Key Benefits:
Having regard to the text of the State-wide Collective Agreement for the Industries of the Curtid, Correas and Cueros Industriales and Curtition of Pelts for Pelfursal (Convention Code number 9901465), which was signed on 29 July 1997, on the one hand, by the employers ' associations Spanish Council of Curtidores and FECUR, representing the companies in the sector, and the other, by the trade unions FIA-UGT and FITEQA-CC. OO., representing the working group concerned, and in accordance with the provisions of Article 90 (2) and (3) of the Royal Decree of Law 1/1995 of 24 March, approving the recast of the Law on the Statute of the 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, September 17, 1997. -Director General, Soledad Cordova Garrido.
STATE-WIDE COLLECTIVE LABOUR AGREEMENT FOR TANNING INDUSTRIES, INDUSTRIAL BELTS AND HIDES AND SKINS FOR FUR SKINS FOR 1997, 1998 AND 1999
CHAPTER I
General rules
SECTION 1.a TERRITORIAL, FUNCTIONAL AND PERSONAL SCOPE
Article 1. Territorial scope.
This Convention is of compulsory application throughout the territory of the Spanish State.
Article 2. Functional scope.
The Convention obliges all the tanning industries, industrial belts and hides and skins for fur skins.
Article 3. New installation companies.
The Convention also requires the newly installed companies that are included in their scope.
Article 4. Total obligation.
The companies concerned will be in full, except as indicated in Article 5, on a personal basis.
Article 5. Personal scope.
Affects all workers in the companies included in the functional area, as well as the staff who are part of the respective staff.
The members referred to in Article 1 (c) of the Staff Regulations shall be exempt.
SECTION 2.A VALIDITY, DURATION, EXTENSION, TERMINATION AND REVIEW
Article 6. Effective.
This Convention shall enter into force on the day published in the Official Gazette of the State. However, it shall have full effect from 1 January 1997.
Article 7. Duration.
This Convention shall expire on 31 December 1999.
Article 8. Termination and review.
The denunciation of the Convention shall be made one month in advance of its expiration, extending from year to year, if it does not mediate the express denunciation of the parties, except in the economic aspects.
SECTION 3.A COMPENSATION, ABSORBABILITY AND GUARANTEE "AD PERSON"
Article 9. Nature of the agreed conditions.
The agreed conditions form an indivisible organic whole and the effects of its practical application will be considered globally.
Article 10. Compensation.
The conditions set out in this Convention will be fully offset against those previously governed by the functional scope of the companies concerned, by virtue of legal imperative, case law, administrative-administrative, Collective Labour Convention, pact of any kind, individual contract, etc.
Consequently, in their own terms, the rules, conventions and agreements that the companies have, without any modifications that would be necessary to ensure the perception of the economic conditions of the This Convention shall, in annual global computation and in respect of all the concepts paid, and, in the case of incentives or premiums, up to 40 per 100 to optimum activity.
They will not be compensable:
a) Holidays longer than those agreed in this Convention.
b) Working day less than that established in this Convention.
c) Compensation in cash of compulsory labour economics.
d) Plus transport compensation and allowances.
e) Special conditions concerning accidents, sickness and maternity, in excess of those agreed upon, considered as personal.
(f) Supplementary retirement schemes which may be established by undertakings.
g) Uses and customs of each area, locality and company.
Article 11. Implementation in the economic order.
In the economic order and for the application of the Convention in each specific case, it will be agreed upon, with abstraction of the previous salary concepts, their amount and regulation.
Article 12. Absorbability.
In view of the nature of the Convention, future legal provisions involving economic variation in any of the existing remuneration concepts or the creation of new ones will only be effective if, The total level of these will be exceeded, and will be taken into account in the Convention and in annual accounts. Otherwise, they will be considered to be absorbed by the improvements established in this Collective Agreement and will continue in force on their own terms.
The total economic improvements to this Convention relate solely and exclusively to the performance called normal on the day set out therein.
Article 13. "ad personam" warranty.
Personal situations that exceed the pact in its global content and in annual computation will be respected, strictly maintained "ad personam".
Article 14. Minor pacts.
Collective Agreements or covenants negotiated in any field other than this Convention shall at least ensure the economic conditions, in annual global computation, as laid down in this Convention.
Article 15. Clause for non-application of the wage regime.
The wage increase agreed in this Convention may not be applied in whole or in part only in the case of companies whose economic stability may be damaged as a result of such an application. Such economic stability will only be considered to be damaged when the application of the increase can cause irreparable damage to the economy of the company as forecast.
In order to benefit from such inapplicability, the company must make the request before the workers ' representatives and the Joint Committee of the Convention within 30 days of the publication of the Convention in the 'Official State Gazette'; in the absence of representatives of the employees, the company shall directly make the request to the Joint Committee, accompanied, in any case, by the following documentation:
(a) The justification for the application.
(b) Documentation showing the cause invoked, which will necessarily include the one presented by the company to the official bodies (Ministry of Finance, Commercial Registry, etc.), referring to the last two years.
c) Alternative wage proposal and possible recovery pact.
The parties may reach agreement within a period of 15 days which may be notified to the Joint Committee of the Convention to acquire full effectiveness.
If no agreement is reached within the company, the matter will be raised to the Joint Committee of the Convention which will be the competent one to settle in the final analysis and, where appropriate, to set the alternative salary conditions.
If the Joint Commission fails to reach an agreement, the matter will be referred to arbitration. The arbitrator shall be appointed by the Joint Committee within 15 days of the date of the decision in which the disagreement is established.
The agreements on inapplicability reached by the representatives of the workers and the company, ratified by the Joint Commission, those reached by the Joint Commission and the arbitration awards, will be executives.
SECTION 4.A BINDING TO THE ENTIRE
Article 16.
In the event that the competent court, in the exercise of its own powers, does not approve any of the essential covenants of the Convention, it would be without practical effectiveness, having to be reconsidered. total content.
CHAPTER II
Joint Commission
Article 17. Joint Commission for Interpretation, Surveillance and Mediation.
For the interpretation, monitoring and mediation of this Convention, a Joint Commission shall be established, of which the person who chooses both representations of its members shall be President.
This Commission is composed of:
(a) Two representatives of Comisiones Obreras, two representatives of the General Workers ' Union, two representatives of the Spanish Council of Curtidores and two representatives of the Spanish Association of Curtid Entrepreneurs, and their representatives. alternate members, appointed from among those who formed the Negotiating Committee of the Convention.
(b) The Joint Committee may be incorporated by the advisers or technicians who consider both representations, with a voice but without a vote.
The scope of the Joint Commission's action will be the same as the Convention, which can be met anywhere in the Spanish State, as well as appoint commissions or papers to act in areas, geographical areas and for (a) to intervene in specific cases, and which will be constituted at least by two representatives of employers and two of the employees, of which the Joint Committee is formed.
Article 18. Functions of the Joint Committee.
This Commission will have the following specific functions:
a) Interpretation of the application of all the clauses of this Convention.
b) Monitoring of compliance with the agreement.
(c) Other than any other than the provisions in force in the field of collective agreements and concordant provisions, and others which are enacted in the future.
d) This Joint Committee shall ensure that the correct procedure is followed in the implementation of the work systems.
(e) Monitoring and control of clandestine work, and at home: The Joint Committee shall be informed of the clandestine work carried out in the undertakings and at home. The specific functions of this Commission include the one defined on the reality of the situations of secrecy and of the non-compliance with the legal regulations in force for the work at home.
(f) Other activities which tend to be more practical for the implementation of the Convention.
Article 19. Procedure for calls and meetings.
1. The employers 'and employees' representations may submit to the Commission any matter in the matter of their competence, by addressing the President of the Joint Committee, stating in written reasoning, the purpose of the inclusion in the order of the day of the next meeting the topic that interests.
2. The Commission shall meet on the last Wednesday of each month.
3. The Commission shall meet at the local and local level which for this purpose is indicated and enabled.
4. In order to be validly constituted, the Commission must be present at least three members of the social representation and three other members of the business.
5. The Joint Committee shall be convened on the day and place referred to in the call, and shall understand the subject matter of the call, adopting the agreements deemed appropriate.
