Having regard to the text of the National Collective Agreement for Financing, Leasing and Factoring Entities (Convention Code number 9901945), which was signed on 25 June 1997, on the one hand, by the National Association of Financing Entities (ASNEF), the Spanish Leasing Association (AEL) and the Spanish Factoring Association (AEF), representing companies in the sector, and another, by the State Banking and Savings Federation Workers ' Commissions (FEBA-CC. In the light of the above, it is clear that the Commission is not in a position to adopt a proposal for a directive on the application of Article 90 (2) and (3) of Regulation (EEC) No 2052/88 of the European Parliament and of the Council of 24 March 1995 on the recast of the Law of the Workers ' Statute, and in Royal Decree 1040/1981 of 22 May on the registration and deposit of Collective Labour Conventions,

This Work General Address agrees:

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

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

Madrid, 11 August 1997. -Director General, Soledad Cordova Garrido.

FRAMEWORK COLLECTIVE AGREEMENT FOR FINANCING, LEASING, AND FACTORING ENTITIES

CHAPTER I

General provisions

Article 1. Functional, personal and territorial scope.

1. This Framework Convention covers all financial, leasing and leasing entities and financial institutions, without prejudice to the application of the provisions of Articles 84 and 86 (3) of the Staff Regulations. of the Workers for the entities that have own collective agreement in force to the signature of this convention.

It will also affect the entities or companies that, being members of ASNEF (National Association of Financing Entities), of AEL (Spanish Leasing Association) or of EAF (Spanish Association of Factoring), its activity (a) it is essential that they are their own entities referred to in the preceding paragraph, distinguishing themselves from banking activity as to the fact that they do not engage in the acquisition of liabilities by means of current accounts or savings books in the view; Although the application of the current rules could take the form of a bank. Without prejudice to the foregoing, private banks, public banks, savings banks and credit unions that do not meet the above conditions are excluded from the scope of this agreement.

2. It also concerns all persons who provide their services to the above mentioned undertakings. The persons referred to in Article 2 (1) (a) of the Staff Regulations or provisions of the Staff Regulations shall be exempt.

3. This Convention shall apply throughout the territory of the Spanish State.

Article 2. Temporary scope.

This Convention shall enter into force on 1 January 1997 and shall end on 31 December 1998.

Article 3. Substitution and remission.

1. The present Collective Agreement replaces, in full, in the matters regulated by it, all regulated in previous collective agreements and the Work Ordinance of Offices and Dispatches.

2. In all matters not covered by this Collective Agreement, the provisions of the Staff Regulations and, in general, the legislation of higher rank in force at any time, the foregoing shall be expressly repealed. collective agreements and replaced the said work ordinance.

Article 4. Binding of the Convention and binding to the whole.

1. The conditions agreed in this Convention form an organic, unitary and indivisible whole, and will be considered globally and in annual computation.

2. Pursuant to Article 83.2 of the Staff Regulations, the signatory parties agree that the matters referred to below may not be the subject of negotiation in the lower areas, except for agreements concluded with prior to signing this Collective Agreement:

(a) Professional classification, except as provided for in the last paragraph of Article 7.

b) Promotion and promotions.

c) Disciplinary regime.

(d) Wage tables and salary amounts, insofar as the structure and amounts provided for in this Collective Agreement shall be minimal and shall be respected in any event, except as provided for in the clause Second.

Article 5. More beneficial conditions. Compensation and absorption.

1. The conditions agreed in the present Collective Agreement, estimated as a whole and on an annual and global basis, are compensable or absorbable with those that will be used in the company.

Wage perceptions, actually, accrued or perceived by each worker will be able to compensate and absorb any other that could correspond to them by application of the legal, regulatory or conventional regulations. in force at any time.

2. The conditions laid down in this Convention, which are estimated as a whole, are laid down as a minimum, and therefore the agreements, clauses and situations currently in place in undertakings which involve more beneficial conditions remain subsist.

