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Resolution Of 15 July 1997, Of The General Directorate Of Labour, By Which Registration Is Available In The Registration And Publication Of The Collective Agreement Of State Level For The Industry Of Poultry And Other Animals.

Original Language Title: Resolución de 15 de julio de 1997, de la Dirección General de Trabajo, por la que se dispone la inscripción en el Registro y publicación del Convenio Colectivo de ámbito estatal para la Industria de Granjas Avícolas y Otros Animales.

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TEXT

Having regard to the text of the State-wide Collective Agreement for the Industry of Poultry Farms and Other Animals (Convention Code number 9902415), which was signed on 17 March 1997, by the National Association Producers of Pollos (ANPP) and the Spanish Association of Egg Producers (ASEPRHU), representing companies in the sector, and the other by the Union Central and Central American Trade Union (UGT) and 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, July 15, 1997. -Director General, Soledad Cordova Garrido.

COLLECTIVE AGREEMENT FOR POULTRY FARMS AND OTHER ANIMALS

CHAPTER I

General provisions

Article 1. Object.

The Collective Agreement aims to regulate working and employment conditions and to maintain a framework of harmonious relations between companies and workers.

This Convention is based on equal rights and obligations without discrimination on grounds of sex, religion, color, race. political or trade union ideology with the exception of women's rights to maternity rights.

Article 2. Territorial scope.

The provisions of this Convention shall apply throughout the territory of the Spanish State.

Article 3. Functional scope.

Companies that develop the following activities shall be governed by this Convention:

1. Those that are dedicated to reproduction through the use of incubators, themselves or others, that sell newborn chicks, whatever their capacity.

2. Breeding farms which are engaged in the breeding and exploitation of defined breeds or breeds and whose production of eggs for hatching chicks and breeding parents are intended to supply and populate the facilities of other farms or rural poultry holdings.

3. Those which are used for the sale of fertile eggs for hatching by means of the use of agents or any other ordinary commercial event.

4. The industrial incubation rooms which are used for the purchase of fertile eggs and for sale, either on a commission or on a self-employed basis, of the chicks born in their premises.

5. Holdings in ships or premises intended for the production, classification and processing of eggs or rearing of chickens.

6. Holdings engaged in breeding, breeding, breeding and fattening of livestock of any species, provided that they are not governed by another Collective Agreement.

The allusions made in this Convention to birds must be interpreted with a comprehensive understanding of the exploitation of any type of animal.

Article 4. Personal scope.

The provisions of this Convention shall be subject to the provisions of this Convention all workers who provide their services to undertakings whose activities are covered by those described in the functional area with the exception of staff of (a) a higher level of management, thus being a non-mandatory application in the absence of the individual contract of employment. Royal Decree 1438/1985 of 1 August 1985 and Staff Regulations of Workers.

Article 5. Concurrency of Conventions.

As for the concurrency of Conventions, it will be in accordance with the laws and regulations in force at any time.

Article 6. Temporary scope.

The Convention shall enter into force with effect from 1 January 1996, irrespective of the date of its publication in the Official Gazette of the State, its duration being for two years and for the period between this date and 31 December 1997.

The Convention will be tacitly extended for successive annual periods if none of the signatory parties denounces it at least one month before the date of its expiry or any of its extensions.

Article 7. More beneficial conditions.

The improvements agreed in this Convention as a whole and in annual calculations are without prejudice to those in Conventions, clauses or situations currently implemented in the various nationalities, regions and (a) provinces, which involve more beneficial conditions in respect of the agreed pacts, which will remain for those workers who are enjoying them and at work centres and undertakings which are also recognised as such.

The remuneration provided for in this Convention shall compensate for any other existing at the time of entry into force of this Convention whatever the nature or origin of its existence.

The legal provisions involving an economic variation in all or any of the existing remuneration concepts or which involve the creation of new ones will only have practical effectiveness in terms of those considered In its entirety and in annual accounts, they exceed the total level of the latter, and must be understood, if not, absorbed by the improvements agreed upon in the same.

CHAPTER II

Organization of the job

Article 8. Faculty of management.

1. The management of the undertaking, where there are proven economic, technical, organisational or production reasons, may agree to substantial changes in working conditions. They shall be considered to have substantial changes in working conditions, including those affecting the following subjects:

a) Working day.

b) Schedule.

c) Shift work regime.

d) Remuneration systems.

e) The work and performance system.

(f) Functions, where they exceed the limits for functional mobility provided for in Article 39 of the Staff Regulations.

It will be understood that the causes referred to in this article are met when the adoption of the proposed measures contributes to improving the situation of the company through a more adequate organization of its resources, which favors its competitive position in the market or a better response to the demand requirements.

2. Substantial changes in working conditions may be of an individual or collective nature.

It is considered as an individual character to modify the working conditions that the individual works enjoy.

It is considered as a collective nature to modify those conditions recognized to workers by virtue of collective agreement or agreement or enjoyed by them under a unilateral decision of the employer of effects collectives. The modification of the conditions laid down in the collective agreements covered by Title III of the Staff Regulations may be produced only by agreement between the undertaking and the representatives of the employees and the referred to in paragraphs (b), (c), (d) and (e) of the previous paragraph.

By way of derogation from the foregoing paragraph, no collective character shall be considered for the purposes of paragraph 4 of this Article, the functional and working time modifications which may be affect, within a period of 90 days, a number of workers less than:

a) 10 workers, in companies that occupy less than 100 workers.

b) 10 per 100 of the number of workers in the company in those who occupy between one hundred and three hundred workers.

c) 30 workers, in companies occupying 300 or more workers.

3. The decision to change the conditions of individual working conditions must be notified by the employer to the worker concerned and to his legal representatives at least 30 days before the date of their effectiveness.

In the cases provided for in paragraphs (a), (b) and (c) of paragraph 1 of this Article, and without prejudice to Article 50 (1) of the Staff Regulations, if the worker is injured by the Substantial modification shall be entitled to terminate his contract and to receive compensation of twenty days ' salary per year of service pro rata for months for periods of less than one year and for a maximum of nine months.