If any issue raised outside such an entity which is specified by the parties concerned will be specified or clarified by the parties concerned, the Commission shall, within seven days, give them to the Commission or to the Commission or (i) a delegation which will move to the place of the problem and, after analysing the views of both parties, will issue by a majority the resolution it deems appropriate, to which the parties must submit, without prejudice to the administrative or legal proceedings.
6. From the meetings of the Joint Committee in plenary or by committee or by delegation, the minutes of the agreements obtained and the positions, if any, of each of the representations shall be lifted.
Article 20.
The functions of the Joint Committee will not impede the free exercise of actions before the administrative jurisdictions and have provided for the legal provisions in force, except as provided for in Article 15.
Article 21. Guarantee of the members of the Commission.
Members of the Joint Commission will be counted on the hours spent in meetings of the Joint Commission as if they were actually worked.
CHAPTER III
Article 22.
1. This agreement regulates the procedures for the settlement of disputes between employers and employees or their respective representative organisations of the tanning industry.
2. The following are left out of this agreement:
The conflicts that are about Social Security.
Those in which the State, Autonomous Community, Diputations, Councils or agencies dependent on them are party that are prohibited from the transaction or agreement.
Article 23. Collective conflicts.
1. They shall be subject to the voluntary dispute settlement procedures covered by this Chapter, such disputes or labour disputes involving a plurality of workers, or in which the interpretation, the object of the divergence, it affects supra-personal or collective interests.
2. For the purposes of this Chapter, collective conflicts shall also be those which, however promoted by an individual worker, are extensible or generalizable to a group of workers.
Article 24.
The voluntary procedures for conflict resolution are:
(a) Interpretation agreed within the Joint Commission on Interpretation, Surveillance and Mediation.
b) Mediation.
c) Arbitration.
Article 25.
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 pointing out the management or arrangements on which they shall 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.
4. Without prejudice to the above paragraphs, either party may refer to the Joint Commission for its good offices to promote mediation. This proposal will be made by the Joint Committee to the parties in conflict by offering them mediation.
In the absence of such a request, where there are fundamental reasons 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 obtained will have the same effectiveness as the one agreed upon in the Collective Agreement.
This agreement shall be formalised in writing, and shall be submitted to the competent labour authority for the purposes and within the time limit laid down in Article 90 of the Staff Regulations, where appropriate.
Article 26.
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 designated 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 Commission 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 25 of this 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, 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 laid down 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 be the same as the effectiveness of the collective agreement.
12. The arbitration procedure referred to in Article 25 of this Agreement shall apply.
Article 27. Joint Committee.
For the purposes of this chapter, the Joint Committee will have the powers and powers already mentioned, and in a primary way the following:
a) Approve an Operating Regulation.
b) Set the list of mediators and referees.
(c) Encourage the use of these procedures as a means of concertation and a solution to the dialogue of labor conflicts.
d) Spread the content of what is here agreed between workers and entrepreneurs.
e) To analyse the results of these procedures in the light of studies and reports prepared by the Secretariat of the Joint Committee.
CHAPTER IV
Organization of the job
SECTION 1.a
Article 28.
The practical organization of work, as provided for in this Convention, corresponds to the company's management, which will carry it out through the regular exercise of its powers of management and control of the work.
Without the authority that corresponds to the company or its legal representatives, the representatives of the workers will be heard in everything related to the organization and rationalization of the work.
The organization of the work includes the points listed below, in a non-exhaustive way, but merely enunciative:
1. The requirement of normal activity and, consequently, of minimum established performance.
2. The award of the machinery or the task necessary for the development of the worker's activity.
3. The fixing of the permissible waste and quality indices throughout the manufacturing process.
4. Vigilance about the care and cleaning of the machinery, which will be done within the working day.
5. The mobility and redistribution of personnel, in accordance with the needs of the organization and the production, respecting the salary for all the concepts achieved, without prejudice to their professional training and the necessary period of adaptation which, at most, will be six months.
In cases of individual move from one job to another, the following will be taken into account:
(a) During the period of adaptation, where necessary, the worker shall be respected, plus the incentives which he may continue to receive in his previous job.
(b) Within three months from the date of the end of the adjustment period, where applicable, the worker shall be respected for the incentive fees from his place of provenance, where such charges apply. are superior to those who are in their new position.
6. To carry out during the period of the work organization the modifications in the methods of the same, rates, distribution of the staff, change of functions and variations in the machines and the materials that facilitate the comparative study with reference situations or the technical study in question.
If, during the trial period, higher than normal activities are obtained, they will be paid in accordance with the rates established during the trial period, and the total amounts to be charged for this concept must be regularised. The rates are approved.
In the event that the rates are not definitively established, the higher activity will be paid in proportion to what exceeds normal activity.
7. The adaptation of the workloads, yields and rates to the new conditions resulting from the change of operating methods, manufacturing processes, change of materials, machines or technical conditions of the same.
Article 29. Functional mobility.
In order to improve the competitiveness of the sector, taking into account the needs of the company at any time, the parties to this Convention recognize a broad functional mobility, without prejudice to legal guarantees and legislative amendments.
Article 30.
Companies will adopt a clear and simple way of calculating remuneration so that workers can easily understand it.
Article 31.
The organization of the work will take into account the following principles and definitions:
Normal activity at work is one that develops a medium person, conscious of his responsibility, with a constant and reasonable effort, without excessive physical and mental fatigue, without the encouragement of a remuneration for incentive and under a competent direction.
This activity is the one that in the different and most common measurement systems corresponds to the rates of 60, 75 and 100.
Article 32.
Optimal activity is the maximum that can be developed by an average person, without prejudice to their professional life.
This corresponds to the previous measurement systems with the indices 80, 100 and 133.
Article 33.
The amount of work to normal activity is the average person who performs such activity, including recovery time.
Article 34.
The amount of work to optimal activity is the one that a person performs to such an activity, including recovery time.
Article 35.
Normal performance is the amount of work that a person performs in an hour of normal activity.
Article 36.
Optimal performance is the amount of work that a person performs in an optimal activity time.
Article 37.
Machine time is the one that uses a machine to produce a quantity of task under certain technical conditions.
Article 38.
Normal time is spent by a person in a given operation to normal activity, without including recovery time.
Article 39.
Limited work is the one in which the person cannot develop the optimal activity throughout his/her time. The limitation may be due to the work of the machine, to the fact of working as a team or to the conditions of the operating method. For the purposes of remuneration, the times of waiting for the pesones due to any of the above limitations will be paid as if the normal activity is worked.
Article 40.
In the limited work, the optimum production will be obtained considering that the minimum production time is the machine time increased to the amount of machine work stop performed in optimal activity. The interference of machines or equipment shall be calculated in the appropriate cases.
Article 41.
The actual template is made up of the employees who at any given time are part of the company.
Article 42.
Any vacancies that occur for any cause shall be freely amortised, except where the vacancy occurs by wrongful termination.
Article 43.
The initiative for the establishment of systems of organization or production control, as well as incentive of work, corresponds to the company and may refer to its totality, to certain sections, or centers or places of work, or to homogeneous units of work.
When the partial implementation of a measured time work system increases workloads in another section or above normal performance, it will be mandatory in the latter system.
Article 44. Procedure for the implementation of work systems.
Section 1.o In the establishment and revisions of the system of work organization, as well as of the incentive system in measured times, the report of the Committee of the Company or the Delegates of Personnel will be required, according to which is set out below:
a) The company may at any time carry out the corresponding studies for the determination of times, using any of the techniques that exist to the effect. In order to carry out these studies, no prior procedure will be necessary, although the Company Committee will be informed of the subject matter, without this being mandatory for the employer in terms of its application.
Once the studies have been completed, and if they are to be used to modify the working conditions or remuneration of the staff, the affected will be informed at least one week in advance of the probationary period; wish, they will ask for the presence of the Staff Delegates or members of the Business Committee. The new studies will undergo experimentation for a maximum period of ten weeks.
b) Finished the trial period, the company will provide the Business Committee or Personnel Delegates, the reasoned study of the same.
In the absence of a Business Committee or Personnel Delegates, workers will be provided with the appointment.
Within a maximum of 15 days from the receipt, the legal representation of the workers, assisted by their technicians, will show their agreement or disagreement with the system implemented.
c) In case of conformity or silence in this respect, the following day the approved system shall enter into force.
d) In the event of disagreement, the reports from both parties shall be forwarded to the Joint Committee of the Convention, in order to decide whether the correct procedure for the implementation of the system has been observed.
