Having regard to the text of the State Collective Agreement of Perfumeria and Aends (code number 9904015), which was signed dated March 31, 1998, by the National Association of Perfumery and Finnish Manufacturers (STANPA), in representation of the companies in the sector, and of the other, by the FIA-UGT and FITEQA-CC.OO. Trade Unions, representing the working group concerned, and in accordance with the provisions of Article 90 (2) and (3) of the Royal Decree Legisla In the light of the Commission's proposal for a directive on the use of the European Community's financial instrument, the Workers, and Royal Decree 1040/1981, of 22 May, on the registration and deposit of Collective Labour Conventions,

This Work General Address agrees:

First. -Order the registration of the aforementioned Collective Agreement in the corresponding Register of this management center, with notification to the Negotiating Commission.

Second. -Dispose your publication in the "Official State Bulletin".

Madrid, May 4, 1998. -Director General, Soledad Cordova Garrido.

EMPLOYMENT AGREEMENT FOR 1998-1999 OF COMPANIES

AND PERFUMERY AND RELATED WORKERS

CHAPTER I

Scope

Article 1. Functional scope.

This Convention shall apply in all the workplaces of undertakings whose activity, whether or not exclusively, consists in the manufacture, import, distribution and sale of perfumery products, cosmetics, hairdressing, soaps, toothpastes and talcos, essences and flavourings or the like, as well as subsidiaries mainly engaged by such companies whose activity coincides with the one described in this article.

In accordance with the principle of unit of enterprise, this Convention shall apply in all centres of the same undertaking, as well as in those of the subsidiaries which are mainly engaged in the same undertaking, the activity of which is the cases referred to in the first paragraph of this Article.

The provisions of this Convention shall not apply in those undertakings which, in their functional field, are governed by a Business Agreement, unless, by mutual agreement, they choose to accede to this Labour Convention.

The signatory parties express their wish that this Convention should serve as a reference in the negotiation of the business agreements as long as they do not adhere to it. From the second year of validity of this Convention, undertakings with their own Convention shall apply in their field those matters governed by the Sectoral Convention and not covered by the Convention, which shall, for that purpose and for such undertakings, be governed by the Convention. consideration of "agreements on specific matters", as laid down in Article 83.3 of the Staff Regulations.

Article 2. Territorial scope.

This Convention will apply throughout the territory of the Spanish State.

Article 3. Personal scope.

The present working conditions will affect all employees of the companies included in their functional scope, except the senior management staff, regulated by Royal Decree 1382/1985 of 1 August.

Article 4. Temporary scope.

This Convention shall enter into force on the basis of its publication in the "Official Gazette of the State" and, in any event, within 30 days of its signature, and shall remain in force until 31 December 1999. Its economic effects will be rolled back for the first year of validity to 1 January 1998 and for the second year of validity to 1 January 1999.

At the end of the temporary validity of this Convention, and as long as it is not replaced by a new one, the normative content of the present Convention will remain in force.

The two sides are committed to starting negotiations on a new Convention one month before the end of its term.

Article 5. Linking to the whole.

The agreed conditions form a whole organic and indivisible and, for the purposes of their practical application, will be considered globally.

Article 6. Personal guarantees. The working conditions which are higher than those laid down in this Convention, considered as a whole and on an annual basis, shall be respected individually. Such security shall be exclusively personal.

Article 7. Non-discrimination clause.

Both sides are committed to ensuring equal pay for jobs of equal value and for non-discrimination in any of the cases referred to in Article 14 of the Spanish Constitution.

CHAPTER II

Organization of the job

Article 8. Organisational powers of the company's management.

The organization of work, as prescribed in this Convention and in the legislation in force, is the faculty and responsibility of the company's management.

The purpose of the organization of work is to achieve an adequate level of productivity in the company, based on the optimal use of human resources and material resources.

This should be made possible with an active and responsible attitude of the members: Directorate and workers.

Without the right referred to in the first paragraph, the employees ' representatives shall have the functions of guidance, proposal, issuance of reports, etc., in relation to the organization and rationalization of the work, in accordance with the legislation in force and in accordance with the provisions of this Convention.

In the framework of the Convention and the legislation in force, in each company the questions will be specified which, in the case of substantial modification of working conditions, will be subject to:

Information a posteriori.

Previous information.

Previous query.

Prenegotiation.

The interlocutors for each of these modalities will be the representatives of the workers of the same field (of center or intercenters) in which the measure is proposed.

Article 9. Scope of the organisation.

The organization of the job will be extended to the following issues:

1.a The requirement for normal activity.

2.a Award of the necessary elements (machines or specific tasks) so that the worker can achieve at least the activities referred to in the previous issue.

3.a Fixation of both the "waste indices" and the acceptable quality throughout the manufacturing process in question.

4.The supervision, attention and cleaning of the machinery and tools to be entrusted to the worker, taking into account, in any case, in the determination of the quantity of work and activity to normal performance.

5.a The realization, during the period of work organization, of modifications of methods, tariff, distribution of personnel, change of functions and technical variations, of machines and material, especially when, regarding the latter, be it to obtain and search for a comparative study.

6.a The adaptation of the workloads, performance and tariffs to the new conditions that result from the change of a certain operating method, manufacturing process, change of matter, machinery or any other the technical condition of the process concerned.

7.the fixing of clear and simple formulas for obtaining the calculations of remuneration which correspond to each and every worker concerned, in a way and in a manner which is the professional group of the and the job they occupy, they can easily understand them.

Article 10. Procedure for the implementation of the systems of work organization.

For the introduction of a new system of yields based on premiums or incentives, fixing the normal and optimal activity and changing the working methods, we will proceed as follows:

1. The management of the company must inform in advance of the new system that it intends to implement, the Committee of the Company or the Delegate of Personnel and the union delegates or representatives of the trade union sections, if any.

2. In the case of disagreement, the mediation and/or arbitration procedure shall take place during the period of notice prior to the application of the measure in question.

Article 11. New technologies.

When new technologies are introduced in a company that can be expected to be used for workers to substantially change working conditions, or a period of training or technical adaptation not less than one month, they must be communicate the same to the representatives of the employees within a sufficient period of time in order to be able to analyse and predict their consequences in relation to: employment, occupational health, training and organisation of work.

Workers destined for the modified job will receive the necessary training for the development of their functions, either directly from the company or through training plans agreed with INEM or others. competent bodies. From the scheme of such training: Workers concerned, characteristics, duration, hours and budgets dedicated to it, information shall be given to the representatives of the employees.

CHAPTER III

Employment and recruitment

Article 12. Recruitment.

After analyzing together with the workers ' representation the evolution of production in the past year and their relationship with employment, as well as the hiring modalities used in each period, the company it shall examine annually with such representation the forecasts of the evolution of the workforce, the high and low levels and the different modalities in which it is expected to be produced, as well as the activities to which the hiring goes. The possibility of conversion of temporary employment into indefinite employment, as well as the forecasts for the use of temporary workers, will also be discussed. Prior to their use, each undertaking shall examine with the representation of the workers the relevant professional activities and groups in which temporary work undertakings may be used. In relation to the subcontracting of tasks or tasks, to be carried out in the centre or work centres of the undertaking, information shall be given to the representatives of the employees within ten days of their completion.

By contract mode, workers are classified into: Fixed, determined, casual, interim, and part-time contracted, in learning and in practice. In addition, any type of employment contract may be concluded, the modality of which is included in the current labour law.

The hiring of all workers, in accordance with the various procedures set out here, must be made in writing, the contract being to be included in the contract, The working timetable shall also be specified.

The various procurement modalities must be effectively matched to the legally established purpose. Contracts in law fraud shall be deemed to be indefinite for all purposes.

These are fixed workers who are admitted to the company without any special modality in terms of duration.

12.1 Recruitment of a given duration. -They are contract workers for a given time, who are hired for a certain time, express or tacit, or for defined works and services, provided that it is agreed in writing. For this purpose, workers employed for a given time shall have the same rights and equal treatment in employment relationships as other employees of the workforce, except for the limitations arising from the nature and duration of the contract. of his contract.

In application of the additional provision of Law 63/1997 of 26 December 1997, each undertaking which uses the contractual arrangements set out in this Article, after submitting its written forecasts to the representatives of workers and to examine them with them in a meeting expressly laid down for that purpose, shall lay down the amount, conditions and time for the possible conversion of the same into contracts for the promotion of indefinite employment.

Contractual arrangements for "promotion of employment" and "launch of new activity" have been abolished by law, such contracts shall remain in force until their termination in the undertakings in which they have been produced, At the moment or before it becomes contracts for the promotion of indefinite hiring, according to what is established in each company.

12.1.1 Eventual contract: It is possible for those hired to meet the circumstantial requirements of the market, accumulation of tasks or orders still being treated of the normal activity of the company, provided that Written record.

The contract will have a maximum duration of nine months, with the extensions provided for in the Law, within a period of twelve months.

12.1.2 Contract of work or service: In order to enhance the use by companies of the sector of the contracting modalities provided by the law and to facilitate the interest of companies in their own hiring, and to avoid in the the use of forms of external procurement, particularly temporary work enterprises, is agreed to create a particular contract of work or service, as provided for in Article 15.1 of the Staff Regulations.

This contract mode may cover all tasks or works sufficiently differentiated by the additional volume of work they represent, which, limited in time and the duration of which can be envisaged, are direct or collateral related to the production process of the company. In the use of this contractual mode, the undertaking shall give the representatives of the employees no longer than 10 days after the conclusion of the contract, the cause which is the subject of the contract and the working conditions of the contract. workers, specifying the number of contract workers, assigned professional groups and the expected duration of their recruitment. It will also be aware of the causes and timing of its completion. The present inclusion of this mode of employment in this Convention will not in any way represent a limitation to the contractual modality provided for in Article 15.1.a) of the Workers ' Statute.

12.1.3 Interinity contract: It is interim workers who enter the company expressly to cover the absence of a worker in: military service or replacement social benefit, special leave, leave of absence paternity, maternity, holiday, sickness or similar situations, and shall cease, without any right to compensation, when the holder is incorporated. If the absent fixed worker does not reintegrate within the relevant time limit, the management of the undertaking may dispense with the interim worker by resolving the contract at the time corresponding to the end of the reservation of the post, provided that be in writing. In another case, the interim will become part of the firm's workforce with a fixed character, occupying the last position of its professional group. If the duration of the stay is more than two years, except in the case of a special leave of absence, the worker, to his or her retirement, shall receive compensation of 20 days per year or fraction.

12.2 Part-time contract. The worker shall be deemed to be engaged on a part-time basis when providing services for a number of hours per day, per week, month or year, less than that considered as usual in the undertaking in question. these periods of time. Such contracts shall have a minimum duration of 12 hours per week or forty-eight per month, except in the case of a full day of the week. Parttime workers shall have the same rights and equal treatment in employment relationships as other employees of the workforce, subject to the limitations arising from the nature and duration of their contract.

Part-time contract workers will enjoy the supply of dining, transportation, etc., and in the same way as the rest of the workers, being able to be compensated in cash.

When you use the discontinuous fixed mode, the order and the shape of the calls will be fixed in each company.

12.3 Relay Contract.-In those companies in which the circumstances permitting the contract of relief provided for in the Law are produced, they will be obliged to complete the formalities necessary for the performance of the contract. of the relevant relief contract, provided that the worker concerned so requests.

The contract of relief shall be governed, in respect of its formalities and requirements, by the provisions of the legislation in force.

12.4 Practices. -They are employed trainees, those who have a recognized academic, professional or work degree and do a job in order to apply their knowledge to improve them. and adapt them to the level of studies undertaken, at the same time as the company uses its work. In compliance with the established certification requirements, they may be concerned with activities of groups 3 and above.

If the duration of the contract has been concluded for a period of less than the legal maximum, it may be extended for only one time until the maximum term is reached.

12.5 Contract for training. -They are employed by the contract for training those, over sixteen years and under twenty-one years, who enter the company for the acquisition of theoretical training. and a necessary practice for the proper performance of a job or a qualified job. However, contracts to be concluded in the framework of the public employment-training programmes for school-shop, craft houses and social security schemes may be concluded with workers aged 16 and over and under 24 years of age. years.

In application of Article 11.2 (b) of the Workers ' Statute, in each company the representatives of the employees will be analysed which must be the maximum number of contracts for the training, to be carried out in function of the size of the template and in consistency with the company's training plan.

This type of contract will be governed by the following rules:

a) Duration: At most two years. The maximum duration for each type of apprenticeship shall be taken into account for the types and periods of training and experience required for the activity in question. For some activities, a maximum duration of up to three years may be agreed at the company.

The apprenticeship contracts, concluded before the entry into force of Law 63/1997 of 26 December 1997 (30 December 1997), will be equated with contracts for training for the purposes of the provisions of the Treaty. paragraph, in such a way that the worker may only be hired under this modality for the maximum period of time, i.e. two or, exceptionally, three years.

(b) Extensions: The possibility of an extension within the maximum duration indicated above is established.

(c) Activities: This type of recruitment may be used for activities within the professional groups 2 and 3, as well as for groups 4 and 5 which do not require prior certification.

d) Training: In each company, the corresponding training plan will be implemented, or the addition to a sectoral or sub-sectoral plan in progress, as well as grouped plans. The minimum duration to be specified for each type of activity will be 15 per 100 of the day established in the company. The training programme shall also provide for the distribution of time spent on training. The requirement of theoretical training shall be deemed to be fulfilled where the trainee certifies, through certification by the relevant public entity, that he has completed an occupational vocational training course appropriate to the trade or job learning object. In this case the remuneration of the worker shall be increased in proportion to the time not devoted to theoretical training.

e) Evaluation: Creation of a Joint Undertaking or Centre Commission, with the issuance of the corresponding certification. Workers over the age of 18 with one year of contract may voluntarily submit to the assessment of the group concerned.

(f) Tutor: With a maximum of three workers hired for training by tutor, a worker in the professional group must be at least the activity in which it is being formed.

g) Remuneration: The basis of the remuneration shall be the SMG of the group to which its activity corresponds. On that basis, the 80, 90 and, for the case of an exceptional third year, 100 per 100, respectively, shall be paid. The percentages indicated on the established basis are understood to refer to an effective working time equal to 85 per 100 of the maximum working day.

(h) Application of the Convention: Except as specifically regulated, the current Collective Agreement and the specific conditions of application of the Convention will apply to them in full.

Article 13. Recruitment through temporary work enterprises.

This mode of recruitment may not be used to cover positions of structure or to cover vacancies which have occurred in the last 12 months in a job for dismissal declared inappropriate by the Court of the Social, amortization of vacancy or end of contract of fixed duration.

Except as expressly provided for in the contract for making available, which shall be notified to the representatives of the employees of the user undertaking, for workers of the temporary employment undertakings they shall govern the same working conditions for the workers of the user companies.

It is fixed as a maximum limit of hours to contract with the temporary work companies 10 per 100 on the annual working hours of the fixed template of each of the job centers.

Companies shall make known to the representatives of the employees of the undertaking the contracts for the provision and the employment contracts of the workers concerned within the maximum period of 10 days of their employment.

The representatives of employees of the user company are recognized as representing and protecting the working conditions of workers in temporary work companies.

CHAPTER IV

Professional classification

Article 14. Functional classification.

The workers affected by this Convention, in consideration of the functions they perform and in accordance with the definitions specified in the following article, shall be classified in professional groups.

This professional structure aims to obtain a more reasonable productive structure, all without merit of the dignity, opportunity of promotion and just retribution that corresponds to every worker. The present positions and tasks shall be in accordance with the groups laid down in this Convention.

Article 15. Definition of professional groups.

The professional groups group the various tasks, activities and functions that are carried out in the Perfumery and Purposes Industry, within the functional organic divisions in which the companies can be divided.

Such functional organic divisions can be:

A) Administration.

B) Production (research, manufacturing, quality control, maintenance).

C) Commercial (marketing, technical-commercial, sales).

D) Distribution.

E) General services.

F) Human Resources-Industrial Relations.

Factors for determining membership of a professional group:

I. Competence:

A) Technical competence: Knowledge, experience and skill required for the performance of the post (training-specialization-practical experience).

B) Competition Directive: Integrate, coordinate and control activities and functions.

C) Competition in human relationships: The one required to achieve results through others.

