mensuality and Age Add-on and/or
non-absorbable personal replacement of consolidated age,
paid in the months of June and December.
2. For the purposes of calculating the payment of these rewards,
following definitions shall apply:that the June period between 1 December will pay back
and 31 and May, and the corresponding December to the service period
between June 1 and November 30.
3. To the worker who has entered or ceased in the course of the
year will be paid the extraordinary gratification proportionally to the
time of services delivered from the semester in question, computing
the fraction of a month as a whole month.
4. Workers who provide their services on a shorter day
normal or for hours have the right to receive the same rewards
in proportion to the day they actually perform.
Article 58. Overtime.
Without prejudice to Article 22 of this Convention, the
extraordinary time value is based on the salary level
of the worker, according to table annex III.
Article 59. Forms of payment and settlement.
The remuneration of staff included in this Convention will be
comprised of the base salary and the different concepts defined in this chapter.
Payment of such remuneration will never be made later than the day
work on the last day of the month due.
The Ministry is obliged to pay the labour staff
properly document receipts and salary sheets, as
an official model, with specification of perceptions and discounts.
Article 60. Compensation for the service.
Compensation for service reason is governed by the rules
applicable to State officials. They are regulated by the rules
contained in Royal Decree 236/1988 of 4 March, or those which, in their
case, replace or review them, and which, in article 3.1, defines the concept
of Service Commissions.
They will be applicable to the collective contemplated in this Convention
causes that result in the accrual of diets and expenses, as well as the amounts
of expenses and procedures for legally established justifications.
The analog application of the Decree groups to the
levelsConvention is as follows:
Group 2, levelsIyIIdelConvention.
Group 3, levels III, IV, VyVIdelConvention.
Group 4, levels VII, VIII and IX of the Convention.
Article 61. General fund.
A general background is created, which will be distributed according to
proposals to be approved by CPVEI, under the conditions that for the Commissions
negotiations are outlined in article 89.3 of the Royal Legislative Decree
1/1995, recast text of the Law on Workers ' Statute. This
Fund will receive, until the signing of a new Convention, contributions
additional budget from exercise mass surpluses
subsequent and any other additional contributions collected by
the Administration, including those generated as a result of the
minoring of other costs.
Additional disposition first.
When the specific features of some jobs in
certain services make their provision imperative in cases of
sickness, licenses, permits or vacancies with post reservation, your coverage
will be done in accordance with current legislation, giving account to the
workers ' representatives.
Additional provision second.
Fixed staff who develop a work on a working day
incomplete will have the right to take the vacancies that occur
within the same full-time professional category, within
of the same location and in order of seniority.
Additional provision third.
In no case shall the provisions of this Convention be
interpreted in a restrictive way from legally recognized rights in
every moment to the workers.
Additional provision fourth.
On the assumption that the competent authorities, in the use of their
faculties, will not approve any of the covenants contained in the present
Convention, this Convention must be reconsidered in its entirety if any of
the parties so request.
Additional provision fifth.
Parties to this Convention assume the commitment of
respect and comply in all its fields with the clauses of it, under the
principle of good faith.
First transient disposition.
For personnel affected by the Ministry's Collective Agreement
of Economy and Finance, approved by Resolution of 8 August of
1985, which had the transient personal complement regulated, this one,
respecting this Convention, it will be absorbed from 1 January 1986,
and for a maximum period of ten years with any increase
retributive derived from the general established in future Laws of
Budgets, with those resulting from additional increases to the general
to bring their cause equally from General Laws as well as those
that respond to category promotions and add-ons by realization
temporary jobs higher.
The transient personal add-on, in the resulting amount
at December 31, 1985, divided by 10, resulting in
maximum amount to be absorbed in annual computation by antedchos
retributive increases, except those arising from additional increases to the
general to be referenced above that will in any case be absorbed
100 per 100. In this case, if the amount absorbed must exceed
the annual amortization fee, the transient personal add-on
resulting at December 31 of the corresponding year will be distributed
for the remaining cases up to ten in aliquot parts.
Second transient disposition.
