Having regard to the text of the Convention of Great Stores (convention code number 9902405), which was signed dated June 26, 1997, on the one hand, by the National Association of Medians and Large Distribution Companies (ANGED), representing the companies in the sector, and the other, by the trade unions CC.OO, FASGA and FETICO, representing the working group concerned, and in accordance with the provisions of Article 90 (2) and (3) of the Royal Decree Legislative 1/1995, of 24 March, approving the recast of the Law of the Statute of the European Workers, and Royal Decree 1040/1981, of 22 May, on the registration and deposit of Collective Labour Conventions,

This Work General Address agrees:

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

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

Madrid, October 23, 1997. -Director General, Soledad Cordova Garrido.

LARGE WAREHOUSE COLLECTIVE AGREEMENT

TITLE I

Individual rights

CHAPTER I

Scope and Review

SECTION 1.a AMBITO

Article 1. Functional scope.

This Collective Agreement establishes the basic rules that govern the minimum working conditions of companies that have been governed by the Collective Convention of Large Stores.

This Convention shall also be governed by this Convention:

A) As companies: The National Association of Medium and Large Enterprises of Distribution (ANGED), which did not have a concurrent Collective Agreement, and the following:

A. 1 Those that have the purpose of a commercial activity primarily engaged in mixed retail trade in medium and large areas, with one or more work centers organized by departments, provided they meet with national level a sales area of not less than 15,000 square metres, in any of the following ways:

A. 1.1 Large stores: These are those companies that have one or more retail outlets, which offer a broad and relatively deep assortment of various product ranges (mainly articles for the equipment of the household, clothing, footwear, perfumery, food, etc.), presented in multiple departments, in general with the assistance of a sales staff, and who also put various services at the disposal of the clients.

A. 1.2 Hypermarkets: This is understood by those companies that have one or more retail establishments, which offer mainly in self-service a wide range of food and non-food products. for sale, which normally has a parking lot and offers various services to the customers.

A. 1.3 Department stores: These are those retail outlets, which together in their commercial treatment the essential characteristics of the group of Large Stores, are equipped with a smaller range, with ranges of limited products, with a reduced volume of sales staff.

A. 2 Companies belonging to a business group, irrespective of the activity they develop, may be covered in this functional area, provided that the main undertaking is in any of the described above.

A. 3 The companies engaged in specialized retail trade are expressly excluded from the application of this Convention to the sole purpose of the sale, exclusively, of any of the following groups of products or any of the potential sub-groups (Royal Decree 1560/1992), which may contain such products:

Food, beverage, and tobacco products (52.2).

Pharmaceuticals, perfumery and drogery (52.3).

Textiles, clothing, footwear and leather goods. Household equipment (52.4).

Vehicles, motorcycles, bicycles and their accessories. Fuels and lubricants.

Other specialized retail trade.

The companies of supermarkets, super-services, self-services, and consumer and consumer cooperatives, which will be governed by their specific regulations, are excluded from the application of this Convention.

B) As workers: Those who, as of the entry into force, provide their services with employment contracts in the companies included in the scope of application, whether the works they carry out are commercial, or any other activity that is developed within the workplace and belongs to the same company.

This Convention shall not apply to persons who are included in one of the cases referred to in Articles 1.3 and 2 of the Royal Legislative Decree 1/1995 of 24 March, approving the text recast of the Law of the Workers ' Statute.

Article 2. Territorial scope.

This Convention will be applicable throughout the territory of the Spanish State for companies and workers included in the functional field.

Article 3. Temporary scope.

The general term of this Convention shall be initiated from the date of signature, ending on 31 December 2000. The economic effects will be rolled back to 1 January 1997, with the exception of the express provision contained in the Convention itself.

SECTION 2.a REVIEW

Article 4. Formalities and deadlines.

1. The denunciation of the Collective Agreement made by any of the parties entitled to do so, in accordance with Article 87 of the Staff Regulations, shall be made in writing and shall contain the provisions intended to be reviewed. as the scope of the review.

The complaint, made in accordance with the preceding paragraph, shall be transferred to each of the parties entitled to negotiate, before the last month of the Convention's validity; otherwise it shall be automatically extended, according to the Law.

2. The conditions agreed in this Convention shall, in any event, continue until their new revision; however, from the beginning of the deliberations, only their obligation clauses shall remain in force and shall remain in force for the time being. regulatory content.

As of the second week of January 2001, the Constitution of the Negotiating Commission of the Convention will be established, which will have to set the date for the start of the negotiations before the end of the fourth week of the same year. month.

CHAPTER II

Organization of the job

Article 5.

The practical organization of work, subject to the provisions of this Collective Agreement and the general legislation in force, is the faculty of the company's management.

The system of rationalisation, mechanisation and management of the work to be adopted can never be detrimental to vocational training which staff have the right to complete and improve in practice, and the legal representatives of workers in all decisions relating to technology, the organisation of work and the use of raw materials which have a physical and/or mental impact on the worker.

CHAPTER III

Revenue, professional groups, contract modes, promotions

SECTION 1.A REVENUE AND TRIAL PERIOD

Article 6.

In new creation centres or in those where new sections or services are organised, jobs will be covered, where appropriate, with new hires, subject to the legislation in force, free of charge. the designation of the undertaking or promotion, in accordance with the rules of this Convention.

Article 7. Test period.

The income of the workers shall be considered as a test, according to the following scale, corresponding to the classification of the staff in the different professional groups listed in Article 8. To know:

Group of Mandos: Six months.

Technical Group: Six months.

Coordinators groups: Four months.

Professional Group: One month.

Getting Started Group: One month.

These periods will be of effective work, and therefore, the situation of temporary incapacity, whatever the reason for it, will be.

SECTION 2.A STAFF CLASSIFICATION

Article 8.

Depending on the professional skills, qualifications and general content of the provision, the following five professional groups and the specific content that define them are established on a normative basis. The responsibilities required in the definitions in order to graduate workers ' membership to the various groups may not be used for sanctioning purposes.

Defining professional groups

Professional Initiation Group:

Basic theoretical training equivalent, at least, to a School Graduate or similar. The objectives and working methods are examined and set under supervision, in advance. The worker receives precise indications about the methods to be used and the development of the work is controlled by a superior, so he must not and must not make autonomous decisions, except for the simple/obvious that demands the realization of any task. The work is fully standardized and standardized, the procedures in uniform and there are directly applicable instructions requiring only some initiative or personal contribution to complete and adjust the norms to the concrete work. The information needed for the work is obtained directly and immediately. The post does not imply any direct or indirect responsibility in the management of Human Resources, but it requires knowledge of the basic safety standards, inherent in each post. With regard to economic responsibility, its errors and faults only affect the mission of the post, without affecting the rest of the organization, except when they refer to the service provided to the clients or affect the image of the company, in which Case may be significant. Saves confidentiality about the basic information that exists in your work area.

Professional Group:

Theoretical or acquired training in practice, up to a level equivalent to FP, BUP or similar. The tasks carried out are the same as those carried out by the Initiation Group, but its implementation is developed with a greater degree of autonomy based on the experience acquired. With the superior one defines the overall conception of the tasks, during whose realization there is possibility to consult it punctually and the final result is verified; consequently, it exercises some autonomy when deciding on the concrete application of the methods to achieve the objectives. The tasks are normally standardised and are carried out under general instructions, although some personal input is required to adapt the rules to work in the face of new situations. Occasionally applies some actions or procedures to select, search, discriminate, etc. the necessary information, which is not always present, so it is necessary to perform actions to obtain it, actions that require skills normal, based on experience. The position does not imply direct responsibility in the management of Human Resources, although it requires knowledge and compliance with the basic safety standards that are inherent to it. With regard to economic responsibility, the actions or omissions only affect the mission of the post, with a slight incidence in the productive unit, except when referring to the service provided to the clients or affecting the image of the company, in whose case may be significant. You have access and confidentially use the basic information in your area.

Coordinators Professional Group:

Theoretical or acquired training in practice, up to a level equivalent to Medium or similar. It makes by definition the own tasks of the Professional Group but with absolute autonomy, since with the superior it evaluates the final result, only the general objectives are concretized, but not the methods, which are decided autonomously, there is no supervision during the process unless the occupant requests it, without being able to constantly demand hierarchical assistance. A greater degree of initiative and creativity is also required, as there are rules and instructions, but they must be interpreted and fully adapted to set the concrete guidelines of the task. In order to obtain the information, it requires specialized knowledge, obtained through appropriate training. Manages human resources, carrying out actions aimed at guiding and directing the behavior of colleagues in the Group of Professionals or of Initiation to their position towards the achievement of the objectives, supervising the functions they develop and exercising, in the case of a delegation, responsibilities for the achievement of results, implementation and management in general. Know and report on safety standards. Its actions or omissions affect goods whose deterioration impairs one or more productive units and whose economic impact is important. Access and use relevant information with serious consequences.

Technical Group:

Degree at the level of the Higher or Middle School or Faculties supplemented by specific studies. It performs with a high degree of autonomy complex activities with defined and concrete objectives and can be based on very broad guidelines on one or more sectors of the company. The worker has to decide in an autonomous manner on the processes, methods and validity of the final result of his work within the objectives set by the company. All this entails a great contribution of technical expertise. In the performance of your work you need to identify the information that requires and execute the actions that lead to the appearance of the information, to its obtaining and to its processing. The responsibility for their mistakes and faults has important negative effects on the operation of the company.

Mandos Group:

Theoretical or acquired training in the equivalent practice of a Higher Degree or Doctorate. To the immediate orders of the Directorate and participating in the elaboration of the company policy, it directs, organizes, coordinates and takes responsibility of the activities in its post.

The employee has to decide autonomously about the process, methods and validity of the final result within the objectives set by the company, without specifying in the practice of hierarchical assistance. The instructions are set out in general terms, and must be interpreted and adapted to a great extent, with the authority to set guidelines, for which a great personal contribution is required inescapably. The performance of the post requires identifying what kind of information is needed and, in addition, carrying out specific actions to cause its appearance and allow its obtaining. In terms of HR management, he decides, opting for a line of action on a set of employees, and it is his responsibility to train the people who are under his dependency. Designs, dictates and/or ensures safety standards. Economically, the responsibility for its errors and faults directly or indirectly affects the entire organization; in addition to being able to imply important immediate economic consequences, it has important negative effects on the functioning of the company. Consequently, it has access and uses privileged information from which very serious consequences can be derived.

SECTION 3.A CONTRACTUAL MODALITIES AND PROHIBITIONS ON RECRUITMENT

Article 9.

The hiring of workers will be in accordance with the general rules on placement in force at any given time and the specific rules contained in this Collective Agreement, the companies being committed to the use of the different modes of procurement provided for in the law, in accordance with the purpose of each of the contracts.

The following sections will apply to the different procurement modes:

1. The conditions laid down in this Convention relate to the performance of the ordinary maximum day agreed in Article 31 of this Convention and shall therefore be applied in proportion to the effective working day which is perform.

2. All workers will enjoy the same licenses or permits, paid holidays, weekly wage regimes, extraordinary pay, option to training courses, same percentage as sales commissions, etc., provided that they are compatible with the nature of their contract in proportion to the time actually worked and the divisible or indivisible nature of the benefits which may be provided to them.

3. Full-time contract workers who wish to start their employment contract by processing it on a part-time basis may do so in accordance with the company's management, in which the new working conditions will be established.

The reduction of the day by legal guardian shall not be considered as a contract of employment.

4. Independently of the contract mode, the probationary period shall be governed in accordance with the provisions of Article 7 of this Collective Agreement.

5. For the purposes of fixing the basic remuneration of contract workers, except in training, for days less than that agreed in Article 31 of this Convention, the basic hourly wage for their group shall be taken as the basis for calculating the professional.

6. Workers who, from the signing of the Collective Agreement, are employed by the same undertaking in one or more forms of employment currently in force for a period of more than three years, shall be employed within a period of four years. to be fixed workforce workers. Contracts of interinity are exempted from such measures.

