Having regard to the text of the Basic Collective Convention of State-wide scope for the manufacture of Preserved Vegetables (code number 9901305), which was signed on 2 October 1997, on the one hand, by the National Federation of Associations of the Industry of Preserved Vegetables, representing companies in the sector, and, of the other, by the union headquarters General Union of Workers and Workers ' Commissions, representing the affected labor group, and in accordance with Article 90 (2) and (3) of the Royal Decree-Law 1/1995, of 24 June March, for which the recast text of the Law of the Workers ' Statute is approved, and in Royal Decree 1040/1981, of 22 May, on the registration and deposit of Collective Labour Conventions,

This Work General Address agrees:

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

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

Madrid, November 12, 1997. -Director General, Soledad Cordova Garrido.

BASIC STATE-WIDE CONVENTION FOR THE MANUFACTURE OF PRESERVED VEGETABLES

CHAPTER I

General provisions

Article 1. Territorial scope.

This basic Convention is applicable throughout the territory of the Spanish State.

Article 2. Functional scope.

The provisions of this basic convention regulate the employment relationships of all undertakings or workplaces whose main activity, and with respect to the principle of unit of enterprise, is the manufacture of preserved vegetables, pre-cooked dishes, juices and frozen plants, whatever the name and legal personality, private or public, of the undertakings concerned and of the staff who provide their services.

This industry is considered to be an industry of factories, workshops and industrial holdings engaged in the preparation or processing of vegetables, fruit and vegetables by means of a system of confection, drying or other any conservation process, proceeding with the packaging of the products, using the tin, glass, wood, cardboard or other means, as well as the workshops for the manufacture of packaging when they constitute dependencies annexed to the main activity.

Article 3. Personal scope.

The basic Convention shall apply to all workers and undertakings falling within the functional field, with the exception of those excluded and those affected by the special employment relations of Article 2 of the Staff Regulations. Workers or provisions of a general nature.

Article 4. Temporary scope.

1. Duration: The basic Convention shall be for an indefinite period, except in those matters where a specific term is agreed, in which case it shall be at the date of expiry.

2. Complaint: The party that intends to denounce the agreement must comply with the following rules:

(a) The complainant party shall notify the other party or the other party within the last three months of each calendar year, and the proposals for amendment shall be specified in the complaint.

(b) Where a matter is reported having a fixed duration, the complaining party shall notify the other in writing within the last month of the period of validity, expressing the proposed amendment.

(c) Potentially, the complaining party or parties shall transfer the complaint to the Central Labour Administration.

Article 5. Effects.

This basic Convention requires, as a law between parties, its signatories and natural or legal persons, on whose behalf the contract is concluded, to prevail against any other rule that is not necessary absolute. The same force of obliging has the annexes which regulate those negotiable matters for periods of not less than one year.

The agreed conditions form an indivisible whole, so the application of one or more of its rules cannot be intended to be forgotten by the rest, but to all intents and purposes it must be applied and observed in its entirety.

The conditions laid down shall compensate and absorb all existing conditions at the time of entry into force of this basic Convention, whatever the nature and origin of the present Convention, as well as those which may be established in the future by provisions of a general or conventional nature, with the exception of indemnities, supplies and benefits of social security under the delegated payment scheme.

Only the conditions agreed in this basic Convention may be modified when the new ones, considered as a whole and on an annual basis, exceed those agreed upon. Otherwise, the basic Convention shall remain on its own terms and without any modification of its concepts, modules and remuneration.

The conditions agreed in individual contracts formalised between undertakings and employees in force at the time of entry into force of this basic Convention shall be respected and which, on a global basis, exceed the same in set and annual computation.

This basic convention has the force of law and imposes for all the time of its validity, with the exclusion of any other, the totality of companies and workers understood in the areas mentioned.

Article 6. Joint Committee.

1.o A Joint Commission is established, whose functions will be:

(a) The mediation, arbitration and conciliation in the individual or collective conflicts that are submitted to them.

b) The interpretation and application of the agreed upon.

c) Monitoring of all agreements.

2.The agreements reached by the Joint Commission on matters of general interest shall be considered as part of this basic Convention and shall have the same binding effect. Such agreements shall be referred to the labour authority for registration.

3.o The Commission will be composed of six representatives of the trade unions and six representatives of the signatory business associations, who will be appointed from among the members of the Commission Convention.

4.Operating Regulation:

a) Meetings: The Joint Commission will meet:

For the exercise of the functions referred to in the preceding Article, paragraph 1, (a) and (b), when required to intervene.

For the case of paragraph 1, c), every three months.

(b) Convocation: The Joint Committee shall be convened by any of the signatory organizations, in order to do so by means of a written communication, in which the items to be dealt with on the agenda shall be expressed.

The Joint Commission will meet within the term that the circumstances advise in the light of the importance of the case, but which in no case will exceed 15 days from the call.

If it has been completed, the Commission has not met, the effect will be as follows: The intervention of the Joint Commission shall be deemed to be exhausted, and the interested party may exercise any action it considers relevant.

(c) Quorum-Advisors: The Commission shall be validly understood when the simple majority of each representation is present.

The parties will be able to attend meetings with the assistance of a maximum of two Advisors.

(d) Validity of the agreements: The agreements of the Commission shall in any event require the favourable vote of 60 per 100 of each of the two representations.

From each meeting, the minutes will be lifted, which will be signed by those who make Secretaries and a representative of each party.

e) Address: For the purposes of notifications and calls, the address of the Joint Commission is fixed at the headquarters of the National Federation of the Preserved Vegetable Industry, in Madrid, Calle Princesa, number 24.

5.o Obligatory to submit to the Joint Commission: The parties are obliged to submit to the Joint Commission all matters of general interest which arise in advance of any judicial or administrative action, without prejudice to the subsequent exercise of collective rights.

In any case, it should be negotiated under the principle of good faith.

CHAPTER II

Organization of the job

Article 7. Organisation of work.

The technical and practical organization of the work corresponds to the management of the company, in accordance with the legal provisions on the matter.

The systems of rationalisation, mechanisation and management of labour will not be able to damage the vocational training that staff have the right and the duty to complete and improve with daily practice.

mechanisation, technical or organisational progress will not be able to produce any reduction in the economic situation of employees in general; on the contrary, the benefits to be derived from them must be used for such that they improve not only the business surplus but also the workers ' situation.

CHAPTER III

Staff Classification

Article 8. General provision.

The professional categories set out in this basic convention are merely enunciative and do not imply the obligation to have all the places and categories listed if the needs and volume of the companies are not required.

Every worker is obliged to carry out as many works as his superiors within the competence of his professional category, and without prejudice to the provisions of Articles 23 and 39 of the Staff Regulations. Workers.

Those operators whose professional categories are not defined in this basic Convention shall be assimilated to those which, within the above mentioned, most closely resemble.

SECTION 1.A FOR YOUR FUNCTION

Article 9. Classification groups.

The staff at the service of the companies affected by this basic agreement are covered by one of the following professional groups:

1. Technical staff.

2. Administrative staff.

3. Workers ' staff.

4. Junior staff.

Article 10. Categories of the technical group of Technicians.

Technical personnel are in the following categories:

1. Technical with degree of higher degree.

2. Technical with middle grade degree.

3. Technical Head of Manufacturing.

4. Technical not titled.

5. Section Manager or Master.

Article 11. Categories of the professional group of administrators.

Administrative staff are in the following categories:

1. Head of first.

2. Head of second.

3. Head of sales.

4. First official.

5. Second officer.

6. Auxiliary.

7. Telephone.

8. Traveler or Seller.

9. Analyst.

10. Programmer.

11. Operator.

Article 12. Categories of the working group of workers.

Workers ' personnel are in the following subgroups:

A) Workers ' personnel of industry's own trades.

1. First official.

2. Second officer.

3. Machine operator.

4. Specialist.

5. Auxiliary.

B) Additional services personnel.

In cold chambers:

1. Machinist.

2. Driver's assistant.

In various trades:

1. First official.

2. Second officer.

3. Assistant.

Article 13. Categories of the professional group of Subalterns.

The subaltern personnel are in the following categories:

1. Store.

2. Vigilant jury.

3. Save or Porter.

4. Ordinance.

5. Cleaning staff.

SECTION 2.a BY YOUR APTITUDE

Article 14. Professional categories of the Technical Group.

1. Superior Technician: It is the one who, in possession of a higher degree issued by the State, through its official or legally recognized Universities or Special Schools, has been hired by the company in consideration of this title. professional, performs the duties of his profession and is paid exclusively or preferably by salary.

2. Middle grade technician: This is the one who, possessing a professional and official title other than the former, provides the services of his profession by performing his or her own functions, provided that he receives his remuneration in the form indicated for the technician with Higher degree.