The staff who, at the entry into force of this Convention, are
performing a job without owning the required degree for
the same will continue to occupy you with the same rights as you have
attributed.
Transitional provision third.
Agreements reached or reached in the Scope Table
decentralized of the Ministry of Economy and Finance, as well as, if applicable,
in any other Top Scope Table, they will be immediate application
in this Collective Agreement.
Transitional disposition fourth.
If this Convention was in force, any provision would be ruled out
legal that could affect its content, the Joint Commission will meet
in order to proceed to the appropriate modifications, all without
prejudice to pre-existing rights if they are not affected by the new one
regulations.
As a result of possible changes to labor regulations,
the parties to this Convention undertake to negotiate,
through the Joint Commission, the conditions of its application to the
staff.
Transient disposition fifth.
As a result of the entry into force of the
Royal Decrees 758/1996, May 5; 765/1996, May 20, and
1884/1996, of 2 August, by means of which the Ministry was deleted
of Trade and Tourism and its competences were assumed by the Ministry
Economy and Finance of new creation, and as a measure prior to an
future collective bargaining to unify the Conventions
pre-existing, currently in effect, in previous Departments
(Ministry of Commerce and Tourism and Ministry of Economy and Finance)
it is necessary to facilitate the mobility of labour personnel, with Conventions
Currently different collectives, in the scope of the new
Department, in order to get:
Harmonize the working conditions of the various collectives within
of a new General Framework in the Department.
Facilitate measures to rationalize human resources.
A better distribution of the troops to ensure their stability.
For all the above it is agreed transiently that the labor staff
affected by this Collective Agreement can get target in scopes
functional other than those that were, in their day, included in the scope of
application of the pre-existing convention with the following limitations and
conditions:
Between Units and Management Centers contemplated within
the new organic structure established by the Royal Decrees
mentioned above.
That mobility, both voluntary and service needs,
occur to perform professional functions equivalent to the
of the definition of your job category, taking into account the requirements
of the position to be developed, as well as addressing the features
professionals and employees of the worker.
That in the event of such movibilities, the conditions of
work, in particular regarding the remuneration, will be in all
cases which are recognised by the worker in his/her Convention.
That this transient disposition be extended to all Conventions
This Department's collectives and their different negotiating areas for
the workforce.
That with a preceptive character, and before they are informed
at the same time, the Joint Supervisory Committees,
Study and Interpretation of the Conventions affected by virtue of their scope
prior functional.
This transient disposition will remain effective as long as it is not
reach the unification of the different Conventions or the negotiation is concluded
of a new Collective Agreement.
Transitional disposition sixth.
Administration commits to study the structures of the
professional categories of those centers where it is deemed necessary,
as well as adopt the precise measures in order to an appropriate one
structuring of functions, and, where appropriate, professional reclassifications
from, in which process the representatives of the
workers at the Joint Commission.
Transitional disposition seventh.
The General Fund referred to in Article 61 of this Convention
is initially given 1,417,839 pesetas, from the surplus
of wage bill of the year 1996.
ANNEX I
1996 Pay Table
S. B. Indiv. (12 p.) Pesetas
P. E. Indiv. (2 p.) Pesetas
P. C. Indiv. (12 p.) Pesetas
Total Pesetas Categories Level
I Entitled toper....2.472.360 412.060 29.148 2.913.568
systems....2.472.360 412.060 29.148 2.913.568
II Diplomat
university................2.073,444 345,574 2.419.018
Analyst G. Systems. 2.073,444 345,574 178,752 2.597,770
III Adtvo. Upper er......1.0921.068 320.178 2.241.246
Programmer .........1.921.068 320.178 33.996 2.275.242
commissioning ............1.01.068 320.178 2.241.246
IV Of. 1. or Admtvo........1.834.956 305.826 2.140.782
Chief Control..........1,834,956 305,826 2.140.782
Delineant Project... 1,834,956 305,826 38.220 2.179.002
Computer Monitor. 1,834,956 305,826 2.140.782
Analyst lab. 1,834,956 305,826 2.140.782
V Officer 1. or official.....1.513.896 252.316 81,744 1.847.956
Official 2. or Admtvo... 1.513,896 252.316 81,744 1.847.956
Computer Auxiliary. 1.513.896 252.316 195.492 1.961,704
Operator
Informatic.................1.513.896 252.316 81,744 1.847.956
VI Officer 2. Or officials....1.462.056 243,676 1.705.732
oper. Maq. Microfilm. 1.462.056 243,676 1.705.732
VII Auxiliary Admtvo.....1.375.056 229.176 32.004 1.636.236
Telephone ...........1.375.056 229.176 1.604.232
VIII Aux. cleanup
laboratory................1.194,672 199.112 99.684 1,493,468
S. B. Indiv. (12 p.) Pesetas
P. E. Indiv. (2 p.) Pesetas
P. C. Indiv. (12 p.) Pesetas
Total Pesetas Categories Level
Maq Operator.
