Having regard to the content of the Agreement on the Structure of Collective Bargaining for the Metal Sector, signed on 24 March 1998, by the Spanish Confederation of Business Organizations of Metal (CONFEMETAL), representing the companies in the sector, and the other, by the metal federations of the trade union central commissions (CC.OO.) and the General Workers ' Union (UGT), representing workers and in accordance with Article 83.3 in conjunction with Article 90 (2) and (3) thereof, of the Royal Decree of Law 1/1995 of 24 March, approving the recast text of the Law of the Workers ' Statute, and in Royal Decree 1040/1981, of 22 May, on the registration of the deposit of Collective Labour Conventions,

This Work General Address agrees:

First. -Order the registration of the said Agreement in the corresponding Register of this management center, with notification from the Negotiating Commission.

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

Madrid, April 28, 1998. -Director General, Soledad Cordova Garrido.

AGREEMENT ON STRUCTURE OF COLLECTIVE BARGAINING FOR THE METAL INDUSTRY

Reason exposure

Already in the first redactions of the Workers ' Statute (1980), in Article 83, provision was made for the possibility that trade unions and associations would be entitled to "by means of inter-branch agreements or collective agreements". (a) more representative, state or autonomous community employers may lay down the structure of collective bargaining, as well as set the rules to be used to resolve conflicts of competition between conventions of different fields and the principles of complementarity of the various procurement units, in the latter case, the matters which may not be the subject of negotiation in the lower field. " However, in spite of the years that have passed, the use of this precept has been rather scarce, but it is expected to be very satisfactory at the present time.

In line with the letter of the cited article, the trade union organizations and the most representative employers ' association of the Metal sector began the year 1997 negotiating a draft agreement whose purpose was the ordination of collective bargaining in the sector.

Both parties had, at the time of initiating the negotiating process of this agreement, an experience that had already made it possible to reach agreements on the following matters:

Constitution of a Permanent Bureau, occupied, on the one hand, of the establishment, mediation and advisory of the Mesas constituted in other areas of negotiation, mainly in the provincial and enterprise fields, and on the other hand, The Committee on the Rules of Procedure, the Committee on the Rules of Procedure, the Rules of Procedure, the Rules of Procedure, the Rules of Procedure, the Rules of Procedure and the Rules of Procedure.

Conclusion of the Framework Agreement on the Professional Classification System for Metal Industrial (1996).

Ratification of the Agreement on the Extractive Solution of Labor Conflicts and the simultaneous constitution of the Joint Commission of the Siderometalurgic Sector (1996).

And finally, the signing of the National Agreement on Continuing Training for the Metal Sector (1997).

Once the negotiating process of the Agreement to structure the collective bargaining of the Metal sector, CC.OO. and UGT, on one side, and CEOE and CESME, on the other, developed negotiations that culminated with the signing, between other instruments, of the Interconfederal Agreement on Collective Bargaining (NSAID), in which the preamble expresses the desire to contribute to the formation of a new system that exceeds the current one, by means of a structure that rationalizes the collective bargaining " within the respect of the principle of autonomy of the social parts representative in each field of negotiation, in order for them to adopt the decision that falls to them in relation to the structure currently in force in their branch of activity. "

With this object, and in the use of its collective autonomy, the parties to this Agreement cannot and do not want to act as if they were unaware of the existence of the NSAID, as a guiding instrument of their own rationalization system. of the structure of the collective bargaining of the Metal sector throughout the Spanish territory.

The Minerometalurgic Federation of CC.OO., the Federation Siderometalurgica of UGT and the Spanish Confederation of Business Organizations of Metal (CONFEETAL) aim to establish the most convenient articulation between the different areas of negotiation, so that certain subjects are reserved for sectoral collective bargaining, other negotiated in this area but open to their development in lower areas and, finally, others remain directly reserved for those lower areas.

Thus, these organizations intend to allow the negotiation of new Conventions in all areas of the sector, in order to homogenize and extend the basic norms and the procedures for action in the employment in all the companies and groups of workers belonging to the Metal sector.

All parties wish to promote an agile collective bargaining in all areas of the trading of the Metal sector. Therefore, with immediate effect on the entry into force of this Agreement on Structure, the Permanent Bureau shall initiate negotiations on matters of competence of the state level, in order to be agreed between the parties.