Article 10. Training contracts.

A) Contract of work in practice: The provisions of Article 11 of the Workers ' Statute will be included.

A. 1 The suspension of the contract of work in temporary incapacity practices will interrupt the time of duration agreed for the practices, except express pact or loss of bonuses by the employer Contractor.

A. 2 Where the contract is concluded for a duration of less than two years, the parties may extend the duration of the contract for a minimum of six months, but not exceed the maximum period of two years.

A. 3 The basic remuneration of contract workers will be that corresponding to their professional group, all in proportion to the effective working day they perform.

A. 4 The jobs under this type of contract are those of the Technical and Coordinators groups. In the group of professionals it will be possible to recruit in practice if, towards the future, the knowledge required for the position is the subject of a specific vocational training of middle or higher grade or officially recognized as equivalent.

B) Contract for training: The provisions of Article 11 of the Workers ' Statute will be in place.

B. 1 The duration of this contract may not be less than six months, not more than three years, and may be extended for periods of six months up to the end of three years, except for sales and cash-in-office functions. The ceiling shall be eighteen months and 12 months respectively.

From the previous one, the companies that agree with their Intercenters Committee will be excepted a training plan that contains for the functions in question some complementary training modules that justify the duration maximum of three years, although in this case, the worker must be paid a remuneration during the exceptional period which may not be less than the salary of the initiating group, in proportion to the working time.

B. 2 The time spent on theoretical training may be concentrated over the duration of the contract, provided that the duration of the contract has not been exhausted, in accordance with the provisions of paragraph e) of the Article 11.2 of the Staff Regulations.

B. 3 According to the nature of this contract, it is estimated that the dedication to the most basic functions of those included in the groups of Initiation and Professionals, of the professional structure to which the Article 8 of the current Collective Agreement, is not liable to be framed in this contractual figure, for the null theoretical formation and the minimum training necessary for the development of such tasks, and not to serve, therefore, of formal support to subscribe to this type of contract. Such as the following functions:

Mozo.

Subalternate.

Reponedor.

Ascensorist.

Label.

B. 4 Companies will be able to recruit up to twice as many workers as those provided for as a maximum regulation, provided that, in agreement with the Intercentres Committee, a prior commitment to transform the (a) to the completion of the maximum training period, to 25 per 100 of the training contracts to be carried out under such an agreement.

Article 11.

A) Part-time work contract: The provisions of Article 12 of the Workers ' Statute shall apply.

A. 1 In the event of an increase in the number of staff or vacancies to be filled in a similar role, on equal terms, part-time contract workers will have a preference for new full-time contracts.

A. 2 Part-time work contracts shall be specified in the number of hours per day, week, month and year for which the worker is hired.

Similarly, the working time and the time period within which the contracted services shall be provided shall be fixed in the contract of employment and the time period within which the provisions of Article 32.9 shall be provided.

It may be arranged for an indefinite period or a fixed duration in cases where the use of this mode of employment is permitted, except for the contract for training.

A. 3 The initially contracted day may be extended temporarily when the assumptions justifying the temporary hiring and the content in Article 32.9 are given.

A. 4 For the probationary period, part-time contracts shall be within the meaning of Article 7 of this Collective Agreement and shall be determined in relation to the effective provision of contracted work.

B) Relief contract: Article 12 of the recast text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995, will be included.

B. 1 Companies must provide for the partial retirement of workers who request it, in compliance with the formalities leading to the completion of the relevant contract.

B. 2 In order to facilitate and speed up this type of hiring, the contract worker may belong to a professional group other than the partially retired.

Article 12. Fixed-term contracts.

A) Possible Contract:

A. 1 The provisions of Article 15 of the Workers ' Statute shall apply.

A. 2 The maximum duration of this contract shall be twelve months, within a period of eighteen months. If it is concluded for a period of not less than 12 months, it may be extended by agreement of the parties, without the total duration of the contract being exceeded.

B) Contract for a given work or service: For the purposes of Article 15.1.a) of the Workers ' Statute, in addition to the general contents, they are identified as works or tasks with their own substance, within the normal business of the companies of the Sector, which can be covered with contracts for the performance of certain works or services, the following:

B. 1 Specific campaigns, commercial consolidation in cases of creation or extension of an establishment, fairs, exhibitions, special sales, promotions of products or services of their own or third parties, Anniversaries and other commercial tasks that present their own profiles and distinct from the rest of the activity.

B. 2 The use of the contractual mode of work or service for any of the tasks described above, all of them in principle of uncertain duration, but which may be considered higher than the year, will require the use of the a contract document which the Joint Committee of the Collective Convention may issue, and the communication to it of the termination of the contract, if any. The use of this official model and the knowledge of the procurement carried out by the Joint Committee shall be an essential requirement for the recognition of the temporary validity of that model.

B. 3 To workers employed in the form provided for in paragraphs B. 1 and B. 2 above, the provisions of Article 9 (6) of this Collective Agreement shall apply to them.

(c) Interinity contract: To replace workers entitled to a job reserve in the cases provided for in Articles 37, 38, 40 (4), 45 and 46 of the Staff Regulations, contracts may be concluded between Article 4 of the Royal Decree 2546/1994 of 29 December 1994.

D) Replacement contract: The temporary hiring of workers for the replacement of those who retire compulsorily to the sixties and five or more years, or to the sixty-four in the modality provided for in the Royal Decree 1194/1985, may be effected under any of the two modalities provided for in the preceding letters B and C.

SECTION 4.a PERMUTAS, STAFF DECREASED, WORKERS FROM DIFFERENT GROUPS

Article 13. Permutas.

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

Article 14. Jobs from different groups.

For the work of higher or lower groups, the provisions of Article 39.4 of the Workers ' Statute will be included, with the term "professional group" being replaced.

Article 15. Work of the pregnant woman.

Within the possibilities of the organization of work, companies will provide the workers in question, a job suitable for their state.

The conditional application of the previous paragraph will acquire the binding and binding character when the worker's application emanates from the corresponding optional prescription of Social Security.

Article 16. Staff with diminished capacity.

Companies will engage staff with a declaration of partial permanent incapacity for the usual profession, to work appropriate to their conditions, respecting the salary they have accredited before moving to such a situation.

SECTION 5.A PROFESSIONAL PROMOTION, PROMOTION SCHEME

Article 17. Professional promotion at work.

General Professional Promotion Criteria:

In view of the need to update and strengthen the criteria for promotion at work, understanding this promotion as a enriching mechanism for the professionalism of the worker through continuous training in the job work, the parties to the present Collective Agreement consider it necessary to clarify the channels of professional promotion existing in the sector, establishing sufficient guarantees for the effective implementation of the provisions of the Article 35.1 of the Spanish Constitution regarding the right of promotion through work.

The right to promotion at work has a multi-purpose function. On the one hand, it seeks to ensure the personal and professional enrichment of the worker within the company. On the other hand, it offers the worker the opportunity to develop other tasks which are more closely related to his personal aspirations in the labour market.

As a result, the professional promotion takes care of a richer and more effective realization of the worker's person and contributes to the development of his/her personality, offering the possibility of alternating the provision of services with the training activities that are generated within the different companies.

Therefore, the object of the professional promotion must be understood in its broadest sense, in a way that reaches the human, labor, cultural, etc. facets of the workers.

It is therefore important to say that professional promotion is, on the one hand, continuous training of the worker, while the worker is able to carry out a better career, providing him with new possibilities to carry out The Commission has been able to make the most of its work on the labour market, which is a personal enrichment, a better outlook for the performance of its profession on the labour market and favours the possibility of increasing wage remuneration on the basis of the best quality of the work done.

Professional promotion is, on the other hand, the economic promotion of the worker. Such promotion cannot be limited exclusively to the basic wage increases agreed in the Collective Agreement, but must be understood as the worker's right to receive new salary items on the basis of the work carried out. on the basis of criteria such as the worker's connection time to the company, the quality or quantity of the work carried out, etc.

Professional promotion is also access to higher professional groups and recognition of the special professional level. To this end, the decisions taken by the company's management must be based on objective criteria such as training-practical and theoretical-the merits and seniority of the worker.

In short, the professional promotion of the person of the worker must allow the possibility of access to a more qualified job, or better paid or better expectations, depending on the experience and training acquired in the performance of their duties. Promotion at work will therefore include vocational training, economic promotion and the promotion of promotion to higher groups or personal recognition of the special professional level as set out in the article. next.

Training: Under the current conditions of the atony of consumption and labour shortages, the professional promotion in its formative aspect must be oriented towards obtaining a higher and more appropriate qualification of the market, in order to improve employability, facilitating the acquisition of other jobs that can provide the worker with higher levels of personal and professional progress.

This training in its practical aspect will be oriented towards a multi-purpose and comprehensive conception of the tasks performed in the sector, improving the degree of competitiveness of the services provided. The overall conception of tasks must not present risks of any kind, but opportunities. Professional qualifications and experience are suitable both for companies and for workers, and they must be geared primarily to the recognition of greater professionalisation at work.

Multi-purpose practical training contributes to a higher degree of professional achievement of the worker, as well as to greater integration of teamwork and capacity to meet the quality objectives in the service required the current trade. It is necessary to highlight the role of polyvalence as an integrating element of work, which improves the occupation of workers by omitting dead time in the execution of complementary tasks.

Likewise, the undersigned companies shall facilitate the professional promotion of the workers covered by this Collective Agreement, by means of the execution of theoretical training actions they provide, to such workers, higher job expectations in the labour market, training them for better professional development in their job, on the basis of a better knowledge of their profession or trade.

To this end, companies will establish the appropriate training courses. Of the training plans drawn up by the Directorate, as well as the criteria which inform them, the representatives of the employees will be informed beforehand. You will also be aware of the criteria for access to training courses.

Economic Promotion:

Depending on the work carried out, the worker shall be entitled to an economic promotion, which shall be carried out by means of the mechanisms provided for in this Collective Agreement. Consequently, the economic promotion of the worker shall be effective by any of the following means:

Recognition of seniority by the worker's permanence in business activity.

Fertilizer of quantities, fixed or variable, depending on the quality or quantity of work done.

Recognition of the corresponding salaries for the employee's membership of a higher professional group.

Personal recognition of the special professional level.

Accruals satisfied for any other objective or personal reasons.

Article 17a. Promotion and recognition of a special professional level.

A) Ascensos.

1 Systems: Regardless of the faculty of recruitment of new workers, which shall be subject to the provisions on the modes of procurement in this Collective Convention, Workers ' Statute and rules concordant, the promotions will be produced by any of the following systems:

1. By free designation of the company: All the jobs included in the group of Mandos and the Technicians will be governed by the present system, although in the latter group the companies will have to take into account those activities whose Professional development can be complemented by the academic knowledge and qualifications required for membership in this group, in order to promote internal professional promotion.

2. By concurring-opposition or continuous evaluation: The promotions of the group of professionals to the Professional Coordinators will be governed by the present systems.

2. A) Concur-opposition: Companies which cover one of the posts referred to in the preceding paragraph by means of the test system shall provide for the convocation of an opposition to which the workers may attend.

The Business Committee or Personnel Delegates, if any, will be entitled to receive prior information on the valuation regulations that the companies will establish in the competition-opposition.

This regulation will be established in general by each of the companies and must contain a system of computation of merit of objective character, taking as a reference, among others, the following circumstances: Antiquity in the company, adequate certification and assessment of the company, knowledge of the job, professional history and valuation of the controls, temporary performance of the group's functions in question, capacity for coordination, assistance and use of training courses, tests to be carried out and their assessment.

2. (b) By continuous assessment of professional development: the assessment of the theoretical and practical knowledge acquired by the worker in the performance of the tasks entrusted to him during the life of his/her employment relationship. This assessment will be based on objective criteria such as seniority in the company, assistance and use of training courses, professional achievements acquired through experience, quality and quantity. of the developed work, the gifts to work as a team, their capacity to coordinate people and tasks, etc.