II. Commit-initiative:

A) Level of activities-functions to be performed and/or problems-situations to be solved.

B) Guides, rules, references for the performance of the activities and/or problems to be solved.

III. Responsibility:

A) Possibility and a real need to make decisions in different areas or levels.

B) Assumption of risk by decisions and their consequences or impacts.

Article 15.1 Definition of factors for professional classification.

I. Competence:

A set of knowledge, experience, and skill required for the normal performance of a position regardless of its acquisition form, related to a business function or activity.

1. Technical competence: Competence required by the complexity of the functions and which is concrete in practical, technical, knowledge and experience procedures.

a) Training: Considers the minimum and sufficient initial level of theoretical knowledge that a person of average capacity must possess in order to successfully perform the duties of the post after a period of time of practical training.

b) Specialization: Considers the requirement of specialized or complementary knowledge to basic initial training.

c) Practical experience: Consider the time period required for a person of average capacity, and possessing the training specified above, to acquire the practical skill required to perform the job, obtaining a sufficient yield in quality and quantity.

2. Directive Competition: Competition required by the extent of the management with which the post is faced to integrate, coordinate and control different resources, activities, functions, groups and objectives.

3. Competence in Human Relations: Competence required to achieve results through others by motivating and influencing people within and/or outside the organization.

II. Commit-initiative:

Quality and autonomy of the thought required by the position to identify, define and find solutions to the problems presented to it (use of the competition), as well as the greater or lesser dependence of guidelines or rules.

III. Responsibility:

Condition of "answering" for actions and decisions and their consequences. It implies freedom to act on the level of autonomy of decision and action given to the job for the achievement of its results.

Clarifying notes:

1. The classification contained in this Article shall be carried out by analysis, interpretation, analogy, comparison of established factors and by the most representative basic activities developed and shall be kept in mind when qualifying jobs, the size of the company or the area or productive unit in which the function is developed.

2. In the case of concurrent in a position of type or basic activities corresponding to different professional groups, the classification will be done according to those of the higher professional group.

3. The classification shall not, in any event, result in the exclusion of additional activities which may be of a type-basis for jobs included in professional groups in the jobs of each professional group. different.

4. The mere coincidence in the terminology of the name of the activities or of the jobs in different companies will not serve as a criterion of classification, but only the analysis of its content.

5. The fact that a worker is in possession of an individual or all the skills required to be classified in a given professional group does not imply his or her attachment to it, but that the classification is determined by the the requirement and exercise of these powers in the relevant functions.

Article 15.2 Professional groups.

Professional Group 0

The workers belonging to this group plan, organize, direct and coordinate the various activities of the company's development.

Its functions include the elaboration of the organizational policy, the general approaches to the effective use of human resources and the material aspects, the orientation and control of the activities of the In accordance with the established programme, the organization and maintenance of productive and support structures and the development of industrial, financial or commercial policy.

Make decisions or participate in their elaboration. They perform high management or execution of the same levels in the divisions, factories, plants, departments, groups, etc., in which the company is structured and which always respond to the particular ordination of each.

Professional Group 1: Primary Level

I. Competence:

Technical Proficiency:

Training: Primary studies.

Specialization: None.

Practical experience: Minimum adaptation period (up to one month).

Policy Competition:

Not needed.

Competition in human relationships:

Not needed. Co-existence and normal treatment with others.

II. Commit-initiative:

Simple, repetitive jobs that do not require a period of training, under clear and detailed rules or instructions.

III. Responsibility:

Job execution is subject to direct and upcoming monitoring and dependency. The consequences of unintended errors have little influence on processes and are easily detectable and subsable.

Type or main activities:

Elementary operations with simple machines.

Perform errands, carry or collect correspondence or parcel without complex management.

Manual activities in conditioning and/or packaging or packaging and/or packaging.

Line auxiliary services, such as raw material feed, packaging material and removal of finished products.

Elementary recovery tasks.

Manual loading and unloading operations or with simple mechanical means.

Cleaning tasks in general and even machinery and other items.

Elementary tasks in any process.

Any other analogous that responds to the general and training factors attributed to this professional group.

Examples/References (Clarification Note 4):

Buttons, Recadero, Cleaner, Mozo, Peon, etc.

Professional Group 2: Basic Level

I. Competence:

Technical Proficiency:

Training: Basic studies, equivalent to School Graduation.

Specialization: None.

Practical experience: The skill and skill required are reached between two and six months.

Policy Competition:

Not needed.

Competition in human relationships:

Not needed. Co-existence and normal treatment with others.

II. Commit-initiative:

Familiarity with standardized routine jobs, being able to involve the use of tools, machines or other simple, generalized and non-complex means.

III. Responsibility:

Job execution is subject to monitoring and close dependency and stable and known routines and instructions. The consequences of unintended errors have little influence on processes and are easily detectable and subsable.

Type or main activities:

Simple and routine jobs in general administrative tasks and services (for example, input-output and interior correspondence; distribution and postage classification).

Reprogram Jobs.

Reception functions without requiring special qualification or language knowledge.

Surveillance of buildings and premises without special requirements or weapons.

Help activities in product development processes.

Start-level help tasks in the classic trades (masonry, painting, mechanics, electricity, carpentry, etc.).

Quality control and verification tasks.

Activities that consist of the correct preparation of analysis material and the samples to be analyzed, conservation of analytical means and aids to analytical tasks, under direct control.

Operating activities in conditioning and/or packaging, with regulation, tuning, cleaning. etc., of machines such as: Envolvators, packers, fillers, fitting and other auxiliary machines of the industry.

Ready, mixed, dosed, filtered, etc., in the production process, under detailed and concrete instructions.

Preparation of orders, understanding as such, the function of removal of product from shelves, grouping them to, likewise, to pack them and to place labels, previously completed, for internal shipments or to customers.

Any other analogous that responds to the general and training factors attributed to this professional group.

Examples/References (Clarification Note 4):

Auxiliary in administrative tasks, Ordinance, Receptionist, Vigilante (no weapons), Office Assistant, Label, Operary/to Conditioning, Prepare/to Orders (internal or to clients), Embalador/a.

Professional Group 3: Qualified level

I. Competence:

Technical Proficiency:

Training: Basic studies, equivalent to Graduate School, completed professionally by a specific training in some process, or Professional Training FP-1.

Specialization: Knowledge about a trade or professional procedures whose execution is repetitive.

Practical experience: The systematic skill required can be obtained between six months and one year.

Policy Competition:

Not needed.

Competition in human relationships:

It is not needed, except in commercial positions. Co-existence and normal treatment with others.

II. Commit-initiative:

Expertise in procedures or systems that may include dexterity in the use of complex machines, equipment or methods.

III. Responsibility:

The execution of the work is subject to standardized instructions, practices and procedures, with supervision on the progress of the work and its results.

Type or main activities:

Billing, calculation, record, and file tasks or similar to some degree of initiative.

Reception functions, telephone, telex, no foreign language domain.

Payment and home charging functions.

Sale in commercial premises.

Installation of storefronts, preparation of the same and installation of advertising elements.

Sworn or armed surveillance.

Tasks of classic trades: brickwork, electricity, etc., at the level of normal tasks of the trade.

Performing simple and routine analysis of easy checking and sampling functions and sample preparation for analysis.

typing work that may be implied by the writing of correspondence, according to specific format and instructions.

Recording and drilling tasks on data collection machines.

Verification of the product's physical quality conditioning materials, with knowledge of tables and standards of minimum quality.

Operation and monitoring of the operation and regulation of a line or part of a packaging or conditioning chain with the collaboration of operator of posts included in groups 1 and/or 2.

Activities in the production of cosmetic, toothpaste, perfumery and analogous forms that require a high degree of specialization and skill.

Transport and palletizing tasks performed with motor-powered mechanical elements.

Warehouse activities that, in addition to manual preparation, packing, loading, unloading, stacking, and distribution tasks with help or non-mechanical elements, driving forklifts, involve checking of inputs and outputs of goods, under instructions and giving account to the person responsible for the services; weighing and dispatch of the goods, with compliance with apbarans and parts.

Driving of vehicles, with or without distribution, requiring meat classes A and B1.

Any other analogous that responds to the general and training factors attributed to this professional group.

Examples/References (Clarification Note 4):

Administrative/(without specialization), Receptionist-Telefonista, Vigilante jury or with weapons, Seller/a of "Stand", Charger/Payer, Laboratory Auxiliary, Driver (A and B1), Verifier, Operary/a Manufacturing.

Professional Group 4: Official Level

I. Competence:

Technical Proficiency:

Training: Equivalent to BUP or FP-2.

Specialization: Knowledge about a trade or professional procedures at the developed level.

Practical experience: The systematic skill required can be obtained between one and three years.

Policy Competition:

Not needed.

Competition in human relationships:

It is not needed, except in commercial positions. Co-existence and normal treatment with others.

II. Commit-initiative:

Expertise in developed trades, procedures or systems.

III. Responsibility:

The execution of the work is subject to established instructions, practices and procedures, with supervision on the progress of the work and its results, and with a certain level of autonomy.

Type or main activities:

Secretariat without a language domain.

Outline, drawing, design and tailoring tasks.

Administrative tasks that require additional specialisation to the usual practices and which may involve frequent telephone or direct relationships with customers or suppliers.

Central computer operator.

Order fulfillment, merchandise review, and distribution tasks, with record in the books or machines to the effect, of the daily movement.

Sales activities on a visit to clients.

Technical-commercial activities on application and product advice to clients.

Activities of operation, control, surveillance and regulation of the production process, in lines of packaging or conditioning, with assignment of the operations to be carried out in the jobs that make up the chain.

Tasks of physical, chemical or biological analysis and laboratory determinations performed under supervision.

Tasks of classic trades: brickwork, electricity, etc., at the level of trade developed.

Driving, with or without distribution, requiring Class C, D or E. meats

Any other analogous that responds to the general and training factors attributed to this professional group.

Examples/References (Clarification Note 4):

Administrative (with specialization), Secretariat (no language domain), Aprovisioner/a, Seller/a, Beauty Demonstrator, Laboratory Analyst, Classic and/or Manual Trades Officers, Operator/Computer Central, etc.

Professional Group 5: Specialist and/or Intermediate Mands Level

I. Competence:

Technical Proficiency:

Training: Equivalent to BUP or FP-2, completed by a training developed in some advanced procedure.

Specialization: Knowledge about a trade or professional procedures at an advanced level.

Practical experience: The systematic skill required can be obtained over a period of more than three years.

Policy Competition:

If given in the post, it is the first degree of command in an organization, at the level of task or activity monitoring (sometimes, "primus inter pares").

Competition in human relationships:

Demand for a first level of capacity in human relationships to motivate collaborators.

II. Commit-initiative:

Expertise in advanced trades, procedures, or systems.

III. Responsibility:

The execution of the work is subject to total or partial plans and programs, practices and procedures based on clearly defined precedents or policies.

Type or main activities:

Tasks consisting of the direct command exercise at the head of a set of operators of the so-called classical trades (masonry, carpentry, painting, electricity, mechanics, etc.).

Secretariat, with domain of some foreign language.

Translation tasks, correspondence writing, domain-level interpreter of at least one foreign language.

Programming tasks in the computer field.

Accounting tasks at an advanced level, involving the control and use of balance sheets.

Tasks that involve responsibility for the coordination and oversight of surveillance.

Tasks and responsibility for supervision in laboratories or set of laboratories at the advanced level of trade.

Activities involving the responsibility of a shift or a production unit that may be seconded by one or more workers of the lower professional group.

Aestheticists, that is to say, personnel hired according to the Official Diploma of Vocational Training or approved of the Esteticist, able to know in depth the qualities and components of the products, than in the usual way apply special treatments, combining these functions with those of conducting training and/or information meetings on products and treatments.

Any other analogous that responds to the general and training factors attributed to this professional group.

Examples/References (Clarification Note 4):

Address Secretariat (with idiom/s), Traductor/a-Interpreter, Buyer/a, Informatics Programmer, Accounting, Official Diploma, Beauty Monitor, Controller/to Chemical Processes, Manufacturing and/or Control of Quality, Contramaestre, Chargé/a.

Professional Group 6: Professional Level and/or Section Headquarters

I. Competence:

Technical Proficiency:

Training: Equivalent to medium-grade academic training, completed by a specific training in some functional specialty.

Specialization: Knowledge about a trade at the level of domain or functional procedures.

Practical experience: The systematic skill required can be obtained over a period of more than five years.

Policy Competition:

If given in the post, it is the first degree of command in an organization, at the level of integration, coordination and monitoring of homogeneous or heterogeneous tasks or activities.

Competition in human relationships:

Demand for a first level of capacity in human relationships to motivate collaborators.

II. Commit-initiative:

Sufficiency in specialized professional activities that carries with it the understanding of its principles and practices.

III. Responsibility:

The execution of the work is subject to total or partial plans and programs, practices and procedures based on clearly defined precedents or policies.

Type or main activities:

Performing technical functions at the average academic level, consisting of collaborating in research, quality control, studies, surveillance or control in industrial processes, or in professional or scientific services advice.

Analysis tasks in the computer field.

Responsibility for ordering and monitoring the execution of production, maintenance, service, or administration tasks, or all of them in a small-scale enterprise.

Responsibility for a homogeneous unit of administrative character.

Sales monitoring of a group of vendors or a geographical area.

Any other analogous that responds to the general and training factors attributed to this professional group.

Examples/References (Clarification Note 4):

Computer Analyst, Section Chief of some area of the company, Regional Head of Sales, Head of Product, Auditor, Coordinator/A (Sales-Marketing, among other activities).

Professional Group 7: Technical Level-Department Jefatures

I. Competence:

Technical Proficiency:

Training: Equivalent to higher-grade, or medium-grade, academic training completed with extensive professional experience in some area of activity.

Specialization: High knowledge of a technical field, area or functional division.

Practical experience: The systematic skill required can be obtained over a period of more than six years.

Policy Competition:

If given in the position, it is the first degree of leadership in an organization, at the level of integration, coordination and monitoring of homogeneous or heterogeneous tasks or activities.

Competition in human relationships:

Demand at an important or very important level of capacity in human relationships to motivate collaborators.

II. Commit-initiative:

Domain in professional specialized activities that carries with it the understanding of its principles and practices.

III. Responsibility:

Job execution is subject to total or partial to established plans and programs, practices and procedures based on previous or defined policies and under the company's management.

Type or main activities:

Functions involving research or job control tasks with training to study and solve the problems that arise.

Organization, coordination and supervision of a commercial area.

Organization, coordination and supervision of heterogeneous administrative tasks or the set of administrative activities in medium-sized enterprises.

Responsibility for the exploitation of enterprise computing or the set of data processing services in medium-sized units.

Analysis of computer systems.

Technical and supervisory responsibility for a laboratory or set of several medium-sized companies.

Responsibility and technical supervision in manufacturing processes.

Any other analogous that responds to the general and training factors attributed to this professional group.

Examples/References (Clarification Note 4):

Head of Department in the Functional Divisions, Systems Analyst, Perfumist Technician in Olores and/or Sabores, Head of Information Projects, Chief Commercial Officer, Head of Sales.

Professional Group 8: Technical Level-Top (Directorates)

I. Competence:

Technical Proficiency:

Training: Equivalent to higher grade academic training, completed with long professional experience in some area of activity or functional division.

Specialization: Domain of a technical field, area, or functional division.

Practical experience: The systematic skill required can be obtained over a period of more than six years.

Policy Competition:

If given in the post, it is the basic level of management in an organization, at the level of integration, coordination and supervision of functional techniques and procedures.

Competition in human relationships:

Demand at a very important level of capacity in human relationships to motivate collaborators.

II. Commit-initiative:

Domain of functional techniques, procedures and activities that carry with them the understanding of their principles and practices.

III. Responsibility:

Job execution is subject to organization and company policies and principles.

Type or main activities:

Planning, sorting, monitoring, and control functions of the area, functional division, or department of your office.

Sorting and monitoring systems, processes, and work circuits.

Top-level analysis, study and advisory tasks for company addresses.

Responsibility for planning, developing, and controlling the set of organization and computing tasks.

The development of high-level management and research tasks, with programming, development and accountability for the results.

Any other analogous that responds to the general and training factors attributed to this professional group.

Examples/References (Clarification Note 4):

Director/a-Chief (of areas, functional divisions, departments, according to the organization of the companies), Senior Advisor and/or Technicians with high specialization.