3. Technical Head of Manufacturing: It is the Technician who has the maximum responsibility for the organization of the work and the order of the staff of the Section, according to the organization of the organization, to the limit in which its authority is established by the company. Its performance is subordinate to prefixed motives within which and with its own initiative it performs all kinds of studies of times and improvements of methods, programming, planning, inspection and control of all the cases: Study and development of the techniques of qualification, task assessment, job security, selection and training of staff. It must interpret all kinds of plans, interpretation and distribution of all kinds of complete tokens, make assessments of precise materials for works whose data are obtained both from plans and works. He may perform Head-on-Office missions within the scope of the functions relating to the use of machines, facilities and manpower, launch process, costs and results.

4. Technical not entitled: It is the one that, without the need for any professional title, for its preparation, recognized competence and practice in all or some of the phases of the elaboration process or services of the industry, exerts functions of executive character or specialised technician.

5. In charge of Section or Master: It is the operator who, with due knowledge and aptitude, is responsible for one or several Sections, having his orders to the corresponding professional staff, to whom he will enforce the work that is entrusted to him, being responsible for the performance and quality control of the product obtained and the work done.

The Manager will be able to obtain the names of the industry's own trades.

Therefore, among its own functions are the following, among others:

Monitor the conservation and performance of your Section's machinery and tools.

Take the direction of the staff to their orders, seeking the highest performance and taking responsibility for the order of the staff.

Be responsible for the good order, operation and monitoring of the processes or works entrusted to them.

Respond to the execution of the work programs that you are given.

Make the parts, statistics and reports that are ordered with the corresponding data.

responsibly accept the quality and termination of manipulated products and the raw materials used.

Monitor the good order of the files in the Section at your command.

Propose the penalties or award of prizes as far as the staff are concerned with their orders.

In relation to the production of cold and steam, the Master machinist, who is the operator capable of carrying out the assembly and disassembly of all the mobile organs of the machines in his care, as well as that of the valves, keys of passage, pipelines, etc., will be able to carry out the work required to keep the facilities in place, avoiding or preventing breakdowns. You should know how to read and interpret the reading of the indicator devices (thermometers, hygrometers, voltmeters, amperimeters, meters, etc.), in order to achieve always the due performance. It will also have the necessary mechanical and electrical knowledge for the conservation, entertainment and management of machines and devices that are to be used or entrusted to them, carrying out the necessary repairs.

Article 15. Professional categories of the Administrative group.

The general concept of administrative personnel includes those who perform office functions, such as accounting, billing, calculation, collection, correspondence, information technology, etc.

1. Chief Administrative Officer: It is the employee who, with complete knowledge of all administrative services, assumes the responsibility and administrative direction of the company.

2. Chief administrative officer of the second: It is the employee who, at the orders of the administrative chief of first or person who suppresses him in his duties, directs the administration of the company, a function which he exercises with a certain autonomy within the assigned task, ordering and controlling the work of the personnel serving their orders. The Accounting category which, with responsibility, is responsible for the accounting of companies, is assimilated to this category.

3. First Officer: It is the administrative that, with initiative and responsibility and with or without other employees to his orders he knows in depth the following works: Invoices and calculation of the same; calculation of statistics; carrying books of accounts Current, daily, major and correspondents; drafting of correspondence with own initiative; settlements and calculation of salaries, salaries and social security. He may act on the orders of the Head of First or Second, if any. Also included in this category are the Taquimecanographs that take the dictation 100 words in foreign language per minute, translating them correctly to machine in six.

4. Second Officer: It is the employee over the age of eighteen who, with limited initiative and responsibility, assists in his or her duties to the First Officer, if any, performs accounting records, manages the file and files and executes the other operations similar to those set out for First Officers. Also included in this category are the Taquimecanographers who take to the Spanish language dictation 100 words per minute, transcribing it correctly to machine in ten.

5. Auxiliary: It is the employee over eighteen years who performs elementary administrative operations, such as the calculation and the making of invoices, passes data in the payroll and book of auxiliary current accounts, confections receipts, letters of change and work of this order. This category includes the Cash Auxiliary and the Mecanographer. Also included are employees who perform duties and payments on a permanent basis.

6. Telephone: It is the employee who has the task of being in the care and service of the telephone exchange. In his absence he can be replaced by auxiliary administrative staff. Assimilated to the category of Administrative Auxiliary.

7. Travelers or Sellers: These are those that, in the service of the company, whose staff they belong to, carry out, traveling or not, operations of sale of products, following the instructions and orders of the management of the company in terms of routes, prices and conditions of sale, take note of orders, inform and take them and proceed to their collection. During their stay in the locality in which they radique the company, they may perform administrative or technical functions complementary to their professional activity.

8. Analyst: It is the person who, with knowledge of the techniques of organization of the work and the different types and possibilities of the computers, carry out the studies for the implementation, updating or modification of the process of data of the company and its progressive application to the other departments of the company. Assimilated to Head of Second Administrative.

9. Programmer: It is the person who dominates the techniques and coding languages of the computer to formulate the programs of general application or programs that execute determined works; assimilated to the Official of the first administrative.

10. Operator: It is the person who trained and practices in the operation and use of the computer knows how to correctly interpret the instructions given by the Programmers to achieve the desired end. Assimilated to the second administrative officer.

Article 16. Professional categories of the workers ' personnel group.

This professional group includes those workers who, with the necessary training, carry out the typical work of their specialty, be they principal or auxiliary and carry them out with initiative, responsibility and performance, according to your category.

The categories will generally be as follows:

A) Industry's own workers ' own trades:

1. First Officer: It is the operator who, at the orders of a person or person who suppositions him in his duties, knows and practices all the operations of a trade, with specialization and adequate performance. You can work individually or as a team with operators of equal or lesser status, being responsible for the quality of the work done.

2. Second Officer: It is that operator who knows and practices all the operations of a trade, with normal performance and quality of work. You can also work individually or as a team.

3. Machine operator: It is the operator that knows the operation, commissioning of the machines and installations, knowing how to read the devices and to interpret them with regard to normal running maneuvers; it will perform the appropriate oases, thus as the cleaning, preservation and monitoring of machines and installations of its Section.

Driver drivers of internal transport are assimilated to this category.

4. Specialist: It is the workers who have a prominent specialty in one or more of the functions or operations of the industrial process, and in which the usual skill and speed is required in the execution.

5. Auxiliary: It is the operator responsible for carrying out predominantly labors for whose realization the contribution of his physical effort is required, a simple operation, providing the necessary attention in each case.

6. Storage: It is the subaltern responsible for dispatching orders in warehouses, receiving the goods and distributing them conveniently so that they do not experience demerit in their storage and are easy to locate, as well as to register in the books or tokens the movement that has occurred during the day and to detect the needs of supply, etc.

B) Additional services personnel.

In cold rooms.

1. Machinist: It is the worker able to perform the disassembly and assembly of all the mobile organs of the machines in his care, as well as that of the valves, the keys of passage, pipes, etc. It will be able to make the splicing of straps and, in short, everything necessary to keep the facilities in place, avoiding or preventing breakdowns. You should know how to read and interpret the reading of the indicator devices (thermometers, voltmeters, amperimeters, meters, etc.), in order to always achieve the due performance. It will also have the necessary mechanical and electrical knowledge for the conservation, entertainment and management of machines and devices to be used or entrusted to them, performing the small operations.

2. Driver's assistant: It is the one that helps the Machinists in the task of their functions, being able to replace them eventually; they must know how to read the devices and to verify the appropriate oases, as well as the cleaning and preservation of machines and Section (s) of the Section; if it is permitted to do so, the crane operator's own functions, if the cranes are activated by electrical procedure or the ice stowage by any other mechanical procedure, are also functions of their own.

C) In auxiliary services.

Among the trades that we can consider as enunciative are the more typical of the Adjusters, Tornero, Electrician, Monter, Carpenter, Driver, etc., who must have the knowledge for the development of the functions assigned by the legal or conventional provisions establishing their respective definitions.

1. First official of auxiliary trades: It is the one who possesses one of the trades of the so-called classics, practices and applies with such a degree of perfection that not only allows him to carry out general works of the same, but those that suppose special pawn and delicacy.

2. Officer of the second auxiliary trades: They are in such a category that, without the specialization required by the perfect works, they execute the corresponding to a certain trade with sufficient correction and efficiency.

3. Assistant to auxiliary trades: It is the one who, having made the apprenticeship of a trade, has not yet reached the practical knowledge indispensable to carry out the works with the correction demanded of a second officer.

Article 17. Professional categories of the Subaltern group.

These are those workers who perform in the company functions of an auxiliary and complementary nature for which no other training is required than that acquired in the primary studies and they have only elementary responsibility, both administrative as command.

1. Jury: It is the worker who has as a priority task of order and supervision duties fulfilling his duties subject to the legal provisions in force that regulate the exercise of his position by means of title granted by the competent authority.

