Having regard to the text of the general agreement for road haulage undertakings, which was signed on 20 October 1997, by the Spanish Confederation of Goods (CETM); and by the trade union organisations FETCOMAR-CCOO and FETTC-UGT; and in accordance with Article 83.3 in conjunction with 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 in Royal Decree 1040/1981 of 22 May, on registration and deposit of Collective Work Conventions,

This Work General Address, agrees:

First. -Order the registration of the said General 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, January 13, 1998. -Director General, Soledad Cordova Garrido.

GENERAL AGREEMENT FOR TRANSPORT COMPANIES

OF GOODS BY ROAD

CHAPTER I

General provisions

Article 1.

This General Agreement, signed on one side, by the Spanish Confederation of Freight Transport (CETM) and another on behalf of the company, by the trade unions Union General of Workers (UGT) and Comisiones Obreras (CC. (a) it is formalized in accordance with the provisions of Title III of the Staff Regulations and constitutes an Agreement, adopted pursuant to Article 83 thereof, for the replacement of goods by the Member States in respect of the carriage of goods by road road, of the Labour Ordinance adopted by Order of 20 March 1971 ("Official State Gazette" of 31).

Article 2.

Given the general effectiveness conferred on it by Article 3.1.b) of the Workers ' Statute and the representativeness of the organisations which are signatories to it, this General Agreement shall, in accordance with the provisions of the Article 82 of the Statute itself, to all entities, undertakings and workers within its scope and throughout the period of its validity.

Article 3.

This general agreement for road haulage companies will be applicable throughout the national territory.

Article 4.

Its functional scope is constituted by the business activity of the transport of goods by all kinds of terrestrial routes, in motor vehicles that circulate without road of fixed running and without fixed means of collection energy, as well as the activities that the Law 16/1987, of Land Transport Management, calls for Auxiliary and Complementary of the transport of goods.

By virtue of the principle of unit of business this General Agreement shall apply to the whole of the services of each undertaking whose principal activity is included in its functional scope; they are independent business units, operating accounts which are also independent and which carry out activities which are not covered by this Agreement, shall not apply to them if it is expressly agreed by the representations of the company and the workers concerned.

Likewise, it will be of direct compliance and obligatory observance in all the collective negotiations of inferior territorial scope that during its validity will be carried out, within its functional scope, by associations businesses, trade unions, businesses and workers.

Accession to this General Agreement of those who are not in principle included in their functional scope will be formalized in accordance with Article 92 of the Workers ' Statute.

Article 5.

Its temporary scope extends until December 31, 2000. It shall enter into force on the first day of the calendar month following the date of its publication in the 'Official Gazette of the State', which shall be tacitly extended for periods of one year if it is not denounced by one of the parties three months in advance of its publication. the original or any of its extensions, by means of written communication addressed to the other party. Once its initial validity has been completed, or any of its possible extensions, it will continue to be fully governed until it is replaced by another general agreement.

Article 6.

This General Agreement replaces in its entirety, as regards the carriage of goods, the Labour Ordinance for Road Transport Enterprises, adopted by Order of 20 March 1971, in addition to the rules governing employment, the structure and conceptualisation of working time, professional groups and categories, geographical mobility, pay structure, disciplinary arrangements, conflict resolution, health and safety in the and the Joint Committee on the representation of the negotiating parties.

Article 7.

A Joint Committee composed of a maximum of 12 members, appointed in half by each of the parties, business and social, signatories to this General Agreement, is hereby established. The parties may use the advisory services, designating them freely and at their expense, which shall have a voice but no vote. The functions of the Joint Committee shall be as follows:

Monitoring and monitoring compliance with this General Agreement and interpretation of its provisions.

Upon express acceptance by you, arbitration in any discrepancies or conflicts, as long as they are collective, subject to common agreement by those who are a party to them.

Elevation to the organizations that are signatories to this General Agreement of the proposals that they deem appropriate in order to:

Constitution of papers or commissions and elaboration of studies on any aspect of the industrial relations of the sector, including the basic regulations on professional promotion.

Study on the application to the Transportation Sector of Goods by Road of the Law on the Prevention of Labor Risks and Development Provisions; study on occupational diseases and pensions.

Sectoral agreement on continuing training, when the general rules are amended.

Study of proposals for the modification of professional groups and categories, in the case referred to in Article 14.2, provided that at least two years have elapsed since the entry into force of this General Agreement.

The validity of the agreements of the Joint Commission requires that they be adopted by a majority of each of the two representations. However, the unanimous agreement of the members of the Commission in attendance at the meeting will be necessary to ensure that agreements on matters not included in the preceding relationship can be validly adopted. Agreements which interpret the provisions of this General Agreement shall be effective.

The Joint Commission will regulate its own functioning and will meet every three months.

Article 8.

If there are discrepancies within the Joint Committee that prevent the adoption of agreements, they may be subject to mediation or arbitration if the majority of the members of the Joint Committee so decide. representation; the agreement shall express the specific question submitted to mediation or arbitration and shall determine the names of the persons to whom such a task is entrusted and the time limit within which they shall comply with it, which shall be counted from the the date on which they receive the agreement and, together with the agreement, the written submissions of each of the parties discrepants.

Article 9.

The conditions agreed in this General Agreement for road haulage companies constitute an organic and indivisible whole and must be considered as a whole. Consequently, if the labor jurisdiction declared null in its present wording any of the covenants of the same, it will be null and without value or effect in its entirety this General Agreement, committing both parties to renegotiate it again.

CHAPTER II

Organization of the job

Article 10.

The organization of the work is the faculty and responsibility of the company's management, to which it corresponds, if necessary, to determine the person or persons in whom the exercise of that faculty, which must conform to the established in the law, in this General Agreement and in the rules and covenants applicable to it.

In the exercise of its powers of organization of work it corresponds to the management of the company-with respect to the competences that in this matter have attributed the organs of representation of the workers in the (a) to establish, determine, modify or delete the work, to award the tasks, to adopt new methods of execution of the tasks, to create or write down jobs and to order them according to the needs of the company at any time, determining the way in which work is provided in all its aspects.

Article 11.