And, consequently, they will apply at the beginning of each negotiating process, of their represented organizations, which, having regard to the provisions of Article 11 of this Agreement, do not undertake in their areas of negotiation (a) that they are related to the issues that are going to be negotiated at the state level, thus avoiding conflict of concurrence with what is agreed in this area.

CHAPTER I

Nature, scopes, concurrency, negotiating articulation

and administering the Agreement

Article 1. Nature of the Agreement.

This Agreement on the Structure of Collective Bargaining has been negotiated and concluded under the provisions of Title III of the Staff Regulations, and more specifically Articles 83 and 84 of the Staff Regulations legal.

Article 2. Functional scope.

The functional scope of the Agreement includes all companies and workers in the Metal sector, both in the production process and in the processing of their various aspects and storage, including those undertakings, centres of work or workshops in which works of an auxiliary, complementary or similar nature are carried out on the basis of the work or installation, assembly or repair included in that branch or any other requiring such work; services.

Also affected by the Agreement are the manufacturing industries of metal packaging and boterium when, in the manufacture of the containers, a thickness of more than 0,5 mm is used, with power lines and Optical and mechanical precision industries.

New activities related to or similar to those included in the preceding paragraphs shall also be within the scope of the Agreement.

Will be outside the scope of the Agreement, in addition to those specifically excluded in its text, companies engaged in the sale of articles in the exclusive marketing process.

Article 3. Territorial scope.

This Agreement will apply throughout the Spanish territory and will also apply to contract workers in Spain, in the service of Spanish companies abroad.

Article 4. Temporary scope.

The Agreement will enter into force on the day of its publication in the "Official Gazette of the State" and will last for four years, and may be denounced by any of the signatory parties three months in advance of the date of its publication. maturity. If this complaint is not measured, the Agreement shall be extended for a further two years.

However, the Permanent Bureau set up by the signatories to the Agreement of 28 March 1995, may carry out any modification of the signed text, during the period of its validity.

Article 5. Linking to the whole.

By forming this Agreement an organic whole, if by judgment of the judicial organ any of its articles will be declared null, will be considered equally null all its contents, except that, for some of the undersigned parts will be requested the Intervention by the Permanent Bureau, and this, within a maximum of two months, would provide a solution to the question raised, immediately renegotiating the content of the articles affected by the judgment.

Article 6. Areas of negotiation.

1. Under this Agreement on the Structure of Collective Bargaining for Metal Industry, the various areas of negotiation in the sector are established, as well as the distribution of the materials to be developed between them, for reasons of the (i) the following:

2. The following areas of negotiation are recognised:

State Scope: Comprises the entire scope of Spanish territory. The agreements reached in this field will have the regulated treatment in the Workers ' Statute for Collective Agreements or pacts on specific subjects.

Territorial and sectoral areas: The following collective agreements are included in this area:

a) Those currently established at the provincial level.

(b) Statutory Agreements and Conventions that may be established within the framework of an Autonomous Community, or at the inter-provincial level.

c) Those relating to a given sector activity, at State level or in part thereof.

Company Scope: It is the one constituted by the Collective Agreements, statutory agreements or own covenants, established or that could be established in a company or group of companies.

Article 7. Negotiation, complementarity and concurrence of Conventions.

1. With the areas described above, all the trading needs in the Metal sector are considered to be covered, throughout the Spanish territory.

2. In the areas identified, there are basically both the current and the majority (provincial and company) collective bargaining levels, as well as the recent area of state negotiation, and others that are practically Today, in the metal sector, there is no possibility that the parties will establish themselves in the future if the parties so establish.

With this Agreement, the scope of the negotiation of each matter is determined, in order to avoid the cascade negotiation and to establish the rules to resolve the conflicts that could result in the concurrency between the agreed at the various levels of negotiation.

3. For the purposes set out in the preceding paragraphs, account shall be taken of the distribution proposed in paragraph 11 of the Interconfederal Agreement on Collective Bargaining:

Matters reserved for the national sector.

Materials that require further development in lower scopes.

Materials directly reserved for these lower scopes.

4. The collective agreements currently in force, once they are in force, will be affected by this Agreement.

5. The content negotiated or which could be negotiated in agreements or agreements at the State level shall be applied as a supplementary right in all matters not provided for or lacking in regulation in the Conventions at lower level, and with a character replacement in the case of matters reserved for the State in accordance with the provisions of Article 11 (1) of this Agreement.