2. Guara o Portero: It is the one that has as a priority task of order, custody and surveillance functions, lacking the title of Vigilante Jurado de Industria o Comercio, taking care, mainly, of the accesses to the factory or offices, essentially of strange people to the company.

3. Ordinance: It is the subaltern whose mission is to do errands, to make collections or payments, to copy documents, to carry out the orders entrusted to him, to collect and to deliver correspondence and other similar works.

4. Cleaning staff: They are the workers in charge of cleaning and care of the services of general grooming, of the premises of common use and of those destined to offices.

Article 18. Subsidiary standard.

The general definitions of professional categories serve and can be applied to the different activities that are integrated or can be integrated into the sector, so that any job will be assimilated to one of the categories established, in accordance with the professional competence necessary to perform it.

SECTION 3.A FOR YOUR SALARY LEVEL

Article 19. Levels.

The salary levels will be those set out in the corresponding annexes for each professional category.

SECTION 4.A BY YOUR HIRING MODE

Article 20. Types.

Fixed, temporary, temporary, temporary, temporary, temporary staff contracts, for a given work or service, with the character of fixed discontinuous or otherwise any form of hiring, either full or part time, adapt to the forms and conditions laid down by the laws in force.

The contract may be extended to nine months within the period of twelve, in accordance with the authorization granted 15.1 (b) of the Law of the Workers ' Statute.

Article 21. Fixing of campaigns.

The campaigns will be fixed in accordance with the current legislation, with the report of the most representative trade unions and employers ' organizations.

In this sense, it will be taken into account that the campaigns must be determined in such a way that, when analyzing the time allocated to them, the sum of days worked will be sufficient for the campaign worker to qualify for the unemployment in the terms established by the law in this field.

You will also tend to have no interruption period between them.

Article 22. Call for campaign fixes.

The procurement will be done in accordance with the provisions of the Workers ' Statute and the call for compliance with these rules:

A) Fixed/discontinuous workers will be called by rigorous order of seniority as required by the volume of activity of each working center. If the structure and size of the company so advise, the company may create the Sections it deems necessary, as well as make a list for each Section for the appeal. A worker may be incorporated into one or more lists or Sections. When the creation of new Sections supports the modification of the order of appeal, the company will carry out the staff framework in agreement with the Business Committee or the Staff Delegates. The appeal will be made after a three-day notice at the beginning of the campaign. In no case will the creation of these Sections interfere in the permanence and priority of the oldest workers in the company.

B) The Staff Delegates or the Business Committee shall be aware of the written work contract models used by the companies.

Article 23. Censuses.

Each year, the companies will make and publish the census by work and sections, in which the staff will be related by means of hiring and by categories and, within these, by seniority in the company, professional category and seniority in the category.

The company will submit a copy of the census to the Enterprise Committee and publish it for staff knowledge, being exposed on the bulletin board within 15 days, and workers deemed to be harmed. may claim in writing within the same period of time before the company's management.

In the event that the company refuses the request or has elapsed fifteen days without having resolved the request, the affected person may take appropriate legal action.

CHAPTER IV

Revenue, promotions, and ceases

Article 24. Test period.

A probationary period may be concerned, which shall in no case exceed six months for qualified technicians, or three months for other workers, except for those who are not qualified, in which case the maximum duration shall be: 15 working days.

This trial period will have to be written and the temporary incapacity status will suspend you.

The employer and the worker are respectively obliged to carry out the experiences that constitute the object of the test.

During the trial period, the worker shall have the rights and obligations corresponding to his or her professional category and to the job he performs, as if he were a staff member and in accordance with the method of employment, except those arising from the resolution of the employment relationship, which may be produced at the request of either party during its course.

After the trial period without the withdrawal of the contract, the contract will produce the own effects of the mode under which they have been agreed, and, if necessary, the time of the contract will be computed. services provided in the company.

Article 25. Promotions.

The promotions regime will be subject to the following rules:

1. Workers ' staff: Official vacancies shall be covered by seniority, within each specialty, by the staff of the lower categories and provided that those to whom they are responsible are qualified as fit by the undertaking or declared as in the test to be submitted to them. If this is not the case, staff may be admitted to the staff.

With at least two months in advance of the start of the test for the ascent, the companies will make the appropriate call and the publication of the required programs. Such programmes shall provide the greatest clarity and precision with the necessary issues and knowledge which must always be in line with the tasks set out in this Convention for each professional category or job previously defined.

2. Subaltern personnel: The places of Porterers and Ordinances will be provided preferably within the companies among the workers who have diminished their capacity by accident or illness, without being entitled to subsidy for this cause.

If this circumstance does not exist, the company will freely appoint the personnel of this group among the workers of the same who request it, and if there are no applicants it will be freely appointed by the company.

Article 26. Procedure.

1. The Qualifying Joint Committee shall be composed of two members appointed by the Directorate of the Enterprise, one of whom shall act as President, and two workers of a category not less than those of the vacancies to be filled, appointed by the Committee of Company, who, by mutual agreement, will develop the program of subjects that will be required in the examinations.

The components of the Qualifying Mixed Commission will score individually, according to the established scale, proceeding at the end of the examination to compute the points awarded. In case of a tie in the score, the age will prevail, and in the event that the tie still persists, it will be decided in favor of the older one.

2. In the workplace of less than 50 workers, it will be necessary for the validity of the promotion that the employer will consult in advance in writing to the Staff Delegate, who will have to make all the arguments that he creates in the two days. In the event of non-compliance with this procedure, it will be possible to exercise the appropriate legal actions claiming the nullity of the ascent.

Article 27. Liguidation.

The staff who cease in the company will be given a liquidation of all the emoluments that correspond to him, in due detail, so that he can know exactly the nature and amount of the various concepts. The person concerned may consult with the legal representatives of the employees.

Workers who wish to cease voluntarily at the service of the company will be obliged to bring it to the attention of the company, fulfilling at least the following periods of notice:

Technical and administrative personnel: One month.

Deputy and worker staff: Eight days.

If the worker does not comply with this notice obligation, he/she will not be able to receive the termination or resignation until the date on which the company makes the next payment to the generality of its staff.

CHAPTER V

Day, overtime, breaks and holidays

SECTION 1.A DAY OF WORK

Article 28. Day.

The day will be adapted to the one set by the Law at any time, expressly reflected in an annex to this Convention the number of hours per year and the distribution of the same, so that the workers affected by the Convention know at every moment how and how many hours they have to do within their working time.

Article 29. Extensions.

Given the perishable nature of the raw material and the subjection of the raw material to the normal pace of transport, the undertaking may, in exceptional circumstances, be caused by unforeseeable or other delays, order the continuation of the day, in which case the excess of the day will be paid as structural overtime. In no case shall more than nine hours of effective working day be carried out.

The rest between day and day will be at least twelve hours.

The workers whose action starts or closes that of the others, will be able to extend their journey for the time strictly necessary for it.

Article 30. Organization of the day.

It will be the ability of the company to organize in the most convenient working hours, establishing such effects shifts of work, continuous day, etc., in accordance with the legislation in force.

Article 31. Day in fridges.

For staff working in cold rooms, the following cases will be distinguished:

a) The day in chambers of zero up to five degrees below zero will be normal.

For every three hours of uninterrupted work inside the cameras you will be granted a ten-minute recovery break.

b) In chambers of six degrees below zero to eighteen degrees below zero the permanence inside of the same will be six hours.

For every hour of uninterrupted work inside the cameras you will be granted a rest of the recovery of fifteen minutes.

It will complete the normal working day to be performed on the outside of the cameras.

c) In chambers of eighteen degrees below zero or below, the permanence within them shall be four hours.

For every hour of uninterrupted work inside the cameras you will be given a twenty-minute recovery break.

It will complete the normal working day to be performed on the outside of the cameras.

This staff, in proportion to the temperatures you must endure, will be equipped with the necessary protective clothing.

SECTION 2.A OVERTIME

Article 32. Overtime.

It is considered overtime to be performed outside or on the working day set out in the company's calendar, understanding it in its general acceptance and in the special schedules that may have or may have certain Sections, either by custom, organisation of production or agreement.

view of the serious situation of existing unemployment, and in order to promote employment, both parties agree on the desirability of reducing overtime to the minimum.

Similarly, it is stated that, due to the differentiating characteristics of the canning industry-maximum in periods of campaign-emergency or difficulty situations are given to normalise the process of manufacture.

According to this, the following criteria are set:

First. -Normal or regular overtime: Delete.

Second.-Extraordinary hours due to claims, exceptional damage or risk of loss of materials or products: Realization.

Third.-Extraordinary hours required by abnormal circumstances in the structure and organization of work (absence, shift changes, exceptional operations, high points of activity, etc.): Maintenance when not fit recruitment of casual or similar workers provided for in this Convention and additional legal provisions. The performance of overtime will be rotating, as far as possible, and voluntary ones in the present paragraph.