Without prejudice to the enforceability of the modification within the time limit of effectiveness cited above, the worker who has not opted for the termination of his contract will be displeased with the business decision. challenge it to the competent jurisdiction. The judgment shall state the justified or unjustified amendment and, in the latter case, shall recognise the right of the worker to be replaced in his earlier conditions.

When in order to circumvent the forecasts contained in the following paragraph of this article, the company will make substantial changes to the working conditions in successive periods of ninety days in number less than the thresholds referred to in the last subparagraph of paragraph 2, without new causes justifying such action, such new amendments shall be deemed to have been made in law fraud and shall be declared null and void.

4. The decision of a substantial modification of working conditions of a collective nature shall be preceded by a period of consultation with the legal representatives of the workers of a duration of not less than 15 days. Such a period of consultation should cover the reasons for the business decision and the possibility of avoiding or reducing its effects, as well as on the measures necessary to mitigate its consequences for the workers concerned.

During the consultation period, the parties will have to negotiate in good faith, with a view to reaching an agreement.

Such an agreement shall require the agreement of the majority of the members of the Committee or the Committees of Enterprise, of the Staff Delegates where appropriate, or of trade union representations, if any, which, as a whole, represent the majority of those.

After the end of the consultation period, the employer shall notify the employees of his decision on the amendment, which shall take effect after the expiry of the period referred to in paragraph 3 of this Article.

Against the decisions referred to in this paragraph, it may be claimed in collective conflict, without prejudice to the individual action provided for in paragraph 3 of this Article. The interposition of the conflict will paralyse the processing of individual actions initiated until their resolution.

The agreement with the legal representatives of the workers in the period of consultation shall be without prejudice to the right of the workers concerned to exercise the option provided for in the second subparagraph of paragraph 3 of this Article. Article.

CHAPTER III

Job Regime

Article 9. Working time.

The working day agreed during the term of this Convention shall be one thousand eight hundred and twenty hours of effective work as a whole year equivalent to six hours 40 minutes of effective work, with a total of Two hundred and seventy-three working days per year.

A day of departure shall mean an uninterrupted rest of at least one hour, in the case of continuous working hours, a rest period of not less than 15 minutes shall be established. The on-call time off previously envisaged shall be considered to be effective working time when, by individual or collective agreement between employers and workers, this is established or established.

Due to the perishable nature of the raw material and the product, it will be the private faculty of the company the organization in the centers of work in the most convenient days, establishing to such effects the schedules and shifts of work. In order to establish schedules and shifts and the modification of the same, it must be negotiated and agreed with the Committee of Business or Delegates of Personnel.

Article 10. Presence control.

The hours indicated in the working hours as the beginning of the day must be in a position to carry out the effective work, that is, with clothes, tools and other useful, and in the job, in the same way proceed at the end of the day.

It is understood that the time taken to collect and clean the tools is considered effective for these purposes.

Article 11. Extension of working hours, overtime and multi-employment.

11.1 In the face of the serious situation of unemployment and in order to promote job creation, both parties agree on the desirability of reducing the number of overtime hours to the minimum necessary in accordance with the following conditions: criteria:

11.1.1 Regular overtime: Reduction.

11.1.2 Extraordinary hours by force majeure: Given the special characteristics of the poultry activity, when causes of force majeure are present, such as delay in the landing of birds, problems of pathological type or Preventive measures, as well as delays in the birth of chicks, will extend the working day to the end of the tasks referred to in the event of which overtime will be paid as overtime.

11.1.3 Structural extraordinary hours: These are to be understood for the purposes set out in Royal Decree 1858/1981 of 20 August, those necessary for periods of production, unforeseen absences, (a) claims of a structural nature arising from the nature of the work in question or maintenance.

All of this, provided that it is not possible to meet those needs for temporary or part-time hiring provided for by the Law.

11.2 The overtime motivated by force majeure and the structural forces will be notified monthly to the working authority jointly by the company and the Staff Committee or Delegate, as provided for in the article 2.o of Royal Decree 1858/1981.

11.3 No account shall be taken, for the purposes of the maximum duration of the ordinary working day or for the calculation of the maximum number of authorised overtime hours, of the excess of those worked to prevent or repair claims or other extraordinary and urgent damages, without prejudice to their payment as if it were overtime.

11.4 The number of overtime may not exceed two per day, 15 per month and eighty per year, except as provided for in numbers 1, 2 and 3 of this Article.

11.5 For the avoidance of situations of pluriemployment, the following shall be taken into account:

(a) All contracts in force up to the date of the date of this Convention shall be construed as being carried out under the principle of "exclusive dedication" unless otherwise agreed.

b) The exercise of the pluriemployment by the worker of the undertakings in the sector shall be regarded as a breach of the good contractual faith of those referred to in Article 54 of the Staff Regulations.

(c) In all new-income contracts, an express prohibition clause for the exercise of multi-employment will necessarily be included.

(d) For the purposes of the foregoing paragraphs, "pluriemployment" shall mean any work paid on behalf of others, whatever their nature.

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 the Social Security system with the utmost rigour, due to the fact that they are already discharged from another company.

in order to contribute to the objective of controlling pluriemployment, the exact fulfilment of the requirement to make known to the legal representatives of workers the newsletters of social security contributions is considered essential. as the models of written work contracts used in the company, as well as of the documents relating to the termination of the employment relationship as provided for in Article 64.1.2 of the Staff Regulations. Failure to comply with this obligation shall be deemed to be serious for the purposes of its sanction by the labour authority.

Worker and company, by common agreement, in each specific case, may compensate for overtime the extraordinary hours realized, at the rate of two ordinary hours for each one of the extraordinary realized, by days average or complete. The breaks from the present must be brought to the attention of the company, at least 15 days in advance of its enjoyment.

e) In compensation for the exclusive dedication here agreed, a special remuneration of thirty-five pesetas per month per worker is established, whichever is the same.

Article 12. Journey time.

Given the perishable nature of the matter transported, transport-related personnel will be able to extend the working day in certain cases, up to fifty hours a week while ensuring the necessary time for meals, that of the usual rest.

Given, equally, the difficulty of determining the hours actually worked outside the workplace, the day will be negotiated in each case.