3. In the economic order, and for the application of the agreement to each specific case, it will be agreed upon in the same one with abstraction of the previous concepts, amount and regulation.

Article 6. Denunciation.

This Collective Agreement shall be deemed to have been automatically denounced for review on 30 September 1998, unless otherwise agreed by the signatory parties, which explicitly states that the Convention is to be continued or resolution.

CHAPTER II

From Staff

Article 7. Classification of staff.

The personnel affected by this Collective Agreement will be integrated, according to the professional administrative, commercial or technical groups and specialists, at the following levels:

Group: A.

Group: B. Levels: B, B, and B.

Group: C.

Group: D. Levels: D, D and D.

The classification of professional groups or levels referred to in this article is merely enunciative, if there is an obligation to have all the stops provided, and if necessary, to create new ones with assignment (a) certain functions, provided that they do not identify with the posts and definitions provided for in this Convention.

Article 8. Definitions.

The definitions, depending on the functions or activities of the staff within the company, will be as follows:

Group A: Leads the direct responsibility of two or more departments, or of a branch, delegation or agency, provided or not of powers, and under the direct dependence of the Directorate or Management.

This level will be assimilated to the Superior Chief and the professional with two or more Chiefs to their orders.

Group B: Act on the immediate orders of the Superior Chief of Group A, if any, and bear the direct responsibility of one or more services, with the corresponding training, whether or not provided with powers.

Three levels will exist with the following assimilations:

Level B: The Head of Computer Equipment.

Level B: System Analysts and First Heads, and

Level B: The Computer Programmers.

Group C: In charge, to the immediate orders of the Group B Head, to guide, direct and give unity to a section, distributing the works between Officers, Auxiliary and other persons who of the dependent, is provided or not powers.

The Heads of the Second and the Unsigned Cables will be assimilated to this level, which, with or without employees, will carry out the company's general payments and payments under their responsibility. They will be distinguished by those who have a recognized signature in banking or credit institutions with which the company operates and who do not have a recognized firm.

Group D: The staff assigned to this group D may be distributed at D, D and D levels, focusing on the principles of initiative, experience and hierarchical dependency according to the knowledge and general tasks actually carried out:

Level D: Act on the orders of a Group C Chief, if any, and who under his/her own responsibility carries out work requiring initiative.

They are assigned to this level, First Officers, Unsigned Cengers, Accounting Machines Operators, Taquimecanographs in national language-which take the dictation 130 words per minute translating them, correctly and directly, into the machine-, as well as Telefonist-Receptionists trained to express themselves in two or more foreign languages, the Computer Operators and the Drivers.

Also included in this level are the area inspectors whose mission is control, surveillance and inspection of collections and reports for the granting of credits.

Level D: Performs jobs of a secondary nature, which only require general knowledge of the administrative technique with initiative and restricted responsibility and to the orders of a Head of Group C or Level D Officer, if the has.

The officers of the Second, the Receptionists and the Heads of Visitors, whose mission is the distribution and control of the work of the Visitators and the Conserjes, are assigned to this level.

Level D: Greater than eighteen years, which is dedicated to administrative elementary operations and, in general, to the purely mechanical tasks inherent in the work of the office.

The Auxiliary, the Telefonistas and the Visitators, whose mission is the distribution of propaganda and the collection of clients, the Cobrador-Informators (over eighteen years old, who have the mission of recovery) are assigned to this level. of receipts, being able to practice liquidations to the client or to obtain information about the client), as well as the Ordinances, Buttons, Watchers, Cleaning Personnel, Peons and Mozos.

Article 9. Income and probationary period.

The admission of staff shall be subject to the legally arranged placement, being considered provisional during a trial period which may not exceed that indicated on the following scale:

a) Staff entitled: Six months.

b) Rest of staff: Two months.

During this period, both the company and the employee may, respectively, proceed to the termination of the contract or withdraw from the test, without prior notice and without any of the parties being entitled to compensation. In any event, the worker shall receive the remuneration for the work carried out during the probationary period. After the trial period, the admission will be formalized, with the employee, for the purpose of seniority and periodic increases, the time spent in the said period.