In Annex I to this Convention, as an integral part of it, the questionnaire model for the consultation of the Joint Commission on classification in professional groups is collected.

Article 16. Mode of operation for the new professional classification, in those undertakings which have not previously carried out the classification of this Convention.

Due to the collective implications of the new professional structure, and the need for the maximum possible agreement in the application of this new classification that substantially modifies the established so far, the following mode of operation is set:

(a) Negotiating between the company and the workers ' representatives shall be carried out.

b) In the case of an agreement, it will be agreed.

c) Both parties may consult the Joint Committee to issue the relevant opinion which will not be binding.

These consultations must be carried out in the model attached in Annex I.

(d) The parties may also submit to the mediation and/or arbitration procedures provided for in this Convention.

e) Where workers ' representatives do not exist, they may directly go to the Joint Committee.

In order to resolve the proposed mediation or to respond to the consultation formulated, the Joint Commission may examine in the undertaking concerned the characteristics of the activity object of disagreement or consultation.

After the interpretation of the Joint Commission is known, the company's management will apply the new professional classification, however, it will be open the relevant court for any complaint.

In any case, the negotiation does not imply the need for mutual agreement at the company level, between the representatives of the workers and the Directorate for the establishment of the new professional classification, since it does not it must be forgotten that in the conflicts on professional classification it will be the worker or workers affected who would have to accept or not their new professional classification.

In those companies where the classification of the jobs in professional groups has not yet been carried out, the Directorate of the same or the representatives of the workers will present to the other party a proposal in order to conclude a negotiation in 1998.

Individual Warranty: In order to prevent any type

the case of discrimination in the event of change from one system to another, all workers who come together in a situation of lower or higher value for the needs of the organization of work include in the same professional group in which the other workers who perform the duties or functions performed before the present change are included in the same professional group.

Article 17. Annual review.

The adequacy of the current professional classification in the company will be examined annually to the modifications produced as a result of technological or organizational evolution. In the cases of disagreement between the undertaking and the representatives of the employees, it shall be as indicated in the preceding article.

Article 18. Functional mobility.

A functional mobility may be carried out within the professional groups, when this does not involve a transfer of locality. They shall exercise the limit for the same, the suitability and fitness requirements necessary for the performance of the tasks entrusted to that worker.

The workers subject to such mobility will be guaranteed their economic and professional rights in accordance with the Law.

Workers ' representatives, if any, may obtain information on the decisions taken by the company's management in respect of functional mobility, as well as the justification and cause thereof, The company will be obliged to provide it.

CHAPTER V

Revenue, promotions, templates, transfers, post changes, and cesses

Article 19. Revenue.

The income of the workers, whatever their mode of hiring, will always be in accordance with the legal norms in force at every moment on the subject matter.

For entry as a template, they will have a right of preference, on equal merits, to those who have performed or perform functions within the company, subject to any form of temporary employment, including part-time, apprenticeship or traineeship contracts.

In each job or business center, the Management will determine the selective tests to be performed for the income and the documentation to be provided by the applicants.

The company's management will communicate to the employees ' representatives the position or jobs it intends to cover, the conditions to be met by the applicants and the characteristics of the selection tests. The representatives of the employees shall, where appropriate, ensure that they are applied objectively, as well as the non-discrimination of women in the entry into the workforce.

Article 20. Test period.

The income of the workers shall be considered as a test, the period of which shall be variable according to the nature of the posts to be covered and which shall in no case exceed the time fixed at the following scale:

Technical staff and entitled or groups 6, 7 and 8: Six months.

Non-titled and Administrative Staff or Groups 4 and 5: Three months, except for commercial personnel who will be six months.

Specialists or Group 3: One month. For staff selling on "stand", it shall be six months when they are contracted for an indefinite period and three months in the case of fixed-term contracts.

Unqualified workers or groups 1 and 2: One month.

Only the worker is understood to be subject to the probationary period if it is written in this way. During the trial period, by the company and the worker, the contract may be freely resolved without notice and without the right to compensation.

When the worker who finds himself performing the probationary period does not exceed it, the company's management will be obliged to communicate it to the workers ' representatives.

In the case of indefinite hiring, after the test period, the workers will enter as permanent staff, and the test period will be computed for all purposes. The temporary incapacity situation will interrupt the computation of this period, which will resume from the date of effective incorporation into the work.

The training courses of the companies will be considered for all purposes as the time of the trial period.

Article 21. Promotions.

Promotions will be subject to the following regime:

1. The promotion of workers to tasks or jobs involving command or confidence, such as the functions of management, leadership, or other similar functions, as well as the other, such as Counter-Stress, Charters, Capataces, Delegates and Inspectors, The company shall be free to appoint, collect, monitor or keep it.

2. For the promotion of the rest of the jobs, the enterprises which do not have their own system agreed with the representation of the workers, will establish an opposition contest based on a system of objective character, taking as reference the The following circumstances: appropriate qualification, academic assessment, knowledge of the job, professional history, having performed the role of a higher professional group and successfully overcoming the tests that are established.

In pairs conditions of suitability, the ascent to the oldest will be attributed. In equal conditions of suitability and seniority, to the person of the least represented sex in the position to occupy.

The system of valuation made by the Directorate will be preceptively ruled by the workers ' representatives, if any. In the event that there was a disagreement as to how the representatives of the workers who the system lacks objectivity, in a joint meeting, both sides will try to negotiate a agreed solution. If, in spite of this, it is materially impossible to reach the agreement, the workers will be left open to the employment authority or jurisdiction.

For the purpose of ensuring the presence of workers ' representatives in the procedures through which promotions are produced, they shall appoint two representatives who shall participate in the Courts, -opposition, with voice and no vote. They shall also record, in the minutes of the effect, their caveats.

Article 22. Template.

The companies will each year make the templates of their staff, with indication of the contractual modality, and duration of the contract of each one, pointing out the number of workers that comprises each functional organic division and each professional group.

Without prejudice to the promotion of existing personnel by way of promotion, companies will be able to write down the vacancies that occur.

All this and prior to the amortisation of the vacancy shall be reported to the employees ' representatives if there are any appropriate effects.

Article 23. Geographical mobility. Individual transfers.

Transfers of personnel involving change of household address for the affected person may be carried out: At the request of the person concerned, by agreement between the company and the worker, for the needs of the service and for permuse.

1. Where the transfer is made at the request of the person concerned, upon acceptance by the undertaking, the person concerned shall be entitled to compensation for the costs incurred by the change.

2. Where the transfer is carried out by mutual agreement between the undertaking and the worker, the conditions agreed in writing between the two parties shall be met.

3. The transfer of workers-who have not been recruited specifically to provide their services in companies with mobile or mobile work centres-to a work centre other than the same company, requiring changes of residence will require the existence of economic, technical, organisational or production reasons which justify it, or contracts relating to the business activity.

It will be understood that the causes referred to in this article are met when the adoption of the proposed measures contributes to improving the situation of the company through a more adequate organization of its resources, which favors the most competitive position on the market or a better response to the demand requirements.

The decision of the shipment must be notified by the company's management to the worker, as well as to its legal representatives, with a period of time of thirty days to the date of its effectiveness.

Notified of the transfer decision, the worker, except as to the extent established in the company by express agreement, will have the right to choose between the shipment, perceiving a compensation for expenses, or the extinction of its The contract is awarded for a period of 20 days of salary per year of service, with periods of less than one year and a maximum of twelve monthly allowances being extended for months. The compensation referred to in the first case shall include, on the basis of justification, the amount of the following expenditure: Locomotion of the person concerned and the family members of his or her dependants and who live with him, the transport of furniture, clothing and goods and a cash indenfication equal to two months of actual salary. The companies will be obliged to provide the transfer of the necessary aid to enable them to access the housing of similar characteristics to which they came, paying, if necessary, the difference of income in more.

Without prejudice to the enforceability of the transfer within the aforementioned period of incorporation, the worker who has not opted for the termination of his contract will be displeased with the business decision, may challenge it before the competent jurisdiction.

4. Workers with a destination in different locations belonging to the same company, professional level, etc., will be able to arrange the permuse of their respective positions, subject to what they decide in each case, taking into account the needs of the service, the fitness of both permutants for the new destination and other circumstances that are worthy of appreciation.

Article 24. Geographical mobility. Procedure for collective transfers.

The shipment referred to in the preceding number must be preceded by a period of consultation with the legal representatives of the workers of a duration of not less than 15 days, when it affects the whole of the work, provided that it occupies more than five workers or, of a period of 90 days, when without affecting the whole of the working centre, it comprises a number of workers of at least:

Ten workers in companies with fewer than 100 workers.

10 per 100 of the number of workers in the company in those who occupy between 100 and 300 workers.

Thirty workers in companies that occupy 300 or more workers.

This consultation period should address the reasons behind the business decision and the possibility of avoiding or reducing its effects, as well as on the measures needed to mitigate its consequences for the workers affected.

In order to carry out the transfer of personnel, in accordance with the provisions of this Article, as well as in the Staff Regulations, workers shall be entitled to receive the compensation provided for in the Article 23.3.

The following points should be detailed in this notice: a) place where the factory is planned to be moved, and b) housing possibilities in the new location and conditions for rent or property.

The affected worker will have a maximum of one month to accept or raise objections to the transfer proposal. In any event, the staff shall be entitled to receive the compensation laid down in the previous article.

If any worker had incurred justified expenses on the occasion of the shipment and the transfer would not take effect for the company, he would have the right to be compensated for the damages caused.

Article 25. Job changes.

In the case of workers who are forced to join a professional group other than their own, they must be reintegrated into the group of origin as soon as they have vacancies in their group and always have in It counts the scale.

Workers paid for weaning or premiums involving the collection of special allowances for remuneration may not be attached to other work of a different scheme, except where they measure causes of force majeure or technical requirements of the holding so require.

Article 26. Work of a different professional group.

In case of need, the company may direct the workers to carry out work from a different professional group to their own, reintegrating the worker to their old position when the cause of the change ceases.

In the case of a higher group, this change may not be longer than six months uninterrupted or eight alternate months within one year, except for cases of replacement by military service, sickness, accident of work, licences, special leave and other similar causes, in which case the situation shall be prolonged as long as the circumstances in which the situation has been caused remain. After four uninterrupted months or six alternate months, with the exceptions indicated, the opposition shall be convened in the terms of Article 21. The remuneration, as long as the work of a higher group is performed, shall be the same.

In the case of a lower group, this situation cannot be extended for longer than two uninterrupted months, while retaining the remuneration for the group of origin. In no case shall the change imply the detriment of human dignity. In this sense, companies will avoid repeating the work of a lower group with the same worker. If the change occurs at the worker's request, his salary will be conditioned according to the new professional group.

Article 27. Cesses volunteers.

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

Technical staff entitled, technical staff not entitled, groups 7 and 8: Two months.

Groups 4, 5, and 6: One month.

Within the professional group 4, the workers belonging to the functional organic divisions of production or maintenance, will be obliged to put it to knowledge within a period of fifteen days.

Rest of staff: Fifteen days.

The failure by the employees of the obligation to pre-notify them in advance will entitle the company to discount the amount of the salary of one day for each day of delay in the company. notice.

The company will be obliged to liquidate at the end of the term the fixed concepts that can be calculated at such a time and with the formalities required in the current legislation. Failure to comply with the winding-up period attributable to the undertaking shall entail the right of the worker to be compensated by the amount of one day for each day of delay in the liquidation, with the limit of 15 days. There will be no such obligation and therefore this right is not born if the worker did not notice in advance.

CHAPTER VI

Pay Policy

Article 28. Remuneration system.

The remuneration of the staff covered by this Convention shall be made up of the basic salary and the allowances thereof.

Article 29. Payment of wages.

The payment of wages will be made in cash, within the working day, for weeks, tens, fortnightly or months or by cheque or bank transfer. Where payment is made by bank transfer, it must be ensured that the current account or the worker's book is paid on the usual date of payment, and shall have a discharge in respect of the obligation to pay collect the worker's signature on the salary receipt. This will not exempt the company from its obligation to provide each worker with their individual payroll in each of the payments.

As for the payment of advances, the provisions of the current legislation will be in place.

Those companies that have established extraordinary payments must make their credit before the 15th day of the month or months.

Article 30. Guaranteed minimum wage.

By this Convention, workers are assigned a full day, over the age of eighteen, the minimum guaranteed salary of 1,535,107 gross annual pesetas.

The guaranteed minimum wage shall be composed of all the remuneration concepts to be paid by the employees of each undertaking in normal activity in measured or usual work in non-measured work, in normal working hours. and full of work.

Not included in the minimum wage guaranteed seniority and mandatory plusses.

The salary agreement per professional group in no case will be less than the minimum guaranteed salary of the same. To this end, the necessary part of the plus agreement or any other fixed concept that the worker receives in normal and complete working and working time and which would not have been incorporated into the plus agreement can be absorbed. This wage agreement will not serve as a reference for the calculation of seniority or other plusses, nor will it represent an increase in wages for this unification.

Professional groups. Annual minimum wage table in each professional group:

Group 1: 1.535,107 pesetas.

Group 2: 1.642,563 pesetas.

Group 3: 1.780.723 pesetas.

Group 4: 1,980.291 pesetas.

Group 5: 2.256.607 pesetas.

Group 6: 2.640,386 pesetas.

Group 7: 3.208.379 pesetas.

Group 8: 4.068.039 pesetas.

For 1999, the table will be increased by the percentage that results from the CPI forecast by the government in the General Budget of the State for that year, plus a 0.5 per 100.

Article 31. Wage increases.

I. Wage reference model. -The signatory organisations of the present Convention have, following the experience of the last few years, chosen to refer the wage increases agreed to the gross wage bill of the companies. The aim is to generalise the scope of the present Collective Convention by facilitating the accession of those undertakings which are currently bound by agreements of their own level, all without failing to comply with the principle of autonomy and freedom of the parties.

1. Gross wage mass is considered to be the following concepts with the following clarifications:

1.1 Gross Salary Remuneration:

Note A:

Base salary.

Plus convention.

Benefits and Pluses.

Incentives.

Add-ons and premiums.

Extraordinary pay.

1.2 Other Economic Concepts:

Note B:

Commissions.

Diets.

Special awards and benefits.

Scholarships.

Dining Grants.

Housing.

Other non-retributive social benefits.

1.3 Extraordinary hours.

1.4 Other remuneration: Antiquity.

Notes:

A) These concepts will be related to all workers and staff who receive an accrual from the company, except for the staff included in the professional group 0. Nothing will be deducted if there has been a strike or any kind of suspension of work contracts, in which case the theoretical amounts of the workers are not included.

B) Comprises non-strictly wage concepts that constitute a cost element attributable to the work factor.

2. Once the gross wage bill has been calculated on the basis of the factors and concepts listed above, the undertakings shall bring the total amount corresponding to the following masses:

2.1 The masses corresponding to quantities and concepts submitted to the natural evolution of their cost and managed by the company itself, such as:

(a) Pay-in-kind, maintenance, accommodation, home, room and any other supplies.

(b) Social care and social services such as vocational, cultural, sporting, recreational, economic, dining, family, childcare, transport, etc.

These exclusions will not be made on the assumption that the workers will receive lump sums for these concepts, in which case the corresponding items will be increased, that they will increase their amounts or will share with the rest of the increase.

2.2 The masses that correspond to diets, overtime, and sales commissions. The companies, together with the employees ' representatives, will determine in this case the arrangements to be adjusted.

2.3 The mass for the staff included in the professional group 0.

II. Increases.

A) Year 1998:

Once the concept of gross wage bill of 1997 has been purged in accordance with the headings 2.1, 2.2 and 2.3 of paragraph I, the gross wage bill will be increased by 2.6 per 100 of its current amount.

The increases in the gross wage bill of each company will be calculated in terms of homogeneity over the periods to be compared, both in terms of templates and private working arrangements, at levels of productivity, overtime and other working conditions, and consequently, the amounts corresponding to the enlargements in such concepts, excluding any of the actions referred to, shall be taken into account separately.

Performed the operations before, the following actions will be performed:

1. It will reserve 15 per 100 (0.39 per 100) of the agreed increase (2.6 per 100) for:

New antiques.

Adjustment of pay fans.

In the distribution of this mass, the order of priorities set out in the previous paragraph must be followed.