The duration of the journey of transport personnel shall be compensated by agreement between the parties, by means of incentives and overtime, to be arranged in each case, depending on the kilometres travelled, category of vehicle, hours spread, birds and products distributed and other concepts, being able to use as modules one of them, several or all. These incentives, where they exist, will cover the amount of overtime.

Article 13.

Companies within the functional scope of this Convention are excluded from the current legislation on Sunday rest.

However, all personnel affected by this Convention will enjoy the weekly rest established in the legislation in force.

Article 14. Holidays.

All staff affected by this Convention will enjoy a period of leave consisting of twenty-six working days per year. On Saturdays which are not officially public holidays, they shall be understood as working on Saturdays, although in fact no work has been carried out in those days.

Staff entering the year will be entitled to the proportional portion of the vacation according to the number of months worked, and the fraction of the vacation is calculated as a complete month.

The holiday period cannot be replaced by economic compensation or accumulated from one year to the next, distributed from Easter to the end of the Christmas holidays, except for the pact to the contrary between workers and company.

The holiday distribution table must be made in accordance with the needs of the service and at least two months before its start. The oldest will have preference over the most modern in case of discrepancies over the period of enjoyment, but once the oldest one has made use of his right, the next year, he will yield his primacy to that which followed him in antiquity, proceeding on a rotating basis on the following holidays. In any case the differences over the enjoyment of the holidays will be solved by the Courts of the Social.

The company will pay the outstanding monthly payment at the beginning of the same.

CHAPTER IV

Exceed and licenses

Article 15. Surplus.

Two classes are recognized, voluntary and forced.

None of these classes is entitled to remuneration as long as the surplus is not rejoined to the service.

Voluntary leave may be requested by all workers who have at least one year at the service of the company, provided that they are not engaged in any other work or self-employment or activities of the same sector.

Requests for excess will be resolved within the month following your submission, and will be addressed within the service's demonstrable needs.

Voluntary leave shall be granted for a period of not less than one year and not more than five years. To no effect shall the time of the same be computed. In order to benefit from another voluntary leave the worker must fulfil a new period of at least four years of effective service in the undertaking.

The right to reentry into the company will be lost if the deadline by which the excess was granted is not requested.

The re-entry will take place when the first vacancy in your category occurs.

In the event that the reason for the excess is the care for seriously ill first-degree relatives or for better care of the prole by the working mother, when the compulsory surplus has expired, it will be possible choose to re-enter a similar or lower category.

Enforced leave will be granted in the following cases:

1. Appointment of a public office to be done either by decree or elective.

2. Exercise of selective charges in the trade unions, in the Social Security or agency of the Administration, which for their dedication to the same, make the assistance to the job impossible.

3. From the day following the last day in which he has been granted temporary incapacity and for the duration of the provisional invalidity.

4. Compulsory military service or voluntary service to anticipate its compliance with the minimum duration of the service, and two more months from the date of licensing.

5. The surplus applied for and granted to the worker for the purpose of the prole.

The reinstatement of the fixed worker from a forced surplus will determine the automatic termination of the interim worker who would have been hired to replace him, but the latter must be notified at least 15 days in advance and will enjoy preference for income in the company. The reinstatement shall take place within 15 days of the request.

Article 16. Licenses.

By warning of possible prior notice and proper justification for all personnel covered by this Convention, you will be entitled to receive paid leave in the following cases:

a) For the time of fifteen calendar days in case of marriage.

(b) For three days, which may be extended by one more day for every 100 kilometres of distance if the worker is required to move outside his residence and with a limit of five days, in cases of wife birth or serious illness or death of spouse, child, mother of one or other spouse, grandchildren, grandparents, siblings, whether they are consanguineos or related. For the above purposes, in any case, it shall be understood as a serious illness which requires hospitalization or surgical intervention.

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

d) For the time indispensable for the fulfillment of an inexcusable duty of public and personal character. Where a legal or conventional standard is set out, a given period shall be determined in terms of the duration of the absence and its economic compensation.

e) For the time established to enjoy general educational rights and professional training in the cases and in the regulated form in the legislation in force. Where compliance with the duty referred to above involves the impossibility of providing the work due to more than 20 per 100 of the working hours over a period of three months, the undertaking may pass on to the worker concerned with the situation of (a) the excess of the amount referred to in Article 46 (1) of the Staff Regulations.

f) One day to attend the marriage of parents, children or siblings. For the purposes of this Convention, situations of a stable nature, which have been established, shall be considered as marriage and family situations, even if there is no canonical or civil marriage.

In the event that the worker, by virtue of the duty or the performance of the job, receives compensation, the amount of the same salary as he was entitled to in the company will be deducted.

Article 17. Marriage dowry.

The rights and obligations laid down in labour law affect men and women equally; therefore, the voluntary termination of the employment contract by reason of marriage shall not be entitled to any compensation.

CHAPTER V

Safety and health care

Article 18. Safety and occupational health.

In all matters relating to occupational safety and health, the companies affected by this Convention will apply the provisions of the Law 31/1995 on the Prevention of Occupational Risks and Development Regulations, as well as the rest of the Regulations of particular application to the specific activity of the company. In any case, the presence of pregnant workers in toxic and dangerous jobs will be avoided.

Article 19. Garments and work equipment.

The companies will deliver to production staff two complete sets of working garments, composed of mono, shirt, cap or headscarf, suitable footwear and apron in incubation room, as well as warm garment for the workers who have to enter for reasons of work in cold rooms that remain in temperature as advised, and in the work centers in the provinces that the winter temperatures need. The delivery of garments will be made in October.

In any case, the workers will respond to the misuse of the garments and tools that are given to them.

CHAPTER VI

Remuneration

Article 20. Remuneration concepts.

The remuneration of the staff covered by this Convention shall be composed of the basic salary and the supplements which are detailed and correspond to the normal working day referred to in Article 9.

The add-ons alluded to are:

Personal: Age.

Of job: Nocturnity and Penosity.

Periodic Expiration: Extraordinary pay.

Plus assistance.

Extraordinary hours, if any.

Article 21. Base salary.

The base salary of the staff affected by this Convention is the one specified in the table in Annex I for each of the categories.