It is the power of companies to give up this period in admission and also reduce the maximum duration for which it is stated, if any.

Any income shall be deemed to be a probationary period, the computation of which shall be suspended in the event of the suspension of the contract for any of the reasons provided for in Article 45 of the Workers ' Statute or provision which replace.

Article 10. Promotion and promotions.

1. Level D staff, with six years of age at this level, will be able to move up to the professional economic level D; also, those in level D, six years old at this professional level, will be able to move up to the economic level In both cases, they are required to provide proof of the assistance and the improvement of the training course, which are inherent in the appropriate knowledge for access to the new professional level. It shall be counted as assistance and improvement of a course, in those cases where the company makes it impossible to attend the course or the course does not occur, in which case the ascent will occur in order to the seniority referred to above. It shall be the responsibility of the Joint Committee to determine the suitability of the courses, the results of the evaluations or the impossibility of attendance or lack of courses, as regards the requirements for the promotion covered by this Article.

2. Staff assigned to levels D and D, who have not been promoted by virtue of the application of the provisions of previous Collective Agreements, will, until 1995, account for half of their age in their current professional category, for the purposes of calculation of the six years of seniority provided for in the preceding paragraph, so that every two years of actual seniority in the category shall be counted as one for the purposes of crediting the above requirement.

The rest of the staff will start to compute the necessary six years of seniority in the corresponding professional level from the year 1995 or from their income in the company.

CHAPTER III

Pay Policy

Article 11. Salary tables.

The minimum guaranteed wages, payable on an annual gross basis per day of work, for each of the levels laid down in this Convention, are as follows:

Year 1997

Group A: 3.298,756 pesetas.

Group B:

Level B: 3.116.335 pesetas.

Level B: 2.955,655 pesetas.

Level B: 2.794,975 pesetas.

Group C: 2.597.514 pesetas.

Group D:

Level D: 2.193,490 pesetas.

Level D: 1.93124 pesetas.

Level D: 1,628,878 pesetas.

Year 1998

Group A: 3.389.472 pesetas.

Group B:

Level B: 3.202.034 pesetas.

Level B: 3.036,936 pesetas.

Level B: 2.871,837 pesetas.

Group C: 2.668,946 pesetas.

Group D:

Level D: 2.253,811 pesetas.

Level D: 1,985,258 pesetas.

Level D: 1.673,672 pesetas.

The individual conditions that could be enjoyed as a more beneficial condition in relation to the integration of the former professional categories into the new groups and levels set out in this Collective Agreement strictly respect "ad personam".

Article 12. Seniority.

The seniority supplement for all workers affected by this Collective Agreement shall consist of trienes.

Trienes will be computed on the basis of the time served in the company, starting to become an accrual from January 1 of the year in which the triennium is fulfilled.

The bonus for years of age is an integral part of the salary, being computed for the payment of overtime.

Each of the three-year periods to be collected on an annual basis, that is, distributed in the number of pages that the company makes effective over a year, will be paid according to the following tables:

Group A: 113,465 pesetas.

Group B:

Level B: 111,565 pesetas.

Level B: 105,682 pesetas.

Level B: 99,799 pesetas.

Group C: 92,881 pesetas.

Group D:

Level D: 81,482 pesetas.

Level D: 71,771 pesetas.

Level D: 61,797 pesetas.

Article 13. Extraordinary pagas.

The companies affected by this Collective Agreement shall distribute the annual gross salaries fixed in the number of annual pages to be agreed with the legal representation of the workers, if any, or with the interested.

By default, annual salaries will be distributed in 14 monthly payments, 12 of which coincide with the calendar months of the year and two extraordinary first and second half months, which will be paid in the months of June and In December, each of them will be established in their respective semester.

CHAPTER IV

Day

Article 14. Working time.