Fulfilling the orders and instructions of the employer in the regular exercise of his or her directives is the obligation of the worker; who must execute with interest and diligence how many works are ordered within the general role of their professional group and competence. Such work includes the complementary tasks which are essential for the proper performance of the main task.

Article 12.

All discrimination on grounds of sex, origin, marital status, race, social status, religious or political ideas, membership or non-trade unions and their agreements, relationships with other workers in the company and language within the Spanish State.

The relationships of the company and its workers must always be presided over by the reciprocal loyalty and good faith.

Article 13.

The establishment or not of remuneration systems with incentive, which is the faculty of the company's management, will take effect upon the participation of the representation of the workers in the terms foreseen in the Article 64 of the Staff Regulations. If it is implemented on an experimental basis and is not satisfactory, it may be abolished unilaterally, on its own initiative or at the request of the workers ' representation, within a period of one year from its implementation, without in such a case, because the remuneration system with incentive is not to be consolidated, any acquired right for the workers concerned is derived, and without the returns established during the experimental phase the remuneration system with incentive is subsequently binding for none of the the parties.

The further substantial modification of the remuneration system with incentive will be accommodated in accordance with Article 41 of the Workers ' Statute.

All this unless otherwise agreed in the lower-level Collective Conventions.

CHAPTER III

From Staff

SECTION 1 GENERAL PRINCIPLES

Article 14.

1. The classification of the staff below is merely an enunciative and in no case does it imply the obligation for all the professional groups or all the related categories to be put up for work, which will be in function of the needs of each company.

2. The Negotiating Commissions for Collective Agreements with a lower territorial scope that consider appropriate any modification, addition or deletion of professional groups or categories, in relation to those laid down in this Chapter, may make proposals to the Joint Committee of this General Agreement which they consider appropriate.

Article 15.

Without prejudice to their economic and professional rights arising from pre-existing improvements to this General Agreement, and with the provision of Article 39 of the Workers ' Statute, they are subject to the functional mobility within the company, without other limitations than those required by academic or professional qualifications required to perform the work and the membership of the professional group. Functional mobility may also be carried out between professional categories which, in the circumstances provided for in Article 22.3 of the Staff Regulations, have been declared equivalent by the Joint Committee of Workers. General agreement.

Workers who, as a result of functional mobility, perform functions exceeding those of their category for a period of more than six months for one year or eight for two years, may claim promotion to the category corresponding to the functions performed, in accordance with the applicable rules. They shall be entitled, in any event, to the corresponding salary differences.

If, for the purposes of the essential or unforeseeable needs, which are justified by the essential time, functions lower than those corresponding to the professional category, the worker shall have the right to continue by perceiving their remuneration of origin. This situation will be communicated to the workers ' representatives.

Regardless of the above assumptions, the workers, without prejudice to their dignity, will be able to be occupied in any task or comedies of those of their professional group, during the time spaces that do not have work corresponding to its category.

SECTION 2.a GENERAL CLASSIFICATION

Article 16.

The staff providing their services in the companies falling within the scope of this General Agreement shall be classified in one of the following professional groups:

Group I: Senior and Technical Staff.

Group II: Administration Personnel.

Group III: Movement Personnel.

Group IV: Auxiliary Services Personnel.

Article 17.

Group I: Senior and Technical Staff. It is understood by such that, with its own initiative and within the norms dictated by the Directorate or its hierarchical superiors, it exercises functions of a technical character and/or of command and organization. It is not included for those who, due to the characteristics of their contract and/or the performance of their duties, correspond to the rating of Staff of the High Direction.

This group I is composed of the professional categories listed below, whose functions and tasks are those which, as an indication, are also recorded.

17.1 Area or Department Director. It is the one in the company's central services that is at the forefront of one of the specific areas or departments in which it is structured, depending directly on the company's Directorate General.

17.2 Branch Manager or Delegate. It is the one with its own initiative and within the rules dictated by the management of the company, depending directly on the same or the persons in which it is delegated, it exercises managerial, command and organization functions to the front of a branch or The company's important work centre.

Unless otherwise stated, those who are appointed to fill positions of the preceding categories 17.1 and 17.2, who demand maximum confidence, will not consolidate their appointments until they have passed the As such, if it is personal already employed in the company that is promoted to those posts, the probationary period in these jobs will be halved.

Those who have consolidated any of these professional categories may be removed from it at any time, passing to the Titled, if they previously held such a category, or to the Head of Service, maintaining (a) the salary assigned to the category of which he has been removed, but the allowances for the quantity and quality of work and the work of the job shall be, where appropriate, those which correspond to the actual performance.

17.3 Head of Service. It is the one that, with its own initiative, coordinates all or some of the services of an important company or job center.

17.4 Higher Grade Titled. It is the one that performs tasks for whose exercise is required or requires its title of Doctor, Licensed or Engineer, in any dependencies or services of the company.

17.5 Titled Middle Grade. It is the one that performs tasks for the exercise of which is required or requires its academic degree of average degree, in any dependencies or services of the company.

17.6 Head of Section. It is the one that plays with initiative and responsibility the command of one of the groups of activity in which the central services of a company are structured, as well as the one that is in front of the Administration of a branch or center of work importance, under the dependency of the Director or Delegate of the Director, if any.

17.7 Head of Negotiation. He is the one who, at the head of a group of employees and depending on or not of a Section Chief, directs the work of his Negotiate, without prejudice to his personal participation in the work, responding to the correct execution of the works of the staff to his orders. The Computer Systems Analysts are classified in this professional category.

17.8 Head of Traffic of First. He is responsible for directing the provision of the services of a group of more than 50 vehicles of the company or contracted by it, distributing the personnel and the material and the inputs and outputs thereof, as well as the production of the statistics of traffic, travel and consumption. Both the staff of this category and the General Manager of the Transport and Warehouse Agencies can act as Heads of the work centres where there is no Director or Branch Delegate.

17.9 Chief Traffic Officer of the Second. It is the one that, with the same privileges and responsibilities as the former, directs the provision of services of a group of up to 50 vehicles of the company or contracted by it, if there is no Head of Traffic of superior category; otherwise act as subordinate to the Chief Traffic Officer of First, regardless of the number of vehicles, coinciding with him or at the head of a work shift.