Article 22. Seniority.

The workers covered by this Convention shall enjoy the seniority of a periodic supplement for the time of service provided in the undertaking from the date of entry into the company, consisting of 2 per 100 per year calculated and always on the base salaries in force at any time and will have a maximum limit of 50 per 100. Once such increases have been made, when they are added to the basic salary, they cannot be taken into account for the calculation of subsequent increases for years of service.

Article 23. Complement of Nocturnity.

The complement of the Nocturnity during the term of this Convention shall be 25 per 100 of the base salary.

They will have the right to the perception of the said supplement, those workers who work more than four hours of their day in the period between the twenty-two and the six hours.

Those workers who make less than four hours in night time will receive the complement of nocturnity in proportion to the time worked.

It is excluded from the receipt of the expressed supplement, the nursery and monitoring staff who perform their function during the night and those hired expressly for night work, as well as recoveries. corresponding.

Article 24. Periodic maturity supplements exceeding the month.

Three extraordinary pages are established for an amount each of thirty days of base salary and seniority, which will be collected, respectively, within the last ten days of June, before December 22 and within the first half of March of the following year for which the financial year corresponds.

The staff who enter or cease in the company during the year will be paid the rewards in reason of the service time, computing the fractions of the month as complements. This same rule applies to campaign workers, casual or interim workers.

Staff with reduced working hours or working for hours will receive the gratification in proportion to the time worked.

Workers in a situation of sick leave, accident or leave shall receive the extraordinary rewards in the part that corresponds to them as if they were active for these purposes, provided that the established conditions.

In extraordinary bonuses, the proportion of the proportion to the lack of unjustified assistance is not due. Article 25. Payment of assets.

The payment of the assets shall be made in accordance with the provisions of the Law. The delivery of the salary sheet shall be compulsory at the time of payment.

However, for exceptional reasons, the salary sheet for the payment made, may be given to the worker within 15 days of the payment.

In companies with less than 50 employees, provided that there is agreement with the Staff Committee or the Staff Delegate, if applicable, the payment will be made by cheque, nominative heel or bank transfer, but in the latter Case, the current account or worker's book, will be produced at the usual date of payment.

CHAPTER VII

Revenue, promotions, and ceases

Article 26.

New income personnel will be provisional during a variable test period whenever written, depending on the nature of the work to be performed, according to the following scales:

Graduates: Six months.

Unqualified staff: One month.

Rest of staff: Three months.

The transient incapacity situation will interrupt the test period, if it is agreed.

During the periods indicated, both the worker and the company may withdraw from the test or terminate the contract without prior notice or right to compensation.

The worker shall enjoy, during the probationary period, the remuneration corresponding to the professional category of the work in which he has been classified. The probationary period shall be computed for the purposes of seniority.

Exceeded the test period the worker will become dependent on the company with the appropriate category in each case.

Article 27. Promotions.

All company personnel will have, on an equal basis and with the exceptions that are then indicated, a right of preference to fill the existing vacancies in any of the professional groups of the company.

The promotions will be carried out according to the rules expressed in the following articles:

Technical personnel: vacancies of technical personnel shall be freely covered by the titles corresponding to the professional competence and the means of organization and command specified by those appointed to cover the post. vacant.

Administrative staff: Administrative staff vacancies will be covered according to the following rules:

(a) The vacancies of the first administrative heads shall be filled by the staff of the undertaking or employed by it, freely designated by it.

(b) The remaining vacancies of administrative staff shall be provided by seniority, after examination of aptitude, among those belonging to the lower immediate category. The post of Cajero, which will be freely covered by the company, is excepted.

Commercial Personnel: Commercial personnel vacancies will be covered according to the following rules:

a) The vacancies of Heads of Purchasing or Sales and of Delegate or Agents of Purchasing or Sales will be provided freely by the company.

b) The vacancies of Repartidors and Helpers will be covered in the same way as those of the workers ' staff.

Helpers will be able to ascend to a higher category, if the three years of stay in the category demonstrate the training and knowledge necessary for this.

Deputy Staff: The Conserje will be freely appointed by the company between the Porters and the Ordinances. The places in these latter categories will preferably be provided within the company among their workers who have suffered accidents or some incapacity and are not entitled to a subsidy. The remaining staff of these categories will be free to choose the company among the staff who apply for the vacancies, and if there are no applications, among the staff outside the company.

Workers ' Staff: The vacancies of this group will be covered by seniority within each specialty, among the staff of the immediate lower category and whenever the one to whom it corresponds is declared fit in the test eminently practice to be submitted to him. In the absence of suitable personnel, they will be covered with personnel outside the company.

When the places to be covered correspond to an aptitude test, the companies shall, in their respective work centres, announce at least two months in advance of the date of conclusion of the test. The vacancies or posts to be filled. the dates on which the exercises are to be carried out, the programme to be carried out, the conditions required in order to pursue them, the manner in which they may be held, merits, diplomas, diplomas or other requirements which they deem to be preferential, in order to establish of the interested parties. All the above mentioned ends, except the vacancies and the date of the tests may be included, as a general rule in the company's Rules of Procedure.

Qualifying Courts: Courts that will judge the contest-opposition or aptitude test, for income and promotions, will be presided over by the person who appoints the Company's Directorate and will be part of the same two Vowels, on behalf of staff, who shall have the same or higher professional status as those corresponding to the places to be covered.

Article 28. Cesses.

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

Technical, administrative and commercial personnel: One month.

Deputy and workers ' staff: Eight days.

Otherwise, you will lose as a penalty a day of salary for each day of delay in the notice of the liquidation that is practiced or as far as it reaches this.

Article 29. Functional and geographical mobility.

In functional and geographic mobility, the provisions of Articles 39 and 40, respectively, of the Workers ' Statute, but workers resident in different locations belonging to the same company they will be able to arrange their jobs.

CHAPTER VIII

Trade union action

Article 30. Committee of Enterprise.

a) General functions:

1. To represent the totality of the company workers to the same.

2. It will have legal capacity for collective bargaining within the same company.

3. The assembly of workers may be convened after communication to the employer and subsequent acknowledgement of receipt with forty-eight hours in advance guaranteeing order, the non-disturbance of the production process and the absence of persons outside the company that do not have authorization from it.