1. For any worker affected by this Collective Agreement, regardless of his or her professional level, the maximum total working hours for 1997 and 1998 shall be one thousand seven hundred and fifty hours as an annual working time.

2. The day will be distributed according to the working days available in the annual calendar, with, if necessary, working on a Sunday or a holiday and on a shift.

3. These days will be respected in companies that, by computing each year, will imply more beneficial conditions.

4. The working day shall be distributed by reference to the working hours currently in force agreed in each of the companies affected by this Collective Agreement. For the modification of the said timetable, the negotiation with the legal representation of the workers will be necessary or, in the absence of the latter, it will be submitted to the Joint Commission provided for in this Collective Agreement. In the event of a change in time, the basis for which 70 per 100 of the working day is to be carried out before 15 hours, except in the case of shifts or in contracts which are held in particular for the evening or evening work, shall be the distribution of the day is different, in which case it will depart from this different distribution. For the proper application of the provisions of this Article, employees shall enjoy one day a year of paid leave for private matters.

Article 15. Overtime.

1. Aware of the serious situation of existing unemployment, and in order to promote job creation, they agree to reduce the number of overtime hours to the minimum necessary according to the following criteria:

a) Regular overtime: Suppression.

b) Extraordinary hours that are required by the need to repair claims or other extraordinary and urgent damages: Realization.

(c) Extraordinary structural hours, i.e. those required for periods of non-foreseeable production, unforeseen absences, change of shift and other circumstances of an analogous nature arising from the nature of the The activity in question: Maintenance, provided that the use of the various forms of temporary or partial procurement provided for by the law does not exist.

2. The number of overtime hours per employee shall not exceed 80 per year, except those worked to prevent or repair claims or other extraordinary and urgent damages.

3. The provision of overtime shall be voluntary and without any personal discrimination, being carried out in a proportional manner by the personnel who request it.

4. The Company's Directorate shall report in writing and on a monthly basis to the Business Committee or to the Staff Delegates, on the number of overtime worked and, where applicable, the distribution by departments.

5. Overtime shall be quoted on the basis of their motivation and the usual ones of those derived from force majeure and the structural ones.

6. 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 Workers ' Statute. Failure to comply with this Article shall be regarded as serious misconduct within the meaning of Article 57 of the Staff Regulations.

7. For the determination of the value of the extraordinary hour, a value shall be set for the ordinary hour, obtained by calculating, as a dividend, the annual salary provided for each professional level in Article 11 of this Collective Agreement. plus the seniority supplement corresponding to the application of the tables in Article 12 of this Collective Agreement and, as a divider, the figure of one thousand seven hundred and fifty hours. An increase of 35 per 100 will be applied to the value thus established.

8. By mutual agreement between the undertaking and the worker, the performance by the latter of the structural overtime may be compensated for by an equivalent period of rest.

In such a case, there should be agreement between the parties on the structural overtime to be compensated for off-time, as well as the hours or dates on which it will be applied, with the only limitation of that their accumulation may only be carried out monthly.

Article 16. Holidays.

1. All staff, without exception, shall be entitled to a period of holiday, in annual calculation, of twenty-three working days, considering these effects as non-working Saturdays and holidays.

2. The holidays will be granted according to the needs of the work, trying to please the staff as to the time of enjoyment, giving preference to the oldest.

3. Staff will be able to leave on holiday for three periods. In any event, the third period shall be subject to the agreement between the undertaking and the worker.

4. The holiday tables laid down in accordance with the contents of the preceding paragraphs, specifying the period or periods of enjoyment of the workers ' holidays, must be made public and made public for all interested before 30 April of each year.

5. Where the employee ceases to provide services within the undertaking before he has enjoyed his holiday, he shall receive in cash the remuneration of the days in proportion. Except in such cases, holidays may not be replaced by the payment of equivalent wages.

6. The employer may exclude, as a holiday period, that which coincides with the company's increased seasonal production activity, after consultation with the legal representatives of the employees.

Article 17. Unpaid leave and licenses.