17.10 General Charge of Transportation Agencies and Distributors. Is the one who, with direct command over the staff and the orders of the Director, or Branch Delegate, if any, has responsibility for the work, discipline and safety of the staff; it is for the organization or management of the service, indicating to his subordinates how to carry out those works which are ordered to him; he must therefore have sufficient knowledge to carry out the tasks entrusted to him by the undertaking inherent in his function and for the drafting of the budgets of the works to be carried out, taking care of the material in order to ready for the job at all times.

Both the staff of this professional category, and the category of Head of Traffic of First can assume, at the choice of the company, the head of the job centers where there is no Director or Branch Delegate.

17.11 Inspector-Muddles Business Visitor. It is the one that, prior to the study of a move or service, establishes rules for its execution, assessing, valuing and being able to contract the service and to inspect in its day the execution of the same, giving to its heads of how many incidents observe, taking the emergency measures which are deemed appropriate in cases of traffic disturbance or accidents or incidents of any kind.

17.12 Head of Workshop. This professional category includes those who, with the precise technical capacity, are responsible for the management of a workshop whose staff is at least 50 employees, ordering and monitoring the work carried out on the premises of the workshop. company as outside of them in the event of a breakdown or accident.

17.13 Contractor or Charged. This category includes those who, with theoretical-practical knowledge, exercise direct control over a group or section of 25 workers in workshops with between 25 and 50 employees; they can perform the leadership in workshops of no more than 15 operators.

Article 18.

Group II: Administration Personnel. This professional group belongs to all employees who perform administrative, bureaucratic and/or accounting functions in the various departments or services of the undertaking, including works with a computer or In addition, they include the functions of maintenance, control and general care not included in another professional group. It is classified in the following categories, the functions or tasks of which are those which, as enunciative, are also expressed:

18.1 First Officer. It is the employee who, under his own responsibility, performs with the maximum perfection bureaucratic works that require full initiative, among them the commercial activities, both in the company and in visits to clients and agencies. In the workplace whose administrative employees are between four and seven, both inclusive, can act as head of the same.

This category includes those whose main task is to carry out computer programming.

18.2 Second Officer. Those who are subordinate, where appropriate, to the head of the office and with adequate theoretical and practical knowledge, normally carry out with due perfection and corresponding responsibility the work which they are given. entrusts, including those of a commercial nature both in the company and in visits to clients and agencies. In the work centers of up to three administrative employees, they can assume the leadership of the same.

This professional category includes workers whose main role is the system operator.

18.3 Warehouse of Transport Agencies, Storage and Distribution Companies and of Mudanzas and Guardamuebles. It is the employee, whether dependent or not, of the General Charge, responsible for the warehouse or warehouses at his or her position and the staff assigned to them permanently or occasionally, and must dispatch the orders to them, receive the goods and distribute them in order for storage, distribution or distribution. It must record the entry and exit of the said goods, drawing up and referring to the offices the corresponding relations, with indications of destination, origin and entries and exits which it has.

You will assume the headquarters of the warehouses where there is no Director or Branch Delegate, General Manager, or Head of Traffic.

18.4 Garage Charge. He is responsible for the good order and safety of the garage, having as a mission the proper use of space, ordering the parking of vehicles and the storage and distribution of fuels and material, carrying account details of the same.

18.5 Auxiliary. It is the employee who, with knowledge of a bureaucratic nature, under the orders of his superiors, executes works that do not have special complexity.

18.6 Telefonista. It is the employee responsible for the management of the telephone exchange or any other communication system of the company, and can also be assigned to administrative and/or control and reception tasks.

Article 19.

Group III: Movement Personnel. This group belongs to all employees engaged in the movement, classification and drag of goods on or off the premises of the company, including the maintenance of the vehicles, being classified in the following categories: professional categories, the functions of which are expressed as enunciative, following the same:

19.1 Mechanical driver. It is the employee who, being in possession of the "C + E" class driving licence, is contracted with the obligation to drive any vehicle of the undertaking, with or without towing, in accordance with the needs of the undertaking, assisting, if indicated, to the repair of the vehicle, the person responsible for the vehicle and the load during the service, being obliged to complete, where appropriate, the documentation of the vehicle and that of the transport carried out and to direct, if required, the load of the vehicle merchandise. It is up to him to carry out the necessary tasks for the proper operation, preservation and conditioning of the vehicle, as well as those that are necessary for the protection and handling of the goods. The person responsible for the workshop, or the person responsible for the undertaking, must immediately be notified of any anomaly detected in the vehicle. It must cover the routes for the routes to be fixed or, if they are not fixed, for those which are more favourable for the correct completion of the service.

They shall automatically be classified in this professional category, even if they lack the driving licence of the "C + E" class, drivers driving for the same undertaking for more than six months, continuous or alternate, any of the vehicles referred to in paragraph 19.4.

19.2 Driver. It is the employee who, while still in possession of the "C + E" class driving licence, is contracted solely to drive vehicles requiring lower class meat, without the need for mechanical knowledge and with the obligation to direct, if so is ordered, the conditioning of the load, participating actively in the load and in the discharge, without exceeding the ordinary day; it is the person responsible for the vehicle and the goods during the journey, and must complete, where appropriate, the documentation of the vehicle and of the transport carried out; it is up to you to carry out the tasks necessary for the proper operation, preservation and conditioning of the ve-hicle, as well as those which are necessary for the protection and handling of the goods. The person responsible for the workshop, or the person responsible for the undertaking, must immediately be notified of any anomaly detected in the vehicle. It must cover the routes for the routes to be fixed or, if they are not fixed, for those which are more favourable for the correct completion of the service.

19.3 Driver-Light Vehicle Delivery. It is the employee who, still in possession of upper class driving, is hired to drive light vehicles. Must act with due diligence for the safety of the vehicle and the goods, corresponding to the completion of the necessary complementary tasks for the proper functioning, maintenance, conservation and conditioning of the vehicle and protection of the vehicle and cargo, having an obligation to load and unload its vehicle and to collect and distribute or deliver the goods. The person responsible for the workshop, or the person responsible for the undertaking, must immediately be notified of any anomaly detected in the vehicle. It must carry out its journeys for the itineraries that are fixed or, if they are not fixed, for those that are more favorable for the correct fulfillment of the service.