4. They will be able to exercise freedom of expression within the companies in the matters of their representation, being able to publish or distribute, without disturbing the normal development of the production process, those publications of work interest. or social, communicating all of this in advance to the company and exercising such tasks in accordance with the legal standard in force.

b) Labor relations:

1. You will be informed or will be able to collaborate on issues related to:

Training and promotion of staff.

Wages.

Awards and sanctions.

Accidents at work.

Professional diseases.

Permissions.

Fouls.

Social works.

Absenteeism.

c) Safety and occupational health: It will collaborate in carrying out the accident prevention plan that is drawn up as a result of the reports emerging from the Committee on Safety and Health.

d) Organization of Work: Vigil strict compliance with legal regulations in matters related to:

Schedule and working time (as referred to in Article 9 of this Convention).

Distribution and holiday control.

Prolongation of the day (as referred to in Article 11 of this Convention).

Holiday calendar (bridges, party changes).

General classification.

Category Change.

e) Personal: You will be informed by the company of the evolution of the template (casualties, transfers, additions, etc.)

f) Production and market: You will be informed by the company of:

The productivity level of the labor force.

General production march.

Market Outlook.

The information in all these paragraphs will be given by the company to the Committee with a minimum quarterly frequency.

Article 31. Union guarantees.

The companies affected by this Collective Agreement will respect the following guarantees:

(a) They shall provide a credit of paid monthly hours each of the members of the Staff Committee or Delegates in each working centre for the exercise of their representation functions according to the following scale:

Companies up to 100 workers, fifteen hours per month.

Companies from 101 to 250 workers, twenty hours a month.

Companies of 251 up to 500 workers, thirty hours per month.

Companies of 501 up to 750 workers, thirty-five hours monthly.

Companies of 751 workers going forward, forty hours a month.

The components of the Committees of Enterprise or Delegates of Personnel members of a trade union plant may yield the aforementioned hours in order to be accumulated in favor of one of their colleagues of central and committee, referring to the month in progress and by notifying the Management of the undertaking at least 10 working days in advance.

Likewise, union representatives will be able to accumulate the credit of paid monthly hours, by quarters, by advising and supporting the company's management, ten days in advance, the attendance of training courses organized by the trade unions, training institutes and other entities, as well as other trade union activities.

The excess over the same will not be computed within the legal maximum of hours due to the designation of the Staff Delegates or members of the Business Committee as components of the Negotiating Commissions of the Collective agreements in which they are affected and with regard to the holding of official sessions through which such negotiations take place and where the undertaking concerned is affected by the field of negotiation referred to.

(b) Companies will respect the right of all workers to be freely stated, they will admit that workers affiliated to a trade union can hold meetings, collect quotas and distribute union information outside the hours of work and without disturbing the normal activity of the undertakings; they may not subject the employment of a worker to the condition that he does not take hold or give up his membership or trade union activity. The trade unions may send information to all undertakings in which they have sufficient and appreciable membership, in order for it to be distributed outside the working hours and without, in any event, the exercise of such a practice. interrupt the development of the process. In the workplace, there will be bulletin boards in which the duly established trade unions may insert communications, to which effect they will direct copies of the same prior to the address or ownership of the centre.

In those job centres with a workforce exceeding 100 workers and when the trade unions or central banks have obtained 10 per 100 of the votes in the choice of the Enterprise Committee, the representation of the union or central will be held by a Delegate. The trade union which claims to have the right to be represented by personal ownership in any undertaking must prove it to the union in a feisty manner, recognizing that the latter, acting as a delegate, is a condition for all intents and purposes.

The Trade Union Delegate must be an active worker of the respective company and chosen by and among its members in the company. It will preferably be a member of the Enterprise Committee.

c) Functions of Trade Union Delegates:

1. To represent and defend the interests of the union to whom it represents and of the members of the union in the company and to serve as an instrument of communication between its trade union center or union and the direction of the respective companies.

2. You will be able to attend the meetings of the Business Committee, the Committee on Safety and Health and the Joint Committees for interpreting with a voice but without a vote.

3. They shall have access to the same information and documentation as the company must make available to the Committee of Enterprise, in accordance with the provisions of the Law, being obliged to keep professional secrecy in the matters in which they are legally proceed. They will hold the same guarantees and rights as recognized by the law and collective agreements to the members of the company's committees.

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

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

About layoffs and sanctions affecting union members.

In terms of template restructurings, employment regulations, workers ' movement, when it is a collective or general work-center character, and above all project or business action that may affect substantially to the interests of the workers.

The implementation or review of work organization systems and any of its possible consequences.

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

7. In order to facilitate the dissemination of those notices which may be of interest to the members of the union and to the workers in general, the company will make available to the union a notice board to be established within the of the company and where it is ensured, as far as possible, an adequate access to it by all workers.

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

9. In those institutions where this is materially feasible and where a staff of more than 100 employees is held, the Directorate of the Company shall facilitate the use of a premises in order to enable the representative of the trade union to carry out the functions and tasks as such.

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

11. Union quota. The worker concerned in which the amount of the union fee is deducted from the monthly payroll shall send to the Management of the undertaking a letter in which the discount order is clearly expressed by the central or union to which it belongs. The amount of the fee as well as the number of the savings bank account or book to which the corresponding amount must be transferred. The undertakings shall carry out the following measures, unless otherwise specified, for periods of one year.

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

12. Excess: You may apply for the status of excess that worker who holds a union position of provincial relevance at the level of the secretariat of the respective union, and national in any of its modalities. You will remain in such a situation as long as you are in the exercise of that position, returning to your company, if you request, within one month at the end of your performance.

13. Participation of the negotiations of Collective Agreements with the Trade Union Delegates or national offices of national relevance in the nationally established power stations, and participating in the Collective Agreements Negotiating Committees, maintaining their (a) to be linked as an active worker of a company, they will be granted paid leave for them in order to facilitate their work as negotiators and during the course of the above negotiation, provided that the company is affected for the negotiation in question.