Workers who carry at least one year in the company will be entitled to apply for unpaid leave up to a total of 15 days a year and must be granted to the company, unless it is not feasible by notary and justified needs of the service.

Staff carrying a minimum of five years ' service may, in the case of justified need, ask for licences without a salary for a period of not less than one month and no more than six. This licence may not be requested more than once in the course of three years.

CHAPTER V

Multiple Provisions

Article 18. Transfers.

I. 1. At the request of the worker: In the event of vacancies in the branches of the company, preference will be given for the transfer in the first place the employee who requests it to meet with his or her spouse and, secondly, the oldest in the application.

2. For service needs:

(a) The transfer of workers will require the existence of technical, economic, organizational or production reasons that justify it, or contracts relating to the business activity.

(b) The transfer decision must be notified to the worker, as well as to his legal representatives, at least thirty days before the date of their effectiveness.

c) Notified the decision of the transfer, the worker will have the right to choose between the transfer, perceiving a compensation for expenses, or the extinction of his contract, perceiving an indemnity of twenty days of salary per year of service, prorating for months the periods of time inferior to the year and with a maximum of twelve monthly.

(d) Only workers with an age of less than ten years and for one time may be transferred.

II. The compensation to be paid for the service needs shall be:

Locomotion of the person concerned and of the family members living with him.

Transport of furniture, clothes and goods.

Cash compensation equivalent to two months of actual salary.

The approximate amount of the above expenses will be paid in advance when the data subject claims it.

In either case, the time limit for reinstatement to the new job will be no less than thirty days from your written notification to the worker.

Article 19. Retirement.

1. Workers who are 60 and two years of age, and provided that they fulfil the general conditions required to be entitled to a contributory pension for the retirement of social security with the exception of age, may reduce their working day In the case of the social security system, the social security system must be used to ensure that the social security benefits of the social security system are met, and that the social security benefits of the social security system must be respected. unemployment in number equal to that of the retirements that occur and to be covered, such as minimum, the working day replaced until the date of retirement previously foreseen. These retirements will be carried out in accordance with the provisions of Royal Decree-Law 18/1993 of 3 December 1993 and provisions which develop or replace it, taking into account that the ages mentioned in the previous paragraph are referred to those established in general by the Social Security system to cause the right to the retirement pension at the time of enactment of the aforementioned Royal Decree-Law.

Workers when they are 60 and four years of age will be able to retire with 100 per 100 of the passive rights, leaving the companies obliged to the simultaneous hiring of young workers or insurance workers. of unemployment in number equal to that of the pensions which are produced and with contracts of the same nature as the extinct ones. These retirements will be made in accordance with the provisions of Royal Decree 1194/1985 of 17 July.

The above shall apply in accordance with the terms set out in the above provisions, and as long as they are in force and applicable.

2. The compulsory retirement age shall be that of sixty-five years, without prejudice to the completion of the periods of absence or the periods of contribution to the attainment of 100 per 100 of the pension corresponding to retirement.

Article 20. Life insurance.

Companies pledge to subscribe to life insurance in favor of each of their workers for the following insured capital:

a) 2,000,000 pesetas for death.

b) 2.000.000 pesetas for total and permanent professional incapacity.

c) 2,000,000 pesetas in case of absolute and permanent invalidity.

The guarantees of total and permanent professional incapacity and absolute and permanent invalidity will cease, in any case, at the end of the annuity of the insurance and within which the insured will meet the age of sixty-five years.

The liability of the companies will be limited solely and exclusively to the subscription of the corresponding policy and to the payment of the corresponding premium. Workers will no longer be included in the policy when the employment contract is terminated for any cause.

Article 21. Annual medical recognition.

The companies will have the appropriate measures to ensure that all workers can undergo an annual medical examination consisting of the following tests:

1. General clinical study.

2. Urinalysis.

3. Blood tests.

4. Hearing and hearing.

5. Psychotechnical examination.

6. Tests for the detection of phlebitis for those who request it.

7. Gynaecological review for those who request it.

Article 22. Social Security.