With regard to the minimum guaranteed wages of the professional groups set out in Article 30, they will be enforced by the companies.

In any event, the excess amounts, if any, shall be distributed among the workers after three months after the entry into force of this Convention.

2. The companies will use 2.21 per 100 of gross wage mass purged and homogenized to increase directly proportional the total salary, except the age of each worker perceived to normal activity due to the function or the job he performs in the company.

The result of dividing the total annual salary paid by each worker for the number of hours/year set out in this Convention as the maximum annual day shall be the total salary/time (SHT). In any event, the divider shall be the number of hours/year in the undertaking in question or to be performed by the worker concerned, if less than the annual maximum agreed time.

B) Year 1999:

Once the concept of gross wage bill of 1998 has been purged, in accordance with the headings 2.1, 2.2 and 2.3 of paragraph I, the gross wage mass homogenised by the expected CPI percentage will be increased, plus a 0,5 per 100 as described in Article 30.

The agreed increase will be reserved 15 percent for the same concepts as in 1998.

III. Timetable for implementation.-After the entry into force of this Convention, undertakings shall carry out the calculation of their gross wage bill within a period of 15 days from the date of entry into force of this Convention. The company shall, in a meeting convened for the purpose by the Directorate, provide in writing the details of its gross wage bill broken down by professional concepts and groups, as well as the distribution resulting from the operations outlined in the previous paragraphs. The employees ' representatives shall examine the proposal of the undertaking and, after the relevant negotiation, shall comply with the agreement.

In the event of disagreement pursuant to this article, the use of the mediation and arbitration procedures provided for in this Convention may be used.

In those companies where the legislation does not allow for union elections, data and previous calculations, the workers will be told by exposing it in the bulletin board.

As for the year 1999, and once computed, in case of occurrence, the salary revision of the year 1998, the companies will carry out the calculation of their gross wage bill within thirty days of the wage revision, (a) to be produced, or within 60 days of the date of 31 December 1998, in the event of failure to take place. An act followed, in a meeting convened for the purpose by the Directorate, will be carried out in the same way as for the year 1998.

Article 32. Wage inimplementation.

The parties to this Convention share the need to provide this instrument with a suitable instrument for companies with serious difficulties not to be forced to make commitments to situations of (a) normality, which could aggravate their situation or prevent them from being exceeded. On the other hand, they also agree with the greatest possible clarity under which conditions and with what effect the application of the Convention could be limited, in order to avoid undesirable effects.

1. The agreed wage increase may not be applied where the undertaking proves objectively and reliably that, after a year of losses in its accounting years, the full application may damage the economic stability of the undertaking, taking into account the forecasts for the current financial year. The use of this non-application clause in companies that have used it for three consecutive years or four alternate years, within a period of five, will require express authorisation from the Joint Commission. Such effects shall be a prerequisite:

(a) Communicate the employees ' representatives and the Central Joint Committee, their intention to avail themselves of this Article within 30 calendar days of the publication in the "Official State Gazette" of the Collective Agreement in the first year of validity or its update for the second.

b) To reach agreement on the concrete increase to be applied in the company with the representatives of the workers in it, or, if not these, with the union federations signers of the Convention in its territorial field. The agreement reached must be sent, for its full validity, to the Joint Committee of the Convention so that it may file it and its faith when it is required to do so.

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

d) In the event of disagreement, after 30 calendar days of negotiation in the company, the parties may request the Joint Commission to intervene. If such intervention is requested, the documentation referred to in paragraph 2 of this Article shall be sent to the Joint Committee so that it may decide within 30 days from the date of receipt of the application referred to above. If, in the opinion of the Commission, the documentation sent is not sufficient to be able to rule, the parties shall be directed to extend or clarify the document. In the event of failure to act on an agreement, the Joint Commission will decide to establish the increase in the implementation of the undertaking.

2. The company's management must deliver to the workers ' representatives, or to the undersigned trade union federations, the following documentation:

Balance sheets and results of the reference years, with the corresponding audits, if any, and the statements of the Corporate Tax, which reveal the alleged results for the inapplication, thus as the forecast for the current year. In the absence of such documentation within the time limit laid down in the preceding paragraph, the undertaking must submit the provisional data at its disposal, without prejudice to the submission of the final data when it is in its possession.

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

The company will explicitly set out short-and medium-term industrial, commercial, economic and financial forecasts and objectives, as well as the means to achieve such objectives.

3. The agreement reached will expressly define whether any increase, remuneration, should be applied. In any event, the minimum guaranteed wages of the Convention will be fully implemented within the undertaking.

4. With the exception of the wage increase agreed upon in a different amount from the general of the Convention, or other aspects which may have an impact on economic recovery, the rest of the Convention will be fully implemented in the enterprise.

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

Article 33. Wage revision clause.

In the event that the Consumer Price Index (CPI) established by the National Statistics Institute, increased from December 31, 1998, to 31 December 1997, higher than 2.1 per 100 (inflation). A wage revision is to be carried out at the time of the signing of the Convention, as soon as this is officially recorded, in excess of the figure. Such an increase will be paid with effect from 1 January 1998, thus serving as a basis for the calculation of the 1999 wage increase, and in order to carry it out, the masses used to carry out the agreed increases will be taken as a reference. in 1998.

For 1999 the wage revision clause will be applied in the same way as for 1998 on the expected inflation figure, as indicated in Article 30, with the ceiling of 1 per 100 on the increase agreed for that year.

Also, the minimum wage tables guaranteed by the professional groups, plusses table, allowances and apprentice salaries will be adjusted, according to the revision that will take place.

The mileage will not be readjusted, but will only be updated in its calculation basis for future increases.

Article 34. Seniority.

The age plus for workers affected by this Convention will remain frozen in its current calculation basis, following its natural evolution annuities, trienes, quinquenies and other models in force in the sector.

For newly created companies, the two-triene and five-five-year reference model will be applied as the reference model, with the following amounts being paid:

Annual model: 5.220 pesetas/year.

Trienes: 13,050 pesetas/year.

Five-Year: 26,100 pesetas/year.

The above figures are applicable for all professional groups.

Article 35. Pluses.

With the exception of mandatory plusses (turnicity, nocturality, danger and toxicity), all other pluses are extinguished in their concept and current value, passing their amount to be part of the plus convention.

1. Mandatory plusses, when the circumstances arising from their perception are given, are compatible with each other.

2. The compulsory plusses which were paid before the entry into force of this Convention will be increased by the agreed percentage, with the amounts of the gross wage bill being purged.

3. Those originating from this Convention shall be calculated on the basis of the following table:

Group 1: 2.706 pesetas/day.

Group 2: 2.897 pesetas/day.

Group 3: 3.141 pesetas/day.

Group 4: 3.491 pesetas/day.

Group 5: 3,978 pesetas/day.

Group 6: 4.659 pesetas/day.

Group 7: 5.658 pesetas/day.

Group 8: 7.176 pesetas/day.

and applying the following percentages:

a) Nocturnal: 25 per 100.

b) Penosity: 10 per 100.

c) Toxicity: 10 per 100.

(d) Turno closed (Article 70): 10 per 100 of the base of Group 3 quoted in this Article.

e) Turno continued (Article 70): 15 per 100 of the minimum guaranteed salary of the professional group 3, to be applied on all groups linearly.

The amounts that are currently being collected for working shifts, even if they have a different denomination, will become part of the plus of tournicity, respecting in any case, those conditions that are more beneficial for the workers who are here.

4. For 1999, the tables will be increased by the agreed percentage as set out in Article 30.

Article 36. Incentives.

At the initiative of the company, the salary supplement may be established either by quantity or by quality of work, consisting of premiums or any other incentives which the worker must receive on the basis of higher quality or greater amount of work, whether or not they are linked to a performance pay system. The introduction or modification of a system of incentives under no circumstances may result in the same activity as a loss of the worker's remuneration.

The complaints that may arise in connection with the tariffs of these supplements must be submitted to the workers ' representatives. If the complaint is not resolved within the scope of the complaint, the complaint may be brought before the social court, without the application of the claim fee being applied.

For these purposes, the worker will retain, regardless of the returns he achieves with the new values of time, the average of the perceptions that he would have obtained during the twelve weeks prior to the initiation of the test.

If, during the trial period, the worker or workers concerned obtain higher than normal performance, they shall be remunerated in accordance with the rates which, in anticipation of such an event, would be established, (i) case in point (a) to be paid with the total amounts to be charged for such a concept of yield increase, after the corresponding tariffs have been approved.

In the event that the rates referred to in the preceding two subparagraphs are not definitively established, the higher activity shall be paid in proportion to that which exceeds normal activity.

The time and performance remission will be performed by any of the following facts:

1. For a reform of methods, means or procedures.

2. Where there was a manifest and indubitated error of calculation or measurement.

3. If at work there has been a change in the number of workers or some other change in the conditions of the worker.

4. By agreement between the company and the workers ' representatives.

If, because of the introduction of a performance system and incentives of one or more sections that make up the manufacturing, someone would have to perform a higher quantity or quality of work than the normal activity of their load You must receive an increase in your salary or normal activity.

Companies will have to set up a remuneration system with incentive to indirect labour, when it is established for the direct labour force, if this is determined by the indirect labour force to be carried out. a quantity of work greater than the normal activity of your workload per hour.

If any of the workers paid to leave or premium, do not give the performance due to causes imputable to the company, despite applying necessary techniques, activity and diligence, it will be entitled to the salary that is (a) whether or not it has been provided for the remuneration to be paid to normal or normal activity in unmeasured work.

If the motivating causes of the decrease in performance were accidental or not extended to the whole day, the worker should be compensated only for the duration of the decrease.

When, for reasons well proven, not attributable to neglect or negligence of the company, but independent of the will of the worker (lack of current, breakdown in the machines, waiting for motive power, materials, etc.), The workers ' perception of normal performance is to be paid to workers.

In both cases, in order to prove these rights, it will be essential to have stayed in the workplace.

In changes in the workplace, when the worker has a part of his or her remuneration in the form of a commission, incentives, objectives, etc., it will require that the variable pay be adjusted to the of the new centre, without prejudice to its remuneration for the same activity and performance.

CHAPTER VII

Working day, schedule, overtime, vacation

and correction of absenteeism

Article 37. Working day. Work schedule.

The workers affected by this Convention will have a maximum annual working day of one thousand seven hundred and sixty working hours for 1998 and one thousand seven hundred and forty-four working hours for 1999, The reduction in the number of working days will not necessarily mean a reduction in the number of working days. The possibility of its flexibility or adaptation is established from the signature of this Convention, depending on the points of production. The practical application at the enterprise level of this flexibility or adaptation will be carried out in agreement with the workers ' representatives or with the workers themselves where there are no representatives of the workers, always within the limits established by the legislation in force.

Within one month, starting from the publication of the official calendar in the "Official State Gazette" or "Official Bolletins", which in each case correspond, the companies will indicate with the intervention of the representatives of the workers, the work schedule for the following year.

This schedule should include schedules, national, regional and local parties as well as the time slot where rotating shifts are available and the period within which vacation dates will be set, as well as the breaks. The work schedule will be exposed throughout the year.

In the preparation of the annual calendar, an irregular distribution of the day can be established by mutual agreement, so that in certain periods of the year the ordinary day can be more than nine hours a day.

For reasons of production and in order to react more flexibly to market demands, the company may change the distribution of up to fifty hours per year, which will always be freely available to the company, in a (a) a working centre or section of the same or a given worker, giving a seven-day notice to the employees ' representatives and to the employees themselves.

Any modification that would exceed this agreed upon will result in the application of the provisions of Article 41 of the Workers ' Statute, in accordance with the provisions of Chapter XVII of this Convention for the mediation and arbitration.

Rest time (snack) will be considered effective working time, where it is established by agreement or express agreement.

Article 38. Overtime.

in view of the serious situation of existing unemployment and with a view to promoting a social solidarity policy conducive to the creation of jobs, the abolition of the usual overtime is agreed, thus maintaining the criterion already established. established in previous agreements.

Also, in order to give all its value to the above criterion, in each company will be analyzed jointly between the representatives of the workers and the company, the possibility of making new hires within the arrangements in force, in place of the extraordinary hours removed.

In the light of the above mentioned employment objective and the experience of our European environment in this field, the organisations which are signatories to this Convention urge their representatives to make up for all the extra rest. If a method is not specified in the company, the option between economic compensation or rest will be the responsibility of the worker, with the criteria and limitations mentioned in the last paragraph of this article.

Also for different types of overtime, the following is agreed:

a) Extraordinary hours of force majeure: Realization is agreed upon in the following assumptions:

Those that are required by the need to repair claims and other extraordinary and urgent damages.

Other analogs whose failure to make any obvious and serious damage to the company itself or to third parties.

In case of risk of loss of raw materials.

b) The maintenance, in the event of not being foreseeable and replaceable by employment, is agreed upon for overtime corresponding to the following assumptions:

Those required by orders or peak periods of production, when these are unforeseeable or their failure to produce serious material or customer losses and this is evident.

Unforeseen absences.

Set up and/or stops.

Shift changes.

Maintenance, where the use of the various forms of temporary or partial procurement provided for by the Law does not apply, and its failure to carry out the loss or deterioration of production, and in the event that its failure to do so would be impossible to repair breakdowns or to guarantee the proper implementation of production.

The extraordinary hours in any case, by their nature, will be voluntary, according to the Law, except those whose failure to make the company serious damages or prevent the continuity of the production, and the others (a) the maximum force of the force referred to in paragraph 1.

The Company's management will report monthly to workers ' representatives on the number of overtime hours, specifying the causes and, where appropriate, the distribution by sections. In addition, on the basis of this information and the criteria set out above, the company and the employees ' representatives will determine the nature and nature of the overtime, depending on what is agreed in this Convention.

Discrepancies may be subject to the mediation and/or arbitration procedures provided for in this Convention.

The realizations of overtime, as provided for in Article 35 (5) of the Staff Regulations, shall be recorded on a daily basis, and shall be aggregated in the period laid down for the payment of remuneration, by giving copies of the summary to the worker on the corresponding receipt.

Monthly shall be notified to the working authority jointly by the company and the representatives of the employees, if any, the overtime hours performed with the corresponding qualification for the purpose of fulfilling to the provisions of the current regulations on social security contributions.

Extraordinary hours shall be considered to exceed the hours exceeding the day laid down in accordance with Article 37 of the Collective Agreement. They shall be compensated preferably for rest at a rate of 1.25 hours for each extraordinary hour carried out, being cumulable to whole days. The company will agree with the worker on the specific dates for the enjoyment of the corresponding rest. Overtime compensated by rest, within four months of its completion, shall not be taken into account for the purposes of the maximum annual ceiling laid down in Article 35.2 of the Staff Regulations. If it is not possible, for organizational reasons, the compensation for rest, shall be paid at the rate of 1.50 on the value of the ordinary hour for each extraordinary hour, except for the express pact in the company. In no case shall more than 30 overtime per year be economically compensated. This limitation does not affect maintenance and data processing tasks.

Article 39. Holidays.

The paid annual leave scheme of the staff affected by this Convention shall be 30 calendar days for all workers.

From this vacation, at least, fifteen calendar days will have to be enjoyed uninterruptedly between the months of June to September.

The annual vacation may not be compensated in cash.

Workers who on the date determined for the enjoyment of the annual vacation would not have completed an effective year in the company template, will enjoy a number of days proportional to the time of services provided.

In the event of the closure of the working centre for holidays, the Directorate of the company shall record the staff who during that period must carry out necessary works, maintenance and repair work, in particular with interested parties the most convenient way of their annual vacation.

Companies will be able to exclude as a holiday period the one that coincides with the company's highest seasonal productive activity, after consultation with the workers ' representatives.

The holiday distribution table will be displayed at least three months in advance, in the bulletin boards, for staff knowledge. Such distribution, in accordance with the different shifts in the enjoyment of the holidays, may not be expected to exceed, in practice, the maximum working day or to reduce the working time. In any case, the agreements which exist in each company shall be respected.

For the payment of the holiday period, the same regime established in the companies for the payment of assets will be followed in the non-holiday period, although the workers will be entitled to receive advances on account, without these may exceed 90 per 100 of the corresponding salary.

The vacation will be paid according to the average earned by the worker for all the concepts in normal day, in the three months prior to the date of initiation of the same.

