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Resolution Of 3 April 1998, Of The General Directorate Of Labour, By Which Registration Is Available In The Registration And Publication Of The Collective Agreement Of The Company «Tabacalera, Sociedad Anónima».

Original Language Title: Resolución de 3 de abril de 1998, de la Dirección General de Trabajo, por la que se dispone la inscripción en el registro y publicación del Convenio Colectivo de la empresa «Tabacalera, Sociedad Anónima».

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TEXT

Having regard to the text of the Collective Agreement of the company "Tabacalera, Sociedad Anonima" (code number 9004892), which was signed on 18 March 1998, on the one hand, by those appointed by the company's management for its representation, and of another, by the Intercentres Committee, representing the employees, and in accordance with the provisions of Article 90 (2) and (3) of the Royal Decree-Law 1/1995 of 24 March, approving the text of the text of the recast of the Law of the Workers ' Statute and Royal Decree 1040/1981 of 22 May on registration and Collective bargaining agreements deposit,

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, April 3, 1998. -Director General, Soledad Cordova Garrido.

TOBACCO COMPANY COLLECTIVE AGREEMENT,

ANONYMOUS COMPANY, 1998

CHAPTER I

Application scope, validity, and binding to the entire

Article 1. Object and scope of application.

This Convention regulates the working conditions between the company "Tabacalera, Sociedad Anonima" and the staff who provide its services in the totality of the existing work centers in the Spanish territory.

The following personnel are exempted from the application of this Convention for the reason of their charge:

Those whose activity is limited, pure and simply, to the mere performance of the position of Counselor or member of the company's administrative body, as provided for in Article 1.3.c) of the Workers ' Statute.

The company's management, including the Directors, General Secretary and Deputy Secretary-General.

The persons linked to "Tabacalera, Sociedad Anonima", for a non-work contract, between which the guaranteed representatives and their staff are counted, since their relationship with the company is exclusively of nature mercantile.

The Company's Sub-Directors, Factory Directors, Distribution Zone Delegates, and Territorial Sales Directors.

Those who are hired, in exceptional cases, and on a transitional basis, to attend to urgent and specific needs of a technical nature, not foreseen among the staff of the staff.

The jobs included in the level I of the Technical-Administrative Group, which provide their services in any dependence of the company.

However, this exclusion will be voluntary and will require the subscription between the worker concerned and the undertaking of an individual contract of employment, in which the conditions of that employment relationship are regulated.

Article 2. Vigency.

This Convention shall enter into force on the day following the date of its signature and shall be valid on 31 December 1998, with the time being extended from year to year as long as either party does not denounce it before the date of its signature. the date of completion or any of its extensions.

However, all the effects of economic content on the agreement will have retroactive effect on 1 January 1998, and the arrears accrued from the date indicated will be settled in the various cases.

By virtue of Article 86.4 of the Workers ' Statute, this Convention repeals and replaces the agreement in previous Collective Agreements.

However, for all matters not covered by this Convention, they shall remain in force-unless they object to the agreement or legal provisions to be enforced-the clauses set out in the Convention. Collective of 1996-1997 and in the subscribed for 1992-1993 and in the Annex. The Articles of the 1975 and 1979 Collective Agreements which refer to the matters expressly referred to in Article 94.2 of the Annex to the 1992-1993 Collective Agreement shall also continue in force.

On the contrary, and as a result of the express ratification of the agreements reached within the Commission of Valuation, which are set out in the minutes of the said Commission, dated 25 September 1997, it is agreed to repeal the Chapter II (Assessment of Jobs), of the Annex to the 1992-1993 Collective Agreement.

Article 3. Linking to the whole.

The set of rights and obligations regulated in this Convention constitute an indivisible whole and, therefore, the non-acceptance of some or some of the conditions in the agreed terms assume those of the totality.

Therefore, if, by law or resolution of the competent jurisdiction, any of the clauses agreed here are modified or not approved, and this fact-in the judgment of either party-is manifestly misleading. The content of the Convention must be renegotiated by the Deliberating Commission itself.