On a six-monthly basis, the companies shall communicate to the Committee of Enterprise or Personnel Delegates, where appropriate, the promotions thus made, taking into account the criteria used for the award.

3. On the basis of merit: this system is governed by the promotions of the group of professionals to the Coordinators in function of sale without coordination.

The management of the companies applying this system, in the first quarter of each year, will verify the concurrency of the objective data and criteria that justify the membership of the workers to the group of Coordination, giving the same to the legal representation of the workers.

The group's recognition will have effects from the first day of the second quarter of the calendar year.

4. For the exercise of the practice: The promotions of the group of Initiation to the Professionals will be governed by the present system.

2.o Criteria: Professional promotions will take place according to the following criteria:

2.oa) Ascensus of the group of Initiation to the group of professionals: The promotion to the group of professionals will take place for the very course of time, after providing services for three years in the same company, provided that a minimum of three hundred and twenty hours of effective work are carried out annually, or, at the end of the three-year period, the average is achieved by the average. It will also produce promotions when, working any number of years, above the three required, the average number of hours worked in them reaches the three hundred and twenty.

It is understood that the experience must be carried out on a continuous basis, understanding for such effects that it is carried out without interruptions of more than one year, given that the interruption of the labor supply, with a low in the company for more than one year, takes the employee away from the constant innovations in the techniques and systems of organization specific to each of the companies whose knowledge is determining the belonging to the group of Professionals.

Based on the characteristics of this Initiation group, it is only possible to use it for access to the group of Professionals.

2.ob) Ascensuses of the group of professionals to the Coordinators: Since the workers of the group of Coordinators carry out with ordinary character all the tasks contemplated in the group of professionals, in addition to the more qualified and specialized, their fundamental difference with these lies in having assigned personnel and coordinating it, as well as in the degree of mastery and performance of the function, in the highest assigned responsibility and in the degree of autonomy of the function. As a result, only those workers in the group of professionals who normally, and preferably on other duties, will be able to perform those who meet all the differentiator requirements set out and above will be able to do so. required for membership of the top group.

In particular, the rise will occur when the worker in question matches, in the various functions listed below, all the requirements laid down in each of them.

Sales Functions:

Coordinates and forms people to the assigned.

It knows and dominates the product and the range or assortment of it, so that due to this domain it can participate in the elaboration and evolution of the assortment.

Take initiatives regarding the implementation of the products that you control.

It knows and dominates the unit margins of the article, in profit and profitability of the section.

Proposes and brings ideas and solutions for sales improvement, assortment, quality and innovation, etc.

For the purposes of promotion, compliance with the coordination requirement can be replaced in those cases where the worker has obtained all of the following professional achievements in the exercise of his duties:

1.o Dominate all facets of the sale, knowing the techniques of sale, implantation, organization, etc., having recognized a minimum of seven years in the Special Professional level within the Group Professionals.

2.o Help and teach colleagues with less experience in their work area, cooperating in their roles for the achievement of determined goals.

3.o Increase annually by 12 per 100 your own annual sales figure for the last five consecutive years.

4.o Get an annual sales volume between the first two professionals in your area for five consecutive years.

Products processing, handling, and dispatch functions:

Coordinates the people to the assigned and prepares and distributes the work of them.

Knows, respects and dominates the hygienic standards of the product: Cold chain, temperature, expiry date, fermentation, etc.

Under his initiative he carries out preventive actions to preserve the hygiene and quality of the products. It proposes and provides solutions.

Autonomously applies the rules of presentation of a product, both for sale in self-service and at the traditional counter: Labelling, price, clarity, quality, regular cutting, portions, etc.

The execution of your job goes out of the usual standards.

Dominates total and regularly the production techniques, with a high level of handling, processing and processing of the raw material in final product for sale.

Incorporates added value into the product with an impact on profitability.

Administration functions:

Coordinates the person to the assigned, controlling and supervising the work of the assigned person.

Dominates and applies, autonomously, internal accounting and administrative procedures.

Respects the complete administrative circuit, order control, supplier management, etc.

Dominates the computer tools made available to you.

Maintenance functions:

Coordinates, monitors, controls, and shapes people assigned to them.

Autonomous and systematic use of the means necessary to perform a fast and reliable repair.

Prepares the "planning" for preventive maintenance.

It has absolute control and applies security rules.

Perfect knowledge of facilities and networks, ensuring a prediction of breakdowns.

It has perfect material and facilities domain, controlling internal procedures and spare parts needs management for repairs.

B) Rise mechanisms.

1) The transition from a lower to a higher professional group will be conditional on the existence of a post to be covered in the upper group, except in the case of the recognition of the promotion to the group of coordinators for the staff in (a) a sales function without coordination which will not, under any circumstances, be an obligation to provide the worker concerned with a job which leads to the coordination of persons.

2) The promotion of a higher professional group by contest will not be automatically consolidated, but a four-month period of adaptation will be respected.

Not exceeded by the worker in the adaptation period, the company or the worker himself may decide to return to the professional group of origin, not consolidating the remuneration of the higher group in the second case, all of which without prejudice to the provisions of the legislation in force.

C) Recognition of the special professional level within the group of professionals.

1. Criteria.

I. For sale: Within the group of professionals in sales functions in areas with an 80 per 100 or more personalized sale, a personal recognition of the level of special professional development is established for those employees who, in the exercise of their duties, have exercised in the group of professionals a minimum of ten consecutive years, as long as they dominate and know the techniques of sale, implantation, organization, etc., help and instruct a team of vendors by cooperating in their tasks for the achievement of specific objectives and, in addition, following professional achievements:

a) Increase annual sales by a percentage higher than the consumer price index for five consecutive years, provided that its annual sales figure is 30 per 100 above the average of its area during each of the those five years.

b) Reach an annual sales figure among the first three in your area for five consecutive years or seven alternate years in a period of the last ten years.

II. In the rest of the functions: Within the group of professionals of the sector, in functions other than those of sale collected in the previous point I, and that do not assume basically physical or purely mechanical effort, it is also established a recognition special professional development level staff for those employees who match all of the following personal achievements:

1) There has been a minimum of 15 consecutive years in the company and in the professional group.

2) Achieve a level of efficiency in the execution of the tasks entrusted similar to the one that follows from the fulfilment of all the criteria required for the access to the group of coordinators, in each function, except the one referred to coordination of persons in charge.

3) To be in possession of adequate qualifications for the work carried out at the maximum level of vocational training.

2. Systems and mechanisms for level recognition.

Those workers in which all the criteria laid down here apply, will request from the Company's Directorate the recognition of the special professional level, and is also necessary for its concession, except in the sales function, which the worker approves of an examination carried out in the field of the undertaking. The undertaking shall be required to carry out the examination within six months of the application, unless the worker has carried out another examination in the previous three years. The purpose of the examination shall be to establish that the applicant possesses the standard knowledge of the time required on the market for professionals of his/her specialty at the maximum level of vocational training, as well as the practical application in the field of the company of those market standards in its specialty.

Of the examinations, the objectives and the development will be given to the Committee of the Company or the Delegates of Personnel in the same terms previewed for the promotions for the contest-opposition.

The recognition of the level of sales function will be carried out by the same system and dates developed for promotions on the basis of merit.

Recognition of the level in the sales function in companies that lack data to know the individual sales volume of their employees or in cases where the sale occurs in areas with less than 80 per 100 sales It will be governed by the systems provided for in this Convention for the promotion of the group of professionals to the professional coordinators.

3. Level of the level complement.

This level of personal professional development has been accompanied by a supplement of 3 per 100 of the base salary of the group of professionals in force at every moment.

This level of personal complement will only be compensable with the salary of a higher group, in the event of group promotion.

D) Common provisions.

1) Companies shall provide the Company or Personnel Delegates Committees with an annual basis, the number of posts covered in the different groups in their centres and level recognition.

2) For the purposes set out in this Article, it is understood by:

Sales Area: Group of departments made by the Management of each sales center based on proximity and/or similarity of goods.

Average Sales Count by Area: This is the sales figure of all vendors assigned to an area of sale, made by them within or force of the area in the calendar year with an effective day of more than 75 per 100 of the legal maximum day, divided by the number of those.

Reference period: The reference periods, for the purposes of the sales calculation, shall always be considered for months and calendar years.

Stable attachment to a sales area: This is understood to mean that the seller has been allocated within the calendar year for a minimum of three calendar months.

3) When the seller performs sales functions on a stable basis in different areas over the course of the year, the best of its results in relation to an area, in order to meet the requirements of promotion, will be taken into account or for level recognition.

To this effect, the sales figure of the natural months borrowed in an area in annual computation will be raised.

4) It will be up to the Courts of the Social to complain about promotions. However, the complaints which may be made must be brought before the Joint Committee of the Collective Agreement which will settle them in accordance with the provisions of the transitional provisions of the Convention.

5) When the seller sees his employment contract suspended for any cause, so that his or her actual work performance is less than 75 per 100 of the working day, no account shall be taken of the effects of the consecutive years for obtaining the sales figure, in order to recognize the level or the promotion to the group of coordinators.

6) For workers with a working time of less than 75 per 100 of the maximum day, and in order to recognise the level or promotion to the group of coordinators, account shall be taken of the allocation of the same to the specific moment of large influx of customers, and the one that performs, to a lesser extent, preparation or assortment usually carried out by workers to

full time, which is part of their time in the execution of such complementary preparation or assortment.

In order to be able to compare in homogeneous terms the ratios required at the level of each work area, the sales figure obtained by this staff on their working day will be transformed to the full day equivalent, by deducting from the resulting amount a 30 per 100 to supplement the differences in the previous paragraph.

As far as workers ' representatives are concerned, the provisions of Article 71 of the Convention shall apply.

Periods of leave of absence with a reserve of post or maternity leave shall not be considered to be an interruption of the activity in those cases where, in this regulation of promotions and promotions, continued sales figures are required.

SECTION 6.a

Article 18. Transfers.

A transfer of the final change of the place in the provision of a service that leads to a change of address is understood.

Transfers of personnel involving change of household address for the affected person may be carried out:

1. At the request of the person concerned, written.

2. By agreement between the company and the worker.

3. By decision of the management of the company in case of needs of the service.

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

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

3. The rest of the transfers will be in accordance with the provisions of Article 40 of the Workers ' Statute.

Performed the transfer, the worker will be guaranteed all the rights that he has acquired, as well as any others that in the future can be established.

In terms of compensation for expenditure, the worker shall, on the basis of a justification, receive the following costs: the costs of the person concerned and the family members who, with the living or the dependants, and the furniture, clothing, goods, etc.

Article 19. Voluntary cessation.

The worker with a contract exceeding one year who voluntarily intends to cease in the company, will have to inform the management of the company, at a time of 15 days prior to the date on which he or she will cease to pay services. Such communication shall be made in writing and with acknowledgement of receipt.

Failure by the worker of this notice will entitle the Company's Directorate to discount the settlement of the amount of the salary of one day for each of the delay in the fixed notice.

Likewise, the employer's failure to pre-warn at the same time will oblige the employer to pay the amount of the salary of one day for each delay in the notice, provided that the contract of work is more than one year.

CHAPTER IV

Salary

SECTION 1.a SALARY STRUCTURE

Article 20.

The remuneration of workers falling within the scope of this Convention shall be distributed in their case between the group base salary and the allowances of the group.

Article 21. Group base salary.

A group base salary is defined as the worker's salary according to his or her membership in one of the professional groups described in this Collective Agreement.

The salary base salary is the annual working day agreed upon in this Collective Agreement and the legally established rest periods.

Those workers who perceive in terms of salary per unit of time amounts higher than those recognized as basic in the preceding paragraphs, the difference in more, will have the character of personal complement, although together with the basic salary, and maintain these quantities, exclusively as a personal basis, as the basis for calculating the various supplements, except as provided for in Article 23.

Article 22. Salary supplements.