Temporary incapacity: Companies, when a temporary disability situation occurs during the holiday period, and in the event that it is not interrupted and only during that period, will complement up to 100%. 100 of the salary to be paid by the worker in that period, the economic benefits of temporary incapacity.

The staff with the right to leave in the course of the year will be entitled to the proportional portion of the vacation, according to the number of months worked, and the fraction of the same is completed as a whole month. In the event of the death of the worker, this amount shall be met by his successors.

The staff in turn will be able to start enjoying their holidays, at the end of their regular rest period.

Article 40. Temporary disability supplement.

Companies will supplement the benefits of Social Security and mutual accidents, up to 100 per 100 of the real wage, in the cases of accidents at work, occupational disease, hospitalization and maternity.

Article 41. Correction of absenteeism.

The parties to this agreement recognize the serious problem that the absenteeism poses to our society and understand that its reduction implies, both an increase in the presence of the worker in the workplace and the the correct organization of enterprise medicine and social security, along with adequate safety, hygiene and working conditions, in order to effectively protect the physical and mental health of workers.

In the same way, the parties are aware of the serious breach in the economy of absenteeism when certain levels are exceeded, as well as the need to reduce it, given its negative impact on productivity.

To properly achieve these goals agree:

1. To do everything possible to suppress absenteeism due to causes related to the work environment in order to an effective improvement of working conditions, taking into account the ILO regulations.

2. Workers ' representatives shall be consulted in all decisions relating to technology, the organisation of work and the use of raw materials which have an impact on the physical and/or mental health of the worker.

3. By quantifying and cataloging the causes of absenteeism, the following prior and duly justified absences will not be computable for the purposes of such quantification, within the legal framework of the following cases:

Marriage.

Child birth or serious illness or death of relative to the second degree of consanguinity or affinity.

The usual home move.

For the time indispensable for the fulfillment of a duty of public and personal nature.

Performing union or staff representation in terms established legally or conventionally.

Breastfeeding workers for a child under nine months of age.

Absences from hospitalization.

Absences due to an occupational accident.

The absences caused by the suspension of the activity in the event of an accident risk when it is decreed by the labor authority or the company's management decides, whether or not it is at the request of the representatives of the workers.

The maternity leave of the worker.

The supposed suspension of the contract of work for legally established causes, except temporary incapacity.

4. To reduce unjustified absenteeism (understanding as such the temporary incapacity according to the previous heading and the unjustifiable lack), when the individual number of absenteeism exceeded 4 per 100 of the time to work during the the period of three calendar months, the affected worker shall no longer receive the temporary disability supplement if

customary or through express covenant would come by accrual. Such computation shall be carried out on a quarterly basis.

These effects are not considered to be uninterrupted faults of more than twenty-one days.

5. The fate of the amount of these funds will be decided upon with the participation of the workers ' representatives.

6. In this chapter, both sides will be governed by the basic criterion of seeking to reduce the causes that generate it and focus on those in which, a realistic and negotiating action, can achieve its reduction in the short and medium term.

CHAPTER VIII

Offsets, diets, licenses, and excess

Article 42. Displacements and diets.

Employees who need to travel or travel to populations other than those in which the company is required to do so, will receive, except in the cases where the company is establish another more beneficial compensation system, a diet of 2,096 pesetas when performing a meal outside and overnight at their home; 3,582 pesetas, when they perform the two meals outside, overnight at their home, and 7.140 pesetas, when, In addition to making the two meals outside, stay out of your home.

These diets will be fully earned on the day of departure.

The expenses of the company will be borne by the company, which will establish the most suitable means of transport. The employees shall also justify the amount of the expenditure incurred.

When the means of locomotion, which are cost to the company, and the distribution of the time to the worker make meals at home, they will not have the right to receive a diet.

When the worker uses his or her own vehicle, it shall be established, after agreement between the undertaking and the worker, an amount per kilometre, for which the cost of the factors shall be taken into account. In the case of vehicle maintenance, depreciation, accident insurance, etc., taking into account what is established in this respect by the specialised journals in this field, without in any case the quantity per kilometre below 35.07 pesetas.

Article 43. Licenses.

The worker, advising on possible advance, may be absent from work entitled to remuneration, for any of the reasons and for the time set out below:

1. Fifteen calendar days in marriage cases.

2. Two working days by birth of a child, which may be extended by up to two other natural days in case of justified illness or where the worker needs to make a move to the effect. In the latter case and for the purposes of the licence days to be granted, the following shall be taken into account: two days per displacement up to 100 kilometres, three to 200 and four for more than 200 kilometres.

3. Two calendar days in case of severe illness, surgical intervention requiring general or epidural anesthesia or a minimum of twenty-four hours of hospitalization or death of relatives up to a second degree of consanguinity or affinity, In the same way, the relationship derived from the duly accredited couple is being treated, which may be extended to four days when the couple is moved to the effect. In this case and for the purposes of the days of leave to be granted, the following shall be taken into account: Two days per displacement up to 100 kilometers, three has 200 and four for more than 200 kilometers.

4. A natural day in the case of marriage of children, parents or siblings on the date of the celebration of the ceremony.

5. For one day per transfer from his usual address.

6. For the time indispensable for the fulfillment of an inexcusable duty of public and personal character. Where a legal or conventional standard is established, a given period shall be the same as the duration of the absence and the economic compensation.

7. For the time established to enjoy general educational rights and professional training in the cases and in the form regulated in the legislation in force.

8. For the time necessary for the carrying out of prenatal tests and preparation techniques to be carried out within the working day.

As for the items 1 to 3 of the previous paragraph, in duly accredited extraordinary cases, such licenses shall be granted for as long as necessary under the circumstances, under the conditions of granting and being able to remember the non-perception of haberes.

It is attached as Annex II table where the degrees of affinity and consanguinity are collected.

Article 44. Medical office assistance.

When, for reasons of illness of the worker, this requires the assistance to a doctor's office in hours coinciding with those of his working day, the companies will grant without loss of payment the necessary permit for the time It must be justified by the fact that it has to be justified on the basis of the optional visa, whether or not it is Social Security.

Article 45. Unpaid leave.

You will be able to apply for unpaid leave, with a maximum duration of three months, workers who have passed the trial period, will take the company's service for more than six months. Companies will resolve the requests made in this respect, except that the granting of licences will seriously affect the production process or a number of workers equal to 2 will be found enjoying this right. per 100 of the establishment plan, or a worker at work centres of less than 50 employees.

To be entitled to a new license must be at least two full years from the date of termination of the previous one.

The worker shall have the right to enjoy an unpaid leave of three days a year at most under the following conditions: To be applied for at least seven days in advance, not to join them for holidays or for "bridges". Companies will resolve the requests made to them in this respect, except that the concession will seriously affect the production process.

When the unpaid leave is requested for the death of a third-degree family member, it shall be granted for the necessary time.

Article 46. Surplus.

I. Leave of absence to the reserve of job.

Workers with one year of service may apply for voluntary leave for a minimum period of 12 months and no longer than five years, not for the duration of this situation to any effect. In no case shall it be possible to produce in fixed-term contracts.

The requests for excess will be resolved by the company, within a maximum of one month, taking into account the needs of the work, and attempting to dispatch favorably, those requests that are merged into studies, family requirements and other similar requirements.

When the worker requests it, the re-entry will be conditional on it being vacant in its category or professional group. If there is no vacancy in the professional category or group, and if at the bottom, the surplus may choose to occupy this place with the corresponding salary until a vacancy occurs in its category or professional group, or reenter until such vacancy occurs. In any case the company will be obliged to reply in writing to the request for reentry of the worker.

The worker who does not apply for re-entry one month before the termination of his or her leave will cause the company to be permanently low. In order to benefit from other voluntary leave, the worker must cover a further period of at least four years of effective service in the undertaking.

II. Leave of absence with reserve of job.

Workers shall be entitled to a period of leave of absence, not exceeding three years, to care for the care of each child, whether by nature or by adoption from the date of birth of the child. Successive children shall be entitled to a new period of leave of absence which, if necessary, shall end the period of their enjoyment. When the father and the mother work, only one of them will be able to exercise this right. The period in which the worker remains in a situation of leave in accordance with the provisions of this paragraph shall be computable for the purposes of seniority and the worker shall be entitled to assistance to vocational training courses, to which he or she must be convened by the company's management, in particular on the occasion of its reinstatement.

During the first year you will be entitled to the reservation of your job. After that period, the reserve shall be referred to a post of the same professional group. The right to automatic re-entry will be lost, if paid employment on behalf of others or the usual self-employed will be carried out during the leave.

A worker may be granted a surplus of up to a maximum of one year, with automatic re-entry, to attend to a serious illness of the spouse, or to parents and unmarried children, when the spouse works and they live with them.

The worker who does not apply for re-entry one month before the termination of his or her excess will cause a definitive reduction in the company.

III. Special leave.

It will result in the situation of special staff exceeding any of the following causes:

(a) Nomination for public office, where its exercise is incompatible with the provision of services in the enterprise. If discrepancies arise in this respect, the competent jurisdiction shall decide. The excess shall be prolonged for the duration of the charge determined by the person and shall grant the right to occupy the same place as the worker performed at the time of such situation, and the time spent in that situation as an asset to all the effects. The re-entry must be requested within the month following that of his or her termination in the public office.

(b) sickness, after the period of the temporary incapacity for sickness has elapsed and during the period in which the worker receives the temporary invalidity benefit from the social security scheme.

(c) Incorporation into rows for the provision of military service or social provision, either compulsory or voluntary, for the minimum duration of the service, reserving the employment position as long as the worker remains in compliance with that military service and two more months, computing all this time for the purposes of seniority.

Staff who are in compliance with the military service or replacement social service may be able to return to work when they obtain a temporary leave of more than one month, in full days or hours, provided that they are both This is the case for the timely military authorization to be able to work, with the company being able to reenter with the workers who enjoy permits of shorter duration than the one mentioned.

Article 47. Suspension of the contract with the reserve of the job.

In the course of delivery, the suspension will last for sixteen uninterrupted weeks extendable for multiple births to eighteen weeks. The period of suspension shall be distributed to the person concerned, provided that six weeks are immediately after the birth, and may make use of the father for the care of the child, in the event of the death of the mother.

However, in the event that the mother and father work, that, at the beginning of the period of maternity leave, may choose to have the father enjoy up to four of the last weeks of suspension, always who are uninterrupted and at the end of the said period, unless at the time of their effectiveness the incorporation into the work of the mother poses a risk to their health.

In the case of adoption, if the adopted child is less than nine months, the suspension shall be a maximum of sixteen weeks counted, at the choice of the worker, either on the basis of the administrative or judicial decision of the (a) the right of establishment, or the right of the court or tribunal to adopt it. If the adopted child is older than nine months and under the age of five, the suspension will last for a maximum of six weeks. In the event that the father and the mother work, only one of them will be able to exercise this right.

CHAPTER IX

Disciplinary regime

Article 48. Regime of faults and sanctions.

The workers may be punished by the Management of the companies, according to the graduation of faults and penalties that is established in the following articles.

Article 49. Graduation from the fouls.

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

Article 50. Minor fouls.

The following are considered minor faults:

1. The lack of punctuality, three in one month, in the attendance at work, with a delay of less than thirty minutes in the time of entry.

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

3. The abandonment of service without cause founded, even if for short time. If, as a result of the case, any consideration was given to the undertaking or cause of accident to his or her co-workers, this fault may be regarded as serious or serious, as the case may be.

4. Small oversights in the preservation of the material.

5. Lack of grooming and personal cleansing, where such, that may affect the production process of the company.

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

7. Do not communicate to the company changes of residence or domicile.

8. Discussions on matters outside the work within the company's premises. If such discussions produce a notorious scandal, they may be considered as serious or very serious misconduct.

9. Missing work one day a month without justified cause.

10. Those that do not comply with the regulations on the prevention of occupational risks and the internal rules of the company in this respect, provided that they are of serious importance for the physical integrity or the health or of the other workers.

Article 51. Serious fouls.

The following are considered to be serious faults:

1. More than three non-justified faults of punctuality, greater than five minutes, in the attendance at work in a period of thirty days.

2. Absence, without justified cause, for two days for a period of 30 days.

3. Do not communicate with the punctuality due to the changes experienced in the family that may affect the Social Security. The lack of such data is considered to be very serious.

4. Give yourself to games or distractions at work hours.

5. The simulation of illness or accident.

6. Disobedience to his superiors in any matter of work. If it is clear that the discipline is manifest, or if there is a serious injury to the undertaking, it may be regarded as very serious.

7. Simulate the presence of another worker, by signing, answering or signing by him.

8. Neglect or neglect in the work that affects the service's good march.

9. The recklessness in the act of work. If there is a risk of accident for the worker, his or her companions or danger of damage to the facilities may be considered to be very serious.

10. To carry out, without the appropriate permission, particular works during the day, as well as to employ tools of the company for own uses.

11. The drunkenness was not an act of service by wearing the uniform of the company, provided that it can be identified by the company itself.

12. Those who have failed to comply with the rules on the prevention of occupational risks and the internal rules of the company in this respect, provided that they create a serious risk to the physical integrity or to the health or the rest of the workers, in particular on the subject of individual protection measures.

13. The recidivism in a slight lack (excluding the punctuality), even if it is of different nature, within a trimester and having mediated written communication.

Article 52. Very serious fouls.

The following are considered to be very serious:

1. More than ten non-justified faults in punctuality, exceeding five minutes committed over a period of six months or twenty for one year.

2. Fraud, disloyalty or breach of trust in the efforts entrusted to them. Theft or theft, both to the company and to the co-workers or any other person within the company's premises or during work anywhere else.

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

4. The conviction for the offence of theft, theft or embezzlement, committed outside the company, or any other kind of facts which may involve such distrust in relation to its author, and, in any case, the duration of more than six years, given by the Courts of Justice.

5. The continuous and usual lack of grooming and cleanliness, of such a kind that it produces justified complaints from his co-workers.

6. The usual drunkenness.

7. Violate the secret of the correspondence or reserved documents of the company or reveal to elements other than the same data of required reservation.

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

9. Causing serious accidents through negligence or recklessness.

10. Abandon the job in a position of responsibility.

11. The voluntary and continuous decrease in the normal performance of the work, provided that it is not motivated by the exercise of any right recognized by the laws.

12. He originated frequent scuffles and pendences with co-workers.

13. The abuse of authority by the bosses and sexual harassment will always be considered to be very serious. He who will suffer it will immediately put him in the knowledge of the company's management or the workers ' representatives. The opening of an adversarial file shall take place on the basis of the complaint lodged.

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

Article 53. Sanctions regime.

It is up to the company to impose sanctions in the terms of the provisions of this Convention.

The sanction of minor and serious faults will require written communication, motivated to the worker, and that of the very serious faults will require processing of the file or summary procedure in which the affected worker is heard.

The requirement for a file or summary procedure shall be understood with the written communication to the worker in which the charges are imposed and the time limit of three working days for the worker to submit the a corresponding statement of discards.

In any event, the company will give written account to the employees ' representatives, if any, and on the same day as the affected person, of any sanction or file.

Article 54. Maximum penalties.

The maximum penalties to be imposed in each case, taking into account the seriousness of the misconduct, shall be as follows:

(a) For minor faults: Verbal, written and suspension of employment and salary up to two days.

b) For serious misconduct: Suspension of employment and salary of three to fifteen days.

(c) For very serious faults: From suspension of employment and salary from sixteen to sixty days until the termination of the contract of employment, in the cases where the fault is qualified to a maximum degree.

Article 55. Prescription.

The faculty of the company to sanction will prescribe for minor faults, ten days for serious faults within twenty days, and for those very serious at sixty days from the date on which the company became aware of its (i) the Commission's proposal for a directive to be adopted by the Commission.

CHAPTER X

Safety and occupational health. Environment

Article 56. Safety and occupational health.

The protection of workers ' health is a basic and priority objective of the signatory parties and considers that to achieve this, the establishment and planning of preventive action in the centres is required. (a) at work and in undertakings which at last has the elimination or reduction of the risks at its origin, based on its assessment by taking the necessary measures, both in the correction of the existing situation and in the technical and organisational developments of the company, to adapt the work to the person and protect their health.