CHAPTER IX

Multiple Provisions

Article 32. Obligations of employees.

Workers, in consideration of the concerted economic and labour conditions, undertake to:

Deliver your work with normal and correct performance.

Take care of birds, facilities, tools, tools and garments, made available to you.

Use of individual and collective means of protection in the prevention of accidents.

Respect mediation and jurisdictional procedures in individual and collective claims.

Comply with the regulations set out in Annex 3 to this Convention to reduce labor absenteeism.

Article 33. Sanctions.

It is up to the companies to impose sanctions according to the legal regulations in force at any time.

The penalty of the faults shall not require more formal requirement than to communicate it in writing to the worker, stating the facts that motivate it and the date of its effects, taking into account in any case the provisions of paragraph a) Article 68 and Article 60 of the Staff Regulations.

Article 34. Joint Committee.

1. In any matter that arose due to compliance, interpretation. The parties undertake, after having exhausted all the channels of negotiation and solution at company level, to raise to the Joint Commission the problem raised which must in any case affect a collective undertaking. of workers.

The intervention of the Joint Commission must be requested by any of the organisations which are signatories to the Convention, in writing addressed to the Commission's address, and with copies to each of the trade unions and Employers ' associations.

The Joint Commission will decide within 15 working days, its resolutions being binding and therefore enforceable.

2. Furthermore, the Joint Commission may, subject to submission to its decision of the parties concerned, make arbitration in the individual conflicts between undertakings and workers. The arbitration shall be jointly requested by the parties in dispute, in writing in which the points or extremes submitted to arbitration are revealed. It must be delivered at the address of the Joint Committee, with a copy to each of the trade unions and employers ' associations.

3. In accordance with the provisions of the legislation in force and the previous number, it is established for the purposes of this Convention and the decision of the arbitrations in disputes to be submitted to it, a Commission Peer whose composition and operation shall be governed by the following rules:

(a) It shall consist of five representatives of the companies affected by this Convention, designated by the ANPP and ASEPRHU Associations.

b) Five sector workers appointed by the signatory trade unions, three from UGT and two from CC.OO.

(c) Furthermore, two advisors to ANPP and ASEPRHU and two from the trade unions one by UGT and one by the CC.OO may be part of the Joint Commission. They are freely appointed by the same, with a voice but without a vote.

(d) The Joint Committee shall meet whenever its intervention is required in accordance with paragraphs 1 and 2 of the preceding number. He will have his address in Madrid, Calle Diego de León, number 33, address of ANPP, which is obliged to convene the meetings and to transfer to the headquarters the requests that motivate them and the communications and notifications that, if any, present to the Directorate-General for Work.

(e) The Joint Committee shall be validly constituted when the meeting is attended by half plus one of the representatives of employers and workers, respectively, with the agreement being adopted by a majority of 60 per 100 votes, within each representation.

f) In the case of any case involving undertakings and workers forming part of the Joint Committee, the latter shall be heard by the other components, but shall not be present in the relevant deliberations, maintain the parity of the representation.

Article 35. Accession to the ASEC.

The parties agree to accede to the Agreement on Extractive Collective Conflict Resolution (ASEC), signed in January 1996 by the CEOE and CESME Employers ' Organizations and the Union Confederations of UGT and CC.OO.

Article 36. Early retirement.

In accordance with what is established by Royal Decree-Law 14/1981 of 20 August, and for the case of workers who have completed sixty-four years of work belonging to the working categories of the group of Subalterns, Workers, In the case of a number of other employees, the Commission is required to take account of the conditions laid down in Article 1 (1) of Regulation (EU) No. 101/ 2000, and in particular Article 1 (1) of Regulation (EU) of the right to any of the unemployment benefits or young claimant of first employment, by means of a contract of the same nature as the extinguished.

Employees of the Technical, Administrative and Commercial group who wish to avail themselves of the early retirement referred to in this paragraph shall apply to the company after the age of sixty and

four years. The company will, within 15 days, accept or not accept the proposal for early retirement. If it is accepted, the employment of another worker who is entitled to any of the unemployment benefits or young claimant of first employment shall be employed, by contract of the same nature as the extinguished, that is, fixed campaign, or fixed duration.

In one and the other, the application of the work performance by the new contract may be carried out by the company, in the workplace other than the one in which the retired worker paid his services.

Article 37. Diminished capacity.

Subject to the current legal regulations, and in what is not opposed, all those workers who, by accident at work or occupational disease with reduction of their physical or intellectual faculties, suffer a (a) the Commission shall, in accordance with the conditions laid down in this decision, take the necessary steps to ensure that the conditions are met. In these cases, the salary to be paid to the worker in his new situation shall be that assigned to the professional category in question, in any case respecting the salary that he has been enjoying before the incapacity has occurred and the increases of seniority that will be calculated on the new salary base.

Article 38. Medical recognition.

Workers affected by this Convention shall have the right and duty to a comprehensive and sufficient general medical review, at least once a year. When handling or using corrosive, infectious, irritant, pulvigous or toxic substances, which in particular endanger the health or life of workers, recognition shall be carried out with the frequency required by each case and, at least two a year.

Companies will provide the means necessary for these reviews to be carried out, ensuring that they are carried out within the working day.

CHAPTER X

Final Provisions

Article 39. Indivisibility of the Convention.

The agreed conditions form an indivisible whole, so the application of one or more norms cannot be intended, with the rest of the rest, but all the effects will have to be applied observed in their integrity.

If, in whole or in part, any article of this Convention is declared null and void by the competent labour authority, the Joint Commission shall remedy the deficiencies observed, and if there is no agreement, will carry out a new negotiation.

Article 40. Compensation in the event of death or invalidity due to accident.

1. Irrespective of the compulsory social security allowances which the undertaking provides, the undertaking shall, by means of a cover-up policy with an insurance undertaking, guarantee its employees or, where appropriate, their heirs and the assumptions that are specified, the following indemnities:

1.1 By accident not at work.

1.1.1 Death of the worker: The company shall pay to the heirs of the worker or, failing that, to the person who has designated the worker, the amount of pesetas 1,625,839.