Wage supplements are the amounts which, if any, are to be added to the group base salary for any concept other than that of the annual working day of the worker and his membership of a professional group.

Salary add-ons will be adjusted, primarily, to any of the following modes:

A) Personals. To the extent that they derive from the worker's personal conditions.

B) Job position. Integrated by the amounts to be paid by the worker on account of the characteristics of the job or the way in which he is employed.

C) By quality or quantity of work. Consistent with the amounts perceived by the worker on the basis of a better quality or greater quantity of work, or on the basis of the situation and results of the company or an area of the same.

Article 23. Personal complement of seniority.

The age amounts of the four-year-old four-year-old ones are maintained on the basis of the previous Collective Agreement for the workers who had established them.

As of the date of publication of this Collective Agreement, new four-year periods which are perfected or recognised shall be paid to the worker in the amount corresponding to the number of four-year periods he/she meets, in accordance with the amounts provided for in the following table:

First four years: 2,660 pesetas.

Second four-year period: 2,350 pesetas.

Third quadriennium: 2,100 pesetas.

Fourth four years and successive: 2,000 pesetas.

The above figures are applicable to all professional groups.

The amount of each four-year period will begin to be paid from the first day of the month following that of its compliance.

The values of the four-year periods provided for in the table above will remain unchanged for the duration of the Collective Agreement.

The worker who definitively ceases in the company and subsequently enters again in the company, will only have the right to have the age from the date of this new income, losing all the rights of seniority previously obtained.

Article 24. Job supplement.

These are the add-ons that the worker perceives because of the characteristics of the job in which he or she is effectively developing his or her service. These complements are of a functional nature and their perception depends exclusively on the effective provision of work in the assigned post, so they will not be of a consolidable character.

To be considered a supplement to the job, those amounts that pay, among others, the danger or toxicity of the job.

provisions of Article 36 of the Workers ' Statute will be in the field of nocturality.

The remuneration of the plus of Nocturnity will be performed by applying the 15 per 100 on the value/hour of article 27 of this Collective Agreement.

Article 25. Quality complement.

It is understood by quality of work supplements, those that the worker perceives for a better quality in the work in the form of commissions, premiums, incentives, etc.

The implementation or modification of the systems of quality supplements shall be subject to the consideration of the legal representatives of the employees, following, where appropriate, the formalities provided for in Article 41 of the Workers ' Statute.

Also included as incentives, not subject to the provisions of the previous paragraph, those salary supplements perceived as a function of the quality of the work done, or the situation and results of the company or an area of the same.

Quality supplements will not be consolidated, unless otherwise agreed.

Article 26. Periodic maturity supplements exceeding the month.

The basic remuneration laid down in this Convention is understood to be distributed in sixteen pages, so that the four extraordinary pages will be collected in accordance with the custom or agreement established in each company.

By agreement, the total or partial amount of the extraordinary payments may be apportioned among twelve monthly payments, or in the overall salary/time, in accordance with the provisions of Article 30. The apportionment of the payments shall be made, where appropriate, by the monthly remuneration (or hourly) of the proportional share for the month in question of the pro rata pay or pay. The part of the pay or payments already paid up to the time of the pro rata shall be settled and paid on the date on which the payment was made, in accordance with the previous system.

SECTION 2.A SALARY AMOUNTS

Article 27. Base salary in 1997.

The annual and hourly base salary for the year 1997 will be as follows:

Annual/Time

Initiation Group/1.515.477/840,99

Professional Group/1.560.941/866.22

Teacher Group-Coordinators/1.701,426/944.18

Technical Group/1.854.554/1.029.16

The annual base salary established here refers to the execution of the working day agreed in Article 31 of this Collective Agreement. This applies to workers who are currently in service, as well as to workers who enter or re-enter the company.

The salary of the worker in training will be 70, 80 and 90 per 100, of the salary corresponding to the group of professionals, during the first, second and third year, respectively.

The base/hour salary includes the amount of overtime and vacation.

Article 28. Wage increase in 1997.

Starting from the normal month of December 1996, the following increments apply:

A) The increase of the basic salary provided for in the first paragraph of Article 21 of the Collective Agreement shall be 3 per 100.

B) The increase of the supplements referred to in Article 22 (A) and (B) of the current Collective Agreement shall be 2,4 per 100 of the amount corresponding to the normal monthly allowance.

C) The concepts that have a specific treatment provided for in this Collective Agreement are excepted from these increases.

(D) Workers whose wages are fixed by a percentage of sales shall have no more economic effects than the rate of increase of their guaranteed salary in the agreed percentage.

(E) The supplements to Article 25 of the Collective Agreement shall not be increased as a result of the salary increase of the Convention.

Once the wage increases according to this article have been calculated for 1997, the wage structure will be adjusted to the new base salaries provided for in the previous article, in accordance with the provisions of the provision First.

In the event that the CPI resulting from 31 December 1997 exceeded 3 per 100, the base salaries, as well as the supplements to paragraph B), will have an upward change in the said excess over 3 per 100 and with effect of 1 January 1997.

Article 29. Wage increases for 1998, 1999 and 2000.

1.o The group base salaries set out in Article 27 of the Collective Agreement will have an increase of 115 per 100 of the CPI provided by the Government for each of the respective years.

2.o In addition, the supplements referred to in Article 28.B of the Collective Agreement will have an increase of 85 per 100 of the expected CPI for each of the respective years.

3.o Base salaries thus calculated for each of the respective years will have a wage revision in the event that annually the official real CPI exceeds the increase applied to the same in the difference between the actual CPI and the indicated figure. If this is the case, the supplements referred to in the previous number will have a revision in the same percentage of the difference applied to the base salaries.

Article 30.

The determination of the overall salary/time, including the payment of holidays for workers who have agreed to it or can be agreed as a normal payment formula, shall be divided into the annual remuneration of the Convention. or the higher agreed figure, for the annual number of hours provided for in Article 31.

The result may be considered as a necessary provision of 31/365 if the holiday period is paid at the time.

CHAPTER V

Working Time

SECTION 1.A ORDINARY WORKING DAY AND DISTRIBUTION

Article 31. Maximum day.

The maximum annual working day will be one thousand eight hundred and two hours of effective work, distributed according to the provisions of the following article.

From 1 January 1998 the maximum day will be reduced by four hours per year. The same reduction (four hours per year) will be carried out in 1999 and 2000.

Article 32. Distribution of the day.

1. During the first quarter of the calendar year, companies will provide workers 'legal representatives with the general working time tables and, as from 1 January 1998, will also provide for workers' membership. to the schedules, so that, on an annual basis, the workers are aware of the time at which they are to work. In the case of a contract during the year, the timetable in which the worker will provide his services must be recorded. Changes in time shifts in the annual calendar may not be changed in the ordinary daily working day of more than one hour on which each worker regularly comes in respect of that of the previous year.

2. The distribution and execution of the annual working day, unless otherwise agreed, shall take place between 1 March and the last day of February of the following year.

3. The verification and control of the execution of the day shall be carried out on an individual basis in the month following the end of the period of distribution of the annual day. The excess in the time of the actual working allowance shall be compensated by a break in the amount of one hour of rest for each hour in excess of the actual annual working day, to be fixed by mutual agreement between the worker concerned and the Directorate-General. of the company, within three months from the end of the computation, procuring both parties that do not match such breaks with the peak periods of production. The companies shall give the Centre Committee the nominal ratio of the hours of excess.

4. Where, for any reason, the maximum working day is exceeded, the sum of the hours actually worked and those in which the obligation to work was legally suspended, maintaining the company's right to pay, or his office, or delegated payment, the hours of excess resulting from the period referred to above shall be compensated for the worker in proportion to the time actually worked, as ordinary hours or in equivalent free time.

5. Workers in the control group may make their schedule more flexible so that, in compliance with the maximum laid down in the previous Article, they may modify their working time and rest on the basis of specific cycles and needs. of the post or coordinating them with other workers of their own responsibility in the area or division, provided that proper attention is guaranteed to the objectives of the post.

6. The minimum rest of the working day, with the exception of a pact between the parties, shall be at least two hours, and in any case not more than four hours.

7. Compliance with Article 37 of the Law of the Workers ' Statute and Royal Decree 1561/1995, with regard to the weekly rest, may be compensated by the enjoyment of a day of rest a week. In the latter case, rotating shifts from Monday to Saturday, both inclusive, will not be possible and their economic compensation will not be possible. By mutual agreement between undertakings and workers the weekly rest days may be accumulated for enjoyment at another time within a cycle of not more than four weeks (*), as well as the recovery of the enjoyment by the coincidence of the free day This is a holiday, without any reduction in the annual working time agreed in the Collective Agreement.

8. The working time for part-time workers not exceeding four hours shall be carried out on an ongoing basis.

9. By agreement, it may be possible for part-time workers to serve on the cash lines or to temporarily increase their working time from the time of the annual schedules referred to in point 1 of this Article. Article, although in any case you must know the monthly schedules at least with ten calendar days in advance at the beginning of the month. The present system shall not affect those workers who have already established a regular fixed shift of work on the part already fixed.

Article 33. Special sales and balance sheets.

In the special sales preparation days of January and July and of the two balance sheets or inventories, companies will be able to vary the working hours and extend the day.

The option provided in the preceding paragraph may be used by companies with a different system, with a maximum of two days per year.

This limit will not affect the inventories of those departments which, by custom in the sector, are understood by such those in which it comes before the entry into force of this Convention, or by the the characteristics of their products, they are carried out more frequently, although in this case the obligation will not reach more than twelve per year, and the same will necessarily be started on a working day.

When the work provided for in this article is carried out on a Sunday or a public holiday, off-day, the hours will be paid, which will have the character of overtime of compulsory service, with the surcharge of 50 per cent. 100 on the value of the ordinary hour or with rest equivalent to the worker's choice. It is excluded from this obligation the carrying out of the inventory or balance sheet (not the preparation of the two special sales) on a Sunday or a public holiday for those workers who do not have a collection in their employment contract or by collective agreement. the obligation to provide services such days.

The hours referred to in this Article shall be of a structural nature in the event that they are extraordinary, and constitute an exception to the general principle of non-performing overtime contained in the Present Convention.

SECTION 2.A OVERTIME

Article 34.

1. The usual overtime is abolished. To the extent that these hours are deemed necessary, the various forms of temporary or partial recruitment provided for by the Law will be used. If they are to be done, they will necessarily be compensated with equal rest time, if possible in full days.

2. The overtime hours required by the need to repair accidents and other extraordinary and urgent damage shall be carried out in a compulsory manner. The same applies to the case of risk of loss of raw materials.

Article 35.

For the implementation of the agreement in the previous article, the companies affected by this Convention shall be obliged to provide the Committee of the Center or the Staff Delegate monthly, the information on the number of extraordinary hours, specifying their causes and, where appropriate, the distribution by sections or departments.

Companies and the Committees or Delegates of Personnel will determine the nature and nature of overtime, in accordance with Royal Decree 1/1985, and subject to the provisions of the previous article.

The performance of overtime, as laid down in Article 35.5 of the Staff Regulations, shall be recorded on a daily basis, and shall be aggregated annually, with a copy of the annual summary to the worker in the corresponding.

(*) See clarification provision 1.

SECTION 3.A ANNUAL LEAVE

Article 36.

1. Workers affected by this Convention shall enjoy thirty-one calendar days of holiday per year.

In advance of the publication of the holiday shifts, you will notice the same to the Business Committee or Staff Delegates, if any.

2. Immediately following the publication of this Collective Agreement in the "Official Gazette of the State", the companies that have not already established it, will make the corresponding holiday shifts for the staff remaining to enjoy them.

3. The remuneration of the holidays will be made on dates, amounts, concepts and systems in place in each company.

Article 37. Periods of enjoyment.

1. Workers shall enjoy between the months of June to September, at least twenty-one calendar days uninterrupted of their holiday period, unless they enter the undertaking after 1 September, or their proportional share.