In all matters concerning the safety and hygiene of the work, the Law 31/1995 of 8 November, the Prevention of Occupational Risks, its regulatory standards for development and other regulations will apply. concordant. The provisions of a working nature contained in that Law, as well as the regulatory rules which are laid down for its development, have the character of minimum necessary law unavailable, as far as is expressly not provided for in this chapter, shall be fully implemented.

In the event that the aforementioned regulations are subject to modification by subsequent provisions, the parties to the present Convention undertake to renegotiate the content of this article.

Workers have the right to effective protection in the area of safety and health at work, which implies the existence of the employer's duty to protect workers from occupational risks.

The achievement of this right of protection shall be ensured through the adoption by the employer of the necessary measures in the field of risk assessment, information, consultation, participation and training of workers, action in cases of emergency and serious and imminent risk, monitoring of the health and organisation of a preventive service.

For these purposes, both parties agree to address the application of the above paragraph in line with the following general criteria and statements.

1. General principles.

1.1 From preventive action:

The preventive action will be inspired by the following principles:

I. Avoid and combat risks at source.

II. Evaluate those that cannot be avoided, taking into account the evolution of the technique.

III. Replace that which is dangerous with what is less or less dangerous.

IV. Put collective prevention before the individual, using individual protective equipment only when it is not possible to avoid risks acting on their causes.

V. Plan prevention.

VI. To adapt the work to the individual, in particular as regards the design of the jobs.

1.2 Prevention Services:

In compliance with the duty of prevention of occupational risks, the employer shall designate one or more workers to deal with such activity, constitute a preventive service of his or her own or arrange such service with an entity (a) specialized in the company. In undertakings of less than six employees, the employer may take the duties of the preventive services in person, provided that he has the necessary capacity.

Prevention services should provide the company, workers and their representatives and specialised representation bodies with the advice and support that is needed in the light of existing risks, and in relationship to:

The design, implementation and coordination of prevention plans and programs.

The assessment of risk factors.

The determination of priorities in the adoption of preventive measures.

Information and training of workers.

The delivery of first aid and emergency plans.

The monitoring of workers ' health.

This is without prejudice to the provisions of Royal Decree 39/1997 of 17 January 1997, which adopted the Regulation of the Prevention Services.

1.3 Working environment.

The threshold limit values which, for each case, the Spanish legislation and/or the National Institute for Safety and Health will be considered as maximum permissible levels of risk agents in the working environment shall be considered as maximum permissible levels of risk agents in the working environment. Hygiene at Work.

When the outcome of the assessment is made necessary, periodic measurements of the environmental risk agents shall be carried out at each job with the frequency and methodology that the prevention plan establishes and the the workers concerned and their representatives will be informed. A record of such measurements shall be carried out in order to ascertain the evolution of the working environment.

In the cases to be taken into account, it will take into account, in the matter of the day, the provisions of article 23 of Royal Decree 1561/1995, of 21 September, regarding the limitation of the times of exposure to the risk.

1.4 Serious and imminent risk.

The employer shall inform the workers concerned of the existence of a serious and imminent risk and of the measures taken or to be adapted in respect of protection. In addition, in the event of an unavoidable danger, the measures will be adopted and the necessary instructions will be given to enable the workers to interrupt their activities and, if necessary, to leave the workplace immediately.

For your part, the worker may interrupt his or her activity and leave the place of work, if necessary, when he considers that such activity poses a serious and imminent risk to his or her life or health.

In the event that the employer does not take the necessary measures to ensure the safety and health of the workers, the legal representation of the workers and, if not possible, to meet the required urgency of the The members of the Prevention Delegates may agree by a majority to the cessation of the activity of the workers affected by that risk. Such an agreement shall be communicated immediately to the undertaking and to the labour authority, which shall cancel or ratify such a decision within 24 hours.

1.5 Monitoring of the health of workers.

Health surveillance of workers through medical examinations will be subject to the following principles:

They can only be carried out when the worker gives his consent, except in cases where, after the workers ' representatives are informed, they are considered essential:

To assess the effects of working conditions on workers ' health.

To verify whether the health status of a worker can be in danger to themselves or others in the enterprise.

Or when you set it a legal disposition.

The tests that will be carried out will be the essential ones for the objectives that the health surveillance intends, must cause the least inconvenience to the worker and must be proportionate to the risks that are monitored and specific, adapting to the raw materials or additives which are handled in each job.

The right to privacy and the dignity of the worker and the confidentiality of all information related to his or her state of health will be carried out.

Data relating to health surveillance may not be used for discriminatory purposes or for the detriment of the worker.

It will be carried out by healthcare personnel with technical competence, training and accredited capacity.

1.6 Damage to the health of the worker.

When there has been damage to the health of the worker or as a result of the surveillance of his health, indications are detected that the prevention measures are insufficient, the causes will be investigated and the necessary measures in order to ensure that, as far as possible, such situations are not repeated in the future.

2. Delegates of Prevention.

In the work centers of the Perfumery and Purposes Industries, the following criteria will be appointed to the Prevention Delegates:

(a) In the work centers of up to 30 workers in which there is a Staff Delegate, the latter will assume the status of a Delegate of Prevention.

b) In the workplace with a number of workers comprised between 31 and 49 workers, the Staff Delegates will appoint a Prevention Delegate.

c) In workplaces with 50 or more workers, the Prevention Delegates will be designated according to the following scale:

50 to 500 workers: Three Delegates.

501 to 1,000 workers: Four Delegates.

1,001 to 2,000 workers: Five Delegates.

2,001 to 3,000 workers: Six Delegates.

3,001 to 4,000 workers: Seven Delegates.

4,001 workers going forward: Eight Delegates.

The Prevention Delegates will be appointed by the legal representatives of the workers among the staff.

The Prevention Delegates will be able to use union hours for the development of their activity as such. Where the Staff Delegates or the Business Committee appoint as the Prevention Delegates to employees of the workforce without union representation, their decision shall, at the same time, result in the transfer of the trade union hours necessary for such workers can develop their function.

2.1 Powers and Powers of the Prevention Delegates.

As for the competencies and powers of the Prevention Delegates, as well as everything related to guarantees and professional secrecy, the provisions of Articles 36 and 37 of the Law on the Prevention of Labor Risks will be included.

For all purposes, it shall be considered in any event as effective working time, without imputation to the guaranteed time credit, the corresponding to:

The meetings of the Committee on Safety and Health.

Any other calls by the employer in the field of risk prevention.

To accompany the prevention technicians and the Inspectors of Labor and Social Security, in the visits they carry out.

The intended to be personified in the place of the facts when there is damage to the health of the workers.

The time spent on training the Prevention Delegates.

3. Committee on Safety and Health.

The Committee on Safety and Health is the joint and collegiate body of participation for the regular and regular consultation of the company's actions in the field of risk prevention.

A Safety and Health Committee shall be established in all companies or workplaces with 50 or more workers.

The Committee shall be composed of the Delegates of Prevention, of one party, and of the businessman and/or their representatives in number equal to that of the Delegates of Prevention, of the other.

In the meetings of the Committee on Safety and Health, the Trade Union Delegates and the technical officers of prevention in the company who are not included in the composition referred to in the report will participate, with a voice but without a vote. Previous paragraph. Under the same conditions, employees of the undertaking who have a special qualification or information regarding the specific issues to be discussed in this body and technicians in prevention from outside the company may participate, provided that so request any of the representations in the Committee.

The Company's management will provide the necessary means for the normal functioning of the Safety and Health Committee.

The Safety and Health Committee shall meet with the periodicity that its operating rules determine, not being able to be lower than the quarterly, and whenever any of the representations in it request it.

Companies that have several work centers with a Health and Safety Committee can agree with their workers to set up an Inter-Center Committee with the functions that the agreement gives to them.

As regards the powers and powers of the Committee, the provisions of Article 39 of the Law on the Prevention of Occupational Risks will apply.

4. Prevention planning.

In order to comply with the general principle of prevention, and without prejudice to the provisions of Law 31/1995, of the Prevention of Labor Risks, and other clauses of this Convention, both parties agree that The planning of prevention will be addressed in its scope, proceeding as follows:

4.1 A general prevention plan will be developed with the following contents: Organization of prevention: dedicated resources, location in the organization of the company and general principles that inform prevention in it.

Implementing rules for the supervision and maintenance of work equipment and facilities, as well as working methods and risk assessment.

Safety and prevention systems and emergency plan in the event of a serious accident.

4.2 The company will draw up a risk map, based on its assessment, to enable it to be aware of the situation of the various workplaces in the workplace with regard to the level of risks in the workplace, which can be used as a basis for taking the corrective measures necessary for its reduction. The risk assessment at each work place shall be reviewed whenever modifications are made that may alter the levels of the different risk factors that may exist, and the risk map shall be reviewed accordingly.

4.3 An annual prevention plan containing the corrective measures to be addressed during the year will be developed in the light of the needs identified with the risk map. The plan will be submitted to workers ' consultation on the terms set out in the Labor Risk Prevention Act.

5. Training in the field of prevention.

5.1 Of the workers:

Before being assigned to a job, the worker will receive a theoretical and practical training, sufficient and adequate, in preventive matters.

Training should be focused specifically on the job or role of each worker, adapting to the evolution of risks and the emergence of new ones and repeating periodically, if necessary.

The required training must be the same, whether it is fixed, temporary workers or those made available by a temporary or integrated work company, even if in the latter two cases the responsibility for the training the performance of the training obligations will be borne by the temporary work enterprises and contractors, respectively.

Only workers who have received sufficient and adequate information will be able to be assigned to serious and specific risk jobs.

Training must be provided, wherever possible, within the working day or, failing that, in other hours, but with the discount on that time spent on it.

Their cost will not fall on the workers in any case.

5.2 Of Prevention Delegates:

The Prevention Delegates will access the training that is necessary for the exercise of their functions.

The training plan of the Prevention Delegates will be agreed within the Committee on Safety and Health, which will have at least sixteen hours each year, to attend courses on risk prevention. (a) work imparted by competent public or private bodies in the field, and assistance should be provided to them.

The training will be facilitated by the entrepreneur by his or her own means or by concert with specialized agency or entities in the field.

6. Consultation of workers.

The employer must consult the employees ' representatives, or the employees when they do not have representatives, in good time, the adoption of the decisions relating to:

(a) The planning and organization of work in the company and the introduction of new technologies, in everything related to the consequences that these could have for the safety and health of workers, derived of the choice of the equipment, the determination and the adequacy of the working conditions and the impact of the environmental factors in the work.

(b) The organisation and development of health protection activities and the prevention of occupational risks within the undertaking, including the designation of workers in charge of such activities or the use of a external prevention service.

c) The designation of workers in charge of emergency measures.

d) The project and the organization of training in preventive matters.

e) Any other action that may have substantial effects on the safety and health of workers.

7. Maternity protection.

Workers in a situation of pregnancy or recent birth will have the right to perform a different job or function and compatible with their state when working conditions, agents or procedures can influence negatively in their health, that of the fetus or breast-feeding. The change of job or function, prior to the certificate of the doctor or optional Social Security, to be justified, shall be carried out, if possible, in accordance with the rules applied in the case of functional mobility and it will have effects until the worker's health allows her to be reinstated to the post or previous function.

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

All in the terms set out in Article 26 of the Law on the Prevention of Labor Risks.

8. Protection of minors.

Before joining the work of young people under the age of eighteen, and in advance of any major change in their working conditions, the employer will have to carry out an assessment of the job (a) to carry out their duties, taking particular account of the specific risks to the safety, health and development of young people.

In any event, the employer shall inform such young persons and their parents or guardians who have intervened in the procurement, of the possible risks and of all the measures taken to protect their safety and health.

9. Protection of workers particularly sensitive to certain risks.

The protection of workers who, by their own personal characteristics or known biological status, including those who have a recognised physical, mental or physical disability status, shall be guaranteed sensorial, are particularly sensitive to the risks arising from the work.

Workers shall not be employed in those jobs where, because of their personal characteristics, biological status or due to their physical, mental or sensory disabilities, they may or may not be employed. other persons present in the workplace be in danger or, in general, when they are manifestly in a state or a transitional situation which do not meet the psycho-physical requirements of the respective posts of work.

The risk factors that may have an impact on the role of workers ' procreation, in particular by exposure to physical, chemical and biological agents, should be taken into account in the assessments. they may have mutagenic or toxicity effects for procreation, both in terms of fertility and in the development of offspring, in order to take the necessary preventive measures.

10. Protection of workers with a fixed-term contract of temporary employment and contract workers.

Workers with fixed-term employment relationships, as well as those hired by temporary work and contract workers, should enjoy the same level of protection in terms of safety and health as remaining employees of the company in which they provide their services.

The company shall take the necessary measures to ensure that, prior to the commencement of its business, the workers referred to in the previous paragraph receive information about the risks to which they are to be employed. (a) the requirement for special medical checks or the existence of specific risks of the job to be covered, as well as the protection and prevention measures against them.

Such workers will in any case receive sufficient and adequate training for the job characteristics to be covered, taking into account their qualifications and professional experience and the risks to which they will be exposed.

The workers referred to in this paragraph shall be entitled to the supervision of their health, in accordance with the terms laid down in Article 22 of the Law on the Prevention of Occupational Risks.

In the case of workers in temporary work companies, the user undertaking must inform the temporary work company, and it is the workers concerned, prior to their membership, about the characteristics of the company. The European Commission has also been able to make a contribution to this.

Temporary work companies and contractors shall be responsible for the fulfilment of the health training and surveillance obligations set out in the preceding paragraphs.

The user undertaking must inform the employees ' representatives in the same way of the employee's membership made available by the temporary work company. Such workers may be directed to these representatives in the exercise of their rights.

Article 57. Environment.

The parties to this Convention consider it necessary for companies to act in a responsible and environmentally friendly manner, paying great attention to their defence and protection, in accordance with the interests and Society's concerns.

For these purposes, the whole of the Perfumery and the Aends sector must adopt a permanent, responsible and visible attitude in the field of the environment and, at the same time, make the effort that the industry is developing in this field and in the future, as well as its results, are well known and properly valued by the relevant society and administrations.

It is considered essential for these purposes to carry out activities aimed at achieving the following objectives:

To promote and achieve a responsible performance of companies in the field of the environment, concreting the measures to be adopted.

To establish qualitative and quantitative targets for improvement, in order to make visible, in respect of them, the progress that is achieved.

Demonstrate to society the responsible behavior of companies, individually and collectively, through the use of techniques of good environmental management and the communication of the results obtained.

Improve the credibility of the industry and increase the trust of society and public administrations through concrete demonstrations and events.

All this must be the subject of permanent and shared concern, both from the company's management and from the workers ' representatives.

CHAPTER XI

Care regimen

Article 58. Economate.

The companies affected by this Convention occupying more than 500 workers in the same locality will be obliged to maintain a labour economy in accordance with the provisions of the Decree of 21 March 1958; the Order of June 12, 1958, which develops it; Royal Decree 1883/1978 of 26 July 1978 and Royal Decree 762/1979 of 4 April 1979 updating the provisions in force concerning labour costs.

Companies that are not obliged to maintain labour costs, in accordance with the provisions of the preceding paragraph, must attempt to group together with others of the same population, to constitute a collective one, or, alternatively, to request the incorporation of their workers to other legally established, legally established, consumer or cooperative economies.

Article 59. Business canteens.

As for dining rooms for staff, companies will agree with workers ' representatives, where appropriate, the regime to be adjusted in compliance with the existing provisions on dining rooms for staff.

The canteens, in those companies that are obliged to facilitate such a service according to the legal provisions in force, will have to gather sufficient conditions of habitability, sanitation, ventilation, hygiene, as well as offer sufficient accommodation for workers using such a service on each shift.

The company will also provide this service with the material and human resources, as well as the tools and equipment necessary for its proper functioning.

Article 60. Working garments.

The companies will provide free compulsory, to the staff who, for their work, need the following items of work:

Technicians: Two gowns a year.

Workers ' personnel: Two monkeys or divers a year.

In industries that manufacture or manipulate acids or other corrosive materials, the appropriate quantity and quality allocation, to be provided to the workers, will be determined jointly with the workers ' representatives. members of the various professional groups, for their best protection, in the face of these agents.

In addition, it will be mandatory for companies to provide waterproof clothing and footwear to staff who have to carry out continuous work in the open, in frequent rain, and to those who have to act in places notably framed or muddy.