19.4 Specific obligations of drivers, common to professional categories 19.1 and 19.2.

In addition to the general drivers, previously mentioned, which constitute the current work, they correspond to those that result from the uses and customs and the nature of the service they perform. The following are listed in the following terms:

19.4. When driving vehicle-tankers, the following tasks must be carried out in respect of their own vehicle:

(a) Inspect the condition, cleanliness and preservation of tanks and their accessories, such as pipes, loading and unloading mouths, valves, pressure gauges, elevators, heaters, discharge pumps and the like.

b) Empalmar and unpack load and discharge hoses, open and close valves, control the filling and emptying, even up to the top of the tanks if necessary; and to purge the tanks of the cisterns before proceeding to discharge, in order to avoid contamination of the products in the tanks of the customers.

c) Control the pressures and depress using the carets and other security elements to be provided.

(d) If the tanks are gases, pressure must be controlled and, once the loading and/or unloading operation has been carried out, the tank valve is sealed, as well as if the amount charged corresponds to the authorised maximum weights.

19.4. B When driving refrigerated vehicles:

(a) Inspect and monitor the proper functioning of the cold production equipment during the course of transport.

b) Lead the load stowage so that air circulation is properly secured, where appropriate.

c) Carry out the pre-cooling of the vehicle box before loading.

19.4. C When driving vehicle carriers you must load and hold the vehicles in the truck, as well as download them.

19.4. D When driving vehicles for the transport of arid or equipped cranes, it has an obligation to carry out the necessary operations for the loading and unloading of the aggregates and the handling of the crane.

19.4. E The driver of removals and storage companies will actively collaborate in the work of the moving or service that will carry out the vehicle.

19.4. F When driving vehicles of black smoke, apart from inspecting the condition, cleaning and storage of the same and their loading and unloading mouths, the load and discharge hoses of the vehicle itself shall be impaled and unfilled when required by the vehicle. service.

19.5 Common provision for categories 19.1, 19.2 and 19.3.

Unless otherwise provided by Collective Agreement, the Drivers to whom as a consequence of driving a vehicle of the company in order and account of the same, even when going and coming to work, are withdrawn their permission to driving for less than six months, they will be coupled during that time to another job in one of the company's services, perceiving the base salary of their professional category, their personal complements and the complements of quantity and quality of job and job of the job they are doing. Cases of deprivation of driving licences as a result of the use of drugs or the ingestion of alcoholic beverages are excluded.

This benefit can only be enjoyed if the following two circumstances are present: (a) a number of drivers exceeding 10 per 100 of those who serve in the workplace is not in that situation; the minimum of one; and (b) that the age of the driver in question is at least two years and, where appropriate, that since he had enjoyed the same benefit, at least five years have elapsed.

It will not be applicable in the two preceding paragraphs in the work centers with fewer than 25 workers, in which the benefit established in those workers will be replaced-provided that the the circumstances provided for in the case-by suspension of the contract of employment, unpaid or computable to any effect, during the period of deprivation of the driving licence. If the drivers of these workplaces hire, individually or collectively, insurance for which they are guaranteed to pay during the period of deprivation of their driving licence equal to 75 (seventy-five) per 100 of the The income tax paid in the immediate natural year before, according to the tax on the income tax of the physical persons, the companies will pay them 50 per 100 of the cost of the premium of said insurance.

In the absence of regulation by Collective Agreement, the agreed conditions will be respected that are more beneficial for the workers.

19.6 Capataz. It is the employee who at the orders of the General Chargé, of the Encharged of Warehouse or of the Head of Traffic and gathering practical conditions to lead a group of workers and specialists, takes care of the loading or unloading of vehicles, of the ordination for the collection and repair and the dispatch of the invoices in any form of transport, taking into account the complaints that occur, and giving daily account of the march of the service to its immediate boss; it will also carry out control tasks and Similar surveillance as indicated for the General and Warehouse Loaded.

The Mudanzas Capataz will be in his case at the orders of the Inspector-Visitor and is in charge of ordering and supervising the making of the move, actively participating in it, embalming and preparing, arming and disarming, climbing and to lower furniture, tables, clothes, pianos, flow boxes, machinery and all kinds of similar objects; load and unload capes, containers, etc., both in homes, and in storage, port or station; to properly install accessories for carry out such loads and discharges. He is in charge of the completion of documents and of any other related to the move that the management entrusts him.

19.7 Capitonista. Is the employee capable of making a move, packing and preparing, assembling and disarming, raising and lowering furniture, paintings, clothes, pianos, boxes of flow, machinery and all kinds of similar objects; loading capes, containers, etc., at home, station, port, warehouse; properly install the necessary equipment for these loads and discharges, and can also replace the Capataz when the case requires.

19.8 Adjutant and/or Specialized Mozo. It is the one that has acquired a long practice in the loading and unloading of vehicles and movement and classification of goods, making them with speed and use of space and safety. When forming part of the envelope of a vehicle, it will assist the Driver in all the incidents that may arise during the service and will carry the documentation of the goods, taking care of the loading and unloading of the goods and of their collection or delivery to the clients, who must deliver to their immediate boss, at the end of the service, the duly completed documentation.

It is for the handling of lifting devices, cranes and other machinery for loading and unloading vehicles in storage or agency and movement of goods in these. Before starting work with that machinery, it must receive the necessary preparation for the correct performance of such tasks.

You can be entrusted to assume responsibility and control of the loads and/or discharges of vehicles. He must carry out the necessary work, assisting the Driver, for the proper conditioning of the vehicle and the protection of the goods.

In the companies of Mudanzas they will be at the orders of the Capitonistas, carrying out auxiliary functions of these.

19.9 Storage-Basculo Auxiliary. It is classified in this category to which, at the orders of the Warehouse Loaded, receives the goods; it makes the heavy of it, the label and pretape or enters in containers or orders it as directed. It will remove the goods by placing them properly once they are classified, also taking care of keeping the premises clean and of the surveillance of the goods that are stored or stored in it.