(e) In the event of disagreement with the resolution of the Joint Committee, Article 41 of the Staff Regulations shall be subject to the provisions of Article 41 of the Staff Regulations, without prejudice to the possibility of the parties to the mutual agreement being subject to the procedure arbitration provided for in Article 26 of this Convention.
Paragraph 2.o In the application of a system of incentives to production, account must be taken, inter alia, of the following:
(a) The necessary period of adaptation of the workers affected by the working method.
b) The implementation by the company of the method.
c) The perfect division into elementary sequences of the jobs to be timed.
d) The definition of the level of quality required at work and corresponding to the requirement subsequently.
e) The number of hours actually worked per week will necessarily be taken into account.
Paragraph 3.o In the review or implementation of new incentive schemes and during the trial period, the company will have to guarantee workers the incentives they would have obtained as a half-time in the 1990s. (i) prior to working in the normal working day.
During the probationary period, the worker may not be punished for not reaching the required minimum, when the causes are alien to the same or imputable to the system itself.
SECTION 2.A YIELDS AND INCENTIVES
Article 45. Performance agreed.
1. The normal performance that corresponds to the so-called normal activity is the minimum required performance, and the company may determine it at any time, without the failure to do so or to be interpreted as leaving this right.
2. The remuneration for normal performance is determined by the salary of this Convention.
3. To establish incentives, it must be based on normal performance. In those enterprises where there is a system of incentives, they will be absorbed by the salary of this Convention up to the level of normal performance, which is the minimum required by the Convention.
4. Incentives may be collective (by section, chain, groups, etc.), or individual, as determined by the company.
5. Where a job is difficult to measure, a percentage of indirect valuation is required for the application of this incentive to such staff, provided that their activity is higher than usual, consistent with the the result provided of the incentives equivalent to their professional category.
6. Companies that have an incentive system in place, may review it when the amounts of work to activity exceed 40 per 100 of those indicated for normal performance.
7. Undertakings may limit, proportionately reduce and even abolish incentives on an individual basis to all workers who, due to lack of ability or interest and attention, objectively demonstrated, are detrimental to production, without prejudice of the measures which may be applicable to the case.
8. The incentives may be suspended in general or by sections or workers where the purposes pursued by the system cannot be achieved as a result of the lack or simulation of the work in the undertaking, or where appropriate repair or reform of the facilities, with the authorisation of the labour authority.
In such cases, employees shall receive the remuneration for normal performance plus increases in seniority.
Article 46. Review.
The review of times and yields should be performed in the following cases:
(a) By reform of industrial or administrative methods or procedures, in each case.
(b) When the calculation or measurement was made in a manifest and undoubted manner.
(c) When the returns obtained by the person exceed repeatedly of the 140 or their equivalents on other scales.
d) In the event that the above assumptions are not given, by agreement between the company and the Committee.
If a qualified worker performs several tasks of his own in different trades and cannot measure his or her work in one of them, the remuneration for the job will be the responsibility of the job. This is a top-class job.
SECTION 3.A STAFF SYSTEM
Article 47.
Companies will be able to submit to applicants for practical, psychotechnical and medical examinations that they consider appropriate to check their degree of preparation and skills.
Article 48.
Staff recruitment should be carried out in accordance with the provisions in force in this area.
Article 49. Test periods.
A probationary period may be arranged in writing, in which case the worker's income shall be deemed provisional until he has complied with it; this period shall in no case exceed the following periods of time:
a) Technical staff entitled: Six months.
b) Administrative staff: Thirty days.
c) Trade and non-qualified personnel: Thirty days.
d) Other workers: Three months.
Article 50.
The probationary period is fully enforceable as long as it is written, unless the companies decide to give up all or part of it, thus stating in the contract or giving up the contract in writing during their course.
Article 51.
During the trial period, both the company and the worker may unilaterally withdraw from the contract of employment without notice or compensation.
Article 52.
The probationary period shall be computable for the purposes of seniority and during the same period the worker shall have the same rights and obligations as the rest of the staff.
Article 53.
All promotions, excluding the cases provided for in the following Article, shall be carried out among the employees of the company's staff who opt for the place, provided that they meet the appropriate conditions for their performance, demonstrated by the training tests, which will be judged by a Commission constituted within the company and made up of two representatives of the company, two representatives of the employees and the first oldest officer of the specialty on which to view the test.
Article 54.
They will have access to the vacancies of Enladen/a or Head of Section the workers who enjoy the trust of the company exercise a qualified trade and complete their theoretical knowledge prior examination of aptitude before the court In the case of the undertaking, to which the practical knowledge of the workshop and the technology necessary for the performance of his duties is less than that of the undertaking, those who are in possession of training qualifications shall be exempt from such examination. Professional, to any degree.
Article 55.
Companies are obliged to give due publicity, to the knowledge of all the employees of their staff, of the call for vacancies that occur in the different categories and the date of commencement of the tests.
Article 56. Diminished capacity.
Companies will engage staff whose capacity has decreased by age or other circumstances, before retirement, by directing them to work appropriate to their conditions. The person who is unable to work as a result of an accident at work or a professional illness liable to be compensated for the service of the undertaking shall be given preference. In order to place disabled workers, they will have the preferences laid down in their specific rules and the companies of more than 50 fixed workers will have to reserve them up to 5 per 100 of their workforce.
In a manner compatible with the legal provisions, the companies will provide the places of goal, concierge, surveillance, etc., with those of their workers who by default physical, illness or old age cannot follow by performing their trade with normal performance and provided that they are not entitled to a subsidy, pension or own means of support.
The coupled staff will receive the salary according to the category they perform.
Article 57. Transfer of work centre or machinery.
1. In case of transfer of the machinery or work centre to another locality, the company, at least six months in advance, shall be obliged to give notice to the employees ' representatives and to the staff concerned, which shall be entitled to opt for between the shipment, receiving compensation for expenses, or to terminate his contract by means of the indemnity that is fixed as if it was an authorized dismissal for labor or economic crisis, except for a more favorable agreement with the company. In the first case, the worker must be employed in the new locality, receiving the allowance corresponding to the costs of transport, staff and other family members, as well as furniture and other household goods.
2. In such a notice, the company's management must detail in writing the following points: (a) Place where it plans to move the work centre; (b) Possibility or non-housing in the new location and conditions of its rental or property; (c) Fixing of the maximum period of three months for the worker to reply. The period of incorporation of the worker to the new job shall not be less than 30 days.
3. If the worker does not accept the shipment, the company will pay compensation as if it were authorized for technological or economic reasons.
4. In the event that the company did not make the transfer for justified reasons, and any worker would have incurred expenses also justified for the purpose, it will be compensated for the damages caused, checked and appreciated.
5. Without prejudice to the enforceability of the transfer, the worker who has not opted for the termination of his contract is not in accordance with the business decision and may challenge it before the competent jurisdiction.
Article 58.
The cases of evident and proven force majeure or destruction of the work center are excepted from the notice period.
In case of a launch as a result of judicial or administrative decision, the notice will coincide with the date of the firm notification; in case of non-compliance by the company, the deadlines set in articles The above shall be met with the payment to the worker of his/her perceptions.
Article 59.
(a) Fixed staff: It is the fact that, by forming a permanent part of the workforce through income through learning or after overcoming the probationary period, it covers the normal productive needs throughout the whole year.
b) Seasonal staff: 1. It is the contract of a certain time, in order to cover the seasonal needs that the work centers may have when they are not covered by the fixed staff, still working to yield optimal or performing overtime. 2. For the purposes of this Convention, the seasonal contract may not exceed the period of six months, and the duration of the contract shall be determined by each undertaking prior to the commencement of its validity, in the knowledge of the Staff Committee or Delegates. 3. For the determination of the season will be taken into account the circumstances and characteristics of the same, seasonal fashion, trends in short and medium term, size of the pieces in relation to their weights, flexibility of the company in the change of new specialties, industry enclave in the industrial, agricultural area, etc. 4. The seasonal staff may not exceed 10 per 100 of paragraph (a). 5. The renewal of the season contract will be mandatory for the company at the request of the contracted person, with a limit of 75 per 100 of the staff employed in the previous season. 6. It will be the option of the contract worker for three successive seasons to acquire the quality of the company.
c) Interim staff: It is the one that replaces the fixed staff with absence, illness, etc., causing the company to become permanently low when the permanent staff is rejoined.
d) Possible personnel: It is contracted to attend to productive needs, new or extraordinary jobs, superior to the normal ones and whose needs cannot be covered by seasonal staff, nor the fixed staff under those conditions. The contract of the worker shall be a maximum of nine months, in a period of twelve months.
e) Los Peones will move to the category of Peon specialist within six months of their hiring.