CHAPTER XII

Trade union rights

Article 61. Of the workers ' representatives.

Workers 'representatives shall be understood to be the Company's or Personnel's Delegates' Committees and the Trade Union Trade Union Trade Union Delegates, who shall have the powers, rights and obligations set forth in this Agreement. the same by the Organic Law of Freedom of Association, Workers ' Statute and the Collective Convention itself.

Article 62. Union action.

A) From the trade unions:

The signatory parties, by these stipulations, once again ratify their status as valid interlocutors, and are also recognized as such, in order to implement through their organizations labor relations. They are based on mutual respect and are designed to facilitate the resolution of all conflicts and problems that arise from our social dynamics.

Trade unions are basic and consumable elements in order to face through them the necessary relations between the workers and the management of companies. All this without demerit of the privileges conferred by the Law and developed in the present agreements to the Committees of Company and Delegates of Personnel. The provisions of the Collective Agreements, the individual agreements and the unilateral decisions of the Directorate of the Enterprise containing or involving any discrimination in employment shall be null and void, without effect, in terms of working conditions, whether or not they are favourable or adverse, by reason of accession or not to a trade union, to their agreements or to the exercise in general of trade union activities.

B) From union action:

1. Workers affiliated to a trade union may, in the field of the enterprise or the workplace:

a) Constituting trade union sections, in accordance with the provisions of the Statutes of the Union.

b) Hold meetings, after notification to the company's management, collect fees and distribute union information, outside of the working hours and without disturbing the normal business activity.

c) Receive the information sent to you by your union.

2. Trade union sections of the most representative trade unions and of those with representation in the Enterprise Committee or with Staff Delegates shall have the following rights:

(a) In order to facilitate the dissemination of those notices which may be of interest to trade union members and workers in general, the company shall make available to it a notice board to be placed in the working centre and where adequate access for workers to the workplace is ensured.

b) To collective bargaining in the terms set out in its specific legislation.

(c) The use of an appropriate premises in which they can carry out their activities in those companies or workplaces with more than 100 employees.

d) To use union hours by the Directorate of the trade union section for the development of their activity, provided that they are transferred to them by Delegates of Personnel or members of the Business Committee, and having in the account is established in Article 64.B. 4 of this Convention.

C) Of the union charges:

1. Those who hold elective office at the provincial, regional or state level in the most representative trade union organizations will be entitled:

(a) The enjoyment of the unpaid leave necessary for the development of the trade union functions proper to his office, and the appropriate limitations to the enjoyment of such functions may be established by agreement on the basis of the needs of the production process.

(b) To the compulsory surplus, with the right to reserve the job, and to the calculation of seniority for the duration of the exercise of its representative office, having to return to its job within the month following the date of termination.

c) Help and access to job centers for

participate in activities of your union or of the workers ' group or in meetings of discussion or negotiation with the company's management, after communication to the company's management, duly accredited by their union and expressly mandated and without the exercise of this right being able to interrupt the normal development of the production process.

2. Union representatives who participate in the Collective Agreement Negotiating Commission or in the Joint Interpretive Commission of the Collective Agreement, maintaining their relationship as an active worker in any company, will be entitled to the granting of the paid leave which is necessary for the proper exercise of their work, provided that the undertaking is affected by this Convention.

D) Trade union quota:

At the request of the trade unions, the companies will discount on the monthly payroll of the workers, with written authorization of these, the amount of the corresponding union fee that will be entered into the current account that appoint the union.

The Company's management will submit a copy of the transfer to the union representation, if any.

E) Anti-union practices: When, in the opinion of one of the signatory parties, it was understood that, in accordance with the provisions of Articles 12 and 13 of the Organic Law on Freedom of Association, there are acts that could (a) the protection of the right to the competent jurisdiction may be sought through the process of judicial protection of the fundamental rights of the person.

Article 63. Union delegates.

A) From the Trade Union Delegates:

In companies or, where appropriate, in the job centers that occupy more than 250 workers, whatever the class of their contract, the trade union sections that may be constituted by the workers affiliated to the unions with presence in the Works Councils will be represented to all the effects by the union delegates elected by and among its affiliates in the company or in the center of work.

The number of union delegates per union section of the trade unions that have obtained 10 per 100 of the votes in the election of the members of the Business Committee will be determined according to the following scale:

From 250 to 750 workers: One.

From 751 to 2,000 workers: Two.

From 2,001 to 5,000 workers: Three.

From 5,001 onwards: Four.

The trade union sections of those unions that have not obtained 10 percent of the votes in their election will be represented by a single union delegate.

In accordance with the provisions set out above, the legally constituted union shall communicate in writing to the Company's Directorate the person or persons who shall perform the duties of the trade union delegate.

B) Functions of the Trade Union Delegates:

1. Represent and defend the interests of the union to whom it represents and of the members of the union in the company, and serve as an instrument of communication between its central or union and the Directorate of the respective companies.

2. Attend the meetings of the Committees of Enterprise and the Committees on Safety and Health, with a voice and without a vote.

3. They shall have access to the same information and documentation as the company must make available to the Committee of Enterprise in accordance with the provisions of the Law, being obliged to keep professional secrecy in the matters in which they are legally proceed. They will hold the same guarantees and rights as recognized by the Law, Collective Agreements, etc., to the Committees of Enterprise.

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

5. They shall also be informed or heard by the undertaking on the basis of:

a) About layoffs and penalties affecting union members.

(b) In the case of the restructuring of staff, employment regulations, the transfer of workers when they are a collective magazine or the general working centre, and in particular any project or business action which may affect substantially to the interests of the workers.

c) The implementation or review of work organization systems and any possible consequences.

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

7. The Delegates will have their tasks to perform the trade union functions that are their own.

8. The union delegate, for the purposes of the accumulation of trade union hours, will be considered as a member of the Committee of Enterprise. In this respect, it shall only be entitled to accumulate such hours in those members of the Enterprise Committee belonging to its same trade union centre.

9. The companies will make known to the union delegates and the members of the Enterprise Committee the TC-1 and TC-2.

Article 64. Works Committees.

A) Functions:

Without prejudice to the rights and powers granted by the Laws, the Business Committees are recognized as follows:

1. To be informed by the Company Address:

a) Quarterly on the general evolution of the economic sector to which the company belongs, on the evolution of the business and the situation of the production and sale of the entity, on its production and evolution program The likely employment in the company.

b) Annually know and have at your disposal the balance sheet, income statement, memory and, in case the company reviews the form of company by shares or units, of how many documents are made known to the members.

c) Prior to their execution by the company, on the restructurings of staff, total or partial closures, definitive or temporary and the reductions in day, on the total or partial transfer of the facilities The company's business training plans and plans for the company's professional training.

d) Depending on the subject matter:

On the implementation or revision of systems of work organization and any of its possible consequences, studies of times, establishments of systems of premiums or incentives and valuation of jobs.

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

The Company's management will provide the Company's Business Committee with the model or models of contract of employment that it habitually uses, the Committee being legitimized to make the appropriate claims to the company and, if necessary, the competent labour authority.

On sanctions imposed for very serious misconduct and, in particular, on dismissal.

Regarding statistics on the rate of absenteeism and their causes, accidents at work and occupational diseases and their consequences, the rates of accidents, the movement of cessation and income and promotions.

2. Carry out surveillance work on the following subjects:

(a) Compliance with the rules in force in the field of work and social security, as well as the respect of the agreements, conditions or uses of the company in force, making, where appropriate, the appropriate legal actions before the company and the competent bodies or courts.

b) The quality of teaching and the effectiveness of teaching in the training and training centers of the company.

c) The conditions of safety and hygiene in the development of work in the company.

3. To participate, as a regulation is determined, in the management of social works established in the company for the benefit of the workers or their family members.

4. Collaborate with the company's management to achieve the fulfillment of how many measures are maintained and the increase in productivity in the company.

5. The Committee on Enterprise is recognised as a body to be a collegiate body for the exercise of administrative or judicial proceedings in all matters relating to its jurisdiction.

6. The members of the Enterprise Committee, as a whole, shall observe professional secrecy as regards paragraphs A. 1.a) and (c) of this Article, even after they cease to belong to the Committee of Enterprise, and in particular in all areas of on which the Directorate expressly points out the reserved character.

7. The Committee will not only ensure that in the selection of staff the agreed rules are complied with, but also for the principles of non-discrimination, gender equality and the promotion of a rational employment policy.

B) Guarantees:

1. No member of the Staff Committee or Staff Delegate may be dismissed or punished during the performance of his duties or within the year following his or her termination, unless the latter occurs by revocation or resignation, and provided that the dismissal or sanction is based on the action of the worker in the legal exercise of his representation. If the dismissal or any other penalty for alleged serious or very serious misconduct is to be followed by other causes, the contradictory file shall be dealt with, in addition to the person concerned, the Business Committee or other Staff Delegates and the delegate of the union to which he belongs, in the event that he is recognised as such in the company. In the case of dismissal of legal representatives of the employees, the option will always be the same, the readmission being obliged if the worker opts for it.

They will have priority of staying in the company or work center, with respect to other workers, in the cases of suspension or extinction due to technological or economic causes.

2. They may not be discriminated against in their economic or professional promotion because of the performance of their representation.

3. They may exercise the freedom of expression within the company, in the matters of their representation, being able to publish or distribute, without disturbing the normal development of the production process, those publications of work interest. or social, communicating all of this in advance to the company and exercising such tasks in accordance with the current regulations.

4. They shall have the credit of paid monthly hours that the Law determines.

We shall establish at the level of company covenants or systems of accumulation of hours of the various members of the Committee and Delegates of Personnel, in one or more of its components, without exceeding the total maximum that determines the Law, being able to be relieved or relieved of the work without prejudice to his remuneration.

5. Without exceeding the legal maximum, the paid hours available to the members of the Staff Committees or Delegates may be consumed in order to provide for the assistance of the members to training courses organised by their trade unions, training or other entities.

Article 65. Procedure for the participation of workers ' representatives in the implementation of the Convention.

In the text of the Convention and in each of its articles, the intervention to be carried out by the workers ' representatives is indicated in order to comply with it.

For the purpose of facilitating the correct application of the Convention, it follows, in a schematic way, the aspects of this Convention which require the intervention of workers ' representatives, In addition, as regards these interventions and their modalities, they are specifically provided for in each of the articles of the same. In each of these cases the company will make pre-delivery to the representatives of the workers of the precise documentation to address them, working at the end of their discussion the corresponding record.

1. With annual periodicity.

a) As a priority in time, once the increment is fixed to apply:

Gross wage mass and distribution of the same: Article 31.I and III.

Application of the salary increases of each year: Article 31.II and III.

Professional classification: Articles 16 and 17.

b) In the last quarter of the year, unless the company has agreed another time of year:

Templates: Articles 12 and 22.

Ordination of the Day: Article 37.

Labor Calendar: Article 37.

Overtime Analysis: Article 38.

Annual Job Risk Prevention Plan: Article 56, 4.1.

Information and monitoring of the economic and industrial situation of the company: Article 64, A. 1.b).

2. Under the particular circumstances of each case:

Hiring: Article 12.

Implementation of a new system of organization of work: Article 10.

Introduction of new technologies: Article 11.

System of assessment of the competition-opposition and its concrete application: Articles 21.2 and 64.A. 7.

Amortization of vacancies: Article 22.

Modification of incentive systems: Article 36.

Monthly Extra Hours Tracking: Article 38.

Notification of sanctions: Articles 53 and 63.B. 5.a).

Quarterly economic information and other employment information as outlined in Article 64 of the Workers ' Statute and the Convention: Articles 63 and 64.

Individual training plans and permissions: Article 68.

Article 66. Discussion at intercentres and industrial groups.

For issues affecting more than one work centre the interlocution of the intercentre companies will be carried out with the intercentres union sections and the intercentres union delegates, if any.

Article 67. European trade union committees.

The trade union and employers ' organizations that are signatories to this Convention, by themselves and through their organizations and/or represented in the corresponding companies and/or job centers, will urge the creation of In the light of the circumstances provided for in Directive 94 /45/EEC of 22 September 1994, which is incorporated into our legal order by Law 10/1997 of 24 April 1994.

CHAPTER XIII

Training

Article 68. Training.

Professional training is a right for all workers:

1. Training activities in companies: Companies will be able to organise training and training courses for staff free of charge, with the aim of professional promotion and training. They will also be able to organise specific vocational training programmes for working women and retraining for technicians.

It will be constituted within the companies, where the legal representatives of the workers will demand it and with the credit of trade union hours, a Joint Commission of formation, whose members will be appointed by and between the legal representatives of the staff and the company. This Commission will receive information from the training plans prepared in the company, propose its own initiatives and follow its development and evaluation. It will ensure that specific programmes are promoted which facilitate the professional development of the least qualified workers and enable women to access levels of responsibility where they are less represented.

The Company's management will inform the employees ' representatives about the planned annual training plans in relation to the company's objectives.

In another order of things, plans submitted to the National Continuing Training Agreement or other forms of institutional grant shall be submitted by agreement, or if not, accompanied by minutes reflecting the position of the the reasons for each party's reasons. If, within a period of 15 days, which have been counted since the undertaking has given the legal representatives of the employees the training plan, the abovementioned representatives have not reflected their position of reasoned disagreement, understand that they agree with the plan presented.

2. A Joint Sectoral Training Commission is set up, consisting of a minimum of four representatives of the trade union signatories to the Convention and a minimum of four representatives of STANPA, which will have the aim of drawing up vocational training aimed at adapting workers ' professional knowledge to new technologies and facilitating vocational training.

It will be functions of this Sectoral Joint Commission:

(a) To carry out, on its own or through specialized entities, studies of a projective nature with respect to the needs of labor in the sector of Perfumery and Aends and their corresponding qualifications.

b) Propose and implement training actions in their various modalities and levels, either with programmes that can be shared in the enterprise training centres or those that may be set up in the future, such as through the national or international programmes developed by competent bodies.

c) To collaborate, according to the possibilities themselves or through specialized entities, in the diagnosis and design of specific training programs in the companies at the request of the companies, taking into account the specifications and specific needs, as well as the generic or individual characteristics of the workers concerned.

d) Coordinate and follow the development of training courses for students who are received by companies within the framework of agreements signed at sectoral level or by companies with the corresponding educational authority.

(e) The parties undertake to promote an agreement with each other and with the Ministry of Education in order to make it possible under the best conditions for the access of vocational training students to practices governed by the companies.

(f) This Commission shall perform the tasks which the Second National Agreement on Continuing Training assigns in Article 18 to the Sectoral Joint Committees.

g) To assess, on a continuous basis, all the actions undertaken to review the guidelines, promote new activities and update the definition of the objectives of vocational training.

3. Accession to the Second National Agreement on Continuing Training: The undersigned organizations of this Convention are expressly and fully adhering to the contents of the Second National Agreement on Continuing Training (ANFC) dated 19 December 1996, in the functional and territorial areas of the Convention as the best way to organise and manage training actions to be promoted in the sector.

Under the provisions of Article 83.2 of the Staff Regulations, in conjunction with the first paragraph of Article 84 of the same legal text, and in the cases of concurrency of the provisions of this Convention in The development of the second ANFC with other collective contractual instruments (agreements, agreements or covenants) of different scope that are in force or can be negotiated in the future, will be resolved by recognizing this application preference during its term.

4. Individual training permits: Workers affected by this Convention may apply for individual training permits in accordance with the terms of Article 13 of the Second National Agreement on Continuing Training. remains in force and, in any case, with the following requirements:

(a) The purpose of the permit shall be a training action aimed at the development and adaptation of the professional technical qualifications of the worker and not included in an enterprise or grouped training plan. It must be recognised by an official qualification and be of an in-person nature.

(b) The applicant shall have an age of at least one year in the undertaking and submit the relevant application to the undertaking at least three months before the start of the training.

c) Its duration may not exceed two hundred hours.

d) The company's management may refuse to grant permission only in case of serious productive or organizational reasons, which must be credited to the employees ' representatives. The number of people who enjoy it at the same time may never be higher, unless otherwise agreed, to:

One, in companies of 10 or fewer workers.

Two, in 11 to 50.

Five, in the 51 to 100.

Ten, from 101 to 250.

Twenty, in those of 251 to 500.

Forty, in the 501 to 1,500.

Eighty, in those of more than 1,500.

e) This permit will have the remuneration recognized by the Foundation for Continuing Training.