There will be no more than eighty hours of overtime per worker per year.

The company's management will inform the legal representatives of the workers and trade union delegates about the overtime, with a minimum of two weeks, or less, if they agree jointly.

The overtime, your number, unit amount and total, must appear as required by the legal precepts on the payroll. The legal representatives of union workers and delegates will advocate and demand that this be met.

Article 33. Price extraordinary hours.

The value of overtime shall be set for each category in the corresponding Annex to this Basic Convention.

SECTION 3.a BREAKS

Article 34. Weekly rest.

Workers will be entitled to a minimum weekly rest day and half-uninterrupted rest period which, as a general rule, will comprise Saturday afternoon and, if applicable, Monday morning and Sunday's full day.

Except for this general rule:

a) Jobs that are not susceptible to interruption.

b) The repair and cleaning work necessary to avoid disrupting the work of the week in industrial establishments, it being understood that only those which, if not carried out in the (a) on Sunday, to prevent the continuation of the operations of the industries or to cause serious damage and damage to them.

c) The surveillance work.

d) Perentory work due to force majeure.

Article 35. Schedules.

In each work center, the work schedule shall be indicated by means of a permanent sign placed on a visible site.

SECTION 4.a VACATIONS

Article 36. Holidays.

1. The worker shall be entitled to an annual period of paid leave, in proportion to the time worked, the duration and amount of which is set out in the corresponding Annex.

Paid leave and temporary incapacity for work less than one year shall not be deducted for holiday purposes. The fact that a paid leave is paid during the holiday period shall not be entitled to the recognition of such licences.

The company's management will determine the time of year for the enjoyment of the holidays, after consulting the representatives of the workers, attending to the needs of the service and respecting the following criteria:

1.o The employer may exclude as a holiday period the one that coincides with the company's increased seasonal production activity.

2.o Once the period of the previous number is excluded, the staff will be distributed among the resulting shifts in the same proportion for each shift, except in another direction.

3.o If within the holiday period there is a public holiday, the worker will be compensated in such a way that in no case will he perform even more or less than the established annual day.

4.o The holiday period may be split by agreement of the parties.

2. The Staff Committee or Delegates of Personnel, together with the Directorate of the Staff, shall assign the persons in each shift, the union delegate having to be heard, if any. The allocation criteria to be respected shall be as follows:

a) The necessary services of the different Sections or departments of the company must be covered at all times.

b) Workers with family responsibilities will have a preference for their own to coincide with school holiday periods.

c) The list of each shift shall be drawn up on the basis of the workers ' proposals. The discrepancies will be resolved in the light of the age and the category, without this right being able to be enjoyed for more than one year, passing this right at once in antiquity for the following year.

3. The holiday calendar shall be fixed at each working centre in such a way that the worker knows the dates which correspond to him two months before, at least, at the beginning of his enjoyment.

4. In no case, the holiday shall be liable to economic compensation, except in the case where the worker causes a loss in the course of a year, to which, when the finiquito is practised, the worker shall be compensated, in cash, by the proportional holidays which may correspond to you, bringing the resulting amount in the course of having enjoyed more days than the proportion of the amount corresponding to the date of the discharge.

Discontinuous, temporary and temporary workers will receive the remuneration corresponding to the proportion of holidays, according to the days actually worked, with the amount of daily wages.

CHAPTER VI

Licenses and Exceeds

SECTION 1.a LICENTS

Article 37. Licenses.

The regulation of this matter will be carried out as laid down in the Workers ' Statute.

By warning of possible advance notice, the staff affected by this Convention may be absent from work entitled to pay for any of the reasons and during the following periods of time:

a) For fifteen calendar days, in case of marriage.

b) Two days of work in the event of the death of parents, children, spouse or siblings, both in consanguine and affinity lines. These permits shall be extended to four days when the event occurs outside the locality and the posting requires the worker more than half a day on each round trip in the normal transport mode.

c) For one day per transfer from your usual address.

d) For the time indispensable for the fulfillment of an inexcusable duty of public and personal character. Where it is established in a legal or conventional rule for a given period, it shall be available for the duration of the absence and its economic compensation.

e) By birth of children: Three days.

f) If the worker needs to go to a doctor's office for reasons of illness during the working day, the company will pay the amount of the hours not worked for this cause, up to a limit of 50 per 100 of his salary, without this benefit being able to exceed four days each year.

Article 38. For studies.

Workers who must be screened as a result of being enrolled in an official centre, for reasons of study or professional career, shall apply for leave from the undertaking, which must be granted by the employer. time required and up to a maximum of ten days per year. This permit shall be paid in respect of the most-seniority and duly justified salary of the Convention, and that at least half of the subjects ' subjects have been approved in the ordinary or extraordinary convocation. examinations.

The driver's examinations are excluded from these licenses, to which the worker must attend for incorporation to the Administration or company other than the one in which he provides his services.

The worker shall be entitled to the adjustment of the ordinary working day for the attendance of vocational training courses, or to the granting of the appropriate training or vocational training leave with the reserve of the job.

Article 39. Unpaid leave.

1. In general, staff who carry a minimum of two years of service in a company may apply for unpaid leave, no later than 15 days or more than 60 days, and shall be granted within the following month, provided that the allow the needs of the service and adequately justify the reasons for its request.

No worker will be able to apply for a new license until two years after the last one was granted.

2. Irrespective of the foregoing, the fixed staff who have established a minimum of one biennium at the service of an undertaking may apply for leave without a salary for a period of not less than 15 days and not more than 30 days and shall be granted within the following 30 days, depending on the needs of the service and upon appropriate justification of the reasons for its request.

The granting of this license will be conditional upon the following:

1.o That at least the worker has worked in the company more than one hundred and eighty days, actually and effectively, in the year immediately before.

2.o The periods or campaigns of maximum business activity are expressly excluded.

3. During the duration of the licence the company will extend the absence of the affected worker in the Social Security.

Article 40. Seniority in licenses.

No effect will be deducted from the time spent on the regulated licenses in this section, except for employees who have applied for three or more unpaid leave or in total for more than six months within the year. In such cases, all the effects must be deducted, the time resulting from the addition of the different licences enjoyed.

SECTION 2.A MILITARY SERVICE

Article 41. Military service.

During the time of service delivery, either mandatory or voluntary (to replace the compulsory), the company must reserve the worker for up to thirty calendar days after the licensing. The same period may also be used by the company for reinstatement.

The operator will request in writing, addressed to the company, its reinstatement and, if the deadline set in the previous paragraph is allowed to elapse without rejoining its job, it will lose the right to re-entry, and the work contract will be automatically resolved by the worker's will.

Conscientious objectors will be entitled to the job reserve for the duration of their replacement service and the same time frame for their reinstatement.

SECTION 3.a EXCEED

Article 42. Surplus.

Excesses can be voluntary or enforced and will only affect the firm's fixed staff:

Voluntary: Workers of the companies referred to above with an age of at least one year may apply for voluntary leave.

The following are essential conditions for granting:

a) Written request with expression of the reasons.

(b) A formal undertaking that, during the time of leave, the worker is not to be engaged in the same business as the undertaking which has been granted it, neither on his own account nor on behalf of others, whose non-compliance will be the cause of extinction of the employment relationship, with loss of the right obtained.

The requests for excess will be resolved within 15 days of your submission and will be met within the needs of the service.

The time of excess shall not be less than two years and not more than five years.

The surplus worker retains the right to return to vacancies of the same or similar category as there would be or would be in the company, to which effect it will have to apply within the period between the Thirty-sixty calendar days prior to the end of the surplus, in the case of the refusal of the employment relationship.

This excess, not computing maternity cases to this effect, will only affect:

In companies of up to 50 workers, two of them.

In companies with more than 50 employees, 2 per 100 of them.

The same rules regarding requirements for petition, incompatibility, preferential right, re-entry and percentage, will apply to the surplus requested by the workers, for a period not exceeding three years, for take care of each child's care, from the date of birth of the child.

Forced: You will be entitled to the preservation of the post and to the calculation of the age of its validity and shall be granted to the worker in whom the following circumstances are present:

(a) Haber has been elected or appointed for the performance of a public office, of a state nature, of regional, provincial or municipal nationality, by means of an appropriate electoral process, for all or each of the fields of character general.

When for these same charges were designated by virtue of official appointment, approved in the Council of Ministers and competent organs of the State, nationality, region,

province or municipality and published in the corresponding official bulletins or through appropriate administrative resolution.

(b) In addition, workers who, in accordance with their Statute, carry out trade union functions at a provincial or higher level for the duration of the financial year, may apply for their transition to the situation of leave of absence in the undertaking. his representative position.

In the case of suspension for the exercise of a representative public office or union functions of a provincial or higher level, the worker must be reinstated within 30 calendar days of the cessation of the the service, charge or function.