(f) Learning: The training contract may be concluded with workers aged 16 and over and under the age of twenty-one years, who lack the required qualifications to carry out a traineeship; the maximum age limit when the contract is designed with a disabled worker; it is excluded as learning work from Peon's own. The nomenclator shall establish the trades and activities in which the apprenticeship contract may be applied.
As not provided for in this article, in terms of form or modalities of recruitment, the legislation will be in force at any time.
Article 60. Notice periods.
1. The personnel who wish to cease in the company's service must give the following notice periods:
a) Managing and technical staff: Two months.
b) Administrative staff: Thirty days.
c) Staff Rest: Fifteen days.
2. Failure to comply with the notice periods will result in a penalty equivalent to the days of delay in the communication, with the result that the company must pay the payment to the producer in the form of finiquito.
CHAPTER V
Economic Conditions
Article 61. Salary.
The salary tables for 1997, with effect from 1 January, will be the ones that will be increased by 2.95 per 100 that were applicable in December 31, 1996.
The salary tables thus calculated are set out in Annex 1 to this Convention.
The salary of the Apprentices will be the one reviewed in the annex number 1 for 100 per 100 of the day.
Review Clause: For review purposes, it is part of an inflation forecast for 1997 of 2.2 per 100. In the event that the consumer price index (CPI) established by the National Statistics Institute will register at 31 December 1997 any variation in more or less than the 2.2 per 100 forecast, a review will be carried out. In the case of the Commission, the Court of the Court of the European Court of the European Court of State held that the Court of State held that the Court of
Salaries 1998: The salary tables for 1998, with effect from 1 January, will be those resulting from the increase in 1997, revised in their case, with the CPI provided by the government for this second year plus 0.95 percent. 100, to this end the Joint Committee of the Convention, as soon as the data is known, will draw up the salary tables for the year 1998, regularizing, in more or less, at the end of the year, in order to guarantee the workers and the enterprises of the The real CPI sector is more than 0.95 per 100 and the only effects of the calculation of wages for 1999.
Salaries 1999: The salary tables for 1999, with effect from 1 January, will be those that will be the result of increasing those of 1998, revised in their case, with the CPI provided by the government for this third year of validity. The Joint Committee of the Convention, as soon as the data is known, will draw up the salary tables for the year 1999, regularizing, in more or less, at the end of the year, in order to guarantee the workers and the In the case of the sector, the real CPI is more than 0,95 per 100 and the sole purpose of establishing the bases for the negotiation of the next Convention.
Article 62.
The same salary structure of the repealed Decree 2380/1973 of 17 August on the management of wages is maintained.
Article 63. Payment of arrears.
The salary arrears of this Convention shall be paid within twenty-five days of the date of publication of this Convention in the "Official Gazette of the State", the corresponding additional contribution being made by the company to Social Security.
Article 64. Advances.
The payment of wages shall be made on a timely and complete basis on the date and place agreed upon or in accordance with customs. The period of time referred to in the payment of regular and regular remuneration may not exceed one month.
The worker and, with his authorization, his legal representatives will be entitled to receive, without the day indicated for payment, advances to accounts of the work already done.
Article 65. Incentives.
For those companies that have been rationalized or that during the term of this Convention implement any system of rationalization of the work, the incentive curve will come defined, for the normal performance, for the salary of the Convention.
The salary for normal activity is retribution, corresponding to normal performance.
For the purposes of remuneration and as long as normal business is not determined, this will be the one for which at any time is being considered as such.
Article 66. Overtime.
Every hour of work performed on the ordinary working day shall be paid with an increase of at least 65 per 100 on the salary that would correspond to each ordinary hour, without any personal discrimination. However, the increase of 65 per 100 may be modified by common agreement between the company and the legal representatives of the workers, with the individual agreements on this subject being null and void. The number of overtime may not exceed 80 per year.
Not to be taken into account, for the purposes of the maximum working time, nor for the calculation of the maximum of the authorized overtime, the excess of hours worked to prevent or repair claims or other damages extraordinary and urgent, without prejudice to their compensation in accordance with the provisions on overtime.
Article 67. Profit participation.
During the duration of the Convention, the participation in benefits is set at 9 per 100 of the salary of the Convention, extraordinary rewards and complement "ad personam" replacement of the age when it corresponds. The benefits shall be paid on a monthly basis, except in the case of an agreement between undertakings and employees, in which case they shall be paid in the form determined by both parties.
Article 68. Extraordinary pagas of July and Christmas.
The extraordinary bonuses of July and Christmas will consist of each one of them in the payment of a monthly payment of the salary of the Convention and the age when it corresponds.
The first instalment will be paid during the first half of July and the second, on December 22.
Article 69. Holidays.
The holidays are established in thirty-one calendar days. Of these thirty-one days, twenty-one calendar days shall be made uninterruptedly, the remaining days, which shall include only two public holidays, shall be enjoyed by common agreement between undertakings and workers or, in the absence thereof, the week of Christmas or the week of Easter week. However, the parties may agree to a period of ininterrrumpid enjoyment up to twenty-eight calendar days.
The enjoyment of the twenty-one days in a row will start on Monday, unless it is festive, in which case the next working day will begin, without prejudice to the fact that for the productive needs of the company it can be advanced or In the case of a reduced number of the staff, it is not possible to reduce the working days on holiday.
In any case, the scheduling of the holidays will be carried out by mutual agreement between the company and the Delegates of Personnel or Committees of Company, two months before the date of enjoyment.
The vacation will be paid with the salary corresponding to the normal activity, plus incentives. The price of the incentives will be obtained from averaging the pesetas obtained by this concept and the hours actually worked during the last thirteen weeks.
Article 70. Seniority.
From the entry into force of the Convention the concept of seniority disappears, the following guarantee being established for acquired rights:
The workers who, before 1 January 1997, are in the process of acquiring the corresponding three-year period, will consolidate it at the moment they reach it, starting from this date, and provided that it is higher On 30 June 1998, as an "ad personam" guarantee, the corresponding amount at that time as a concept of seniority.
Employees who, as of 1 January 1997, started to earn the right to a new three-year period and were already linked to the company before that date, will consolidate as an "ad personam" the (a) proportional to the proportion of the period from 30 June 1998 to 30 June 1998.
Both in the first case and in the second case, as of the date on which the new "ad personam" concept is consolidated, no rights will be generated for new trienes.
These consolidated amounts as "ad personam" guarantee in one and of the other cases will be increased in the successive Conventions in the percentages that increase the salaries of the same, establishing that these amounts are not compensable or absorbable.
Article 71. Night work.
The hours worked during the period from ten to six in the morning, unless the salary has been established on the basis that the work is night by its nature, shall be paid This is a specific increase in the salary of the Convention by 25%. The most beneficial conditions for workers in this respect will be respected.
It is prohibited to perform overtime hours, except in cases and special activities duly justified and expressly authorized by the Ministry of Labour.
Article 72. Tool wear.
When, by the nature of their work or by traditional custom, the worker provides the tools of his or her property, he will receive, in respect of compensation for wear and tear, the amounts that the worker, prior to justification, has paid for such a concept.
Article 73. Plus transport.
Companies that have established their work station more than 2 km from the population and do not have their own means of transport for their staff, will pay each worker with their own home address. municipality a plus of 3.50 pesetas per kilometre per day.
Article 74. Diets.
When, by order of the company, the worker is obliged to spend the night or to carry out maintenance costs outside the company, they will be paid by the company, upon justification of the same and corresponding to those of a hotel of three stars, except also justified.
The travel back and forth will also be on behalf of the company, in the first or second class, in the judgment of the company.
CHAPTER VI
Workday
Article 75. Day.
The annual working day for 1997 will be one thousand eight hundred and eight hours of work for 1998, of a thousand eight hundred and three hours, and for the year 1999; of a thousand.
seven hundred and ninety-eight, safeguarding the lower days that could exist in companies.