In case of illness or accident of work both representations agree to establish a supplement to the economic benefits of the Social Security or the insurance of accidents of work, in the following amount:

(a) In the case of a temporary incapacity for work due to a common sickness or non-employment accident up to 20 days, it shall consist of 30 per 100 of the basis for the calculation of the economic benefit.

(b) In the absence of temporary incapacity for work by common sickness or non-employment accident, more than 20 days in duration, up to 100 per 100 of the basis of the calculation of the economic benefit shall be completed for the duration of the temporary incapacity for work.

(c) In the absence of temporary incapacity for work, occupational disease or hospitalization, up to 100 per 100 of the basis of the calculation of the economic benefit shall also be completed.

Such percentages have been set in the light of the fact that, at this time, benefits due to temporary incapacity for work due to common illness or non-working accident, up to the 20th day are 60 per 100 of the basis of the Social security contributions instead of 75 per 100 as it was.

Article 23. Interest-free loans.

1. Staff who are at least two years old in the undertaking shall have the right to cover their own needs, the expenditure of which shall be credited, to a non-interest loan consisting of an amount equivalent to a maximum of half a year, of the salary indicated for his professional category in the tables set out in Article 11 of this Collective Agreement.

2. This loan will be reintegrated into the company at the maximum level of 10 per 100 of each pay.

3. No new loan or advance payment of those defined in this Article shall be entitled to the granting of a new loan, as long as it is in force. Where part of the loan or advance payment is outstanding and any new cause arising which may result in a new loan or loan, it shall be granted once the outstanding balance has been cancelled and a period of two years since its concession.

Article 24. Support for studies.

1. The companies, depending on the human and professional development of their employees, will grant them to study subjects directly related to this sector of activity and with their best training and training for their promotion in the within the company, in officially recognised centres:

(a) 80 per 100 of the tuition fees or fees of the educational establishments, as well as the amount of the books, up to the maximum of the amount equal to one sixth of the annual salary set for their professional level in Article 11 of this Collective Agreement.

b) Facilitate and harmonize, provided that the organization of work permits, the working hours with those of class and study.

In the event that such studies are provided in public and private institutions, the above mentioned obligations of the company will not extend beyond those of the corresponding public center.

2. The right to this aid will be lost in the following year if it does not approve more than 50 per 100 of the subjects in which it was registered.

3. Permission shall be granted for the time required for the conduct of examinations necessary for obtaining a diploma.

Article 25. Plus transport.

In order to contribute to the costs of transport of personnel, a plus of transport of 359 pesetas is established for 1997, and of 369 pesetas for 1998 per day of work. Such plus shall be no longer received by the worker on Sundays, holidays, holidays and days of inattendance at work for any other reason justified or unjustified.

Article 26. Departures and diets.

1. If, for the purposes of the service, any worker in the locality in which he/she habitually has his/her destination is displaced, the company shall pay him/her in respect of expenses, in addition to the costs of locomotion, a diet of:

a) One meal was: 2,602 pesetas for 1997, and 2,673 pesetas for 1998.

b) Two meals were: 4,162 pesetas for 1997, and 4,277 pesetas for 1998.

c) Pernoctar out: The company will establish a system of credit of justified hotel expenses (room with bathroom or shower) or housing, applicable to its employees.

2. When the worker is unable to return to his home to eat the company works other than the usual, even if he is in his place, he will be entitled to the diet for food.

3. Where the movement lasts for more than 60 days, the amount of the allowance shall be reduced by 50 per 100.

4. Undertakings may also set up a system of expenditure to be justified, both for catering and for hotels, in place of the allowances provided for in this Article.

Article 27. Cost of locomotion.

When travel or travel originated by the company's needs, the workers will use their private car for 30 pesetas for 1997, and 31 pesetas for 1998 per kilometre.

CHAPTER VI

Disciplinary regime

Article 28. Fouls.