In all cases of leave of absence and as long as they last, until the surplus is not rejoined to the job, it shall not be entitled either to the salary or to the time spent in such a situation to no effect, except for seniority on the enforced surplus.

(c) The right to reserve the post of employment for workers who are caring for children shall be governed by the provisions of Article 46 of the Royal Decree of Law 1/1995 of 24 March 1995, by which it is approves the recast text of the Law on the Workers ' Statute.

CHAPTER VII

Remuneration

SECTION 1.A OF SALARY

Article 43. Remuneration levels.

In the Annex to salary tables, the remuneration levels corresponding to the different professional categories shall be fixed, in the form of hours, daily, monthly or annual.

The wages agreed in this basic convention and its annexes are fixed in accordance with the working day established and payable in the corresponding professional activity and category.

Article 44. Payment of salary.

The salary payment will be made for weekly, fortnightly, twenty-eight-day or calendar-month cyclical periods, according to custom.

The worker may apply for advances on account of the amounts that are due, up to the limit of 90 per 100, provided that he establishes the need for his application to the workers ' representatives. The advance shall be cancelled at the time of the payment of the payment for the period in question.

For category increases it is taken as a rule that if it occurs until the 15th day, inclusive, it will be considered as if it were on the 1st of that month and if it is after the 15th day, it will be delayed until the 1st of the next month.

The payment receipt of the salary will be adjusted to the model authorized by the current legislation.

The overtime and the production premiums will be closed to the purpose of being able to make the payroll, in advance necessary for this, which in no case will exceed twelve days, accumulating the days not included in the next month.

The salary, its advances, as well as the payment of the benefits to the Social Security can be effected by the employer in legal tender, or by means of a heel or transfer, or other similar payment method, through credit institutions.

Only the delivery of the heel, payment in cash, if by exceptional circumstances so it will be realized, and signing of salary documents of payment, will be carried out in the working hours and in the place of work.

No holds of any kind may be made on wages that are not provided by the Law, by a pact or by a judicial mandate.

Article 45.

1. Arrangements applicable up to 31 December 1995: All the fixed staff affected by this Convention shall receive an increase for years of service consisting of two-year periods of service of 2,5 per 100 each.

The discontinuous fixed workers will become the personal complement of antiquity, computing the biennies at the rate of the time actually borrowed or, what is equal, for every four hundred and fifty days of effective work.

2. Scheme applicable from 1 January 1996: The age covered by this Article shall be fixed at the amount of each worker as at 31 December 1995. This amount, which shall be supplemented by 'ad personam', shall have the same percentage increases as are agreed for the basic salary and shall not be the subject of compensation or absorption with the remuneration of the concepts salary of this Collective Agreement.

As of 1 January 1996, workers in the sector will cease to be permanently established and as compensation the table of the base salaries of the Convention will be increased during 1997 and 1998 by 2 per 100, respectively.

Article 46. Pluses of penosity and dangerousness.

The staff affected by this basic Convention and who provide their services in works which are declared by the relevant criminal and dangerous judicial authority, shall be entitled to receive a plus the amount of which is set out in the Annexes, provided that there is no reduction in working time for these concepts.

This supplement is of a functional nature and its perception depends exclusively on the performance of the works to which it is recognized or to those that have been recognized so far by the judicial authority or individual pact, Therefore, the character of the consolidable is not even "ad personam".

Article 47. Plus de nocturidad.

The staff working between the twenty-two and the six hours will receive, for each hour at this time, a plus of nocturnity consisting of 25 per 100 of the base salary existing at 31 December 1993 corresponding to each category.

It is excluded from the perception of this plus workers who have been expressly hired for night work.

Article 48. Extraordinary pagas.

Every worker shall be entitled to two monthly allowances, consisting of the equivalent of thirty days each of them from the salary of the table of the basic Convention, increased with seniority corresponding to thirty days. They will be paid on 16 July and 16 December.

Staff who have entered the course of the year or who will cease during the year will be paid the two extraordinary bonuses of July and December prorated their amount by time in relation to the time from the date of its entry, for the first, and from the last due payment, for the latter, for which the month fraction will be computed as a complete unit.

Article 49. Stay Award.

It is established for the establishment of a permanent staff an award of residence equivalent to thirty days of the salary of the Convention, more seniority, if any, according to the same remuneration as the basis for the payment of the Extraordinary bonuses of July and Christmas. This stay award will be paid in two halves: one on March 18 and one on October 18.

SECTION 2.A MOVE AND MOVE

Article 50. Transfers and displacements.

Transfers and displacements will be governed by the provisions of Article 40 of the Royal Legislative Decree 1/1995 of 24 March, which approves the recast text of the Law of the Workers ' Statute.

If one of the spouses changes residence by transfer, the other, if he or she is a worker of the same company, will be entitled to the transfer to the same location, if he or she has put in work.

Article 51 Diets and travel expenses.

Diets are constituted by compensation or expenses due to the worker who, because of the service, is forced to a displacement outside the locality where his usual center of work is located.

The amount of the diet will be set in the Annex on travel expenses.

These allowances will be paid on the basis of the duration of the displacements and the need to use the different paragraphs.

When the worker does not make the journey in vehicles of the company he will be entitled to be paid the amount of the trip, in the means of transport that he has been authorized to employ.

CHAPTER VIII

Fouls and Sanctions

Article 52. Fouls.

The actions or omissions that assume bankruptcy or lack of knowledge of the duties of any kind imposed by the laws in force and, in particular, by the present Collective Agreement are considered to be faults.

The faults will be classified into consideration of their importance in light, serious and very serious.

Article 53. Minor foul rating.

The following are considered minor faults:

1. From one to three faults of punctuality in the attendance at work, without due justification and committed within the period of one month.

2. Do not notify in two working days the corresponding low temporary incapacity for work or the reason for the lack of work for justified reasons, unless it is proved impossible to do so.

3. The abandonment of work without justified cause for a short time.

4. The incidental lack of grooming and personal cleansing.

5. Do not communicate the change of domicile, within ten days of production.

6. Missing work one day a month, unless there is cause to justify it.

7. The occasional drunkenness.

8. Read during the work any kind of printed or non-activity publications.

9. Leave clothing or effects outside the sites indicated for preservation or custody.

Article 54. Classification of serious faults.

The following are serious faults:

1. From four to eight faults of punctuality in a period of thirty calendar days.

2. To miss two days of work without justification in a period of thirty calendar days.

3. Do not communicate with the punctuality due to the changes experienced in the family that may affect the benefits of the Social Security.

4. Give yourself to games during the working hours, be these of the kind you are.

5. Simulate the presence of another worker, using his signature, token or control card.

6. The imprudence in act of service, if there is a risk of accident for the worker, for his companions or danger of breakdown or fire of the facilities or goods could be considered as a very serious fault.

7. To carry out particular works during the day, as well as to use for own tools of the company, even when it happens outside the working day, without the opportune permission.

8. The concealment of facts or faults that the worker has witnessed, provided that it causes serious harm, as well as not immediately warn his Chiefs of any anomaly of importance that is observed in the installations.

9. The malicious concealment of errors and mistakes that cause injury to the company.

Article 55. Classification of the very serious faults.

The following are very serious faults:

1. Repeated and unjustified failures of assistance or punctuality to work:

(a) In such a situation, more than eight non-justified faults of punctuality in a period of thirty calendar days and sixteen non-justified faults of punctuality in a period of one hundred and eighty calendar days shall be considered.

(b) In the case of lack of assistance, it is not possible for the absence of work for three days, without justified cause, for a period of thirty days.

2. Fraud in the management and theft or theft, either to the company or to his or her co-workers or to any other person within the premises of the centre of work or during an act of service anywhere.

3. To make disappear, to use or to cause damage in the first areas consciously, such as tools, machinery, appliances, installations, buildings, articles or documents of the company.

4. Breach the secret of the correspondence or documents reserved for the company or the workers.

5. Reveal to the company foreign elements required reserve data.

6. Physically or verbally assault your superiors or peers.

7. Causing serious accidents, by negligence or inexcusable recklessness.

8. Cause frequent or unjustified squabbles and pendences with your coworkers.

9. Smoking in places where it is prohibited for reasons of safety and hygiene. This prohibition must be clearly indicated in the places indicated by means of posters, flags or any other suitable system.

10. The transgression of good contractual faith, as well as the abuse of trust in the performance of the work. Among others, the refusal to give account of the content of packages or envelopes to the departure of the work when requested by the personnel responsible for this mission, with the guarantees established in the Article 18 of the Staff Regulations.

11. Continued and voluntary decline in normal or agreed performance at work.

Article 56. Sanctions.

The penalties to be imposed in each case, according to the faults committed, will be as follows:

1. For minor fouls:

a) Verbal assembly.

b) A written statement.

c) Suspension of employment and one day's salary.