Reprod.............1.194,672 199.112 167.832 1.561.616
Subalternate (Cond.
V-M) ................ 1.194,672 199.112 99.684 1.493.468
Subalternate (operator
CICE) .............. 1.194,672 199.112 99,684 1,493,468
Subalternate (Ayte. bar
comed.) ............ 1.194,672 199.112 99.684 1,493,468
Subalternate
(Ordinance) .................. 1.194,672 199.112 99.684 1,493,468
Subalternate (Mozo
ordinary) ......... 1.194,672 199.112 99.684 1,493,468
IX Cleans....1.112.940 185.490 1.298.430
Average cleaner
day ............ 556.476 92,746 4.224 653,446
Cleaner fourth
day ............ 278.244 46.374 2.124 326.742
ANNEX II
Annual post salary supplements
(individual amounts)
The add-ons listed below, except not
absorbable, may be reviewed by CPVEI, respecting the following
conditions and criteria:
Quantis that are set individually cannot be modified
higher.
The amounts that, as a result of the review, are not assigned
individually, will be included in the General Fund that is regulated in the
Article 61 of this Convention.
The number of endowments for each add-on can be modified upwards
from the General Fund, provided the amount of the supplement
by professional category are identical for all your recipients.
The CPVEI will agree, under the conditions that for the Commissions
Negotiators regulate article 89.3 of the Royal Legislative Decree 1/1995, of
March 24, recast text of the Workers ' Statute Act,
the categories that can be perceived by each of the add-ons:
Starting day complement (207,000 pesetas). Number of
endowments: Two.
Special dedication complement (248,400 pesetas). Number of
endowments: One.
Time Availability Add-On (107,124 pesetas). Number of
endowments: Two.
Special Responsibility Plug-in:
Major goal manager: This is the category worker
Subalternate professional who is responsible for coordination and control of
a set of workers of the same category (amount: 166.152
pesetas). Number of envelopes: Two.
General Affairs Officer: It's that worker who has his
responsibility for the operation of some service (warehouses,
etcetera) or monitoring and controlling certain activities
general (shipments, general inventory realization, etc.).
The individual add-on, while performing this activity, will be
of 207,000 pesetas a year. Number of envelopes: Two.
Other special responsibility add-ons:
a) Titled upper (230.760 pesetas). Number of endowments:
Five.
b) University graduates (124,608 pesetas). Number of
endowments: One.
Turnicity Add-on:
Individual Pesetas Value
Number of envelopes
1. Officer .................................................. 201.204
4. Officer 2. o Trades (Of. Special CICE) .................... 153.132
6. Deputies (operator CICE) .............................. 134.076
8. Maintenance staff ............................... 172.368
Non-absorbable personal add-ons:
Individual Pesetas Value
Number of envelopes
7. Top Administrative ................................... 50,748
ANNEX III
Extra time value
Pesetas Level
1 2,843
2 2.506
3 2,347
4 2.113
5 1,877
6 1,776
7 1,580
8 1.409
9 1,331
ANNEX IV
Definitions of occupational categories of work staff
Group 1. o Administrative staff:
1.1 Titled:
1.1.1 Top Grade: It is who, in possession of the
corresponding Top Grade title, linked to the services of the
Department by reason of the title you own to perform the functions of your
academic level.