19.10 Ordinary Mozo. It is the operator whose task, to be carried out both in vehicles and fixed installations, requires fundamentally the contribution of physical effort and attention, without requiring outstanding practice or prior knowledge, having to carry out, if entrusts, the collection or delivery of goods, the supporting documentation of which shall be delivered at the end of the service to which it corresponds.

Article 20.

Group IV: Staff of Auxiliary Services. This group belongs to all employees who are engaged in ancillary activities of the principal of the company, both in the facilities of the company and outside the company, and are classified in the following professional categories:

20.1 Ordinance. It is the one that monitors the various dependencies of the company, following the instructions that the effect receives; it also exercises functions of information and guidance of the visitors and of delivery, collection and distribution of documents and correspondence and other similar tasks, including the collection of invoices, being responsible for carrying out the corresponding settlements in perfect order and in due time.

20.2 Guarda. He is responsible for the supervision of the warehouses, ships, garages, offices and other dependencies of the company, in shifts both day and night.

20.3 Maintenance and Cleaning Personnel. It is responsible for the cleaning and small maintenance of the offices, facilities and attached premises of the companies.

20.4 Workshop Capataz or Team Head. It is the one who, at the direct orders of a Contractor, if there were, takes a personal part in the work, while directing and monitoring the work of a certain group of workers of the workshop, no more than 10, who are dedicated to the work of the same nature or convergent to a common task. You can take the lead in workshops whose staff does not exceed 10 operators.

20.5 First Officer of Trades. It is included in this category to those who, with total mastery of their craft and with the ability to interpret plans of detail perform in the workshop, in any other dependency of the company or in vehicles outside of it, works that require the greater care not only with correct performance, but with the maximum economy of time and material.

20.6 Officer of the Second Office. It is classified in this category that with theoretical-practical knowledge of the trade, acquired in a duly accredited or long-practiced learning of the same, they carry out current works with correct yields, being able to interpret the more elementary drawings and croquis.

The Carpenter of Mudanzas and Guardamuebles-which is the operator that prepares and performs the packaging of furniture and makes the boxes or frames for their shipment, also carrying out the work of unpacking and the own of the move- be classified in one of the categories 20.5 or 20.6, depending on the professional preparation and the quality of the work.

20.7 Workshop Specialized Mozo. Included in this category are those who proceeding from Peon, possessing general knowledge of a trade, can carry out the most elementary works of the same with correct yields.

20.8 Ordinary Pawn. It is the one whose task requires fundamentally the contribution of physical effort and attention, without any necessary prior knowledge or practice. Included in this category are the Lavachoches, Lavacamions, Engrasses, Vulcanizers and the Operaries of Service Stations not specifically included in previous definitions.

SECTION 3.A CONTRACT DURATION

Article 21.

The income to the work shall be effected in accordance with the applicable provisions in this field, having to formalize the contract in writing when required by any standard or be requested by any of the parties. If there is no written contract reflecting the essential elements of the contract and the main conditions for the performance of the benefit, the worker must be informed in writing in the case of a new role in the working centre and, in any case, when he so requests.

Article 22.

It is the wish of the undersigned organisations that stable employment in the sector can be encouraged. To this end, they will promote the necessary actions to ensure that the legal and socio-economic circumstances are possible. In order to facilitate the maintenance of the current level of employment in the sector and, if possible, the increase in the level of employment, the income of workers in enterprises may be carried out under the form of recruitment that is This is a very important and effective way of meeting the needs and interests of businesses.

Article 23.

The maximum duration of the probationary period, to be arranged in writing, will be six months for qualified technicians, three months for the rest of the group I staff and two months for the other workers.

Article 24.

The promotion, within each professional group, will be carried out by the company's management, previously consulted the legal representation of the workers in the company, taking as fundamental references the knowledge of the the basic tasks of the job to be covered, the experience of the duties assigned to that post or the like, the years of service provision to the company, the suitability for the position and the organisational powers of the company. The Staff Committee or Delegates may appoint one of its members to participate in the selective process.

The fact that a discharge occurs will not lead to the automatic existence of a vacancy, which will only be created when the Management of the companies is determined by virtue of its powers of organization of the work and according to the actual needs of the same.

Article 25.

With the aim of promoting the possibilities of placement of young workers, retirement will be forced, unless the company and each of the workers concerned make a pact to the contrary, when they meet the 60 and five years of age, provided that they have covered the period of absence necessary for entitlement to a Social Security pension of not less than 75 per 100 of their statutory basis for the benefit; otherwise, the compulsory retirement shall take place in the time at which the pension is entitled to the percentage.

CHAPTER IV

Day, breaks, holidays

Article 26.

The ordinary day shall be forty hours of weekly cash, on average annual computation, distributed irregularly in accordance with the criteria of the same as set out in the Collective Agreements or, in its This is the case for the company and the employees ' representatives. However, by way of collective agreement, a different duration may be fixed for the effective working day.

The ordinary day may not exceed ten hours per day; per agreement between the company and the representatives of the employees may be fixed, depending on the characteristics of the company, upper or lower limit to the day ordinary daily work provided that they are respected-except in cases of force majeure or to prevent or repair claims or other extraordinary and urgent damages-the daily and weekly breaks provided for in this General Agreement, in Collective or in laws or regulations of enforced observance.

The effective working days of the lower than the entry into force of this General Agreement will be respected by virtue of collective agreements, covenants, individual contracts or by mere concession of the companies.

Article 27.

1. In movement services and other activities directly linked to the departure and arrival of vehicles, which by their very nature extend discontinuously over a period of time exceeding twelve hours per day, the rest Between days may be nine hours provided that the worker is able to enjoy during the day of an uninterrupted minimum rest of five hours.

When this provision of Royal Decree 1561/1995 is used, the worker shall be entitled to receive the job supplement which the effect is agreed upon in the Collective Agreement or, failing that, by agreement between the representation of the company and that of the employees.

2. The provisions of this Article shall be made in accordance with the provisions of the lower-level conventions.

Article 28.

They shall have the consideration of overtime hours of work exceeding the ordinary day, daily or weekly, fixed in collective agreements or agreements of undertakings, as provided for in Article 26. For the purposes of the maximum limit of overtime, those which are compensated for equivalent rest periods shall not be computed within four months of their completion; these compensatory breaks shall be scheduled by common accord of the company and worker interested, preferably for the moments of less activity of the company.