1.1.2 Total permanent invalidity or permanent permanent invalidity of the worker: The company will pay the worker the amount of 1.586,700 pesetas.

1.2 By Job Accident:

1.2.1 Worker's death: The company shall pay the heirs or, failing that, the persons whom it has designated, the amount of pesetas 2,168,490.

1.2.2 Total permanent invalidity or permanent permanent invalidity of the worker: The company shall pay the worker the amount of pesetas 2,168,490.

2. For the purposes of paragraph 1 of this Article:

2.1 For total permanent invalidity the incapacity to disable the worker permanently to carry out all or the fundamental tasks of his/her usual profession even if he/she can dedicate himself to another.

2.2 For absolute permanent invalidity, the incapacity to disable the worker permanently for any profession or profession.

3. The company is obliged to submit to the Company's Committee or Delegate of Personal photocopy of the policy and the receipts of payment of the premium.

The companies affected by this Convention will complete the provisions of this Annex by subscribing to the corresponding policy to the specific insurance company, obliging them to formalize them.

Article 41. Economic increase planned for 1996 and 1997.

Pay Review:

(a) Base salaries and other remuneration concepts for the period from 1 January to 31 December 1996 result from the application of the increase of 3,2 per 100 over the amounts in force in 1995.

(b) The plus of assistance in the period from 1 January to 31 December 1996 shall be increased by the same percentage of 3,2 per 100.

(c) The base salary, plus of assistance and other remuneration concepts in the period from 1 January to 31 December 1997, will result from the increase in the actual CPI in the said period and will be applied to the amounts in force at 31 December 1996.

(d) In the event that the Joint Committee reaches an agreement on the addition of old age and the Convention is extended for the period from 1 January to 31 December 1998, the salary table shall be extended to assistance and other remuneration concepts, will result from the increase in real CPI in 1998, plus 0.5 per 100.

Article 42. Final disposition.

The rules laid down by the general legislation shall apply to everything not provided for or regulated in this Convention.

The Collective Agreement published in the "Official Gazette of the State" number 137, of 9 June 1995, is hereby repealed.

ANNEX I

Pay table for the period from 1 January 1996 to 31 December 1996

Total Monthly

-

Total Pesetas/Annual

-

Pesetas/Categories

Technicians:

Higher graduates/137.053/2.055.795

Media graduates/122.029/1.830.435

Untitled and Diplomated/100.329/1.504,935

Administrative:

Head of First/100.343/1.505.145

Head of 2nd/93,795/1.406,925

First Officer/87,641/1.314,615

Second Officer/82,288/1.234.320

Auxiliary/78,195/1.172,925

Aspiring up to eighteen years/62,681/940,215

Subalters:

Storage/78,195/1.172,925

Vigilant/78,195/1.172,925

Concierge/78,195/1.172,925

Goalkeeper/78,195/1.172,925

Buttons/62,681/940.215

Personal cleaning (day)/2.603/1.186,968

Personal cleanup (time)/408/-

Ordinance/78,195/1.172,925

Commercial:

Seller/2.897/1.321.032

Helper/2.751/1.254.456

Delivery/2.606/1.188.336

Workers:

Charge/3.205/1.461,480

Official/2,848/1.298,688

Specialist/2.703/1.232,568

Helper/2,621/1.195.176

First and second apprentice/2.029/925.224

Multiple:

First Officer/2.897/1.321.032

Second Officer/2,777/1.266.312

Driver/2.897/1.321.032

Plus assistance, payable per day effective work, for all categories/419/114.387

1. Companies in a deficit or loss situation: The percentages of wage increases laid down in this Convention will not be necessary or required for those companies that credit, objectively and reliably, deficit situations or losses held in the accounting years 1995 and 1996.

In addition, circumstances such as the insufficient level of production and sales will be taken into account and the data that results from the accounting of their companies, their balance sheets and their income accounts will be taken into account.

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 the size of the companies.

Depending on the procurement unit in which they are included, the companies that allege these circumstances must present to the workers ' representation the precise documentation (balance sheets, accounts, etc.). results and, where appropriate, report by Auditors or Auditors, which justifies a differentiated wage treatment.

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.

In any case, it should be understood that the provisions set out in the preceding paragraphs only affect the concept of wages and the companies affected by the content of the rest of the Convention.

Companies must express their desire to make use of this right within thirty working days, from the date following the publication of the Convention in the "Official State Gazette".

2. Amount of the allowance: The staff who, for reasons of work, move out of the usual place of work, shall be paid, on the basis of the costs incurred, the following amounts:

For breakfast: 399 pesetas.

For food: 1,327 pesetas.

For dinner: 1,327 pesetas.

To sleep: 2,918 pesetas.

3. Grant in case of retirement or death: The company will pay at the time of the retirement or final death due to illness or accident of its producers, the amount of 7,893 pesetas for each year of service. The services provided from the age of 60 and five years shall not be taken into account for these purposes. In the event of death prior to retirement, the surviving spouse or, where appropriate, the minor or elderly children, physically or mentally disabled or parents living at the expense of the worker, shall receive the amount corresponding to the years of service.

Except for the payment of this prize are those companies that have agreed on improved bases with Social Security.

Retirement will always be compulsory for those workers who have completed the age of sixty-five years, have completed the benefits necessary to reach the maximum pension for such a concept.

4. Job supplement: To the staff who have to carry out exceptionally painful, toxic or dangerous work and for the time spent in such work, they will be paid as long as these conditions are maintained, a supplement of work equivalent to 20 per 100 of your base salary.

In the rules of procedure of the internal system, the works that meet these conditions will be included, which must be considered as such as cleaning and spraying with toxic chemical agents, provided there are no protections. appropriate.

5. Temporary incapacity for work: In the event of temporary incapacity for work and from the 16th in that situation, the company will have to pay each worker the supplement corresponding to the provision of social security to cover 90% of the 100 of the salary referred to in the table in Annex I to those of this Convention, plus seniority.

6. Currency bankruptcy: The Cajero, the Auxiliary of Caja and those who carry out regular operations of collection, will perceive in concept of the bankruptcy of currency, the amounts of 2,649 pesetas the first and 1,893 pesetas the last two.