Still considering as work on Saturday, it is agreed that the usual day set out in this Convention will be held from Monday to Friday.
In those sections in which the correct operation of production permits, it is recommended that companies and workers of mutual agreement negotiate the possibility of a flexible or sliding day, with a margin a half-hour daily.
Article 76. Day of free disposition.
During the term of the Convention, the companies will authorize and, consequently, the workers will enjoy, without the need for justification and in the form and conditions that will be said, of a day of unpaid and non-recoverable. This day shall be paid in accordance with the salary tables of this Convention.
This absence will be granted upon request of the worker 15 days in advance, safeguarding in all cases the interests of the organization of the work and the production needs of each section or department and without the number of simultaneous absences exceeding a number of workers, such as to disturb the normality of the production process.
The said day of leave will be granted in proportion to the days in which the worker remains high in the company template within the calendar year, so that to enjoy all the hours of the day will be precise be high in the company throughout the calendar year. In those cases of workers whose employment contract establishes an annual shorter working day than that laid down in the Convention, the day of free provision shall be paid in proportion to the working day.
In any case the day of leave will be enjoyed within the calendar year.
Article 77. Annual planning of the day.
Companies for a period of up to 13 weeks, with a notice of one week and respecting the number of hours agreed, may, for a maximum period of 13 weeks, modify the working calendar, For more or less hours with a maximum of nine hours per day, this limit of nine hours per day may be exceeded, up to a maximum of 10 hours, if agreed with the workers ' representatives. When the day is extended, in application of this Article, it shall be carried out, with the surcharge provided for in Annex 2, for each of the hours exceeding eight per day.
The flexible working day may not be applicable to staff who are limited in their presence in the company, for reasons of safety in the workplace, health, child care, pregnancy or nursing periods.
The recovery of the hours not worked shall be effected within the maximum period of one year from the beginning of each period.
The contract staff who, when they cease to provide their services, have accumulated hours in their favour over and above those agreed upon in the Convention, will be paid as overtime.
In the case of low temporary incapacity for work occurring during the periods of change of day, the compensation will be made for days effectively worked and in the company's presence.
The work schedule must be agreed before 31 January of each year.
This flexibility can be applied to the company as a whole or by sections, in any case guaranteed that for no worker the flexibility limits indicated above can be exceeded.
Article 78.
Are excluded from the working day of this Convention, the work of goalkeeping and surveillance with house in the company, provided that they are not required a constant vigilance, in which case their journey may be extended to twelve daily hours, entitled to a four-hour rest, including the one corresponding to the meal, which will enjoy each working day and within the hours of its service, determining the form of enjoyment of the same according to the company. They will also enjoy a minimum rest between days of twelve hours.
Article 79.
As for persons carrying out the task of goalkeeping, guard and guard not included in the previous article, who are assigned only functions of their professional category, they shall be in accordance with the provisions of the the general provisions.
Article 80.
In the cases of technical personnel, managers, intermediate and workers whose action is putting in place or closing the work of others, the time strictly specified in this Convention may be extended without delay. prejudice to the payment of such time on an extraordinary basis.
Article 81.
Work schedules: The determination of the working hours corresponds to the company's management, which will have to establish them coordinating those of the respective services for the most efficient performance; being faculty The company will organize shifts and relays and change those when it is necessary and convenient. However, where the introduction of new timetables, or the modification of the previous timetables, would entail a substantial change in the working conditions, Article 41 of the Staff Regulations will be in line with the provisions of Article 41 of the Staff Regulations.
Article 82.
Workers may apply to the company for the implementation of the continuous day when they express it by vote, at least 60 per 100 of the staff. The company may or may not have access to this request from the workers by reasoned report.
Article 83. Permissions.
Workers may miss work with the right to receive the remuneration established for normal business, solely for any of the reasons and during the following periods of time:
1.o For two days, which may be extended up to three more when the worker needs to move to the effect, in cases of wife birth, serious illness or death of relatives up to a second degree of consanguinity or affinity.
2.o For one day per transfer from your usual address.
3.o For the wedding of a son, one day; in the case of the wedding of a brother, he will be entitled to one day of absence, but without payment.
4.For the time indispensable for the fulfilment of an inexcusable duty of a public nature, duly justified, in accordance with the provisions in force.
5 Workers, who are breastfeeding for a child under nine months of age, will be entitled to one hour of absence from work, which may be divided into two fractions. The woman will be able to substitute this right for a reduction of the normal working day in half an hour for the same purpose. This permit may be enjoyed by either the mother or the father in case both work.
6.o Fifteen calendar days in case of marriage, with the worker being able to opt for an extension of up to five days of this licence without pay.
Article 84. License for studies.
(a) Companies which have at their service workers who carry out studies shall be required to grant the same the licences necessary for them to be eligible for examinations in the calls for the relevant centre, but prior to the justification of the persons concerned to have the registration formalised. This is applicable for obtaining the driving licence.
b) Where the relevant call for examination relates to the pursuit of the professional title of the business carried out in the undertaking, such workers shall be entitled to the corresponding remuneration of the the basic salary and seniority, where applicable, during the period of the duration of the licence.
c) The permits obtained by the workers for these concepts may not be discounted from the annual leave corresponding to them.
Article 85. Military service.
During the period of provision of military, compulsory or voluntary service, or replacement social service, workers will have their job booked, and the company must be rejoined within two months. from the date of its licensing, not being able during this period to provide services in companies of the same activity. On temporary leave they will have the right to provide service in the company.
Article 86.
Staff who are vacant for the reason of the military service shall pass, upon rejoining the holder, to their former job if they belong to the firm on a fixed basis, or shall cause a discharge if they have entered to cover that undertaking. If, during the first six months of the following months, all acquired rights are retained, it is in case of vacancies that they will be vacant, to which they will be entitled to any other applicant.
Article 87. Voluntary leave.
1. The worker with at least one year's seniority in the one-year-old company has the right to be granted the possibility of being on a voluntary basis for a period of not less than two years and no longer than five years. This right may only be exercised by the same worker again if four years have elapsed since the end of the previous leave.
2. The surplus worker retains only a preferential right to the reentry into the vacancies of equal or similar category to his or her which would have been or were produced in the company.
3. Child and child care leave: Workers shall be entitled to a period of not more than three years in order to take care of the care of each child, whether by nature or by adoption, from the date of birth of this. Successive children shall be entitled to a new period of leave of absence, which shall, where appropriate, end the period for which they are enjoying themselves. When the father and the mother work, only one of them will be able to exercise this right.
For the entire period of leave, as regulated in this paragraph, the worker shall be entitled to the reservation of his job and to the time of his enjoyment being computed for the purposes of seniority.
CHAPTER VII
Social Conditions
Article 88. Replacement military or social service.
Workers who provide the replacement military or social service will be entitled to the collection of the extraordinary Christmas pay.
Article 89. Retirement.
With effect from 1 January 1998, compulsory retirement is established from the age of 60 and five years, provided that they have a sufficient period of absence to cause entitlement to 100 per 100 of the pension retirement.
The workers who, with a minimum of ten years ' service in the company, opt for retirement at the age of sixty-five, will receive a retirement award at the end of the company for such a cause, agreement with the following scale:
Pesetas
At sixty years/217,510
At sixty-one years/172.220
At sixty-two years/83,210
At sixty-three years/73.350
At sixty-four years/62.120
At sixty-five years/52.260
c) Grants or trips for improvement or study.
d) Honorific diplomacy.
e) Cancellation of unfavorable notes in the personal file.
Fouls and Sanctions
Article 95. Mild.
They are minor faults:
1. Missing a day to work without justified cause.
2. Up to three punctuality fouls in a month.
3. Leave the job or service for a short time within the working day, without permission.
4. The little ones neglected in the realization of the work and in the preservation of the machines, tools and materials.
5. The non-observance of the Regulations and orders of service, as well as the disobedience to the controls; all in light matter.
6. The lack of respect in the light of the subordinates, colleagues, controls and the public, as well as the discussion with them.
7. The lack of personal cleanliness, as well as in the premises, services and useful of the company.
8. Do not communicate to the company the changes of domicile or the data necessary for the Social Security and the company medicine.
Article 96. Serious.
Serious faults:
1. The double commission of slight lack within the period of one month.
2. The lack of two days to work during the period of one month, without justified cause.
3. The hindering, malicious omission and distortion of data, issues and facts that can affect Social Security and company medicine.