Article 29.

The offer of overtime is a matter for the company and its acceptance, in general or for each specific case, will be voluntary for the workers.

Given the nature of the activity that the companies affected by this General Agreement carry out, the workers are obliged, notwithstanding the above, to carry out the necessary overtime for to complete the work of driving, delivery or delivery and collection, removal, preparation of vehicles and the documentation of the same ones that are initiated before the end of the ordinary working day, with the maximum limit legally established. Such extraordinary hours will have the condition of structural.

Article 30.

Annual holidays shall be of not less than 30 calendar days, or proportional share if the service time is less than one year, and may be effectively enjoyed in two periods at most, except in the case of in the course of the calendar year. In the event of termination of the contract of employment, the settlement shall be carried out.

In fixing the period or periods of your enjoyment, you will take into account the times of higher business activity, which may be excluded for such purposes.

The period or periods of your enjoyment shall be determined by common agreement between the employer and the worker, in accordance with the provisions laid down in the collective agreements on annual holiday planning. In the event of disagreement between the parties, the competent jurisdiction shall fix the date for the appropriate enjoyment.

The holiday calendar will be set in each company. The worker will know the dates that correspond to him two months before, at least, the beginning of his enjoyment.

The improvements will be maintained that as regards the holidays are already established in collective agreements of lower scope.

Article 31.

In the calendar of work that each company produces, in accordance with the provisions of Article 34.6 of the Staff Regulations and the additional provision of Royal Decree 1561/1995, the criteria must be set (a) the rules governing the irregular distribution of the working day which have been fixed in the collective agreement or, failing that, by agreement of the undertaking with the representatives of the employees.

CHAPTER V

Remuneration

Article 32.

All the economic perceptions of the workers, in money or in kind, by the professional provision of their labor services, whether they pay back the effective work, the times of presence or the rest periods They will be able to work, they will have the consideration of salary.

Article 33.

No salary consideration will be given to the amounts paid to workers by the following concepts:

(a) Compensation or compensation for expenses to be incurred by the worker as a result of his or her work.

(b) Compensation or compensation for transfers, displacements, suspensions or redundancies.

c) Social Security benefits and allowances. (d) Any other quantity paid to the worker for compensatory concepts similar to those previously related.

Article 34.

The salary structure will distinguish salary or base salary, salary supplements, and additional voluntary allowances.

Article 35.

The basic salary or salary shall consist of a fixed fee quantified in the Collective Agreement or, failing that, individual contract, which the worker shall be entitled to receive when he performs his or her work and during the Computer-based rest times as work.

Article 36.

Wage supplements that may be established by the Collective Agreements will necessarily be included in any of the modalities that are reflected in the following articles.

Article 37.

1. Personal allowances, which shall be those arising out of the personal conditions of the worker who have not been valued when the salary or basic salary is fixed. They are of a consolidable nature.

2. Economic promotion on the basis of the work carried out, which shall be payable from the first day of the calendar month following its expiry, shall be at the rate of 5 per 100 of the basic salary at five years, 10 per 100 at 10 years, 15 per 100 per year. fifteen years, and 20 per 100 to twenty or more years of computer services.

To workers who have received awards, plusses or allowances for seniority, whatever their denomination, in excess of that which results from the new system established in the preceding paragraph, (a) to respect in a personal capacity, for as long as it is more favourable to them, the right to charge the quantity which they received by way of such a concept on 31 December 1997; to which on that date they are in the process of acquiring a new temporary tranche; recognised at the time-unless both parties agree to another form of compensation-the right to charge, to personal title, the amount that they would have earned by consolidating it, calculated on the basis of the salaries in force at the time.

In the lower-scope conventions where the age is expressed in an express manner, it will be exclusively for the provisions of the same.

Article 38.

Job supplements, and therefore not consolidable, which will be those arising out of the special characteristics of the job or the way in which the professional activity is carried out, higher conceptuation than

that of the current job, including those included in the preceding article 19.4.

The salary supplement for the Nocturnity-in the event that such a circumstance has not been taken into account when setting the salary or base salary-will be paid for every hour or part of the hour worked between the twenty-two and the six of the tomorrow.

The remuneration of the job-add-ons shall be fixed in the Collective Convention or, in the absence thereof, an individual contract, in a percentage on the basic salary or in a fixed amount.

Article 39.

Add-ons by quantity or quality of work, which are established to give back a better quality or a greater amount of work done, and are, among others, the premiums or incentives, the activity and assistance pluses and the overtime. They are not of a consolidable character.

The premiums or incentives, the establishment of which is to be freely decided by the company, leading to the participation of workers ' representation in the terms laid down in Article 64 of the Staff Regulations. of the Workers, they will only become established from the correct performance. The amount of overtime shall be that which is fixed in the Collective Agreement and, in the absence thereof, the amount corresponding to the ordinary time.

The further substantial modification of the remuneration system with incentive will be accommodated in accordance with Article 41 of the Workers ' Statute.

Article 40.

Top-of-the-month periodic expiration add-ons, of a consolidable character. They are the extraordinary bonuses of July and Christmas and the participation in benefits or pay of March. The amount of each one of them shall be thirty days of salary or base salary plus, where applicable, the personal allowances, for each full year of services. If the service time is less than the year, they shall be paid in proportion to the services provided.

July's extraordinary gratification will be effective in July, according to the salaries in force at the end of June 30.

The extraordinary Christmas bonus will be made effective before December 22, according to the salaries in force at the previous 30 November.

March's profit or pay interest shall be payable from 1 January to 31 December of each year, becoming effective before the 15th of March of the following year on the basis of the wages in force at 31 December of the year of their accrual.

Companies that wish to do so may prorate in the twelve months of the year, prior to agreement with the workers ' representatives, all or some of the periodic maturity supplements higher than the month.

If, in the collective agreements at the lower level, it had been previously regulated in an express manner regarding the extraordinary rewards, it will be exclusively for the provisions of the same.

Article 41.

The plus of the agreement will have the legal nature and characteristics that, if any, will be fixed in the Collective Agreements that have it established or will establish it in the future.

Article 42.

In kind, such as maintenance and accommodation, the amount of which may not exceed 30 per 100 of the basic salary or salary.