CHAPTER II

Remuneration

Article 4. Wage increase.

All remuneration concepts-except those expressly provided for in the following articles-will see an increase of 2.1 per 100.

The concept of seniority prizes will also have an increase of 2.1 per 100 and its distribution will be carried out in a linear fashion.

Article 5. Productivity pay.

The amount that the staff of the groups 1.o, 2.o, 3.o and 4.oeda has established in 165,746 pesetas/year.

The staff belonging to the new professional categories will receive the following figures for this concept:

Operating Auxiliary, Driver Auxiliary and Maintenance Assistant: 91,802 pesetas/year.

Commercial Auxiliary: 81,001 pesetas/year.

Article 6. Salary supplement in replacement of primary by economate.

1. As from 1 January 1998, the social non-wage benefit provided for in Article 87 of the Annex to the Collective Agreement 1992-1993 is replaced and its legal nature is altered by the new wage supplement, which is the Cash and personal nature, as set out in this Article.

2. They will be entitled to receive this supplement as a guarantee of a personal nature, all workers who have been receiving social benefits for the first time of the economy as at 31 December 1997, and will not be applicable to staff employed by after the date indicated above.

3. The amount to be paid by each worker for this new wage concept shall be determined by increasing the amount of the annual premium which was recognised at 31 December 1997 for that social benefit by 8,003 gross pesetas. The resulting total annual amount shall be divided into 12 monthly payments of the same amount.

For the settlement for the current year, the difference between the total amount referred to above and the amount of the premium vouchers already received by each worker at the time of verification shall be paid. itself.

Article 7. Plus residency and fund management gratification.

These remuneration concepts will only continue to be paid to the workers who were receiving them at 31 December 1997, while remaining the same economic amount in force on the date indicated.

Therefore, as of 1 January 1998, no new obligations for the company will be generated by these concepts.

Article 8. Economic compensation for use of own vehicle.

The amount per kilometer traveled with your own vehicle is maintained at the values established in 1997.

Article 9. Base salary of the staff of the new professional categories.

The above mentioned staff base salary is set in the following amounts:

Operating aid: 114.259 pesetas/month.

Commercial Auxiliary: 83,576 pesetas/month.

Operating aid (in factories): 3.766.80 pesetas/day.

Machinist auxiliary: 3.949.90 pesetas/day.

Maintenance Assistant: 4,148.30 pesetas/day.

Article 10. Plus convention/1998 for the staff of the new professional categories which were active at 31 December 1997.

For the staff mentioned above, a salary supplement is established, in the amount of 156,077 pesetas per year, which will be distributed in twelve monthly payments.

Article 11. Gratification for continuity in the service.

This gratification will be paid to the active staff, when they serve twenty-four years of effective services in the company.

CHAPTER III

Social benefits

Article 12. Fund of the Joint Committee on Social and Educational Action.

The fund for this year will be endowed with 473,914,000 pesetas. However, exceptionally, for the current financial year, up to the figure of 43,000,000 additional pesetas may be increased from the previous year's fund not spent during the financial year.

For the assumption that the Fund's managing committee should be modified, the presence of a representative of each of the most representative trade union organizations at the national level, according to the L.O.L.S., is guaranteed. the management of these funds.

CHAPTER IV

Interpretation and monitoring of the Convention and out-of-court settlement

of conflicts

Article 13. Commission for interpretation and monitoring.

1. Composition: Both parties agree to establish a Joint Commission as a body for the interpretation and control of the implementation of the agreement, which will be made up of five headline Vocals representing the company and five by the parties. workers, elected from among the members of the Negotiating Commission.

There will also be five substitutes for the company and five for the workers.

The Vowels representing the company are:

Headlines:

Don Jose Luis Relea Laso.

Don Angel Zugasti Caldera.

Dona Maria Teresa Simarro Martinez.

Don Luis Porras Alvarez.

Don Francisco Hernando de Francisco.