2. For serious faults:

a) Loss of the right to choose the holiday shift for the next holiday period.

b) Suspension of employment and salary of two to 15 days.

(c) Disablement by no longer than three years for the promotion to a higher category.

3. For very serious faults:

(a) Suspension of employment and salary from sixteen to sixty days.

(b) Disabling for a period of not more than five years for the step to a higher category.

c) Loss of the right for choice of holiday shift if-guides.

d) Despid.

Article 57. Enforcement of sanctions.

All the penalties imposed will be enforceable since they are issued, without prejudice to the right of the sanctioned to claim before the competent jurisdiction.

Article 58. Prescription.

With regard to workers, minor faults will be prescribed at ten days; the serious ones at twenty days, and the very serious ones at the age of 60 days, from the date on which the company became aware of its commission and, in any case, the six months of the mission.

Article 59. Procedure.

1. It corresponds to the address of the company or person to whom the power to award prizes or to impose sanctions is delegated.

2. Companies shall communicate to the legal representation of workers and to the trade union delegate, where appropriate, the penalties for serious and very serious misconduct which they impose on workers.

3. There will be no need to instruct the case in cases of minor faults. The examination of cases for the imposition of penalties for serious or very serious misconduct will not be necessary either. In any event, the notification of the same shall be made in writing, detailing the fact that it constitutes the fault and the nature of the sanction imposed, except in the verbal admonition.

If, in order to clarify the facts, the company decides to open the case for the imposition of sanctions, the person concerned shall have the right to formulate a statement of discharge and to carry out the tests he proposes and Judgment of the instructor, which must be completed within a period of not more than one month from the opening of the proceedings.

4. In cases where a penalty is imposed for serious or very serious misconduct to the legal representatives of workers who are in the performance of their posts, or to those who have not passed one year since the extinction of the its mandate, the opening of a file, which shall conform to the following rules, shall be required:

(a) The company shall notify the worker of the opening of the file, simultaneously communicating the statement of objections containing the facts on which the file is based.

(b) In the same document as the opening of the file, an impartial Registrar and instructor shall be appointed by the undertaking.

(c) The instructor shall forward the written statement to the person concerned so that, within five days, he shall expose the allegations and propose the practice of the evidence which he considers relevant.

In addition, this document will be notified to the legal representation of the workers so that, within five days, it will make, if necessary, any allegations it deems appropriate.

(d) Finalised the opening of the file, the undertaking shall notify the worker, in writing, of the penalty imposed, the date from which it takes effect, and the facts in which it is founded.

Article 60. Employers ' work offences.

The provisions of Law 8/1988, of April, and other current legal provisions will apply.

CHAPTER IX

Safety and hygiene

Article 61. General rule.

The worker, in the provision of his services, will be entitled to effective protection in the field of safety and hygiene.

The worker is obliged to observe in his work the laws and regulations of safety and hygiene.

For the forecast of risks, companies and workers will make effective the rules on Vigilante and Safety Committees, according to the Safety and Hygiene Ordinance.

The employer is obliged to provide practical and adequate training in the field of safety and hygiene for workers who are engaged, when they change jobs or have to apply a new technique that they can cause serious risks to the worker himself, to his colleagues or third parties, either with his own services, or with the intervention of the corresponding official services. The worker is obliged to follow these teachings and to carry out the necessary practices when they are held within the working day or in other hours but with the counting at that time spent on them.

Article 62. Safety at work.

Industries and workers will be obliged to comply with all the existing provisions on safety and hygiene at work, in particular with regard to the cold production premises, Machines, appliances and cold stores.

Article 63. Hygiene at the premises.

The premises will meet the appropriate sanitary and environmental conditions with means to keep them clean and in hygienic condition, being the obligation of the workers to respect the norms that to this effect the Management of the company.

Article 64. Medical examinations.

Workers affected by this basic Convention shall have the right and the duty of a general medical review, appropriate and sufficient, at least once a year. The companies will ensure that the same takes place within the working day.

Article 65. Hygiene services.

Every working centre shall have sufficient supplies of drinking water, as well as rooms of changing rooms and toilets, showers and services, in accordance with Articles 38 to 42 of the General Security Ordinance and Hygiene.

Article 66. Right to change of job.

Prior to the medical report, the pregnant woman shall have the right to change the place of work, from when the pregnancy is detected, when the place where she is developing her work is in danger to the mother or the foetus.

Article 67. Working garments.

Companies will make it easier for all producers, with a general character, to make two work items per year, including two pairs of boots, each item being delivered for every six months of effective work.

The preservation, cleaning and grooming of these garments will be carried out by the producers, who will be obliged to dress them during the working hours, not being able to do so outside of the same and being said garments of ownership of the company.

In terms of gloves, the necessary pairs will be provided, with due control over their use by the company.

Also, the use of redecillas or headwear, which will be provided free of charge by the company, will be mandatory for the staff.

Regardless of what the general legislation on the matter provides, companies will provide staff working in low-temperature chambers and frozen section, an appropriate isolation team for such work, exercising over its use the due control.

Article 68. Boob.

The company will take care of the endowment and maintenance of the first or fourth sanitary kit installed, in accordance with the current safety and hygiene provisions.

Article 69. Industrial cold.

1. Work premises in which industrial cold occurs and where there is a danger of the release of harmful gases or fuels shall be separated in such a way as to permit their isolation if necessary. They shall be equipped with devices which detect and warn of leakage or leakage of such gases and which are fitted with a mechanical ventilation system which allows for rapid evacuation to the outside.

2. When a large exhaust gas is produced, once the premises are dislodged by the staff, it must be isolated from the immediate premises, putting in service the forced ventilation.

3. If these escapes occur on the machine premises, the operation of the compressors shall be stopped by means of remote controls or controls.

4. In any industrial refrigeration plant, respiratory protective devices shall be available against gas leaks, the type of gas being chosen according to the nature of the gases.

5. In cold storage facilities using ammonia, sulphur dioxide, methyl chloride or other harmful agents in sight, respiratory masks should be used to protect the eyes or to wear tight fitting glasses.

6. In the case of installations based on carbon dioxide, autonomous breathing apparatus of air or oxygen shall be used, which shall be prohibited by filter type.

7. The breathing apparatus, the goggles and the protective gloves will be used when it is essential to penetrate the premises where large gas escapes have been produced or to produce and in the repair work, change of elements of the installation, load, and so on.

8. The breathing apparatus must be kept in perfect condition and in an appropriate manner and place, easily accessible in the event of an accident. The effectiveness of the staff in their employment shall be checked regularly.

9. The system for closing the doors of the refrigeration chambers will allow them to be opened from the inside and it will have a light signal indicating the existence of persons inside.

10. Staff who are required to remain on premises with low temperatures, chambers and cold storage rooms shall be provided with suitable clothing, cubks and leather footwear with insulating floor as well as any other necessary protection for this purpose.

11. Workers who have to handle keys, taps, etc. or whose hands must come into contact with very cold substances, will be provided with gloves or manopses of insulating material from the cold.

12. When the worker is admitted, and with the necessary periodicity, he will be instructed on the dangers and harmful effects of the frigid fluids, protections to avoid them and instructions to follow in case of leaks or gas leaks. All this shall be indicated, uncharacteristically, in posters placed in the usual places of work.

Article 70. Canteens.

In the area of dining rooms, the provisions of current legislation will be in place.

Article 71. Diminished capacity.

All workers who, by accident at work or occupational disease, with a reduction in their physical or intellectual faculties suffer a diminished capacity, will have a preference to occupy the most suitable positions, in relationship to the conditions that exist in the company. In such cases, the salary to be paid to the worker in his new category shall be that assigned to that professional category.

Companies whose staff exceeds 50 fixed workers shall reserve at least 2 per 100 of the same for the workers included in the register of disabled workers in accordance with the provisions of Article 11. of Decree 2531/1970 of 22 August.

Article 72. Staff hygiene.

Staff with direct contact or intervention in the manufacture and handling of food products will strictly observe all hygiene and sanitary measures.

Companies will provide workers who need it all the means necessary for them to obtain the certificate of food product manipulator.

Similarly, the company will determine the rules to be observed by all persons who, without direct contact, access the premises where the manufacturing functions are performed.

It will also be taken into account that among the hygiene measures of the staff will be the provisions of the Ordinance on Safety and Hygiene at Work.

CHAPTER X

From the representation of workers

Article 73. Trade union rights.

Companies will respect the right of all workers to be freely stated, they will admit that workers affiliated with a union can hold meetings, collect quotas and distribute union information outside of hours. and without disturbing the normal activity of the companies, they will not be able to hold the employment of a worker to the conditions that they do not take hold or renounce to their union affiliation and also not to dismiss a worker or to hurt him of any other form because of their membership or trade union activity. The trade unions may send information to all companies in which they have membership in order for it to be distributed, outside the working hours and without, in any event, the exercise of such a practice being able to disrupt development. of the production process. In the case of workplaces holding a staff of more than 100 workers, notice boards shall be held in which the duly established trade unions may insert communications, for which they shall direct copies thereof, prior to the address of the company or the ownership of the centre.