Companies will be able to exclude from holiday shifts those dates that coincide with those of higher productive activity.

2. Outside the previous period, and to the extent that the organisation of the work permits, workers will have the option to set the date of their annual vacation.

3. The holiday bag may be split according to the days actually not enjoyed. For the duration of this Convention, its amount is fixed at 50 000 pesetas. It will be paid to those workers who, out of necessity for the service or organization of the work, cannot be granted the indicated enjoyment from June to September.

If by the date of income of the worker it corresponds less than twenty-one days from June to September, of the enterprises in that period as provided for in the third paragraph of this same article, the part will be paid proportional to this same bag.

4. As a principle and a single preference for workers ' right of choice to a given holiday shift, it is established that the person who opted and took precedence over another worker in the choice of a given shift, loses that primacy of Until now, the option of exercising the rest of your colleagues in a unit of work is not exercised.

SECTION 4.a LICENTS

Article 38. Paid leave

1.o The worker, upon notice and justification, may be absent from work entitled to receive the group base salary plus personal allowances for the reasons and the following time:

A) For the precise time, and with justification of the same with the corresponding visa of the optional, when, for reason of illness, the worker requires the assistance to the medical office in hours coinciding with their day work.

B) Fifteen calendar days in case of marriage.

C) Three days in cases of child birth, severe illness diagnosed by the physician, or death of relatives up to a second degree of consanguinity or affinity. Where, for that reason, the worker needs to make a posting to the effect, the time limit shall be five days.

D) One day per transfer from the usual address.

E) Up to five calendar days due to the need to attend to own affairs that do not admit delay, demonstrated the undoubted need.

F) One day by marriage of relative to second degree of consanguinity or affinity.

G) The precise hours to ensure the attendance of workers ' final exams, when these studies are of official or academic nature. In such cases, they shall provide the administrative justification for their application.

Article 39. Unpaid leave.

In addition to those currently established, employees may enjoy a licence without remuneration up to 15 days per year for periods not less than two days and without the enjoyment of this licence being able to coincide with: Beginning or end of any kind of license or vacation, bridges, first week of special sale of January and sales of July, Christmas and Kings. Companies will grant this type of licence whenever there is justified cause and the organisation of the work permits. Both the worker's request and the non-concession by the company must be made in writing and on the basis of the appropriate justification.

CHAPTER VI

Suspension of work contract and change of employer

Article 40. Military service or replacement social provision.

Companies, as long as the specific permission is available for these assumptions, will guarantee the worker who is serving the military service or replacement social benefit, that he can work in any center of the own company in the province where it is intended, if any.

The fixed worker (*) who is in military service or replacement social benefit shall be entitled to the receipt of two of the four extraordinary annual payments.

Article 41. Maternity leave.

It will be compulsory for workers who have received, from 1 January 1982, for maternity leave to be re-entered, with a prior notice of re-entry two months in advance of the end of the period of Surplus requested.

Article 42. Leave of absence for trade union.

You may request the situation of leave or reduction of working time that worker who holds a union position of provincial, regional or state relevance in the most representative trade union organizations at the level sector in any of its modalities. You will remain in such a situation as long as you are in the exercise of that position, automatically rejoining your company, if you request it within a month at the end of your performance.

CHAPTER VII

Miscellaneous provisions and security

SECTION 1.a PROVISIONS VARIABLES

Article 43. Diets.

Workers who need to carry out trips or travel to populations other than those in which they radiate their work centre, will have the right to a diet that is fixed at 4,000 pesetas, or to a average diet of 2,000 pesetas, throughout the duration of this Collective Agreement.

It is understood by a different population that it is outside the urban area and the zone of influence constituted by one or several neighboring populations.

The diet and average diet are intended to satisfy the expenses incurred by the displaced worker other than those derived from the accommodation and transfer.

The provisions of this Article of the Collective Agreement will not apply to companies that have established other different systems of diet.

Article 44. Life insurance.

Companies, as long as they do not have a more beneficial one, will be obliged in the course of three months, to count from the date of publication of this Convention, to arrange for life insurance and absolute permanent incapacity. for all work and invalidity, for workers affected by this Convention, for a sum of 3 000 000 pesetas, in accordance with the usual market mode.

At the request of the legal representation of the workers, the companies will provide a copy of the relevant policy.

(*) See clarification provision 2.

Article 45. Working garments.

The workers who come, covered by this Convention, shall be required, on the part of the undertakings, in uniform and in other garments, in the form of useful work, of the known and typical for the implementation of the different and different activities that the use has been advising.

The provision of such garments must be made at the beginning of the employment relationship between the companies and the workers in the number of two garments, which will be replenished in successive annuities, in a convenient manner, or at least in the middle of the the same, except in commercial functions carried out for the public, in which the annual replacement shall be carried out in the number of two uniforms, all in accordance with the required good presence of the worker for these tasks. Those workers whose activity is carried out in contact with the public, and who are not in uniform, to whom it is due, respecting the inveterate custom in the sector, per mor of their employment contract, a certain and correct style In all cases, the company's management will enjoy, at the choice of the Intercenters Committee, a discount for the annual provision of the changing room, consisting of a jacket, trousers, shirt, tie and a pair of shoes, 35 per 100 of their amount, or, a compensation amount of 36,500 pesetas, is in proportion to their journey.

The discount will be up to two teams of those referred to in the previous year.

The companies will provide the waiters annually with two shirts and two pairs of shoes.

Workers with a contract less than six months who are not in uniform shall receive the amount of compensation provided for in the third paragraph of this Article, in proportion to the time of effective work.

Article 46. Discount on purchases.

Companies that do not have an established system of discount purchases for their workers, after negotiation in their field with the legal representation of the workers will put it into practice from the two months following the publication of this Collective Agreement in the "Official Gazette of the State".

This obligation will not reach those companies where this advantage has been replaced by any other type of compensation.

Article 47. Bilingualism.

To the extent of the possibilities of each company, the notes of the Directorate to the staff will be written in the Spanish language and in that of the nationality or region that corresponds.

Article 48. Retirements.

1. Compulsory retirement: under the provisions of the additional tenth of the Staff Regulations, the parties to this Convention, aware that a policy on employment is necessary to provide for the distribution or distribution of the work, limiting it to a group of workers who have already had a long active life in favour of another group which has not enjoyed such a situation, establish at the age of 65, the maximum age to work, as well as the extinction of employment contracts provided that the employees are able to access 100 per 100 of the Retirement Pension.

In cases where the worker does not have the full rights provided for in the preceding paragraph, the forced retirement will not occur until the coverage of that period of absence.

2. Early voluntary retirements: In cases where voluntary retirement is total and in order to give priority to this decision, a sense of gratification is established in the following circumstances for workers retiring from retirement in advance at the following ages:

At sixty years: 16 pages.

At sixty-one years: 13 pages.

At sixty-two years: 10 pages.

At sixty-three years: Seven pages.

At sixty-four years: Four pages.

The amount of the monthly payment will be made up of the base salary and the personal allowances.

3. Special retirement at 64 years of age under Royal Decree 1194/1985: For the duration of this Convention, and as long as the provisions contained in Royal Decree 1194/1985 of 17 July 1985 remain in force, workers who may be 100 per 100 of the retirement pension at the age of 64, being replaced by another worker under the conditions laid down in the Royal Decree.

To facilitate and streamline this type of hiring, the substitute may belong to a professional group other than the one replaced.

4. Partial retirement: At the age of 62, workers will be able to reduce their working time and pay by 50 per 100 and make it compatible with the pension that Social Security recognizes them until the age of 64.

Companies will be forced to hire a worker at the same time as unemployment under the conditions laid down in Article 12 of the Law on the Status of Workers.

For these purposes, the worker employed by the relay system may belong to a professional group other than the partially retired.

SECTION 2.A SURVEILLANCE AND SECURITY AND HYGIENE

Article 49. Surveillance and security service.

The companies, in the cases that are necessary and in attention to the dimensions of the center and the economic capacity of each company, undertake to maintain a service of vigilance and security that, with the necessary preparation technical and physical, ensure the protection of facilities and above all, of the workers themselves.

Article 50. Safety and occupational health.

Within one month of the signing of the Convention, the Joint Commission will establish rules for the functioning of an interagency body which, at the level of the company, will assume the powers laid down in the Law for the Safety and Health. The rules of operation shall be incorporated in the text of the Collective Agreement.

Article 51. Temporary incapacity.

In the centres which, in the case of temporary incapacity, are not established for the entry into force of the Collective Convention, supplements on the provision of social security up to 100% of the The basic salary of the group, within three months, since the signing of the Convention, must be negotiated by a system which allows such allowances to be collected, on the basis of a treatment of the absenteeism rates of the centre concerned.

After two months from the start of the negotiations without agreement, the parties will submit their differences to the Joint Committee of the Convention, which will mediate on the matter in the end of a month, with the recommended objective previously.

The provisions of the preceding paragraphs shall not apply to those undertakings which have established other or more beneficial systems in general.

TITLE II

Disciplinary regime

Article 52.

Workers may be sanctioned by the Management of Companies in accordance with the graduation of the faults and penalties that are set out in the following articles.

Article 53.

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

Article 54. Minor fouls.

The following are considered minor faults:

1. The sum of punctuality faults in the work attendance when it exceeds fifteen minutes in one month.

2. The abandonment of work without justified cause, even if for a short time. If, as a result of the case, serious injury to the undertaking or cause of accident is caused to his or her colleagues, this fault may be regarded as serious or very serious, as the case may be.

3. Lack of toilet and personal cleaning when it is such that it can affect the production process and image of the company.

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

Article 55. Serious fouls.

The following are considered as serious faults:

1. The sum of punctuality faults in the work attendance, when it exceeds thirty minutes in a month.

2. Absence from work without proper authorization or cause, from one day to the month.

3. Disobedience to the orders of the superiors in any matter of work. If there is a manifest breach of the discipline or of the discipline, it may be considered to be very serious.

4. To carry out, without the appropriate permission, particular works during the working day.

5. The recidivism in a slight lack, however of a different nature, within a trimester and having mediated written communication.

Article 56. Very serious fouls.

The following are considered to be very serious:

1. The reiteration over a period of six months of the absence referred to in Article 55.2.

2. Fraud, acceptance of rewards or favors of any kind, disloyalty or breach of trust in the efforts entrusted and the theft or theft of the company as well as the workers or any other person within the premises of the company or during work anywhere else. To conduct trade or industry negotiations on their own or another person's own account, to sell or to charge themselves, without the express authorization of the company.

3. The simulation of illness or accident.

4. To simulate the presence of another worker, by any means of the usual ones to verify the presence of the worker in the company.

5. There is a lack of respect or consideration for the public.

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

7. Breach the secret of the correspondence or reserved documents of the company or reveal to foreign elements to the same required reserve data.

8. The continuous and usual lack of toilet and cleaning of such a kind that could affect the production process and image of the company.

9. Ill-treatment of word or deed, abuse of authority, disrespect and regard to bosses or family members, as well as co-workers and the general public.

10. The drunkenness and drug dependence manifested in working time and in his job.

11. Provision of a purchase card to persons not authorized for use, as well as the transfer of discounts granted to staff, in favour of other persons.

12. Continuous and voluntary decrease in the normal performance of your work, provided that you are not motivated by any laws recognized by law.

13. Transgression of good contractual faith, as well as the abuse of trust in the performance of the work.

14. All conduct, in the field of work, which seriously undermines respect for privacy and dignity through the offence, verbal or physical, of a sexual nature. If such conduct is carried out by means of a hierarchical position, it will constitute an aggravating circumstance of that position.

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

Article 57. Sanctions regime.

It is for the Company's management to impose sanctions in the terms of the provisions of this Convention.

The sanction of minor, serious and very serious faults will require written communication to the worker.

Article 58. Maximum penalties.

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

1. For minor fouls: Verbal assembly. Admonition in writing. Suspension of employment and salary up to three days.

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

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

Article 59. Prescription.