Substitutes:

Don Luis Egido Gálvez.

Don Buenaventura Jiménez Sánchez-Cañete.

Don Joaquin Pimentel Ortiga.

Don Fernando Dominguez Valdes-Hevia.

Dona Sagario Guinea Lalanda.

And on behalf of workers:

Headlines:

Don Jesús Martínez Gómez, U.G.T.

Don Manuel Ugarte Vila, U.G.T.

Don Jorge Antonio Tomé Sanchez, CC. OO.

Don Rafael Galvan Lerida, CC. OO.

Don José Palau Odena, C.T.I.

Substitutes:

Don Eduardo Louzan Varela, U.G.T.

Don Pedro Diaz Benitez, U.G.T.

Dona Josefa Lopez Marquez, CC. OO.

Don Jose Ferreras Benaite, CC. OO.

Don Jose Antonio Garcia Ferrari, C.T.I.

The Commission shall be constituted within one month of the date of signature of this Convention, and shall meet, in an ordinary manner, once every four months, without prejudice to meetings of an extraordinary nature. which shall be convened at the initiative of either party, which shall be held within a maximum of 10 days from the date of the application.

2. Functions:

(a) In addition to the monitoring and interpretation of the Convention, the Joint Commission is empowered to intervene in all matters and conflicts, individual or collective, to be submitted to it by the parties.

In the collective conflicts arising from the interpretation or application of the Convention, the attempt to resolve them through the Joint Commission will be a mandatory, prior and inexcusable procedure for access to the mediation and arbitration mechanisms provided for in the ASEC (Agreement on the Extracutional Settlement of Labour Conflicts) or, where appropriate, to the judicial route.

(b) The Joint Commission shall also understand all matters entrusted to it under the provisions of this Convention.

3. Procedure for action:

The Commission itself will establish, in each case, the operating criteria, seeking as a basic objective that the processing and resolution of the cases be carried out with the maximum objectivity and within a maximum period of 20 days.

The adoption of agreements will require the favorable vote of the majority of each of the two representations.

Article 14. Out-of-court settlement of disputes.

Both parties adhere to the Agreement on the Extractive Solution of Labor Conflicts (ASEC), signed by the most representative Trade Union and Business Organizations, dated January 25, 1996, and published in the Official Journal of the State of 8 February 1996.

Final disposition

Article 15. Incorporation into this Convention of future agreements.

During the duration of this Convention, the work of the Labor, Trade Union and Commercial Sector Health Commissions will continue. The agreements reached therein shall be incorporated into this Convention, subject to ratification by the Commission of Interpretation and Surveillance of the Convention.

Identical treatment will be given to agreements reached in connection with the "Tabacalera, Sociedad Anonima" Pension Plan Regulation.