Article 74. From the trade unions.

The union that claims to have the right to be represented by personal ownership in any company must prove it to the union in a feisty way, recognizing this, then, to the union delegate its condition from the union representative to the legal effects.

The representation of the union will be held by a union delegate in those job centers with staff that exceeds 150 workers and when the unions have a membership of more than 25 workers.

The union delegate must be an active worker of the respective companies and appointed in accordance with the statutes of the central or union to whom it represents. He will preferably be a member of the Enterprise Committee.

Article 75. Functions of the trade union delegate.

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

2. They may attend the meetings of the Committee of Enterprise, the Committee on Safety and Hygiene at Work and the Joint Committee on Interpretation, with a voice and without a vote.

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

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

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

a) About layoffs and penalties that affect the union members they represent.

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

6. They will be able to collect quotas from their affiliates, distribute union propaganda and hold meetings with them, all outside of effective working hours.

7. In the case of meetings, both parties, as regards the procedure, shall adjust their conduct to the laws in force.

8. The Delegates will have their tasks to perform the functions that they are of their own.

Article 76. Union quota.

At the request of workers affiliated to the trade unions holding the representation referred to in Article 86, the companies will discount the amount of the trade union quota on the monthly workers ' payroll corresponding. The worker concerned in carrying out such an operation shall forward to the management of the undertaking a letter in which he shall clearly express the order of discount, the central or union to which he belongs, the amount of the fee, and the number of the Savings bank account or cash account to which the corresponding amount must be transferred. The undertakings shall carry out the following measures, unless otherwise indicated by the person concerned, during the one-year period.

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

Article 77. Accumulation of hours.

Staff Delegates and members of the Business Committee shall have the credit of paid monthly hours that the Law determines.

With regard to the possible accumulation of paid monthly hours, the members of the Committee, as constituents of the Committee, will be able to give them up to 100 per 100 of which they correspond, in favour of a worker your own trade union centre. The hours of ceding shall be those referred to in the current month and, in any case, warning the management of the undertaking ten days in advance, at least, to the date of the transfer.

Article 78. Anti-union practices.

Regarding the assumptions of practices that, in the opinion of some of the parties, may be described as anti-union will be the provisions of the Laws.

Article 79. Reference to standards.

For all that not expressly included in the previous articles, the parties to the labor union action will be within the provisions of the Workers ' Statute and the Organic Law on Freedom of Association.

Supplementary disposition.

Denunciation of the Convention: Notwithstanding the indefinite validity of the body of the Basic Convention, the following rules are established for your complaint:

The Convention, in whole or in part, may be amended by the will of the contracting parties.

Second. -Any party may denounce the Basic Convention every five years. The complaint shall be made at a notice within 90 days before the end of each five-year period.

Third. The denunciation of the annexes must be made within the last month, before the end of its validity.

Fourth. -Exceptionally, for the second year of validity, the parties may request a maximum of three questions pertaining to the basic Convention.

The party denouncing the Basic Convention or the Annexes shall communicate it to the other party by means of a written document in which the precepts to be renegotiated are expressed.

First transient disposition. Equating the time value.

The contracting parties agree to equate the value of the overall hourly wage of the staff receiving the daily or monthly remuneration with the staff who are remunerated for a global hourly wage. This equalization, which began in 1990, will be adjusted to the new economic situation in such a way that the differences will be reduced in the amounts resulting from the specific salary tables set out in the Annexes for the years 1994, 1995 and 1996. It is expressly excluded from this equalization, by its very nature, the permanence prize provided for in Article 50 of this Convention and which is exclusively established for the fixed staff of the staff.

Second transient disposition. Assimilation of categories.

From the date of publication of this Convention, the catalogue of categories set out in Annex VIII to the Agreement of 5 May 1989, published by Resolution of 2 June 1989 (Official Gazette), shall enter into force. of the State " of 22) and reproduced below.

Transitional provision third. Call for discontinuous fixed.

Under the terms of number 2 of the Act of Principle of Agreement signed on 19 September 1997, the Deliberative Commission of the Collective Agreement agrees to the appointment of a Technical Commission for a new Article 22 (A), first subparagraph, first subparagraph. Call for discontinuous fixed, keeping the rest of it, and in the meantime a transitional arrangement with the following text will be incorporated into the Convention:

(a) The appeal will be made in a rigorous order of seniority, within each professional group, with the employer being empowered within them for the development of the functional mobility recognized by the Laws.

b) Professional groups for discontinuous fixed workers will be as follows:

First: Enloaded and intermediate controls.

Second: Trade personnel.

Third: Auxiliary staff and specialist in vegetable preserves.

The appeal for the officio personnel will be made according to the age in their category and office (Electricians, Mechanics, etc.), without this appeal taking into account the general character of point a).

(c) The current professional categories, their equalisation and promotions between them and all the wording of the Convention affected by this will be reviewed and redrafted to cover the new category structure and groups and professionals, following the philosophy established in this respect by the Interconfederal Agreement on the Coverage of Vacios, signed between CEOE, CESME, UGT and CC.OO. The new wording will be completed by 30 October 1997. If divergences are maintained to that date, the parties agree to submit to the arbitration at the ASEC.

(d) Workers who, in accordance with the procedures laid down in the Convention and in the Act, are entitled to a higher category, shall have the right to reserve their seniority number for their appeal in the preceding one. category or professional group, in order not to prejudice the promotion of the discontinuous fixed in the enterprises, in each case perceiving the salary corresponding to the work actually carried out.

e) The amendments to the order of appeal will be in force from 1 January 1998 and the current text of Article 22 will be valid until that date.

Category and salary levels assimilation catalog

Level

Old Wage/Categories/New Categories

1. Of the template fixed staff

Graduates:

Top title. /1.1/Technician with higher degree degree.

Title not higher. /1.3/Technical with middle grade degree.

Untitled technicians:

Technical head of manufacturing. /1.6/Technical Head of Manufacturing.

Travelling. /1.9/Traveller or Seller.

Administrative:

Head of first. /1.2/Head of first.

Head of second. /1.4/Head of second.

Official first. /1.7/Official first.

Official second. /1.11/Second Officer.

Auxiliary. /1.14/Auxiliary.

Telephone from eighteen to twenty years. /1.14/Telefonista.

Manufacturing personnel:

General Manager. /1.5/Untitled Technician.

Packaging Manager. /1.8/Section loaded.

Technical Auxiliary. /1.13/Specialist.

Store. /1.13/Warehouse.

List-Watcher. /1.13/Jury jury.

Portero-Ordinance. /1.13/Guarda or Portero.

Buttons over eighteen years. /1.13/Ordinance.

Peonage:

Specialist Pawn. /1.13/Specialist.

Pawn. /1.13/Auxiliary.

Workers:

Official first confide. /1.10/Official first.

Second confide officer. /1.12/Second Officer.

Locator. /1.13/Specialist.

Assistant for over eighteen years. /1.13/Auxiliary.

Refrigerated cameras:

First machine. /1.12/Machinist.

Helper. /1.13/Driver assistant.

Auxiliary trades:

Official first. /1.10/Official first.

Official second. /1.12/Second Officer.

Other categories:

Head of Sales. /1.4/Second Administrative Chief.

Analyst. /1.4/Second Administrative Chief.

Programmer. /1.7/First administrative officer.

Operator. /1.11/Second administrative officer.

Recorder. /1.14/Administrative Auxiliary.

Cleaning staff. /1.14/Auxiliary.

Aspirants, Buttons, Pinches and Help for seventeen years. /1.15/Aspirants, Buttons, Pinches and Help for seventeen years.

Aspirants, Buttons, Pinches and Help for sixteen years. /1.16/Aspirants, Buttons, Pinches and Help of sixteen years.

2. Of the discontinuous and eventual fixed staff

First Officer, First Officer, and Toner builder. /2.10/Official first.

Second Official, Second Officer. /2.12/Official second.

First and second machines. /2.12/Machine operator.

Cerrador, Escalder, Fogonero, Cocedor and Peon specialized. /2.13/Specialist.

Pawn, Auxiliary, and Assistant. /2.14/Auxiliary.

Aspirants, Buttons, Pinches and Help for seventeen years. /2.15/Aspirants, Buttons, Pinches and Help for seventeen years.

Aspirants, Buttons, Pinches and Help for sixteen years. /2.16/Aspirants, Buttons, Pinches and Help of sixteen years.

ANNEX I

Workday

The annual working day, both for the continuous day and for the departure, will be one thousand seven hundred and ninety hours.