1.1.2 University Diplomat: It is who, in possession of the
corresponding academic or Middle Grade Technician's degree, this linked
at the service of the Department by reason of the title you own to perform
the functions of their academic level.
1.2 Administrative:
1.2.1 Top Administrative: It is who, with BUP title or
equivalent, under the dependency of the Chief Administrative Unit,
performs with initiative and responsibility in the offices of the Units
Administrative jobs for which knowledge is required
extensive administrative techniques. You can direct and adopt the measures
suitable for sorting and executing tasks, orienting and
distributing jobs for staff who-in their
casode may depend.
1.2.2 Control Chief: Under the functional dependency of the
AreaDepartment Security performs the following functions:
Sorting and distributing work to staff in the various groups
of control.
Input and output control of people, vehicles, material and goods
of the Ministry with corresponding registration.
Tailoring meaningful visitors ' statistical data,
individual or in groups.
Management and custody of car parks in the
Ministry.
Proposal and dispatch of control and parking cards for
cars.
Solution for incidents that occur on different doors and
car parks.
Collaborate on adopting solutions in case of emergency
produced by fires, floods, bomb threats, explosions,
etcetera.
How many others are estimated to be required in order to the security function
that they are entrusted with.
1.2.3 Official 1. or administrative: It is who, in possession of the title of
Higher or equivalent Bachelor, develops in the Units ' Offices
Administrative, those activities that require some initiative and
liability (payroll, file and file organization,
file momentum, preparation of statistical and analog data),
for which the appropriate knowledge needs to be in possession.
For the development of your functions, you can use computers and programs
user-level computing.
1.2.4 Officer 2. or administrative: It is who, in possession of the title of
EGB or equivalent, with initiative and restricted responsibility and
subordinate to a 1 Chief or Officer. a, performs secondary character jobs
that only require general knowledge of the administrative technique.
Taquimecanographs are included in this category with
knowledge of shorthand and typing at a minimum level of 100 words and 250
clicks per minute, respectively.
You will be able to assign arithmetic calculation functions according to
required titration and handling of calculating machines, being able to
use for the development of your computer programs and functions
at the user level will also perform input logging functions and
correspondence output.
1.2.5 Administrative Auxiliary: This is the one in possession of the title
EGB or equivalent, performs the following functions:
Drafting of citations and correspondence of processing.
Making of table, chips and printed.
Classification and cataloging of documentation.
Attention and guidance to the public.
typing and shorthand jobs according to the
knowledge required in admission tests, both on conventional machines
as in the text processing.
Handling of simple teletype machines.
Managing keyboards with screens and query jobs in
microcomputers, prior to professional training in assumptions that are
required, without these functions being either permanent or unique.
In general, administrative relief work for staff entitled or
co-responsible for administrative management.
For the development of your functions, you can require the use of
user-level computer programs.
1.3 Office Machine Specialists:
1.3.1 Microfilm Machine Operator: This is a worker who, with
EGB title or equivalent, you are responsible for the treatment of the
information and its transformation into embedded and archived microfilm, from
whose machines will be responsible for proper operation and use.
1.3.2 Reproducing machine operator: Is the worker
in charge of obtaining copies of an original according to the
required specifications. It is a function of the same to load the machine,
irons, cleaning the same for file, and doing the
precise manipulations.
1.3.3 Telefonista: You need to perform the following functions:
Attention to a telephone switchboard, establishing communications
with the inside and outside, scoring and transmitting how many warnings
receive based on the demands of the job.
Concurrent your work with the one of reception and information to the public
to the extent that it is compatible with your specific job.
In general, those other functions similar to those described
to be entrusted to them by their Chiefs.
Group 2. o Laboratory staff:
2.1 Laboratory Analyst: Who, with training equivalent to
BUP or EGB supplemented with Character Specific Training
professional, you are instructed to perform lab analysis with
corresponding preparation of samples and reagents, surrender of
results and fulfillment of reports related to your task and to
your professional category. You will use the appropriate technical material for this
what is available in the lab. You will be responsible for your use, care
and calibration of the laboratory equipment and equipment.