4. Failure to comply with the general rules, those of this Convention or those of the company in matters of safety and hygiene at work. It will be very serious when it has consequences for people, machines, materials, installations or buildings.
5. Disobedience to the controls on labour issues.
6. The voluntary decrease and low quality at work.
7. The use of time, materials, machines and useful work in matters other than the same.
8. The insults offered against persons or institutions of all kinds.
9. The active or passive impersonation of the personality.
10. The inebriation not usual during work.
Article 97. Very serious.
Very serious faults:
1. Repeated failure within the period of one month, provided that they have been sanctioned.
2. The lack of six-day work during the four-month period, without justified cause.
3. More than 12 punctuality fouls over a period of six months or 25 in a one-year period.
4. Falsehood, disloyalty, fraud, breach of trust, illicit competition with the company and theft or theft, both co-workers and the company or third parties, within the premises of the same, or during the job performance or services on behalf of the company.
5. The removal, inuse, damage or malicious modification in the first materials, products, tools, tools, machines, appliances, installations, buildings, articles and documents of the company.
6. The indiscipline or disobedience to the orders of the controls, as well as the induction to it, when magazine a special gravity.
7. Direct or indirect participation in the commission of a criminal offence as such in the Penal Code.
8. The falsehood in the circumstances of accidents at work, the simulation of diseases and the malicious prolongation, feigned, in its healing.
9. Habitual drunkenness or drug addiction if they have a negative impact on work.
10. The abandonment of work involving serious economic injury to the company.
11. The voluntary and continuous decrease in performance.
12. The commission of immoral acts in the premises and premises of the company, inside or outside the working day.
13. All those entered as such in Article 54 of Law 8/1980 of 10 March of the Staff Regulations, which are considered to be fair grounds for dismissal.
14. To transfer services to another competitor, not being authorized, to disclose secrets or data of required reservation, falsify or misrepresent data or documents, to seriously and publicly offend the company or its directors or to his or her work.
15. The abuse of authority by the head of the company, or sexual harassment, whoever practices it, will be considered to be very serious. He who will suffer it will put him in the knowledge of the management of the company and the representatives of the workers, within a period not exceeding fifteen calendar days, so that by the Directorate the appropriate contradictory file is instructed.
The file must be completed within one month from the date of notification to the interested party.
16. Infringements of this Convention by undertakings shall be sanctioned by the competent labour authority.
Article 98. Sanctions.
The maximum penalties that can be imposed are as follows:
For minor lack:
Verbal admonition. Admonition in writing.
Suspension of employment and salary for one day.
For severe missing:
Suspension of employment and salary of two to 15 days.
Disable for promotion for a period of up to one year.
For very bad:
Suspension of employment and salary from fifteen to sixty days.
Disabling for a period up to five years.
Dismissal.
Article 99.
The assessment of the faults and the corresponding penalties imposed by the company's management will always be reviewed in the competent jurisdiction. The penalty of serious and very serious misconduct will always require written communication to the worker, stating the date and the facts that motivate it.
It will not be possible to impose sanctions that consist of the reduction of the duration of the holiday or another minoration of the rights to rest of the worker or fine to have.
In the event that the sanction is imposed on any member of the Staff Committee, the opening of a contradictory file will be mandatory in the case of serious or very serious misconduct, in which the The person concerned shall be heard by the Committee of Enterprise or other Staff Delegates.
Article 100. Prescription.
Minor faults will be prescribed at 10 days, the serious ones at twenty days and the very serious ones at 60 days from the date on which the company became aware of its commission and, in any case, six months after the task.
CHAPTER IX
Safety and health care
Article 101.
The industries affected by this Convention will comply with the general provisions on the prevention of accidents at work and hygiene and safety, and in particular the legal provisions in force on the material.
Parties to this Convention shall ensure compliance with the rules on the environment and occupational health.
Article 102.
1. The working premises, dryers, warehouses, shall have good natural ventilation and adequate artificial ventilation when necessary to achieve the elimination of odours, dusts or other harmful or unpleasant emanations, which must be Avoid any possible use of machines or devices closed or under vacuum-cleaner campaigns.
2. The pavement of the work premises must form a continuous whole, it will be smooth and impermeable, counting with evacuation channels, which collect and give out to the waters or liquid discharges in the various operations of the industry. The walls will be smooth and easily washable.
3. Daily cleaning will be carried out at the bottom of the premises collecting and evacuating, in due form, the waste and waste accumulated during the day and carrying out a final washing of the same with abundant water, added of disinfectants and deodorants. The cleaning of premises by dry sweep is strictly prohibited in order to avoid dust mobilization that could contain pathogenic germs.
Article 103.
1. The storage of fur, waste or waste susceptible to rot or contamination shall be made in suitable premises and with the maximum guarantees of isolation in respect of the other working premises. The same rules shall be applied in respect of the storage of chemical materials and products used in the various operations of the industry which are in danger of fire or are of a toxic nature.
Of all these materials and products will only be available in the working premises of the precise quantities in order not to interrupt the course of this one.
2. The waste water must be treated in accordance with the provisions of the health care provisions.
3. In the transport, handling and use of acids, caustic substances and, in general, dangerous or toxic products, used in industry, appropriate measures must be taken into account for the harmful or dangerous nature and action of those, compliance with the specific provisions of existing legislation on the subject.
4. In particular in the handling and transport of hides and skins and their waste and waste, protective measures shall be carried out, where possible, where possible, to remove their direct contact with the worker's own skin.
Article 104.
1. In all matters relating to engines, transmissions, machines and gears, it will be present for its strict compliance as much as the legal provisions in force.
2. The different machines in the industry shall be adequately protected in order to prevent the workers ' hands from being reached or dragged by cylinders or rollers, by the blades or by gears or organs. motion. All machines which offer the maximum degree of risk shall be provided with instant-stop devices within the scope of the worker himself.
Article 105.
1. The infected skins of anthrax must be destroyed and the suspects subjected to careful disinfection to ensure their safety.
2. The workers, once they have denounced the fact, and until so much is resolved on the particular case, if there is doubt, are relieved to manipulate the skins.
3. Any case of anthrax shall be communicated to the Labour Inspectorate and the corresponding Provincial Head of Health.
Article 106.
1. Undertakings, depending on the nature of the work, shall provide their workers with the appropriate personal protective equipment, such as cubks, gloves, polains and mandials of rubber or hard leather, rubber boots or wooden clogs, goggles and respiratory masks, and work suits, also running the renovation, cleaning of sinks and timely disinfections.
2. As for the time fixed for successive renewals, the idea will be that, except bad faith, these must be carried out in any case whenever they are ineffective for the purpose pursued.
Article 107.
1. Staff who have contact with fur, waste or waste from the industry shall, at the end of the work, carefully wash their face, neck and hands or limbs discovered, with disinfectant soap and water, using a nail brush. The complete grooming team, which will facilitate and renew the company, will be for the exclusive use of each worker. In certain works, which are markedly dirty or dangerous, the shower may be made compulsory.
2. The practice of the prescribed toilet will be strictly required before the meals, which are forbidden to be carried out within the premises of work.
3. The premises and facilities of washbasins, showers, toilets and changing rooms shall comply with the conditions laid down in the relevant provisions.
Article 108.
1. It is the duty of companies to take care of the possible conditions that workers may present as a result of the industry, by the handling of fur, waste, waste, chemicals, etc., in it employees, especially of those of a skin character. This obligation shall be fulfilled by appropriate surveillance and recognition by the competent medical staff. On the other hand, workers are forced to report the appearance or production on their own skin of any scratch, scuration, injury or pustula, singularly in the neck, hands and arms.
2. Each of the companies will have, in each of their workplaces of 100 or more workers, a kit with adequate endowment to carry out the emergency cures, and a Technical Health Assistant must appear at the front.
3. The companies will have anti-drug whey or, failing that, they will ensure the rapid application of the same to the workers who need it. They shall also provide their workers with specific vaccination, in accordance with the guidelines laid down for this purpose by the health authorities.
Article 109.
In companies in the sector that use solvents or other products containing benzene, it will be in accordance with the existing legislation on this matter.
Article 110. Prevention delegates and Committee on Safety and Health.