Within the concept of effective work will be understood to be the time schedules used in the continuous days as rest (snack), or other interruptions when, through legal regulations or agreement between parties or the organisation of the work itself is understood to be integrated in the daily working day, whether they are continued or not.

Companies will be able to perform in campaigns, for up to eighty working days per year up to nine ordinary hours of daily working with respect to daily and weekly rest times. The rest of the working hours shall be apportioned on a proportional basis on the other working days of the year and shall be considered extraordinary in excess of the difference on the maximum working day set out in this Annex.

They will have the consideration of extraordinary hours that exceed nine in the eighty days of the campaign and those that exceed the daily working day that proportionally results in the remaining days.

ANNEX II

Holidays

The annual paid leave will be thirty calendar days for 1997 and 1998.

The vacation will be paid on the basis of the salary of the agreement and seniority, corresponding to thirty days.

Staff who enter or cease in the company in the course of the year will be entitled to the proportional portion of the time worked, with the fraction of the month exceeding fifteen days as a complete month.

ANNEX III

Compensation for death or invalidity

The companies affected by this Convention will contract a global insurance policy, in favour of their employees, which will have effects as long as they are high in the company and in the Social Security, so that, in case of death by natural death, the rights of the right-holders shall receive the amount of 300 000 pesetas; in the event of death or of absolute permanent incapacity for the purpose of accident at work, the amount shall be 1,750,000 pesetas.

The validity of this annex will be until 31 December 1998.

ANNEX IV

Retirement

1. Early retirement.-A worker who is sixty-four years of age during the term of this Convention and who intends to benefit from early retirement, established in the Royal Decrees of 20 August and 19 October 1981, will apply for within 30 days of the date on which he or she fulfils that age or within the same period of time, from the date of publication of this Convention in the "Official Gazette of the State", in the event that he has previously complied with that age. publication. The undertaking shall, within 30 days of receipt of the request, decide whether or not to accept the requested retirement. In the event of non-acceptance, it shall communicate it to the Joint Committee, stating the reasons for the simple knowledge. Case of acceptance and benefit of the undertaking to the benefits established, it shall be obliged to hire another worker who is entitled to any of the unemployment benefits or young claimant of first employment by means of contract of the same nature as the extinguished.

The application of the provision of work by reason of a new contract may be carried out by the company in the workplace other than the one in which the retired worker paid his services.

2. Compulsory retirement. -Workers who have the necessary period of absence and who meet the age laid down to be entitled to normal retirement (sixty-five years at present) must be required to retire at the end of the companies can facilitate new employment.

ANNEX V

Travel and diets

The amounts to be met by the companies in the posting cases that entitle them to daily allowance or allowance shall be as follows:

(a) From the date of validity of this Annex and until 31 December 1997:

For breakfast, 323 pesetas;

For food or dinner, 1,676 pesetas, and,

For overnight stays, 3,868 pesetas.

b) From 1 January 1998:

For breakfast, 336 pesetas;

For food or dinner, 1,743 pesetas, and,

For overnight, 4,023 pesetas.

(c) The validity of this Annex shall be from the date of publication of the Convention in the "Official State Gazette".

ANNEX VI

The wage tables for 1997 and 1998 will be drawn up with an increase of 4.5 and 4.2 per 100, respectively. These increases comprise the compensation of 2 per 100 referred to in Article 45 of the basic Convention of 25 September 1995.

ANNEX VII

Inapplication of the wage regime

Companies which, in accordance with Article 82.3 of the Law on the Status of Workers, are in a situation of economic instability may be separated from the remuneration laid down in the Convention. Collective, under the following conditions:

(a) The separation period shall not extend beyond 31 December 1997 or 1998 respectively.

(b) The Joint Committee of the Basic Convention should be informed, on a preliminary basis.

c) A period of prior consultation with the legal representatives of workers of a maximum duration of 15 days should be established.

d) If there is no agreement, the differences to the Joint Commission shall be submitted in order to mediate between the parties.

The separation of companies will apply, where appropriate, to the wage increases of 1997 and 1998.

ANNEX VIII

Remuneration of workers in temporary work enterprises

Workers of temporary employment companies who, as of the date of publication of this Collective Agreement in the "Official State Gazette", provide services in the user companies covered by the application of this Collective Agreement, must receive the salary established in this Collective Agreement for the corresponding category of work, being of account of the temporary work enterprises the payment of such remuneration. This obligation must be included in the contract for making available.

This clause will be applied in the new contracts for making available, respecting the established conditions in which they are in force at the entry into force of this Collective Agreement.

Single additional disposition. Accession to the ASEC.

The parties agree to expressly submit to all of the stipulations contained in the ASEC ("Official State Gazette" number 34 of 8 February 1996).

ANNEX IX

Final remuneration table for 1997 and 1998

1. FINAL REMUNERATION TABLE FOR 1997

For Fixed Template Staff

Pesetas/hour

Plus Penosity

dangerousness/Pesetas/Time

-

Extra Hours/Salary Year

-

Pesetas/Salary month

-

Pesetas/

Levels

Level 1.1/137.123/2.056.845/1.596/111

Level 1.2/126.623/1.899.345/1.466/105

Level 1.3/126.623/1.899.345/1.457/102

Level 1.4/121.095/1.816.425/1.394/95

Level 1.5/121.025/1.815.375/1.381/95

Level 1.6/118.668/1.780.020/1.366/94

Level 1.7/115.288/1.729.320/1.320/92

Level 1.8/114.931/1.723.965/1.314/92

Level 1.9/111.044/1.665.660/1.268/89

Level 1.10/107.023/1.605.345/1.265/92

Level 1.11/106.342/1.595.130/1.256/91

Level 1.12/106.220/1.593,300/1.239/91

Level 1.13/102.346/1.535.190/1.231/91

Level 1.14/102.346/1.535.190/1.220/91

Level 1.15/85.244/1.278.660/-/-

Level 1.16/78.429/1.176.435/-/-

For the fijo-discontinuous and eventual staff

Parts

proportional

-

Pesetas/Pesetas/Time

Plus Penosity

dangerousness/Salary

time-global

-

Pesetas/Hour-Extra

-

Pesetas/Time/Salary

base/time

-

Pesetas/Levels

Level 2.10/538/299/837/1.227/92

Level 2.12/534/297/831/1.215/91

Level 2.13/514/286/800/1.205/91

Level 2.14/514/286/800/1.205/91

Level 2.15/428/238/666/-/-

Level 2.16/394/219/613/-/-

1. In the global hourly wage is included the 55.65 per 100 of all the proportional parts corresponding to Sunday, in its case Saturdays, holidays, holidays and extraordinary rewards. The contribution to the Social Security contribution shall be made by the hourly wage.

2. This table has been incorporated in the second paragraph of Article 45 of the basic convention of 25 September 1995 ("Official State Gazette" of 10 October 1995).

2. FINAL REMUNERATION TABLE FOR 1998

For Fixed Template Staff

Pesetas/hour

Plus Penosity

dangerousness/Pesetas/Time

-

Extra Hours/Salary Year

-

Pesetas/Salary month

-

Pesetas/

Levels

Level 1.1/142,882/2.143.230/1.663/116

Level 1.2/131.941/1.979.115/1.528/109

Level 1.3/131.941/1.979.115/1.518/106

Level 1.4/126.181/1.892.715/1.453/99

Level 1.5/126.108/1.891.620/1.439/99

Level 1.6/123,652/1.854,780/1,423/98

Level 1.7/120.130/1.801.950/1.375/96

Level 1.8/119.758/1.796.370/1.369/96

Level 1.9/115.708/1.735,620/1.321/93

Level 1.10/111.518/1.672.770/1.318/96

Level 1.11/110.808/1.662.120/1.309/95

Level 1.12/110.681/1.660.215/1.291/95

Level 1.13/106.645/1.599.675/1.283/95

Level 1.14/106.645/1.599.675/1.271/95

Level 1.15/88,824/1.332.360/-/-

Level 1.16/81,723/1.225.845/-/-

For the fijo-discontinuous and eventual staff

Parts

proportional

-

Pesetas/Pesetas/Time

Plus Penosity

dangerousness/Salary

time-global

-

Pesetas/Hour-Extra

-

Pesetas/Time/Salary

base/time

-

Pesetas/Levels

Level 2.10/561/312/873/1.279/96

Level 2.12/556/309/865/1.266/95

Level 2.13/536/298/834/1.256/95

Level 2.14/536/298/834/1.256/95

Level 2.15/446/248/694/-/-

Level 2.16/411/229/640/-/-

1. In the global hourly wage is included the 55.65 per 100 of all the proportional parts corresponding to Sunday, in your case, Saturdays, holidays, holidays and extraordinary rewards. The contribution to the Social Security contribution shall be made by the hourly wage.

2. This table has been incorporated in the second paragraph of Article 45 of the basic convention of 25 September 1995 ("Official State Gazette" of 10 October 1995).