6. Conflicts between rules of conventions in different areas will be resolved through the application of the most favourable to workers. The comparison shall be made on the basis of matters, and the comparison between remuneration conditions or any other quantifiable concepts shall be carried out jointly and on an annual basis.

Article 8. Companies with their own Convention.

The Collective Agreements or Agreements negotiated in the higher areas must respect the agreement of the companies with their own Convention, leaving aside the agreement of Article 11.1 of this Agreement.

Article 9. Matters negotiated in the Conventions.

A large number of Metal Industry Conventions are currently in force in various fields of application, which have covenants on some of the matters listed in Article 11 of this Agreement and which, according to the The parties to this Agreement on structure agree to respect in their entirety the content of these pacts, while there is no other agreement on the same subject, negotiated in the field of trade. state. This final agreement must, in its text, necessarily resolve the problems of implementation which could be caused by those who already have pacts on the same subjects, enabling them to maintain them if, by mutual agreement, they are requested by the parties who signed them.

Article 10. Administration of the Agreement.

In compliance with Article 85.3.e of the Workers ' Statute, the parties agree that the Joint Committee referred to in that Article is the one already designated by the Constitution Agreement of the European Union. Joint Commission of the Siderometalurgic Sector, dated 26 April 1996, and with the functions provided for in the said Agreement.

CHAPTER II

Distribution of subjects between the different areas of negotiation

Article 11. Matters of negotiation at the state level.

1. They are non-negotiable matters in areas lower than the state level, unless the negotiating parties in this area refer to areas below the development of any of their aspects, the following:

Test Period.

Hiring Modes.

Professional classification. Professional groups.

Disciplinary regime.

Minimum standards for safety and hygiene.

Geographic mobility.

2. Other matters of negotiation at the State level: They will be negotiated at the State level, in addition to the subjects listed below, those that come from legal provisions or from interconfederal pacts that will force their development in lower areas.

a) In terms of procurement:

General criteria for the promotion of indefinite procurement.

b) On promotion at work:

Professional training.

Professional promotion.

c) In terms of collective bargaining management:

General criteria for the negotiating procedure of the Conventions.

Mediation and arbitration.

d) In terms of wage structure:

General salary criteria.

General salary criteria for the establishment of the new Professional Classification System for Metal Industry.

e) In the matter of the ordering of the day:

General criteria for ordering and counting the annual day.

General criteria for limitation of overtime and compensation systems, if any.

General criteria for regulating irregular days, availability clauses, flexibility, etc.

f) In the field of social and trade union rights:

Equal opportunities.

Trade union rights and information and consultation arrangements in industrial relations.

Permissions, licenses, and surplus.

Article 12. Subjects directly reserved for the lower areas.

These are subjects that are directly reserved for the lower scopes:

a) In terms of salary:

Adequacy of the wage structure.

Wages and salaries.

Wage increases and revision of the same.

Settlement, payment, documentation, etc.

Remuneration allowances of a personal nature.

Job Add-ons.

Extraordinary pay.

Agreements on productivity, yields and other incentive systems.

Other capabilities.

Supplementary Social Security.

b) In the matter of working time:

Duration. Annual Day.

Breaks.

Holidays and permissions.

Extraordinary hours, their remuneration or compensation.

Turnicity. Night work.

Labor calendar.

Flexible and irregular schedule.

c) In the field of professional classification:

Development and adaptation of the professional classification for the industrial of the Metal negotiated in the State field.

Development and adaptation of the National Continuous Training Agreement for the Metal Sector.

Promotions and promotions.

d) In terms of geographical mobility:

Development and adaptation of the criteria established at the state level.

e) On procurement:

Those aspects related to the modalities of contracting that are permitted by the current legislation, or are referred to them from the state sector sector, may be developed in the areas below the state level.

Agreements on new hires and on the conversion of temporary contracts into indefinite contracts.

f) In the field of social and trade union rights:

Development of those matters expressly referred to by the state-wide negotiation on measures and actions for the elimination of discrimination and to promote equal opportunities, and on rights trade unions, information and consultation arrangements in industrial relations.

Permissions, licenses, and surplus.

g) In terms of collective bargaining management:

Creation of the Joint Commission for the administration, monitoring and development of the Collective Agreement.

Regulation of other Commissions with specific and delegated functions.

Referral to mediation and arbitration procedures.

(h) Other matters to which the parties to this Agreement decide.