2.2 Lab Cleaning Auxiliary: This is the worker who runs,
according to instructions and with a high degree of dependency, cleaning tasks
and maintenance of equipment and equipment, as well as facilities
in which performs its functions.
Group 3. o Architecture and delineation staff:
3.1 Projected Delineer: It's the worker who, with the titration
corresponding and under the orders of the Head of Delineation, if any,
performs the graphical development of all projects and projects in
studies.
Group 4. o Conservation staff and various trades:
4.1 Loaded: It is the professional with direct command over one or more
specialized workers performing the sorting functions,
control and sail through the good work of the works.
4.2 Officer 1. o of Office: It is the one who is in possession of the
knowledge, experience, constitutive of your craft, performs the functions
that for that craft are detailed in the Application Labor Ordinance
specific in each case, and those that are entrusted to you with character
elementary supplementary in relation to the overall conservation of the
facilities of the buildings where they perform their professional activities.
4.3 Officer 2. o of Office: It is who, being in the possession of the
knowledge and experiences of your craft, plays the
own functions, which, if any, are detailed in
labor ordinances or application rules specific to each case.
You will also perform those that are entrusted to you with character
elementary supplementary in relation to the overall conservation of the
facilities of the buildings where they perform their professional activities.
CICE Specialized Officer Specialty is recognized within
of this category. The functions that correspond to that craft
are as follows:
Following the instructions of your CICE superiors will perform the
auxiliary tasks, consisting of sampling, separation,
collection, transport and opening of packaging or packaging of goods
subject to quality inspection, export and import, collaborating
in your stowage and desestiba, and in performing the auxiliary tasks of
laboratory and administrative subsequent inspection, such as
sealed, marked, count, and rechaces, filled in
certifications, collection and delivery of other supporting documents
corresponding, being able to use for the development of your equipment functions
and user-level software.
They will be responsible for maintaining the facilities and premises in the
due conditions of use.
4.4 Cleaner: Is the worker or worker in charge of the
cleaning services of premises, of the dedicated work centres
to offices, warehouses, labs, and other dependencies, or
changing rooms or ropers.
Group 5. o Subalternate staff:
Subalternate: Is the worker, in his/her uniform case, who performs the
next taras according to your craft.
Specialties:
5.1 Ordinance: This is the uniformed worker who performs the
following tasks: Surveillance and custody in general; receipt and information to the
public; carrier and transport with vehicles, clothing and delivery of
current packets and notifications; postage, deposit, delivery, pickup, and
distribution of correspondence and packages; performing the orders you are given
entrusts in and out of the building; material loading and unloading
non-inventorable office; handling of simple reproductive machines,
at the service of an Administrative Unit and outside the scope of
specific facilities for reprographics, opening and closing of premises,
taking care of the keys in the centers where necessary and so be available
by the Head of the same, as well as those other functions of nature
similar to the ones described to you.
5.2 Ordinary Mozo: Is the worker in charge of performing tasks for
whose execution is fundamentally required for effort input
physical, as well as moving, storing and distributing the material
used in the Department.
5.3 Motorized Vehicle Driver: It is the worker who, in
possession of the corresponding driver's permission, runs the functions that
order the Head of your Unit, in relation to movement and custody
of vehicles and delivery functions, within the locality where it is located
your job.
5.4 CICE Operary: It is the worker who, following the instructions
of your CICE superiors, perform auxiliary tasks such as taking
samples, collection, transport and opening of packaging or packaging of the goods
subject to quality inspection, export and import,
collaborating, if any, in the stowage and desestiba, in the realization of the
lab, seal, and document collection auxiliary tasks
corresponding justifications; care to keep in due
conditions of use and cleanup of facilities and premises on which it is performed
such inspection.
The CICE Operator circumstantially will also perform the
own functions of the Ordinance in those centers where it does not exist
staff in that category or the holder is absent by any
reason.