In the companies of the sector will be constituted Committees of Safety and Health Work and will be appointed Delegates of prevention, with the composition and functions established in the articles 35, 36, 37, 38 and 39 of the Law 31/1995, of Prevention Labour risks.
Article 111. Medical review.
The companies affected by this Convention undertake to make appropriate medical checks on the workers to the specific risks of the sections in which they work, through the mutual employers.
Article 112. Chemical products.
Companies will have to have the chemical products on their own, for the purposes of the workers who manipulate them, according to the provisions of Royal Decree 2216/1985 of 28 October ("Official Journal of the European Union"). State of 27 November).
The companies will also hand over to the representatives of the workers or delegates of prevention, where appropriate, the relationship of the chemicals used in the company, upon request of the representatives of the workers or of the Prevention Delegates.
Article 113. Maternity.
Companies shall provide pregnant workers who so request, and upon request by the interested party and with the optional reports, a job compatible with their state, without prejudice to the provisions of Article 26 of the Law 31/1995 on the Prevention of Occupational Risks.
Article 114. Environment.
The parties to this Convention consider it necessary for companies and workers to act responsibly and in a manner which respects the environment, paying great attention to their defence and protection in accordance with the interests and Society's concern.
To these effects, the whole of the tanning sector must adopt a permanent, responsible and visible attitude in the field of the environment and, at the same time, make the effort that the industry is developing in this area. In the future, as well as their results, they will be well known and properly valued by the relevant society and administrations.
CHAPTER X
Trade union rights
Article 115.
The workers shall exercise the basic right of participation in the undertaking, in the cases and in the manner established, through its representative bodies regulated in this chapter.
It will be organs of representation of workers in the company or workplace, the Personnel Delegates of those who have a staff of less than 50 producers and more than 10 workers in their workforce. In the case of companies or workplaces which have six to 10 employees, there will be a staff delegate.
Workers ' representatives (Staff Delegates and members of the Business Committee) will have the functions, duties, powers and guarantees that will be recognized by the legislation in force at any time.
These representatives will be informed by the company of the penalties imposed for serious and very serious misconduct, as well as those that constitute suspensions of employment and salary.
Article 116. Accumulation of hours.
In the matter of the accumulation of hours of the members of the Business Committee and Personnel Delegates in one or more of its components, the following rules shall be taken into account:
The accumulation of hours will take place among the representatives of the workers belonging to the same union center.
This accumulation of hours will be carried out with the available hours each month and, within the same, prior communication to the entrepreneur with fifteen calendar days in advance.
In cases where the accumulation is attributed to workers or workers whose substitution in the absence of work offers difficulties or is not possible, a prior agreement with the employer must be established.
Only up to 75 per 100 of the total number of hours available for representatives belonging to a single trade union centre can be accumulated, adding the resulting hours to which the worker is recognised. to whom the accumulation is attributed.
The worker or workers in whom hours are accumulated are not excused from justifying the use of the same.
Staff Delegates or members of the Business Committee up to 100 employees shall have a credit of sixteen monthly paid hours for the exercise of their representation functions, in accordance with the provisions of the Article 68 of the Staff Regulations.
Article 117. Trade union sections.
Workers affiliated to a trade union may constitute trade union or labour centre sections, in accordance with the statutes of their trade union, which shall serve as channels of communication, dialogue and, where appropriate, negotiation, in accordance with the content of Title IV of the Organic Law on Freedom of Association.
Companies will provide a bulletin board so that the union sections can disseminate those notices that are of interest to their affiliates and workers in general.
The trade union sections of the most representative trade unions and those with representation in the Enterprise Committee or with the Staff Delegates will have the right to collective bargaining, in terms of established in their specific legislation, and the use of an appropriate premises in which they can carry out their activities. The right to local enjoyment will be granted in companies or workplaces with more than 250 employees.
In companies or, where appropriate, in workplaces that occupy more than 250 workers that can be constituted by workers affiliated to the trade unions with presence in the Committees of Enterprise, they will be represented all the effects by trade union delegates chosen by and among their affiliates in the company or in the workplace.
In the absence of specific agreements, the number of trade union delegates for each trade union section of the trade unions that have obtained 10 per 100 of the votes in the election to the Enterprise Committee will be determined according to the next scale:
From 250 to 750 workers, one.
From 751 to 2,000 workers, two.
From 2,001 to 5,000 workers, three.
From 5,001 onwards, four.
The trade union sections of those unions that have not obtained 10 percent of the votes will be represented by a single union delegate.
Either by agreement, or by collective bargaining, the number of delegates established in the previous scale and which refer to the company's workforce or the workplace may be expanded.
The trade union delegates, in the event that they are not part of the Enterprise Committee, will have the same guarantees as those legally established for the members of the Company's Committees, as well as the following rights to the of what could be established by Collective Agreement:
(a) Access to the same information and documentation as the company makes available to the Business Committee, with the obligation to keep professional secrecy for the matters that are legally applicable.
b) Assistance with a voice and without a vote to the meetings of the Committees of Enterprise and the internal organs of the company in matters of safety and hygiene and occupational health.
c) Be heard by the company prior to the adoption of measures of a collective nature that affect the workers in general and the affiliates of their trade union in particular, and especially in the dismissals and sanctions of these last.
In addition to the right of union members to the formation of trade union sections, they may in any case hold meetings, after notifying the employer, collecting quotas and distributing union information outside the union. the working hours and without disturbing the normal activity of the company, as well as receiving the information sent to them by the union.
Article 118. Surplus and licences.
The worker on leave from a union office of provincial, regional, national or state relevance, when he ceases the performance of the charge that the motive, will have the right to join his post, after a maximum of one month (c)
Workers with union charges will have the right to enjoy permits and licenses in accordance with current legislation.
Article 119. Convention negotiation hours.
The hours spent in the negotiation of the Convention by the members of the Negotiating Commission of the Workers of the Convention shall not be computed for the purposes of the maximum limit of hours laid down in Article 116 of the Convention, Article 68 of the Workers ' Statute, if such workers hold the position of members of the Committees of Enterprise or Personnel Delegates; if they do not meet this quality, the hours of negotiation will be considered as absences. justified for the fulfilment of a public duty. In one case or another, those hours shall be paid as actually worked.
Article 120. Trading fee.
In order to cover the costs incurred in the negotiation and monitoring of the Convention, undertakings shall be deducted from the remuneration of workers falling within their scope, the amount equivalent to 1 per 100 of the contribution salary corresponding to a monthly payment for each worker, whatever the nature of his contract, which must be entered in the name of the trade union organizations of the present Convention and in the account which they indicate.
The said amount will be deducted only to those workers who communicate to the company their express written agreement.
The resulting amount will be distributed among the trade union organizations that have participated in the negotiation of the Convention in proportion to the number of representatives at the negotiating table.
The trading fee may be uncounted from the date of application of the Convention in companies and up to sixty days after the date of publication of the Convention in the "Official State Gazette".
Article 121. Continuing training.
The parties to this Convention adhere to the National Agreement on Continuing Vocational Training signed by the employers ' and trade union confederations.
To this end it constitutes the Joint Sectoral Commission of Continuing Training, which will be composed of four representatives of the business organizations, two of the Spanish Council of Curtidores (CEC) and two of the Association Spanish of the Ccurtid Entrepreneurs (FECUR) signatories, and four representatives signed by the union side, two of the General Union of Workers (UGT) and two of the Comisiones Obreras (CC). OO.).
Article 122.
A Special Committee on the following issues is constituted:
a) Nomenclator of professional categories. During the term of the present agreement the parties undertake to introduce the new nomenclator that is being studied, repealing the previous one, which, however, will remain valid until the new one is finalized and agreed upon.
(b) adapting the text of the Convention to the provisions of the Agreement for Stability in Employment and Collective Bargaining.
This Commission will be set up from 1 September 1997 and will be integrated in a joint manner by the parties to this Convention, with a total of eight members.
First transient disposition. Correction of errata.
The Joint Commission in its first meeting will proceed to the text of the Convention published in the "Official State Gazette" for the eventual correction of errata.
Second transient disposition.
During the duration of this Convention, and understanding that it is a short-term clause limited to 31 December 1999 and in view of the serious situation of existing unemployment and with the aim of promoting a social solidarity policy to promote job creation, it is agreed that the usual overtime will be abolished in keeping with the criteria laid down in previous agreements.