Workers may be punished by the Management of Companies in accordance with the graduation of faults and penalties set out in the following paragraphs. Any failure committed by a worker shall be classified, taking into account its importance, significance and intention in light, serious or very serious.

They will be considered minor faults:

1. Three faults of punctuality during the month without there being justified cause.

2. Failure to communicate with due notice of lack of work for justified reasons, unless it proves the impossibility of doing so.

3. Lack of personal grooming and personal cleansing.

4. Lack of attention and diligence with the public.

5. Discussions that have an impact on the good progress of services.

6. The job is missing one day a month without justified cause.

7. The occasional drunkenness.

Serious faults:

1. To miss two days of work without justification or more than three unjustifiable faults of punctuality during the same month.

2. The simulation of illness or accident.

3. Simulate the presence of another worker, using his card, signature or card.

4. Change, look or stir the closets and clothes of the companions without proper authorization.

5. Those committed against discipline at work or against respect because of their superiors.

6. The recidivism in minor faults, even if they are of different nature, within a quarter, when they have mediated sanctions.

7. The abandonment of work without justified cause.

8. Negligence at work when it causes serious injury.

Very serious faults:

1. To miss work more than two days a month without justified cause or more than twenty non-justified faults of punctuality committed in a period of six months, or forty for one year.

2. Fraud, disloyalty and breach of trust in the efforts entrusted.

3. Theft and theft, both to other workers and to the company, or to any person within or outside the premises of the company during the act of service.

In this section, it is included to distort data before the workers ' representatives, if such untruths are malicious in order to achieve any benefit.

4. Proven disease simulation; to disable, destroy or cause damage to machines, appliances, installations, buildings, beings and departments of the company; to have fallen on the worker's judgment of the Courts of Justice competent for the offence of theft, theft, fraud and embezzlement committed outside the company which may cause a lack of confidence towards the author; the continuous and usual lack of grooming and personal cleansing which result in justified complaints from colleagues; drunkenness during work; to engage in work of the same activity involving competition to the company, if not a half authorization of the same; the ill-treatment of words and work or serious lack of respect and consideration to the bosses, companions and subordinates; to abandon the job in positions of responsibility; the recidivism in serious misconduct, even if it is of a different nature within the same quarter, provided that they have been subject to sanctions.

5. Repeated and unjustified failures of assistance or punctuality to work; indiscipline or disobedience at work; verbal or physical offenses to the employer, to persons working in the company or to family members living with -the transgression of good contractual faith, as well as the abuse of confidence in the performance of work; the continuous and voluntary decrease in the performance of normal or agreed work, and, the usual drunkenness or toxiconomy if they affect negatively at work.

Article 29. Sanctions.

Sanctions regime:

It is up to the company to impose sanctions in the terms of the provisions of this Convention.

Sanctions require motivated communication from the worker. In any event, the company will account for the legal representatives of the employees, at the same time as the company itself, of any penalty imposed.

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

(a) For minor faults: Verbal, written warning, suspension of employment and one day's salary.

b) For serious misconduct: Suspension of employment and salary of two to ten days.

c) For very serious faults: From suspension of employment and salary from eleven to sixty days, until dismissal.

CHAPTER VII

Trade union rights

Article 30. Trade union rights.

In the area of trade union rights, the provisions of the current legislation will be in place.

Article 31. Company committees and Personnel Delegates.

(a) In the case of the members of the business committees, or when there are several Personnel Delegates in the work centre, it may be accumulated in one or more of the same, the legal reserve of hours that the entire corresponds.

When in the workplace there is a single Staff Delegate the credit for hours of booking is understood to be quarterly and for a total of forty-five hours.

(b) In the case of a significant reduction in the workforce, the automatic reduction of workers ' representatives to adjust their members to the volume of staff will occur, unless the reduction implies the total disappearance of legal representatives of the workers.

A significant reduction in the template shall be taken when the template is 10 per 100 in respect of the average number of employees in assets over a period of three previous months.