Table of salaries and salaries in force for the year 1998

Groups 1.o and 2.o

1. Base salary or rating:

Monthly Levels/Pesetas

VIII. /457.197

VIII. /350.212

VIII. /317.437

IIIV. /273,570

IIIV. /246.138

IIVI. /227,774

IVII. /202.253

VIII. /190.003

IIIX. /183,652

2. Personal Add-ons:

2.1 Regular augments for years of service.

Monthly Levels/Pesetas

VIII. /5.759

VIII. /5.739

VIII. /5,719

IIIV. /5.639

IIIV. /5.629

IIVI. /5.619

IVII. /5.419

VIII. /5.329

IIIX. /5.208

2.2 Shorthand for shorthand:

Monthly Levels/Pesetas

VIII. Diplomatic auxiliaries/8,887

3. Job Plug-in:

Monthly Pesetas

3.1 Chart for Day/20,912

4. Quality add-on or work quantity:

4.1 Assistance Incentive:

Daily Pesetas

Continuous Day/586.60

Day Item/726.40

Group 3.o

1. Base salary or rating:

Monthly Levels/Pesetas

IIIX. /191.286

VIII. /182.726

IVII. /180.845

IIVI. /176.419

IIIV. /172,659

IIIV. /166.484

VIII. /152,524

IVII. /117,994

2. Personal Add-ons:

2.1 Periodic augments for years of service:

Monthly Levels/Pesetas

IIIX. /5.259

VIII. /5.208

IVII. /5.148

IIVI. /5.098

IIIV. /5.058

IIIV. /5.038

VIII. /4.918

VIII. /3.163

3. Job Plug-in:

3.1 Chart for Day Reason:

Monthly Levels/Pesetas

VIII. OO conductor. CC. /31.367

VIII. Chief Team Cleaning OO. CC. /10.466

4. Quality add-on or work quantity:

4.1 Assistance Incentive:/Daily Pesetas

Continuous Day/800,30

Starting Day/940.30

Group 4.o

1. Base salary or rating:

Daily Levels/Pesetas

IXII. /7.642.80

IIXI. /7.298.30

IIIX. /6.954.10

IIIX. /6.609.40

VIII. /6.315.20

IVII. /5.935.40

IIVI. /5.609.20

IIIV. /5.410.00

2. Personal Add-ons:

2.1 Periodic augments for years of service:

Daily Levels/Pesetas

IXII. /183.80

IIXI. /181.10

IIIX. /178.10

IIIX. /175.40

VIII. /172.90

IVII. /169.60

IIVI. /167.00

IIIV. /165.40

Also, the gratification established in Article 20 of the Collective Agreement of 1975, with the conditions expressed in that text, for those persons who perform the position of Head of Equipment, is fixed at 163 pesetas daily.

3. Quality add-on or work quantity:

3.1 Assistance Incentive:/Daily Pesetas

Continuous Day/1.014,10

Day Item/1.153.80

Daily Allowance by Service/Pesetas

Full Diet/12.969

Field Gratification/3,425

The amount to be charged per kilometer traveled with your own vehicle, is set at 37.10 pesetas.

Job Plug-in

The gratification established in the 1981 Collective Agreement for the Serenos and Vigilant, is fixed at 22 per 100 of the salary of its level, as stated in Article 8 of the Collective Agreement of 1988.

Fund Management Gratification/Year Pesetas

Up to 200 million/32,599

More than 200 million up to 500 million/40.422

More than 500 million up to 1 billion/48,246

More than 1 billion up to 2 billion/57,372

More than 2 billion up to 3 billion/66.499

More than 3 billion up to 4 billion/76,932

More than 4 billion up to 5 billion/87,363

Over 5 billion up to 6 billion/99.099

Over 6 billion to 7 billion/110,833

Over 7 billion to 8 billion/125,175

More than 8 billion up to 9 billion/131,963

More than 9 billion up to 10 billion/140,963

More than 10 billion up to 11 billion/156,234

More than 11 billion up to 12 billion/173,856

Over 12 billion to 13 billion/191,475

More than 13 billion up to 14 billion/211,447

Over 14 billion up to 15 billion/236,332

More than 15 billion up to 20 billion/267,052

Over 20 billion up to 25 billion/301,277

More than 25 billion up to 30 billion/340.455

Over 30 billion up to 35 billion/384,590

Over 35 billion/432,662

Plus productivity

It is set at 165,746 pesetas for this year.

New Professional Categories

1. Base salary. /Pesetas/month

Operating Auxiliary/114.259

Commercial Auxiliary/83,576

Operating Auxiliary/3.766.80

Machinist Auxiliary/3.949.90

Maintenance Helper/4.148.30

These amounts will be collected in 15 pages.

2. Nocturidad. /Pesetas/hour

Operating Auxiliary/264.30

Machinist Auxiliary/277.40

Maintenance Helper/291.60

3. Maximum amount to be charged as a variable part of the salary. /Pesetas/year

Commercial Auxize/1.080.020

4. Productivity Plus:/Pesetas/Year

Operating Auxiliary/91,802

Machinist Auxiliary/91,802

Maintenance Helper/91,802

Commercial Auxiliary/81.001