The faculty of the company's management to sanction will prescribe for minor faults at ten days, for serious faults at twenty days and for very serious ones at sixty days, from the date on which it had knowledge of your committee, and in any case within six months of having been committed.

Article 60.

The list of faults contained in this chapter is made in an enunciative title, which is why all breaches of the duties established in the company will be considered to be punishable by the Directorate of the company. labour regulations in force, as well as any contractual arrangements.

It is up to the company's management, in accordance with the provisions of the Workers ' Statute, to sanction the workers, by virtue of job defaults.

For the imposition of the sanctions, the procedures provided for in the general legislation will be followed.

TITLE III

Of workers ' union rights of representation

CHAPTER I

Trade union rights

Article 61.

The companies affected by this Convention shall respect the right of all workers to be free of charge and not to discriminate or to make the employment of a worker dependent on the condition that he does not take hold or give up his union membership.

CHAPTER II

Trade union representation in the Large Store sector

Article 62.

Companies included in the functional scope of this Convention recognize as natural partners, in the treatment and substantiation of industrial relations in the field of Large Stores and Distribution Companies, to the various trade union organisations established nationally in the same.

Article 63. Union commission.

In those companies where there is a dispersion of centers in different provinces, the most representative unions in the sector, signatories of the Collective Agreement, will be constituted at the level of company in the Trade Union Commission, as (a) to serve as a means of study, with an approach and a proposal for a resolution if it is to proceed to the Intercentres Committee, in all matters which, exceeding the powers of the Committees of the Centre or Staff, as they are issues affecting several centres of the same company and which therefore need to be be treated as a general rule.

The members of the Trade Union Committees will be appointed by the respective union and must, preferably, coincide with the members of the Intercenters Committee.

CHAPTER III

Business-level representation

SECTION 1.A UNION REPRESENTATION

Article 64. Union delegates.

As far as the rights and duties of the trade union delegates are concerned, both sides will be in accordance with the Organic Law on Freedom of Association.

SECTION 2.A INTERCENTER COMMITTEE

Article 65. Collective representation.

(a) Under Article 63.3 of the Workers ' Statute, in those undertakings where there is a dispersion of centres in several provinces, an Inter-Centre Committee shall be set up as a body of (a) to provide for a resolution of all those matters which, exceeding the powers of the Committees of the Centre or the Staff Delegates, as matters affecting several centres of the same undertaking, must be treated as a general rule.

the provisions of Article 65 of the Staff Regulations shall apply to the Inter-Centre Committee.

(b) The maximum number of components of the Intercentres Committee shall be thirteen, its members shall be appointed from among the components of the various Committee of the Centre or Delegates of Personnel and the constitution of the Committee shall be The proportionality of the trade unions, according to the results of the election in the company.

For the distribution of posts among the unions, the rules laid down in Article 71.2b of the Workers ' Statute will be followed, replacing the term list by the union, and the one valid for that of Member of the Staff Committee or Delegate.

The appointment of a member of the Intercenters Committee will be carried out by the trade unions through a communication to the company.

The composition of the Intercenters Committee will be communicated to the SMAC by publishing in the bulletin boards.

Changes in representation on the occasion of elections which are not general in the field of the company will be taken into account on an annual basis, at 31 December, to modify the composition of the Intercentres Committee.

(c) The Intercenters Committee assumes the powers provided for in Articles 64 and 41 of the Workers ' Statute, where the measures or claims affect more than one working centre.

The Intercentres Committee shall be governed by the rules laid down in the Staff Regulations for the Committees and their decisions in matters falling within their competence shall be binding on the whole of the workers.

Rights and guarantees

SECTION 1.a DERACTS

Article 66.

Companies will make known to the Company or Staff Delegates Committees the models of written work contracts that are used, as well as TC-1 and TC-2.

Article 67. Union quotas.

At the request of the workers affiliated to the trade unions recognized in Article 62, the companies will discount on the monthly payroll of the workers the amount of the corresponding union fee. The worker concerned in carrying out such an operation shall forward to the Management of the undertaking, a document in which he clearly expresses the order of discount, the central or union to which he belongs, the amount of the fee, and the number of the current account or book of the savings bank, to which the corresponding amount must be transferred. The undertakings shall carry out the following measures, unless otherwise specified, for periods of one year.

The company's management will provide a copy of the transfers, and a nominal relation of the transfers to the corresponding union representation.

Article 68. Information.

The trade unions that are signatories to this Collective Agreement may send information to all companies in which they have sufficient and appreciable affiliation, in order to be distributed, outside of working hours, and without, in any case, the exercise of such a practice could disrupt the development of the production process.

These unions will be able to insert communications into a bulletin board, whose effects will be copied from them to the address or title of the center, without this mandatory copy being a process of authorization for the insertion of the communication.

SECTION 2.a GUARANTEES

Article 69.

Delegates or members of the Business Committees will enjoy the guarantees granted to them by the Workers ' Statute.

Also, they will have the credit of paid monthly hours that the Law determines and the guarantee provided for in article 9.2 of the LOLS.

The provisions of the fourth subparagraph of Article 32 (1) of this Convention shall not apply to those hours. Without exceeding the legal maximum, the paid hours available to the members of the Staff Committees or Delegates may be consumed in order to provide for the assistance of the members to training courses organized by their trade union, training or other entities.

Article 70. Systems of accumulation of hours.

In order to facilitate the representation at the higher level of the workplace, the trade unions with presence in the Intercenters Committee will be able to use the system of accumulation of hours at the level of the entire company.

Delegates or members of the Committee may waive all or part of the credit of hours that the Law in question recognizes, in favor of another or other Delegates or members of the Committee or Trade Union Delegate. For this to take effect, the transfer of hours shall be submitted in writing, in which the following points shall be included: Name of the transferor and the transferee, the number of hours transferred and the period for which the transfer is effected, which shall be the full months, up to a maximum of one year, and always in advance of the use of the hours by the transferee or transferee.

Article 71.

Trade union delegates, staff members and members of the business committee whose remuneration is partly fixed by commissions on sales, shall receive from the time of their choice, and during the use of the hours the amount corresponding to the average commission obtained during the days actually worked for the month in question.

On the assumption that the number of days worked in the month for accumulation of hours, are not significant, it will be taken as a reference for the calculation of the first paragraph, the last month of work without incident significant of the trade union hours.

TITLE IV

Interpretation of the Convention and Voluntary Resolution

of collective conflicts

CHAPTER I

Mixed Committee

Article 72.

Both negotiating parties agree to establish a Joint Commission as a body for the interpretation and monitoring of compliance with the present Collective Agreement, based on Alfonso XI Street, number 3, first, 28014 Madrid.

Article 73.

the Joint Commission will be composed of eight representatives of the union organizations that have signed the Collective Agreement, and eight of the businessmen affected by it, represented by ANGED. In the act of its constitution, the Joint Committee, in plenary session, shall elect one or two secretaries.

In addition, the Commission may be interested in the services of occasional or permanent advisers in all matters falling within its competence, who will be freely appointed by the parties.

Article 74. Procedure.

The matters submitted to the Joint Committee shall be of an ordinary or extraordinary nature. It shall give such qualification any of the parts of it.

In the first case, the Joint Commission will have to resolve within 15 days; and in the second, in forty-eight hours.

Article 75. Functions.

The following are specific functions of the Joint Commission:

1 Interpretation and development of the Collective Agreement.

2.o At the request of the parties, it must mediate or arbitrate, if it receives the corresponding mandate, in the treatment and solution of all questions and conflicts of a collective nature that may arise in the field of application of the Present Collective Agreement.

3.o You will be able to carry out tasks of monitoring compliance with the agreed upon, and especially of the mandatory stipulations inserted in the Convention.

4.o Understand, prior to and compulsory to the administrative and judicial route, in relation to the collective conflicts that may be brought, by those who are entitled to do so with respect to the application and interpretation of the provisions of this Collective Convention. The submission and

resolution of a matter by the Joint Committee will exempt from the procedure of prior knowledge when the same is repeated.

5.o The parties may request that the Joint Committee draw up an annual report on the degree of compliance with the Collective Agreement, the difficulties arising in its application and interpretation, and the development of the work provided for in the Convention itself and in charge of its performance for specific commissions.

6.o Develop the list of mediators or arbitrators referred to in Chapter II of this Title.

CHAPTER II

Voluntary collective conflict solution procedures

Article 76.

The signatory parties to this Convention consider it necessary to establish voluntary procedures for the solution of collective conflicts by not depleting the tasks entrusted to the Joint Commission with the needs of the (a) in this respect, they may arise between undertakings and employees in relation to the application and interpretation of the agreement and their suitability for the circumstances in which the work is carried out and carried out in each undertaking.

To this effect they assume the contents of the ASEC without prejudice to the provisions of the following articles.

Article 77.

They may be subject to voluntary dispute settlement procedures for disputes or labour disputes involving a plurality of workers, or in which the interpretation, which is the subject of divergence, affects supra-personal or collective interests. They will also have the character of collective conflicts which, however promoted by an individual worker, their solution is extensible or generalizable to a group of workers.

Article 78.

They will not be affected by the voluntary dispute settlement procedures set out in this Convention, those dealing with matters of social security.

Individual conflicts or which are deducted by application of the new classification system will necessarily be the subject of mediation and arbitration in the event of failure of the first.

Article 79.

The voluntary procedures for the solution of collective conflicts are, in relation to the implementation of the agreement:

1. Interpretation provided within the Joint Committee.

Such a resolution will occur in accordance with the provisions of Chapter I.

2. Mediation.

3. Arbitration.

Article 80.

1. The mediation procedure shall not be subject to any pre-established procedures, except the appointment of the mediator and the formalisation of the agreement which, if appropriate, is reached.

2. The mediation procedure shall be voluntary and shall require agreement by the parties, which shall record the differences, by designating the mediator, and by indicating the management or arrangements on which they will function. A copy shall be forwarded to the Secretariat of the Joint Committee.

3. The appointment of the mediator shall be made by mutual agreement between the parties, preferably among the experts included in the lists approved by the Joint Committee.

The Secretariat of the Commission shall communicate the appointment to the mediator, also notifying all those extremes that are accurate for the performance of their duties.

4. Without prejudice to the above paragraphs, either party may address the Joint Commission, requesting its good offices to promote mediation.

In the absence of such a request, where there are reasonable grounds for doing so, the Joint Committee may, acting unanimously, agree to address the parties urging them to request the settlement of the dispute through mediation.

5. Proposals for a solution offered by the mediator to the parties may be freely accepted or rejected by the parties. In the event of acceptance, the agreement achieved will have the same effectiveness as the agreement reached in collective agreement.

This agreement shall be formalised in writing, being submitted to the competent labour authority, for the purposes and within the time limit laid down in Article 90 of the Staff Regulations.

Article 81.

1. By means of the arbitration procedure, the parties to the dispute voluntarily agree to entrust a third party and to accept in advance the solution that the latter dictates about their differences.

2. The agreement of the parties promoting arbitration shall be formalized in writing, shall be referred to as an arbitration undertaking and shall include at least the following:

Name of the appointed arbitrator or arbitrators.

Issues that are submitted to the arbitration award and the deadline to dictate it.

Domicile of the affected parties.

Date and signature of the parties.

3. Copies of the arbitration commitment shall be made to the Secretariat of the Joint Committee and, for the purposes of constancy and publicity, to the competent Labour Authority.

4. The appointment of the arbitrator or arbitrators shall be free and shall be subject to impartial experts. The appointment will be carried out in the same way as the one indicated for the mediators in Article 80 of this Collective Agreement.

5. Once the arbitration commitment has been formalised, the parties shall refrain from any further proceedings on the matter or issues subject to arbitration.

6. Where a collective dispute has been submitted to arbitration, the parties shall refrain from striking or lockout for the duration of the arbitral proceedings.