Article 43.

Companies may assign to their workers amounts in cash or in kind on a voluntary, free and differentiated basis, at the discretion, without requiring acceptance or consideration, provided that such voluntary remuneration, (a) to be listed for all purposes in Social Security, be wholly independent of other remuneration concepts which the worker is entitled to receive by law, by this General Agreement, by collective agreement or by agreement individual. Their grant or modification shall not constitute discrimination on the grounds specified in Article 4.2.c of the Staff Regulations.

For the non-consolidated character with which this remuneration concept is agreed upon, the voluntary allocations granted from the publication of this General Agreement under agreements or covenants that authorize them with such They do not give the right to a complaint if they are reduced or withdrawn, except in the cases of discrimination referred to in the preceding paragraph.

Companies shall inform the representatives of the employees of the number of workers who have paid voluntary allowances in this period and of the percentage which they represent in relation to the mass gross wage of the entire enterprise or work centre.

If the lower-level collective agreements had previously been expressly regulated as regards voluntary allocations, they will be exclusively subject to the provisions of the voluntary allocations.

CHAPTER VI

Geographic Mobility

Article 44.

In order to contribute to improving their situation, through a more adequate organization of their resources, the company will be able to agree to the transfer of its workers, requiring change of residence, in the conditions and with the legally required requirements. These needs will be addressed first of all, with whom, by meeting the conditions of suitability, they will voluntarily accept their transfer; in the absence of these, they will have the preference to be affected by the mobility in the last place, in this order, the representatives of workers within the company, pregnant workers or children under one year of age and those with family burdens.

In the cases referred to in the preceding paragraph, the company must pay the travel expenses of the person concerned and the persons who live with him and transport his furniture and goods or, at the choice of the person, to pay the expenses for such transportation, and in addition to pay at least, as compensation for any other possible expenditure, the amount of two monthly payments of the salary or base salary corresponding to it.

If the shipment is at the request of the worker, it will not have this right to compensation, and if it is by common agreement between the two parties, the compensation, if any, will be the same.

Article 45.

If the worker's change of residence, due to the needs of the service, is temporary, it is called displacement.

Both travel and any other departure from the place of residence and the usual service of the service shall entitle the worker to be paid the amount of the trip, if he does not do so in vehicles of the In addition, in compensation of the expenses that such a displacement will cause, in the recovery of the diet, in the amount that in the Collective Agreements is established.

You will have the right to receive a diet of the staff who, because of the service, are obliged to have lunch, dinner or overnight and have breakfast outside the place of your home and the usual service of your service.

Collective Agreements may set out the specific circumstances that will entitle the receipt of allowances.

Article 46.

Unless the Collective Agreements have anything else, lunch will represent 35 per 100 of the amount of the diet; the dinner will be 25 per 100; the overnight stay will be 30 per 100; and the breakfast will be 10 per 100.

Companies, unless otherwise provided in Collective Agreement, will be exempt from the obligation to pay the part corresponding to the overnight stay if they provide the workers with accommodation; they will also not have the obligation to pay some allowance in the form of a diet for breakfast, lunch and/or dinner if the maintenance of the posted worker does not cost the same to be carried out by the company.

Article 47.

In the event that a temporary posting exceeds three months, with the maximum of one year, if in Collective Agreement no other thing is available the amount of the diets will be 85 per 100 of the ordinary.

In such long-term displacements, the worker will be entitled to return to his home of origin once every three months, to spend in the same four working days, which will be counted as worked. Both the cost of the trips and the time spent on them-in what coincides with their working day-were on behalf of the company.

Article 48.

If a worker passes away from the locality of his habitual residence because he is temporarily displaced by order of the company, the company will pay the costs of moving the body to the place of his habitual residence.

Article 49.

Without having the legal status of dieting, because of the fact that there is no movement to a location other than those of residence or service, the amounts that the companies pay for meals in the market will have (a) the amount of the aid, since it constitutes compensatory aid for making the worker's food, for the convenience of the service, outside the centre of work and his home. The amount will be 75 per 100 of the diet corresponding to lunch, unless otherwise available in company agreements or collective agreements.

CHAPTER VII

Disciplinary regime

Article 50.

The actions or omissions of the workers committed on the occasion of their work, in connection with or arising from the work, which constitute an infringement of the obligations of all kinds which the worker has imposed on him, are faults. the legal order under this General Agreement, the Collective Agreements and other rules and covenants, individual or collective, qualifying in light, serious and very serious.

Article 51.

They are minor faults:

1. Three faults of punctuality at work, without proper justification, committed in the period of one month.

2. Do not notify by any means with character prior to absence, being able to do so, the impossibility of going to work and its cause.

3. The abandonment of work within the day, without justified cause even for a short time.

4. Neglect or negligence in the preservation of the material.

5. The lack of respect and consideration of a slight character to the staff of the company and the public, including among themselves the faults of grooming and personal cleansing.

6. The non-use of the dressing room and equipment which has been provided by the company with instructions for use.

7. To miss work one day, without justified cause, in the period of one month.

Article 52.

Serious faults:

1. More than three non-justified errors of punctuality in the attendance at work, committed during the period of one month.

2. Miss two days to work, for a month, without justified cause.

3. Surrender to games, whatever, within the working day, if they disturb the service.

4. Disobedience to the orders and instructions of the employer in any matter of work, including the control of assistance, as well as not to comply with the administrative procedures that are budget or consequence of the activity that has to perform the worker.

5. The allegation of false causes for the licenses.

6. The repeated negligence or neglect in the work that affects the good march of the same.

7. The imprudence or negligence in act of service. The non-use of compulsory clothing and safety equipment is deemed to be an act of service.

8. To carry out without permission particular works during the day, as well as the use for own uses of the material of the company.

9. The lack of respect and consideration for those who work in the company, the users and the public, which constitute an infringement of the constitutionally recognized rights.

10. The abuse of authority on the occasion of the work, considering such the commission of an arbitrary fact whenever there is manifest and deliberate infringement of a legal precept and disservice known for a inferior.