In addition, in order to maintain the above mentioned employment objective and international experience in this field, the parties to this agreement consider it positive to point out to companies and workers the possibility of compensate for the structural overtime for an equivalent period of rest, instead of being paid monetarily.
For the purposes of Article 7 of Royal Decree 92/1983 on social security contributions, it will be understood by extraordinary hours derived from force majeure: Those who are required for the need to repair claims or other extraordinary and urgent damages, as well as in the event of a risk of loss of raw materials; and of structural overtime: Those required by unforeseen orders or peak periods of production, unforeseen absences, changes in turn or other circumstances of a structural nature arising from the nature of the The activities concerned shall be maintained provided that they cannot be replaced by the use of the various types of procurement provided for in law.
Also in relation to the objective of stimulating job creation through the reduction of overtime, the parties have agreed on the importance of strict compliance with Article 35 of the Staff Regulations. Workers, failure to comply with this Article shall be deemed to be serious misconduct within the meaning of Article 57 of the Staff Regulations.
Transitional provision third. Pluriemployment.
The parties to this agreement consider it appropriate to eradicate pluriemployment as a general rule.
For these purposes, it is necessary to apply the penalties provided for in the legislation in force in the cases of non-discharged workers in Social Security, due to the fact that they are discharged from another company.
As a result of the objective of controlling pluriemployment, the exact fulfilment of the requirement to inform the legal representatives of workers of the social security contributions is considered essential. as the models of written work contracts used in the company, as well as the documents relating to the termination of the employment relationship, as provided for in Article 64.1.5 of the Workers ' Statute. Failure to comply with this obligation shall be deemed to be serious for the purposes of its sanction by the labour authority.
Transitional disposition fourth. Early retirement.
Prior individual agreement between the worker and the company will be retired at the age of sixty-four years, all in accordance with the legal provisions in force.
Transient disposition fifth. Discount of union dues.
The collection of union fees by direct discount to the union affiliate's payroll will be made at the request of the union or its trade union; in this case, the union must provide the prior agreement of its affiliate.
To perform the discount operation you must provide the employer with the information about the amount of the fee and the bank account or savings book to which the corresponding amount will have to be transferred.
The employer will send a copy of the transfer to the corresponding trade union address, which will be communicated to you when the request is made.
Transitional disposition sixth. Plus of equal to the Pact of Catalonia.
In order to equate the salaries of the State Convention with those of the Pact of Catalonia, the so-called "Plus of equalization" is established. Such a plus will not have an impact on the seniority prize, or the incentives or premiums, but you will have it on the two extra pages, the benefits and the holidays.
In order to achieve the lowest possible cost in the companies affected by the wage equalization process of the State Convention to the 1992 Catalonia Pact, they will be absorbable and compensable with the the amounts paid by those undertakings which are not directly related to the productivity up to the remuneration for the optimum activity, or which do not have a specific consideration by the employees, whatever their denomination.
The criteria to follow, as an example of removals and compensation, will be as follows:
1. Base salaries in excess of that set for each professional category in the State Convention.
2. Personal supplements, such as percentage of antiques; voluntary rewards or remuneration; plusses or allowances; permanent or research premiums; petrol or distance; and any other than that which does not respond exactly to their name and exceed those laid down in the State Convention.
3. Job supplements, such as the number of employees, plus or valuation of the job, plus extranalarial and guarantee plus, even if they have been considered as non-compensable or absorbable and in excess of those established in the the State Convention.
4. Insurance policies and premiums in favour of workers, as well as retirement awards established by companies, higher than the State Convention.
5. Quantities or incentives for production or activity where there are any written or agreements which indicate their compensable and absorbable character.
6. Add-ons for quality and/or quantity of work, such as premiums or incentives, as well as any amount linked to productivity, may be absorbable and compensable in that they exceed the optimal activity.
7. The aforementioned plus of equalization will be compensable and absorbable in annual global computation.
8. After the completion of the equalisation process, the said plus will disappear on 1 January 1998, and will be integrated into the salary tables of the Convention.
9. The following categories of the State Convention, which have no correlation with the Catalonia Pact of 1992, such as:
Workers ' staff: 3rd and fourth year Apprentice.
Subalternate and miscellaneous personnel: Ordinance and Nurse.
Buttons and Receries: From sixteen to eighteen and from eighteen to twenty years.
Auxiliary: From sixteen to eighteen and from eighteen to twenty years.
10. The differences to be equated for each of the categories are those set out in Annex 3.
11. These differences shall be applied in the following percentages over the years indicated:
1993: 5 per 100.
1994: 10 per 100.
1995: 15 per 100.
1996: 20 per 100.
1997: 50 per 100.
Treatment similar to that indicated above should be given to the quantities of Table number 2 of the Catalonia Pact of 1992. 12. This agreement refers to the differences existing as a result of the text of the Catalonia Pact of 1992, without the parties being forced at all by future pacts that could be signed by the sector in Catalonia.
13. The possible discrepancies with regard to the criteria for the absorption and compensation of the equivalent plus will necessarily have to be dealt with before making any complaint to another body within the Joint Committee of the Commission. Convention.
Transitional disposition seventh.
Being the will of the parties to arrive at a full equalization to the mobile plus of the Pact of Catalonia within the period indicated in paragraph 11 of the previous transitional arrangement, both representations clarify and concretize that to the 1 In January 1998, the total equalization will have occurred, so from that date, a single wage table will be governed for all companies and their workers affected by this Convention.
Transient disposition octave.
The criteria of absorption and compensation established in the so-called Lorca Pact will be maintained in the terms agreed upon in it, as well as its articles.
ANNEX 1
Salary 1996
-
Pesetas/Salary 1997
-
Pesetas/Categories
Salary day
Workers ' personnel:
First Officer/3,456/3,558
Second Officer/3.317/3,415
Specialist Pawn/3.249/3.345
Pawn/3.192/3.286
Apprentice sixteen years/2.163/2.227
Apprentice seventeen years/2.216/2.284
Apprentice eighteen or more years/2,714/2,794
Personal Cleaning/3.178/3.272
Salary month
Subalternate and miscellaneous personnel:
Store/111.098/114.375
Vigilant/98.071/100.964
Ordinance/95,716/98.540
Goalkeeper/98.071/100.964
Nurse/95,716/98.540
Buttons and Recons:
From sixteen to eighteen years/67,809/69,809
From eighteen to twenty years/93,308/96,061
Administrative staff:
Section Chief/171.556/176.617 Head of Purchasing, Sales and Negotiated/161,100/165,852
Travelling/133,899/137,849
First Officer/129.720/133,547
Second Officer/125.533/129.236
Auxiliary over twenty years/99.589/102,527
Auxiliary:
From eighteen to twenty years/92,057/94,773
From sixteen to eighteen years/83,687/86,156
Phone/96.240/99.079
Technical staff:
A) Titled:
Chemicals, Engineers and Licensors/211.314/217,548
Technical Engineers, ATS and Social Undergraduates/173,648/178,771
B) Untitled:
General Manager for Manufacturing/211.314/217,548
Manager or Section Chief/125.533/129.236
Loaded helper/117.163/120.619
Technical Auxiliary/99.589/102,527
The extraordinary July and Christmas pages for the daily wage staff will consist of a monthly allowance equivalent to 30.417 days.
ANNEX 2
1997 Time Price
-
Pesetas/Categories
Workers ' personnel:
First Officer/125
Second Officer/119
Specialist Pawn/118
Pawn/115
Apprentice from sixteen to seventeen years/78
18-year-old apprentice/80
Cleaning staff/63
Subalternate and miscellaneous personnel:
Store/132
Vigilant/117
Ordinance/113
Goalkeeper/117
Nurse/114
Buttons and Recons:
From sixteen to eighteen years/80
From eighteen to twenty years/110
Administrative staff:
Section Chief/203
Head of Purchasing, Sales and Negotiated/191
Traveller/158
First Officer/153
Second Officer/149
Auxiliary over twenty years/118
Auxiliary:
From eighteen to twenty years/109
From sixteen to eighteen years/98
Phone/115
Technical staff:
A) Titled:
Chemicals, Engineers, and Licens/260
Technical Engineers, ATS and Social Graduates/205
B) Untitled:
General Manager for Manufacturing/260
Manager or Section Manager/149
Loaded/138 Helper
Technical Auxiliary/118