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

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

9. The arbitrator or arbitrators, who shall always act jointly, shall communicate to the parties the decision within the time limit set out in the arbitration undertaking, also notifying the Secretariat of the Joint Committee and the competent Labour Authority.

10. The decision, where appropriate, shall be the subject of deposit, registration and publication in the same way as those provided for in Article 90 of the Staff Regulations.

11. The arbitration decision shall have the same effectiveness as the agreement in collective agreement.

12. The arbitration procedure referred to in Article 80 of this Collective Agreement shall apply.

Article 82.

Prior to the exercise of the right to strike, the parties undertake to exhaust the voluntary dispute settlement procedures provided for in this Chapter.

Final disposition first.

As not provided for in this Convention, the provisions of the applicable legislation shall apply.

Final disposition second.

The signatory parties to this Collective Agreement have exhausted their respective negotiating capacity in the treatment of the various subjects that have been the subject of the Convention, and so they have been exhausted in the context of this Convention. undertake not to promote lower levels of recruitment or issues, using the channels of the Enterprise Committees, which may involve revisions of the agreed upon.

It is excluded from the present Disposition the treatment of those subjects that have an express reference in the Convention at the company level as distribution of the day, implantation or modification of incentives, and the provisions in Article 47 of the Collective Agreement.

Final disposition third.

With regard to those undertakings which may claim a deficit or loss, the contracting parties shall refer to the provisions of the Interfederal Agreement of 9 October 1984 (Chapter II, Article 3, 2, c).

Companies that claim to be incurred as referred to in the preceding paragraph shall communicate such an extreme to the signatory parties to this Convention. This communication must take place within a period of seventy-two hours from the date of signature of this Convention, for members of ANGED, and in the period of 15 days for other companies, as from their publication in the Official Journal of the European Communities. Status ".

The Joint Committee will ensure the exact implementation and implementation of the procedure provided for in the Interconfederal Agreement.

The trade unions, for the purpose of complying with the established procedure, and after examination of the allegation produced, in the terms established by the Interconfederal Agreement, will transfer to the parties the fixing of the wages.

Final disposition fourth.

The conditions agreed in this Convention constitute a whole that cannot be modified by subsequent provisions, except that in global computation and taking into account each and every one of the conditions for this Convention These will be more beneficial, in which case they will be applied with the absolute exclusion of each and every one of the concepts agreed in this Convention.

Final disposition fifth.

Those workers affected by this Collective Agreement contracted for a time equal to or greater than nine months and who have remained in the company in the Initiation Group and whose contracts are extinged for having After the time for which they were hired, they will receive, in addition to the economic compensation provided for in the Collective Agreement, a compensatory amount of 3 per 100 of the Base Salary received during their stay for more than nine months. in the Initiation Group.

Final disposition sixth.

The Joint Commission of the Collective Agreement shall have the power to submit to the mediation and arbitration mechanisms contained in it those clauses of the work contracts that are used as "standard clauses".

First transient disposition. Reclassification of staff and recognition of services provided.

I. Within three months of the signing of the Collective Agreement and with effect from 1 January 1997, the companies will reclassify the employees, in accordance with the new classification system provided for in the new Collective Agreement.

To perform this reclassification will be operated as follows:

(a) General workers shall move to the new groups in accordance with the table of equivalences attached, specifying not only the previous Professional Group, but the post or function, or the category before has been established if the professional classification is maintained with this system, in order to clarify the transformation process.

The above indicative table lacks value for other purposes other than to serve only as a guide in the reclassification process to be performed for once.

In the process of transformation, for once, historical criteria have also been taken into account for certain basic categories or trades, whose transformation of functions into reality makes them not applicable to the future (tailors, cutters, administrative officers, middle graduates, etc.).

Similarly, it has been weighted that there was a higher level of pay for some groups of these workers, whose professional qualification is now changed without the possibility of a future assimilation. as the one made at the present time.

On the other hand, the existence has also been taken into account, in certain trades with the character of historical, rank or scale as auxiliaries, helpers, third, second and first officers who do not obey criteria real and functional, have been maintained or assumed by the companies without, therefore, once the transformation has been carried out can be considered towards the future, due to the change of the system of classification established in this Convention.

Also, in certain cases where multiple workers are matched by the same old category for their pass to the Coordination Group, this will be taken into account in the same working group. In order not to interfere in a proper hierarchical organization of the group towards the future.

These criteria will also serve as a guide for companies whose employees are incorporated for the first time into the Collective Convention of Large Stores.

(b) The reclassification shall be carried out only once upon a proposal by the Management of the Company and its execution shall be agreed with the representation of the workers in the field of the reclassification.

The reclassification thus operated will be given to the Joint Commission of the Collective Agreement.

In the case of a discrepancy between the company's management and the workers ' representation, the parties will submit their differences to the Joint Commission of the Collective Agreement, which will necessarily resolve the issue by the parties. mechanisms established in Chapter II of Title IV of the Collective Agreement, finally submitting the question to arbitration, for the alleged failure to reach agreement on the mechanisms of interpretation or mediation. To this end, the Joint Committee shall appoint between two and five arbitrators, who shall decide on the matter at issue by date of entry into the Commission (one of the employers 'and other employees' representation). The questions submitted will normally be dealt with by a single arbitrator, unless the issue of the issue advises the Joint Commission to form a Court of Arbitration composed of three arbitrators. In this case each of the parties shall appoint an arbitrator and the third party shall be chosen for the turn of general alternation.

(c) If positions or functions on which discrepancies exist in order to their prevalent activity for the framing of the same in one of the Professional Groups will be created in the future, the Commission shall be equally competent. Mixed to resolve them, in case of disagreement to the mechanisms of composition and resolution of conflicts foreseen in the previous section.

d) Acknowledges of past services: Since the new classification system contemplates the exercise of the practice and the way to perform the work as two of the basic mechanisms for the recognition of the classification Professional and special level, the services prior to 1 January 1997, in the field of the enterprise, will be counted as follows in the various assumptions that are contemplated:

A. For classification purposes.

Group of Professionals: For the purpose of time in the Group for the fulfilment of the requirements for promotion to the Coordinators Group, the actual time before 1 January 1997 will be considered to be in the role and in the company.

B. For the purposes of level recognition.

Regardless of the requirements laid down in Article 17a of the Collective Convention for the recognition of the special level, the services provided before 1 January 1997 shall be taken into account as follows: the various functions recognized there:

1. Sales function. -For personnel who develop their work in areas of sale with 80 per 100 or more custom sales and in companies that have sales data per worker, the following criteria will be followed:

The last five years (92/96) will count on the basis of the working data in the companies.

In view of the difficulties involved in obtaining historical data, and for workers aged five years at 31 December 1996, the professional level is recognised, provided that they have been achieved for two years. sales above the average of your area.

The same criterion will be applied to the representatives of the workers who would have been such a condition in the period referred to in Article 71 of the Convention and given the impossibility of having the reference data in reason for its representative activity.

By way of exception and only once in the face of the total lack of historical data, the special level is recognized for those professionals from the sale who have provided continuous services for twenty-five or more years in the activity described in Article 1, A. 1.1, of this Convention.

2. Other functions.-In the other functions, the level recognition shall be carried out for the workers who have previously served on 31 December 1996, in accordance with the classification table provided for in point I. A) of this Regulation. Transitional provision, subject to future level recognition by the criteria and systems provided for in Article 17a of the Convention.

Identical treatment will be given to the sales function in those companies that lack data to know the individual sales volume of their employees.

II. To prevent companies from being forced to bear a higher wage increase than the one agreed in the Collective Agreement for the Generality of Workers, in order to achieve the new base salary and the level complement in their resulting case of the reclassification operated, may the undertakings to bring the necessary quantities of those concepts which, above the basic ones, are received on an annual basis by the workers, unless they are due to reasons of seniority, or of quality or amount of work.

Equal treatment will be established for those companies that for the first time in the future are incorporated into the Collective Agreement of Large and Medium-sized Distribution Companies.

In the assumption that the base salary resulting from the reclassification operated is less than the one that the worker came from, such a difference will be included as a personal complement. This difference may not be compensated or absorbed into the future in such an increased amount with the increases that are made annually for the Salary Base in the Collective Agreements.

Only uploads that are applicable for professional group change or level recognition are excepted from this rule.

The Initiation Group, as it is a new group, will only serve as a framework for contract workers from 1 January 1997 who do not join as apprentices.

Second transient disposition.

Since the compulsory retirement measure at the age of 60 and four is adopted under the additional provision of the Workers ' Statute and is intended to seek a division of labour through the collective bargaining with the replacement of the retired worker, workers who are over sixty-four years old at the date of signature of this Convention and who fulfil the general conditions for access to 100 per 100 of the pension Social security, will be retired within the first year of its term, owing to the companies replace them, even if the application of Royal Decree 1194/1985 does not apply. In the event that the content of the standard in question is repealed or amended during the term of this Convention, undertakings may be entitled to the compulsory retirement of the worker who meets all the conditions for access to a pension. of 100 per 100, if you replace it with another.

Transitional provision third.

Those companies that are incorporated for the first time into the Collective Agreement, within three months of the signing of the Convention or of their incorporation, will proceed to adjust the salary salaries of all workers to the concepts of the Convention as follows:

1. The group base salary: It will be established for the professional group in the Collective Agreement, being able to absorb itself any salary supplement that does not obey to reasons of seniority, or of quality or quantity of work.

2. If the basic salary of the worker is higher than the salary laid down in this Collective Agreement, the final paragraph of Article 21 shall apply.

Transitional disposition fourth.

For workers employed at the time of entry into force of the Collective Agreement, the time worked, even before it, will be counted for the purposes of determining the three years of service delivery. (Article 9), where they are rehired.

Transient disposition fifth. Continuing vocational training.

During the duration of this Convention, the Joint Commission will implement the implementation in the functional area of the II National Agreement on Continuing Training of the Occupied Workers.

Transitional disposition sixth.

In order to comply with the reduction in the number of hours to be distributed annually, the companies, regardless of the faculty contained in Article 32.1, may vary the working hours of the workers affected by the the reduction.

Transitional disposition seventh.

Those companies that, at the entry into force of the new classification system, have established a system of incentive for the performance of the function referred to the worker's stay in the company, they will adapt the same to the criteria of the new classification and without taking into account, in such case, the time attached to the group of Initiation.

Transient disposition octave.

The contracts of work or service, or any contracts concluded under the previous Convention, shall be governed by the provisions of the Convention. Their extensions shall be in accordance with this Convention.

Commitments for the promotion of stable employment

The organizations that are signatories to the Collective Agreement of Large and Medium-sized Enterprises of Distribution for the years 1997-2000, aware of the situation of instability in the employment through which the country crosses, and in the line of Taking into account the criteria set out in the Introduction of the Interconfederal Agreement for Stability in Employment, signed by the CEOE-CESME business organisations and the trade unions CC.OO and UGT, they see fit and necessary their contribution to to promote indefinite recruitment, to promote job integration and training (a) the theoretical and practical training of young people and, in short, to contribute to the stability of employment through the transformation of temporary employment contracts into stable contracts, in accordance with the following commitments:

1. Commitment to indefinite procurement

1. Nomenclature: In order to clarify the content of these Employment Agreements, and to these exclusive effects, the following nomenclature is established:

(a) Temporary contracts: temporary contracts are those which, in the absence of a concerted action under the conditions of interinity, are more than five months long (including extension) and correspond to more of two years of existence.

(b) Full-time contracts: These are those concluded for a day equal to or greater than 75 per 100 of the maximum established in the Collective Agreement.

(c) Temporary employment/stable employment ratio: This is the percentage of the number of temporary contracts-calculated according to criterion (a)-of the sum of the contracts with the indefinite contracts existing in each company (base 100).

2. Indefinite hiring commitment:

(A) Throughout the duration of the Collective Agreement, companies will contract/transform the number of contracts resulting from the application of the number of temporary contracts into indefinite annually the percentage provided for in the collective agreement. The following scale and depending on the relationship between temporary employment and fixed employment in each enterprise as at 31 December of the previous year:

70 per 100 or more = 20 per 100.