CHAPTER XIV

Physical Decreases

Article 69. Physical decreases.

1. The companies will engage their staff with diminished capacity that has their origin in some professional illness, accident of work or natural physical wear, as a consequence of a long life in the service of the company, directing to work appropriate to their conditions. In cases of physical decline for other reasons, the company will seek the best coupling of the worker within its possibilities.

2. To be placed in this situation, preference will be given to workers who receive benefits or pensions lower than the current minimum interprofessional wage.

3. The order for the benefit set out in the preceding paragraph shall be determined by seniority in the undertaking or, in the case of equality, by the greatest number of children under age or unfit for work.

4. The remuneration to be paid by this staff shall be that corresponding to your new job.

Likewise, and in a manner compatible with the legal provisions in force, companies will be obliged to provide the places of subaltern, with those of their workers who, by physical defect, illness or advanced age, cannot continue to perform their trade with normal performance, and provided that they do not have a pension for their support.

CHAPTER XV

Shift work

Article 70. He worked in shifts.

It is understood by continuous process, that of the work that, due to technical or organizational needs, takes place twenty-four hours of the day, during the three hundred and sixty five days of the year, although it will eventually stop for repairs, maintenance or any other reason other than workers.

It is understood by closed shift, the one in which the work takes place during the twenty-four hours of the day, from Monday to Friday, resting Saturdays, Sundays and holidays.

The worker who occupies a job in the above mentioned above, unless he or she is unable to express, must communicate in advance, any incident (absence, delay, etc.) affecting the relay system of his/her post. and, failing that, confirm this as soon as possible, even if you have started the appropriate day. In the event that the absence of the relay is known to the company twenty-four hours in advance, the company will be obliged to replace the outgoing one at the end of its day. The companies, for these purposes, will adjust the modification of the schedules (quadrants) of the workers concerned. The modification that produces such substitution will be the indispensable in time and change of quadrants.

When no substitute is found, in the absence of an unforeseen absence, the worker may be required to remain in the position of the worker to be relieved of the four-hour limit.

For the payment of the corresponding plusses, the provisions of Article 35 of this Convention shall be provided.

CHAPTER XVI

Mixed Committee

Article 71. Joint Commission.

Both negotiating parties agree to establish a Joint Commission as a body for the interpretation, reconciliation and monitoring of collective compliance with this Convention.

Article 72. Composition.

the Joint Committee is composed of a maximum of six representatives of the workers and six representatives of the businessmen, who, among them, will elect one or two Secretaries.

This Commission will be able to use the occasional or permanent services of advisers, in all matters within its competence. Such advisers shall be freely appointed by each of the parties.

Article 73. Structure.

The Joint Committee that is agreed will be central to the entire country. In accordance with the nature of the cases submitted to it, the Central Joint Committee may delegate to the decentralised Joint Committees which, if appropriate, may be constituted preferably in the Autonomous Communities with sufficient implementation. industry and trade union and sectoral employers.

However, when the issues to be dealt with in the interpretation of the agreement, the Central Joint Commission will only be competent.

Article 74. Procedure.

The matters submitted to the Joint Committee shall be of an ordinary or extraordinary nature. They will award such a rating: STANPA, FIA-UGT or FITEQA-CC.OO.

In the first case, the Joint Commission will have to resolve within thirty days, and in the second, within the maximum of 15 days.

The Joint Commission will proceed to convene the Joint Committee without any other party.

Over the course of the three months following the entry into force of this Collective Agreement, and in accordance with the requirements regarding difficulties and schedule of action that the diverse territorial structure of FITEQA-CC.OO., FIA-UGT and STANPA shall be the decentralised Commissions referred to in the previous Article to which the procedure laid down in the preceding paragraphs shall apply in order to their operation.

Article 75 Functions.

The following are specific functions of the Joint Commission:

1. Interpretation of the Convention.

2. At the request of the parties, it shall mediate, reconcile or arbitrate in the treatment and settlement of any collective questions and conflicts of a collective nature that may arise within the scope of this Collective Agreement, taking into account, in any event, as provided for in the following chapter on competences and procedures.

The Joint Committee shall only understand the consultations which, on the interpretation of the Convention, mediation, conciliation and arbitration, individual or collective, are submitted to it, through one of the signatory organizations.

When these functions relate to company agreements, it will be a prerequisite for them to refer previously to the Joint Commission.

3. Monitoring of the collective compliance of the agreed upon.

4. To understand, in a prior and compulsory manner, the administrative and judicial route, on the interposition of collective conflicts arising in the companies affected by this Convention by the application or interpretation thereof.

5. The Joint Committee shall be provided with regular reports by the signatory parties to this Convention, and any other reports which may accede to it, of the following wording:

5.1 Analysis of the economic-social situation with specification of the subjects related to employment policy and market, vocational training, investment, technological conversion, global levels of sales and foreign market, level of productivity, competitiveness and profitability of the sector, etc., as well as immediate and medium-term forecasts developed by STANPA on an annual basis.

5.2 Report on the degree of application of the Collective Agreement, difficulties encountered at the company level and proposals to overcome them. It will be prepared by the trade union and STANPA with annual periodicity.

5.3 Be informed of the work, suggestions and studies carried out by the Committee on Safety and Health.

5.4 Analysis of employment trends on a quarterly basis, in the sector affected by the Convention.

CHAPTER XVII

Voluntary collective conflict solution procedure

Article 76. Territorial and temporal scope.

1. This Agreement shall apply throughout the national territory and its provisions apply to all undertakings and workers bound by this Convention.

2. The pacts referred to in this Chapter shall be valid for the present Convention as a whole. However, the parties to the agreement undertake to maintain those in the Conventions which, where appropriate, will happen as long as the agreement on the out-of-court settlement of labour disputes (ASEC), signed on 25 March, continues to be in force. January 1996, or any of its possible extensions.

Article 77. Object.

1. This agreement regulates the procedures for the solution of collective labour conflicts between employers and workers or their respective representative organizations of the Perfumery and Finnish Industry.

2. The following are left out of this agreement:

The conflicts that are about Social Security.

The conflicts in which the State, Autonomous Communities, Local Entities or self-governing bodies are dependent on them, as referred to in Article 69 of the recast text of the Law of Labor Procedure (hereafter, LPL).

Article 78. Labour disputes.

1. The following types of labour disputes will be subject to the procedures laid down in this chapter:

(a) The collective conflicts of interpretation and application defined in accordance with Article 151 of the LPL.

b) Conflicts caused by discrepancies arising during the negotiation or implementation of a Collective Agreement or other collective agreement or pact.

(c) The conflicts that result in the call for a strike or are raised about the determination of the security and maintenance services in the event of a strike.

d) Conflicts arising from discrepancies arising in the period of consultation required by Articles 40, 41, 47 and 51 of the Staff Regulations.

2. This agreement does not include the solution of individual conflicts, unless it affects collective interests.

Article 79. Mediation and arbitration services.

A Joint Committee on Mediation and Arbitration, which will assume the specific mediation and arbitration functions contained in the ASEC, will be created within the Central Joint Commission, and will only host the mediation and arbitration demands. the arbitration that is derived from the agreement of this Convention and the ASEC. It shall be made up of equal parts by the trade union and business organisations of this Convention.

The Joint Committee will draw up a list of mediators and arbitrators that will provide the complainants with their services. This list shall be composed of the names given in equal numbers by the parties to the Convention. The designation of the mediator or mediators, as well as of the arbitrator or arbitrators from the list, shall be the responsibility of the parties entitled to a conflict. In the absence of a designation, it may be carried out by the Joint Committee.

Article 80. Dispute settlement procedure.

The procedures for solving collective conflicts are:

(a) The prior and mandatory intervention of the Joint Committee of the Convention, in the conflicts arising from the interpretation and application of the Convention. The Joint Committee or the Joint Committee on Mediation and Arbitration may act in mediation at the request of any of the parties and/or arbitration by agreement of the parties to the dispute.

b) Mediation.

c) Arbitration.

Article 81. Guiding principles of the procedures.

The procedures set out in the previous article will be governed by the principles of gratuitousness, rapidity, procedural equality, hearing of the parties, contradiction and impartiality, respecting in any case the legislation in force and the constitutional principles.

Article 82. Effectiveness of the solutions achieved.

The agreements that the Joint Committee may reach in the mediation and arbitration procedures to be submitted to them shall have general effectiveness or in relation to third parties within the functional, personal and territorial scope of the present Convention.

Article 83. Mediation procedure.

1. The mediation procedure shall be compulsory at the request of one of the legitimate parties.

The mediation procedure will not be subject to any pre-established processing, except the appointment of the mediator (individual or collegiate) or the proposal of one of the parties to promote mediation and formalisation of the agreement of agreement which, if appropriate, is reached.

In the cases referred to in Article 78.2 of the Convention, the mutual agreement of the parties legitimized for mediation will be mandatory.

2. Mediation will be required as a pre-procedural requirement for the interposition of a claim for collective conflict before the labor jurisdiction by any of the legitimized parties.

In disputes concerning the interpretation and application of the Convention and affect general interests, the parties may agree jointly to submit voluntarily to the arbitration procedure governed by the next, without the need to go to the mediation process.

3. Also, before the formal notice of the call for strike, the mediation procedure must be exhausted. Between the request for mediation and the formal communication of the strike, at least seventy-two hours must elapse. Voluntary and joint submission of the parties to the arbitration procedure shall be possible.

4. In the cases provided for in Articles 40, 41, 47 and 51 of the recast of the Law on the Workers ' Statute, and in order to resolve any discrepancies which might have arisen during the consultation period, the procedure for mediation if requested by at least one of the parties.

5. The party or parties calling for mediation shall record the existing divergences, by proposing to the Joint Committee their mediation or by appointing a mediator and pointing out the questions on which they will function. The parties, by mutual agreement, may delegate the appointment of the mediator or mediators to the Joint Committee.

6. The parties shall refrain from taking any other measure aimed at resolving the conflict, and during their processing. The initiation of the procedure shall prevent the calling of strikes and the adoption of measures of lockout, as well as the exercise of judicial or administrative actions for the purpose or cause of the mediation.

7. Proposals for a solution offered by the mediator or mediators to the parties may be freely accepted or rejected by them.

In the event of acceptance, the agreement reached in agreement shall have the same effectiveness as that agreed in the Collective Agreement, as well as for the effects provided for in Article 68 of the LPL. Such an agreement shall be formalised in writing, and shall be submitted to the competent labour authority for the purposes laid down in Article 90 of the Staff Regulations.

In the event of failure to reach agreement, the mediator or mediators will be limited to the lifting of the minutes, including the lack of agreement and the reasons given by each party.

8. The mediation procedure developed in accordance with this Article replaces the mandatory conciliation procedure provided for in Article 154.1 of the LPL, within its scope and for the conflicts to which it relates.

9. The Central Joint Committee shall specify the interrelation of these mediation and/or arbitration functions with the mediation and arbitration bodies and procedures of the Autonomous Communities.

Article 84. Arbitration procedure.

1. By means of the arbitration procedure, the parties to the dispute voluntarily agree to entrust a third party and to accept in advance the solution that the dispute has given to it.

2. The arbitration procedure shall be possible only if the two parties so request, and shall be promoted through a written request addressed to the Joint Committee, at least the following points:

Name of the appointed arbitrator or arbitrators or the decision to delegate to the Joint Committee the appointment of the arbitrator (s).

Commitment of acceptance of the arbitration decision.

Domicile of the affected parties.

Date and signature of the parties.

A copy of the arbitration commitment shall be sent to the Secretariat of the Joint Committee, as well as to the competent labour authority, for the purposes of constancy and subsequent publicity of the award.

3. The appointment of the arbitrator or arbitrators shall be free and shall be subject to impartial experts. The appointment will be carried out in the same way as the one indicated for the mediators in the previous article.

4. Once the arbitration commitment has been formalised, the parties shall refrain from calling for further proceedings on any matter or issues submitted to arbitration, as well as for the use of the strike or lockout.

5. The arbitration procedure shall be characterised by the principles of contradiction and equality between the parties. The arbitrator or arbitrators may request the assistance of experts, if necessary.

6. The arbitrator or arbitrators, who shall always act jointly, shall communicate to the parties the decision taken within the time limit laid down in the arbitration undertaking, and shall also notify the Secretariat of the Joint Committee and the employment authority. competent. If the parties do not agree to a deadline for the award, the award shall be issued within a maximum of 10 working days from the appointment of the arbitrator or arbitrators. Exceptionally, in the light of the difficulties of the conflict and its importance, the arbitrator may extend that period by means of a reasoned decision and, in any event, the award shall be made before the end of twenty-five working days.

7. The arbitration decision shall be binding and immediately enforceable and shall give a reasoned decision on any and all issues set out in the arbitration agreement.

8. The arbitral award shall have the same effectiveness as that agreed in the Collective Agreement, provided that the legally established requirements for legitimation are given. In such a case, it shall be the subject of deposit, registration and publication in the terms laid down in Article 90 of the Staff Regulations.

9. The arbitration ruling excludes any other procedure, demand for collective conflict or strike on the resolved matter and on the basis of its effectiveness.

10. The arbitral award may be made only within 30 days of its receipt, as provided for in Article 67.2 of the LPL, where the arbitrator or arbitrators have exceeded their powers by resolving matters outside the scope of the undertaking. (a) the arbitration panel has been in breach of the principles to be encouraged by the arbitration procedure, exceeding the time limit laid down in order to issue a resolution or is in contradiction with constitutional or legal rules.

11. The final judgment shall have the effect of a final judgment, in accordance with the seventh additional provision of the recast text of the Labour Procedure Act.

Article 85. Joint Committee on Mediation and Arbitration.

For the purposes of this Chapter, the Sectoral Joint Committee shall have the powers and powers already referred to and, in particular, the following:

a) Approve an Operating Regulation.

b) Set the list of mediators and referees.

(c) Encourage the use of these procedures as a means of concertation and a solution to the dialogue of labor conflicts.

d) Spread the content of what is here agreed between workers and companies.

e) To analyse the results of these procedures in the light of studies and reports prepared by the Committee Secretariat.

Additional disposition first. Agreements or pacts.

In any case, the agreements or agreements established or established between the companies and their respective Committees, Personnel or Workers ' Delegates, in respect of any subject covered by this Convention, shall be respected. under the principle of autonomy and freedom of the parties.

Additional provision second.

The undersigned organizations of this Convention assume the commitment to face the negotiations and seek their integration into the Convention of those stipulations that could be established in interconfederal agreements. for the duration of this Convention.

Additional provision third. Retroactive guarantee of wage increases.

Both the economic increases set at the beginning of the year and the hypothetical wage revision resulting from the deviation of the actual year's end-year CPI on which it has initially served as a benchmark, are retroactive to 1 January for all workers discharged during the duration of the Convention affected by it, and for the entire period in which each year they have been active in the undertaking, even if the determination of the percentages to be applied is carried out after the termination of its employment relationship.

Additional provision fourth. Assessment of the implementation of the Convention.

In the first quarter of the second year of validity of the Convention, the Central Joint Commission will take stock of the implementation of the Convention, through a survey to be carried out by the Joint Commission and which will be forwarded to all companies concerned.

This survey should consist of two bodies, one addressed to the company's management and the other to the workers ' representatives.

Additional provision fifth. Pension Fund.

A Joint Commission is set up by the signatories of the Convention to study, with the necessary technical support, the creation of a Sectoral Pension Fund.

Additional provision sixth. Working group on working women.

It is agreed to constitute a working group within the Joint Commission to analyze the possible inequalities that, by reason of sex, may occur in the sector.

Transitional disposition. Joint Commission for the rearrangement of wages.

A Joint Committee is being set up to produce a new wage structure in 1998, to be ratified by the Joint Committee of the Convention and which can enter into force on 1 January 1999. In December 1998, the Joint Committee of the Convention will take up the minutes by specifying the agreements reached, as well as the points of disagreement.

Final disposition.

The parties to this Convention acquire a commitment not to open new avenues of collective bargaining at a lower level and to make the necessary efforts to achieve a greater extension of the contract.

In this sense, they will lead by means of agreements of accession and articulation, the linkage to the sectoral agreement of the companies with own convention, particularly where the company is affiliated to STANPA and are represented the trade unions which are signatories to this Convention.