11. Those referred to in Article 51 (2), (3), (4) and (7), provided that:

The lack of prior notification of absence (Article 51.2), the abandonment of work within the day (Article 51.3), or lack of work without justified cause (Article 51.7), are grounds for delay in departure of vehicles or produce a disorder in the normal development of the activity; and

That of the neglect or negligence in the preservation of the material (article 51.4) is caused damages for the company.

12. The reiteration or recidivism in a slight lack (excluding the punctuality), even if it is of different nature, within a trimester and having mediated sanction other than that of verbal admonition, and any other of nature analogous to the precedents.

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

Article 53.

Very serious faults:

1. More than 10 unjustifiable faults of punctuality committed over a period of six months, or twenty for a year.

2. Unjustified misconduct to work for three consecutive days or five alternate days in a period of six months, or ten alternate days for one year.

3. Indiscipline or disobedience at work. In any case, it will be regarded as a very serious failure when it involves breaking of the discipline or of it is caused to the detriment of the company or co-workers.

4. Verbal or physical offences to the employer or to persons working in the company or to family members living with them.

5. The transgression of the good contractual faith, as well as the abuse of trust in the performance of the work, considering as such the fraud or disloyalty in the démarches entrusted; the theft or theft, both to his colleagues of work and to the company or any person, carried out inside the premises or vehicles of the same or any place if it is in act of service; violating the secret of the correspondence or revealing to strange data that are known for the reason of the job.

6. Continuous and voluntary decline in the performance of normal or agreed work.

7. Habitual drunkenness or drug addiction if they have a negative impact on work.

8. The abandonment of the work, even if for a short time, if it were cause of accident.

9. Recklessness or negligence in the act of service if there is a risk of accident or damage to the machinery, vehicle or plant.

10. The recurrence of serious misconduct, even if they are of a different nature, provided that they are committed within a quarter and have been sanctioned, and any other in nature analogous to the precedents.

Article 54.

The absence of the worker's absence from work shall not be considered unjustified if he is subsequently acquitted of the charges that would have resulted in his arrest.

Article 55. Sanctions.

1. The penalties to be imposed by the disciplinary commission shall be as follows:

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

b) For serious misconduct: Suspension of employment and salary of three to fifteen days; postponement for promotion up to three years.

c) For very serious faults: Suspension of employment and salary of sixteen to forty-five days, definitive disablement for promotion; dismissal.

2. The fines imposed for infringements of the traffic and road safety provisions shall be met by the person responsible for the traffic and road safety.

Article 56.

The workers ' faults prescribe: On the ten working days the slight, at the twenty working days the serious and at the sixty working days the very serious, counted from the date on which the company became aware of the (i) the Commission's proposal for a directive to be adopted by the European Parliament.

Article 57.

Workers who wish to have their affiliation to a Trade Union consist of their employer, within the meaning of the last subparagraph of Article 55 (1) of the Staff Regulations, shall notify them in writing, the obligation to acknowledge receipt of the communication.

CHAPTER VIII

Collective Bargaining

Article 58.

The subject matter of this General Agreement, the Agreement on the Extractive Solution of Labor Conflicts (ASEC), the National Agreement on Continuing Training (ANFC), and, in all cases, are reserved for the negotiation of the State-wide scope. Case-law, the matters referred to in the last paragraph of Article 84 of the Staff Regulations.

However, in the negotiations at the lower territorial level, all aspects of the industrial relations which have not been the subject of negotiation in this General Agreement, as well as the subjects dealt with, may be regulated. in the same way as the Joint Committee decides or in this General Agreement, the possibility of further completion or development or negotiation in lower areas is envisaged.

Article 59.

Collective Agreements containing covenants on out-of-court settlement procedures for collective conflicts to resolve discrepancies arising in the application and interpretation of state or agreed rules, as well as in the periods of consultation in all or in any of the cases of strike, geographical mobility, substantial modification of conditions, suspension and termination of the contract of employment for economic, technical, organizational or production reasons arising from force majeure and collective dismissal, they must expressly collect the right of each of the parties to submit or not, in each specific case, to the arbitration procedure provided for, and this even if the mediation procedure may be binding.

Having agreed to ratify for the road freight sector the Agreement on the Extractive Solution of Labor Conflicts (ASEC), the pacts on this matter contained in the various Conventions Collectives will have to adapt as necessary to the ASEC, being null in all that they object to the provisions in it.

Article 60.

In matters or aspects not covered by the lower-level Collective Agreements, both pre-existing and subsequent to this General Agreement, the provisions of this Agreement shall be directly applicable to companies and workers. included in its functional scope.

Additional disposition first.

The current Top Inspectors will be ranked in the professional category of Service Chiefs.

Additional provision second.

The management of the companies and the employees ' representatives shall ensure the utmost respect for the dignity due to the worker, taking care especially that there are no situations of sexual harassment or abuse of any type, which shall be sanctioned in accordance with the provisions of Chapter VII, in the light of the gravity of the event.

First transient disposition.

the collective agreements in force on the entry into force of this General Agreement, falling within their functional scope, shall remain on their own terms until the expiry of the period in which they are located, without prejudice to the (a) the provisions of Article 8 (3) of the Staff Regulations shall be extended in accordance with Article 8 (3) of the Staff Regulations.

The new collective bargaining will have to be in line with the provisions of this General Agreement. If, by virtue of the autonomy negotiated by the legitimized parties, the law, the functional scope of the law exceeds that of this general agreement, the accommodation of the new collective bargaining to the provisions of this agreement is understood to be exclusively to the regulation on undertakings engaged in the carriage of goods by road and ancillary and ancillary activities.

Second transient disposition.

1. The remuneration for all higher concepts, considered as a whole and annual computation, which the workers enjoy at the entry into force of Collective Agreements in which this General Agreement applies, will be respected in the the amount of which at the time they are strictly personal.

2. The application of this General Agreement to the Collective Agreements and/or individual working relationships shall not in itself result in any reduction or increase in the number of perceptions as a whole and annual calculation without prejudice to the the remuneration structures of those Conventions and/or individual relationships the adjustments necessary to adapt them to the provisions of Chapter V of this General Agreement.

Final disposition.

The signatory parties assume the full content of the Second National Agreement on Continuing Training of 19 December 1996 and expressly ratify the State Sector for the carriage of goods by road of 6 February 1996. 1997.