60 per 100 to 69 per 100 = 17 per 100.

50 per 100 to 59 per 100 = 14 per 100.

40 per 100 to 49 per 100 = 11 per 100.

30 per 100 to 39 per 100 = 8 per 100.

20 per 100 to 30 per 100 = 2 per 100.

Companies which, by virtue of the provisions of Article 48.1, will compulsorily retire workers in such circumstances, will have to transform into indefinite contracts as many temporary workers as retired workers. the four years of the employment commitment.

Within the end of the first year since the opening of a new center, 25 percent of the workers in the workforce will have to be hired as fixed.

B) The recruitment/processing shall be carried out in homogeneous terms between full-time and part-time contracts, on the basis of the temporary employment/stable employment relationship in each of these modalities.

For the purposes of compliance with the stable employment commitment if they will compute temporary contracts transformed into indefinite contracts of those job centres of less than two years.

Likewise, they will compute for the fulfillment of the commitment the indefinite hires that the companies carry out in each of the periods.

The annual commitment is understood throughout the duration of the Convention, so the annual contracts/transformations of temporary contracts in indefinite above the corresponding number with an annual character and in function of the table above, will compute for the fulfillment of the commitment in successive years.

The hiring/transformation of a full-time contract on an indefinite basis may be computed for the purpose of fulfilling the commitment to transform temporary temporary contracts, but not in reverse.

The commitment is assumed at the company level, accounting for the Direction of its fulfillment by center of work or productive unit annually.

The agreed contracts will be adapted, as far as possible, to the modality of the contract for the promotion of indefinite contracting (additional provision of the Royal Legislative Decree 8/1997), to which effect may transform fixed-term contracts into an indefinite period throughout the duration of the Convention.

(c) The open-ended commitments contained in paragraph (A) above are globally understood within the scope of the undertaking, and other commitments contained in the text of the Convention cannot be added to the same commitments. as the transformation of training contracts into fixed contracts or the replacement of retired workers.

2. Monitoring and reporting

In order to facilitate the monitoring of the commitment acquired in these Agreements and to verify their practical implementation, companies should:

(a) Give prior information to the Intercentres Committee and the Trade Union Committee constituted under the provisions of Article 63 of the Collective Agreement, the number of full-time and part-time workers existing at 31 of December of each year, specifying the number of temporary and indefinite calculated all of them according to the criteria laid down in these Agreements. This information shall be provided within thirty days of the publication of the Convention in the "Official State Gazette" or from the incorporation into it, for the first year of validity, and within the first quarter, for each of the following years of validity of the Collective Agreement, in concrete form, in the meeting held to the effect, the engagement of contracting.

(b) In the third quarter of each year, the Inter-Centres Committee and the Trade Union Committee shall be informed of the extent to which the undertaking has been committed for the year in question by the undertaking, specifying by work centre or (a) productive unit compliance with these Agreements.

(c) On an annual basis and at the meeting provided for in paragraph (a), the Management Board of the undertaking shall report to the Inter-Centres Committee and the Trade Union Committee on the application for indefinite contracts of the previous year, knowledge of the hiring/transformations made nominally by the legal representation of the workers in the field of the center or productive unit where the contracted in a stable way provides its services.

(d) The undertakings concerned by serious crisis situations are exempted from the previous undertaking, as shown by the presentation of the administrative file.

(e) Failure to comply with these employment commitments shall result in the undertaking concerned not being able to use, until the performance of the undertaking, the mode of temporary employment or service provided for in this Article. in Article 12 (B) (2) of this Convention.

(f) The Joint Committee shall ensure strict compliance with the duties of precise information for the purposes of pointing out the commitments made here and the degree of implementation thereof in the field of employment, having powers in order to obtain from the undertakings the necessary information and to decide, in the event of non-compliance, the imposition of the penalty referred to in the preceding subparagraph.

3. Temporary work enterprises

The parties to this Protocol of Employment undertake to study and to make their own, where appropriate, the agreements which may be derived from the tripartite group which is believed to be the subject of development of point 5 of the Interfederal Agreement for the job stability.

Quarterly, companies that use temporary workers 'workers will have to bring to the attention of the workers' representatives at the level of the labor center or the productive unit the contracts of provision and the reason for its use, without it being able to constitute the cause of the temporary sectoral recruitment created under Article 12 (B) (2) of this Collective Agreement.

4. Contracting services

The companies affected by this Convention undertake to comply within the scope of the work centers and with the legal representatives of the workers the obligations of quarterly information contained in the article 64,1.1.o of the Staff Regulations, in particular where the supply of goods is carried out by the staff of the supplier in the commercial centre.

5. Economic compensation

Those workers affected by this Collective Agreement, whose temporary contracts of duration equal to or greater than one year are extinged, for having elapsed the time for which they were hired, and who are not entitled In the case of any financial compensation, they shall receive a compensatory amount of seven days of base salary per full year of service, or their proportional share, with the fraction of the month as a whole month.

Clarification provision.

The Joint Committee of the Collective Convention, in session of the day of the day, has understood on Articles 32.7 and 40 of the same:

1. The accumulation of up to four weeks is reserved for half a day of rest, with the accumulation of the full day of rest limited as a Sunday general rule, for periods of up to fourteen days, all in accordance with the Article 37 of the Staff Regulations.

2. The right contained in the second paragraph of Article 40 of the Collective Agreement extends to all those workers, irrespective of their status as fixed or not, who have their employment contract, without any continuity solution, (a) is expressly suspended from its employment relationship for the cause contained in Article 45.1 (a) of the Staff Regulations.

EQUALIZATION IN DEPARTMENT STORES

Group

professional

Start/Category/Function

position

work

Group I./Administrative Auxiliary. /Professional

Tag Helper. /Professional.

Maintenance Helper. /Professional.

Official Dec. and Advertising. /Prof./Prof. Nivé.

Operator Helper. /Professional.

Cajera Dpta. Self-service. /Professional.

Service Cajera. /Professional.

Packer. /Professional.

Label. /Professional.

Mozo Cleaning. /Professional.

Mozo Parking. /Professional.

Mozo Testers. /Professional.

Reception Mozo. /Professional.

deliveryman. /Professional.

Rotulist. /Prof./Prof. Nivé.

Telephone. /Professional.

Seller. /Prof./Prof. Nivé.

Textile/Electro Seller. /Professional.

Acc Controller and Ser. /Professional. Seller's Assistant. /Prof./Prof. Nivé.

Trade Assistant. /Professional.

Seller Car., Pesc., Charc. /Professional.

Seller of 1.a/Prof. Esp Level.

Maintenance Officer. /Prof. Esp Level.

Professional professional. /Prof. Niv ./Coor.

Official Administration. /Prof. Esp Level.

Warehouse dependent. /Professional.

Vigilant. /Professional.

Assistant Dec. -Advertising. /Professional.

Ordinance. /Professional.

Cleaner/a. /Professional.

Store Assistant. /Professional.

Secretariat. /Prof. Niv ./Coor.

Demonstrator-Promoter. /Professional.

Specialized Mozo. /Professional.

Ascensorist. /Professional.

Concierge. /Professional.

Data Encoder. /Professional.

Official of the 1.a Garment. /Prof. Esp Level.

1.a Machinist/Prof. Esp Level.

Machinist. /Professional.

Receptionist. /Prof. /Coord.

Kitchen Assistant. /Professional.

Cajera Auxiliary. /Professional.

Official P./Professional Assistant.

Goalkeeper. /Professional.

orient Seller. Sup. /Professional.

Bar Dependent. /Prof./Prof. Nivé.

Seller (Super. coffee). /Professional.

Seller Assistant (SC). /Professional.

Reponedor. /Professional.

Assistant Computer Operator. /Professional.

Apparel Assistant. /Professional.

Helper Depte. Hospitality. /Professional.

Dependent Hospitality. /Professional.

P./Professional Officer.

Mozo. /Professional.

Official Positions. /Prof. Esp Level.

Stock Managers./Coordinator.

Marmiton. /Professional.

Customer Service Helper. /Professional.

Recovery Helper. /Professional.

SAC Hostess. /Professional.

Professional 2.a/Prof. Esp Level.

Group II. /Cajera central. /Coordinator.

Cajera main Auto. /Coordinator.

Cajera mayor. /Coordinator.

1.a Maintenance Officer. /Prof. Niv ./Coor.

Operator. /Prof. Esp Level.

Department bilingual department. /Coordinator.

Delineant. /Prof. Niv ./Coor.

Official Professional of 1.a/Prof. Niv ./Coor.

Professional Officio P.F. /Prof. Niv ./Coor.

Monitor. /Coordinator.

The main Cajera. /Coordinator.

Decorator. /Prof. Niv ./Coor.

Seller of 1.a coffee. Sale. /Prof. Esp Level.

Official Review. /Prof. Esp Level.

storefronts. /Prof. Esp Level.

1.a Data Encoder/Prof. Esp Level.

Cook. /Prof. Esp Level.

Official Kitchen. /Prof. Esp Level.

Esp Client Service Helper. /Prof. Esp Level.

Cajera (ECI four functions). /Prof. Esp Level.

Programmer Helper. /Prof. Esp Level.

Official Composes of 1.a/Prof. Esp Level.

Specialist seller. /Prof. Esp Level.

Dependent 1.a Hotel/Coordinator.

Official Tag Out. /Prof. Esp Level.

Commercial Secretariat. /Prof. Esp Level.

Administrative officer. /Prof./Prof. Niv.

Carpenter. /Prof. Esp Level.

Store. /Prof. Esp Level.

Cartoonist. /Prof. Esp Level.

Group III. /Second section. /Command.

Programmer Helper. /Prof. Esp Level.

Officer of 1.a Administration. /Coordinator.

Sastre. /Coordinator.

Secretariat bilingual address. /Coordinator.

cartoonist Rotulist. /Coordinator.

Responsible Battery Zone. /Coordinator.

Seller Promoter. /Prof. Esp Level.

Programmer. /Coordinator.

Computer Operator 1.a/Coordinator.

Head of Team/Item. /Coordinator.

Interpreter. /Prof. Esp Level.

Translator. /Coordinator.

Eyeliner. /Coordinator.

Outline of 1.a/Coordinator.

Medium grade technician. /Technician.

Titled middle grade. /Technician.

Technical department. /Technician.

Specialist decorator. /Coordinator.

Payroll Manager. /Coordinator.

Monitors (IKEA 6). /Coordinator.

Receipt of goods. /Coordinator.

Computer Operator 1.a/Coordinator.

head Hospitality Unit. /Coordinator.

Technical Assistant. /Technician.

Cutter. /Coordinator.

Shopping Assistant. /Prof. Niv ./Coord.

Group IV. /Technical section. /Technician.

Computer Programmer 1.a/Technician.

Chief Commercial Section. /Command.

Chief Services section. /Command.

Head of translators/MHS. /Technician.

Head of Maintenance. /Technician.

Assistant Chief Purchases. /Technician.

Administrative Technician. /Technician.

Capataz. /Prof. Esp Level.

Group V./Doctor. /Technician.

ATS. /Technician.

Technician. /Technician.

Deputy Admon address. /Technician.

Deputy Business Address. /Technician.

Deputy Personal Address. /Technician.

Group Chief. /Technician.

Chief of Admon. Personal. /Technician.

Head of department. /Command.

Charge. /Technician.

Buyer. /Technician.

Systems Technician. /Technician.

Titled top grade. /Technician.

Analyst. /Technician.

Group VI. /Staff Director. /Command.

Director of Administration. /Command.

Commercial Director. /Command.

Chief Financial Officer. /Command.

Store Director. /Command.

Branch Manager. /Command.

Chief Accounting Officer. /Command.

Expansion Director. /Command.

controls. /Technical Administration. /Coordinator.

Controls and Tables. /Command.