Article 32. From the trade unions.

1. Companies must respect the right of all their employees to be free of charge, without being able to secure their employment on the condition that they do not join or renounce their affiliation.

Consequently, neither will companies be able to fire, or otherwise harm their workers because of the union activities that are recognized for them.

2. The trade union representatives who participate in the Collective Agreements Negotiating Commissions and the Joint Commissions provided for in the same, maintaining their relationship as an active worker in any company, will be entitled to the concession of the paid leave necessary for the proper exercise of their work as negotiators, provided that the undertaking is affected by the negotiation.

Additional disposition first. Joint Committee.

1. For all matters arising from the application of this Collective Agreement, the following Joint Committee is hereby established:

Headlines:

ASNEF: Four members designated by the ASNEF.

CC. OO.: Two members appointed by the State Banking and Savings Federation of CC.OO.

UGT: Two members appointed by the Federation of UGT Services.

Substitutes:

ASNEF: Four members designated by the ASNEF.

CC. OO.: Two members appointed by the State Banking and Savings Federation of CC.OO.

UGT: Two members appointed by the Federation of UGT Services.

2. The call for a call by either party of the Commission shall be convened within a maximum of 15 days. Such a call must be made through the Association of Employers or the Signatory Trade Unions.

3. These will be the functions of this Joint Commission:

a) Inform the labour authority on how many issues are raised about the interpretation of this Convention.

b) Exercise arbitration and mediation in the matters submitted by the parties to their consideration.

c) To monitor compliance with the provisions of this Collective Agreement.

d) To know and to decide on the issues that are raised in the field of functional, personal and territorial scope of this Collective Agreement; promotion and promotion, suitability of courses and their evaluations, assistance and (i) the improvement of training courses, the inability to provide assistance to them and the absence of training courses, and hence the age required for the promotion, and changes in the legal representation of workers in the the company, as well as the resolution of the discrepancies raised by the application of the professional classification established in the professional groups covered by this Convention.

4. Within the Joint Committee, the agreements shall be adopted by unanimity or, failing that, by a simple majority, and shall be reflected in a summary report to be signed by all the participants at the meeting.

5. The validity of the agreements shall require at least the presence of more than 50 per 100 of the Vocals for each part.

Additional provision second. Conditions of exclusion.

The salary tables set out in this Collective Agreement shall not be necessary or required for those undertakings which credit, objectively and reliably, situations of deficit or losses held in two consecutive accounting years or three alternate years in the last five years.

The companies in this situation will put it to the attention of the Joint Commission, who will decide in the light of the information provided.

In these cases, the Joint Commission will be transferred to the setting of the increase in wages. In order to assess this situation, circumstances such as the insufficient level of production and sales will be taken into account, and the data resulting from the accounting of the companies, their Balances and their results accounts will be considered.

In the event of a discrepancy in the valuation of such data, reports from Auditors or Accounts of Accounts may be used, taking into account the circumstances and dimensions of the companies.

Depending on the unit of employment in which the companies which allege these circumstances are included, they must submit to the workers ' representation the precise documentation (Balances, accounts of the results and, where appropriate, reports from Auditors or the Audit Board of Auditors) which justifies a differentiated wage treatment.

In this sense, in those of less than twenty-five workers and, depending on the economic costs that this implies, the report of the Auditors or the Jury of Accounts of Accounts will be replaced by the necessary documentation within the above paragraphs in order to demonstrate the loss situation.

The legal representatives of the workers are obliged to treat and maintain in the largest reserve the information received and the data to which they have had access as a result of what was established in the preceding paragraphs, (i) observing, therefore, in respect of all this, professional secrecy.

Additional provision third. Commission of study.

During the term of this Collective Agreement a Commission shall be constituted of four members appointed by ASNEF; two members appointed by the State Federation of Banks and Savings Banks of CC.OO., and two members designated by the Federation of UGT Services, for the study and analysis of an alternative system to the age currently included in the Collective Agreement.