5.5 Bar-dining assistant: This is the worker who, in the possession of the
food handler meat, has care as a mission
own of the small kitchen and bar attention and whose work is done
within the Department's dependencies.
Group Sixth. IT staff:
6.1 Systems Technician: Who, in possession of the degree title
Superior or equivalent, preferably by the one obtained at a School
Superior or Faculty with a Computer Specialty, is responsible for the
following functions:
Analyzes detailed aspects of systems, including requirements
input and output, information flows, hardware needs, and
"software" and alternative troubleshooting methods.
Analyzes the existing basic "software" and determines the configuration
optimal required by the installation.
Elaborates the standard procedures for development and
maintenance of basic "software".
Leads the design, programming, testing, and maintenance of the
"software" basic or support.
Defines system security and control procedures.
Schedules the modification and installation of the new basic "software"
ensuring their adaptation to current systems.
Monitors the control over the applications in operation and their impact
on the system.
Implements basic "software" changes or modifications
minimizing adverse effects on production operations or
systems in development.
Performs how many activities are entrusted to you in relation to the mission
of the position and for which you have the knowledge and experience or the
required training.
6.2 Analist-Systems Manager: It is who, in possession of the
titleAverage or equivalent grade, has the following in charge
responsibilities:
Runs application development projects functionally.
Monitors the development of application documentation and
the user's operating manuals.
Monitors the maintenance of applications in operation through
of the necessary modifications and tests.
Monitors user training in new applications or
modified.
You are responsible for planning the jobs to be performed, organizing them
conveniently to ensure optimal utilization of the
computer systems.
Analyzes the applications in exploitation to identify problems or
for optimization.
Analyzes the needs defined in the functional and design analysis
of the logical system through the specifications.
directs the deployment and exploitation of communications networks.
directs the development and use of databases.
Develops the standard procedures for the tasks of
programming.
Performs how many activities are entrusted to you in relation to the mission
of the position and for which knowledge and experience is possessed or
the required training.
6.3 Programmer: Who, in possession of the BUP title or
equivalent, has among its functions:
Designs, encodes, installs, and maintains basic "software" programs
or support.
Assists the System Manager Analyst in manual processing
technical specifications and procedures for the use of
personnelExploitation, Programmers, and Users.
Identifies operational problems in basic "software" programs
and introduces the necessary modifications.
Documents the programs, including the
operations manualapplications.
Updates and modifies existing programs from
detailed specifications.
Supports the System Manager Analyst in Deployment and Exploitation
of the communications networks.
Supports the System Manager Analyst in development and utilization
of the databases.
Evaluates the incidents that occur in the operations of
exploitation.
Performs how many activities are entrusted to you in relation to the mission
of the position and for which you have the knowledge and experience or the
required training.
6.4 Computer Monitor: Who, in possession of the BUP title or
equivalent, has among its functions:
Performs elementary diagnostics to identify operational problems.
Detects and subsates the operational problems produced in the
data transmission.
Evaluates the "hardware" and "software" needs of computing.
Monitors the technical assistance provided to the user and the resolution of
problems and incidents in relation to the "hardware" and "software" of
computing.
Performs how many activities are entrusted to you in relation to the mission
of the position and for which you have the knowledge and experience or the
required training.
6.5 Computer Auxiliary: Who, in possession of the BUP title or
equivalent, has among its functions:
Collaborates on the installation and tuning of the
hardwarecomputing.
Shape the user in the use of "software" tools and in
the use of computer equipment.
Assists the user in resolving operational issues that
have with the basic "software".
Performs how many activities are entrusted to you in relation to the mission
of the position and for which you have the knowledge and experience or the
required training.
6.6 Computer Operator: Who, in possession of the EGB title
or equivalent, performs the functions of:
Runs the operating tasks of the peripheral units.
Performs media library control and maintenance
magnetic (disks and tapes).
Controls the quality of execution of the jobs.
Interprets the messages from the system or the
logical supportprograms and applications; performs the actions required for handling
programs and applications.
Watches the execution of computer jobs.
Performs how many activities are entrusted to you in relation to the mission
of the position and for which you have the knowledge and experience or the
required training.