7. Work on holidays: Staff working on Sundays or holidays even when they enjoy compensatory rest weekdays, will receive a plus of 40 per 100 of their salary.

ANNEX II

Rules to be followed in the absence of the work center

1. General rules:

a) Any absence must be known before.

b) Your request must be in writing.

c) The reason for the absence of documentation should be justified.

2. Specific cases:

2.1 Punctuality High: Lost time to cost.

Work will be allowed up to an hour and a half after the start of the day. Until this authorised time limit, it will be expected that a fraction of half an hour will be met for incorporation into the work.

Regardless of what is established here, the legislation in force will apply.

2.2 Medical visits: In the case of exits to the insurance doctor, the company will pay up to three hours when the visit coincides with the work schedule. For your credit it will be mandatory for the flyer to be signed and dated by the Doctor. In any case, account shall be taken of hours of consultation, transport difficulties and other circumstances which may substantially alter the time limits laid down.

The rest of the hours of absence will be deducted at cost or recovered.

2.3 Public duty compliance. The time spent will be paid. The company shall adjust to the timetable specified by the worker in order to enable it to comply with the public duty.

It will be considered "public duty compliance":

a) A national identity document. It shall be paid only in the case of renewal and once every five years, with the exception of loss, theft, etc., duly justified. It is considered that any person should be provided with a national identity card upon entry into the company.

b) Military Government. Citation of this body as long as the worker is not on the permit of the military service. The subpoena document shall be the supporting document.

The military review will be considered as a particular permit.

c) Citation of Courts. The summons shall be justified in the absence of the right to receive remuneration for the time lost. Only when the cause is imputable to the worker, the absence will be qualified as a particular permit.

2.4 Particular Permissions: It will be discounted at cost price.

2.5 Unlow diseases: Three days per year will be paid. When an employee is exhausted, the three days will remain in the obligation to justify these absences, so that the absence of the absence is not justified. Exhausted the three days will be deducted at cost.

In order to be considered a disease, the justification presented must say without doubt the impossibility of working that day. The justification for having attended a consultation or a similar one shall be rejected.

As for the obligation to notify, it must be done before half an hour of the day's start.

2.6 Unjustified Fhighs: It will be deducted at cost.

Note: Working day cost calculation formula:

Days paid: 455.

Days worked: 365-52 Sundays-14 parties-26 days holiday = 273.

Cost Social Security: 40 per 100.

Worked day cost: 455 /273 * 1, 40 *salary B = 2.34 B.

ANNEX III

Templates, Scalafons, and Categories

Companies will review the categories of their employees to match this Annex.

1. Templates and Scalafons:

1.1 All companies are obliged to make the templates of their fixed staff by pointing out the total number of their employees, which includes each professional category with separation and specification by groups and subgroups.

1.2 Within the initial and successive template, companies may write down the vacancies that occur, without prejudice to the promotion of the existing staff by the access path: It shall be made at least every two years and not it will have an adverse effect on the situation and rights acquired by each of the employees who are part of the company.

1.3 In the administrative staff templates the first, second and auxiliary officers will keep the ratio 20-30 and 50 per 100, respectively.

1.4 In workers ' staff, the number of assistants shall be no more than 60 per 100 of the total.

2.2.1 All undertakings shall, on a single or working basis, provide for the scale of their staff in which at least the following data shall be included for each of the fixed workers:

a) First and last names.

b) Date of birth.

c) Date of entry into the company.

d) The professional category to which you are attached.

e) Date of appointment and promotion to this category.

f) Date of the next increase by the age complement.

g) Order number.

2.2 The order of each worker in the scale will be determined by the date of discharge in the respective professional category within the group or subgroup concerned. In the case of equality, the age of the undertaking shall be decided, and if it is the same, the worker's oldest age.

2.3 Annually, companies will publish the steps for the knowledge of the staff who will have a period of thirty days, starting from that publication, to complain to the company about the situation in the company assigned. If you are denied the complaint, you will be able to go to the Working Jurisdiction within 15 days.

If the company does not reply within sixty days to the claim of the worker referred to in the previous paragraph, it is understood that it accesses the request made.

Defining professional categories:

GROUP A) TECHNICAL STAFF

1. Technical graduates above. They are those who hold an official professional title, of a university character, or of a Higher Technical School, perform in the undertakings their own functions and are paid exclusively or preferably by means of a salary or a lump sum and without, therefore, subject to the usual scale of fees in their respective profession when they are contracted by the undertaking for their professional title.

2. Technical graduates Media. They are those who hold an official professional title of average grade in the companies ' own functions and are paid exclusively or preferably by salary or on a flat-rate basis, and without any subsequent subjection, to the scale of the In the case of the Commission, the Commission has taken into account the fact that the Commission has not yet taken the

3. Diplomatic Technicians. They are those who, possessing a diploma issued by Institutes or other Bodies, carry out, within the industry, specific functions for which they have been hired under their diploma.

4. Non-qualified technicians. This category includes technical personnel who, without the need for official title, because they do not require the work they perform and are not legally necessary, are dedicated to the performance of their special knowledge functions.

Within this category will be included:

4.1 Charged: They are the ones with sufficient professional capacity and the orders of the employer or the technician, with command on the workers ' personnel direct and monitor the works, being responsible for the form of their execution and the discipline of the personnel concerned.

4.2 Laboratory auxiliaries: They are those in the laboratory who perform functions lacking technical responsibility, helping their superiors in jobs that can have a quick check and always under their supervision.

GROUP B) EMPLOYEES

1. Administrative employees

1.1 Head of First: It is the employees who bear or do not have the responsibility and direction of one or more administrative sections, printing them unit, directing and distributing the work.

1.2 Heads of the second: They are the employees with or not of limited power which, if any, carry out works of higher category than the Officers, being in charge of orienting or giving unity to the the section or dependency they direct, as well as to distribute the work among the staff who are dependent on it.

1.3 First Officers: They are the employees who are in charge of a given service, within which they exercise initiative and have responsibility-with or without other employees to their orders-and which perform in particular some of the the following functions: Cash and payments, without signature or bond; statistics; transcription in current account books, daily, major and corresponding; writing and correspondence with own initiative and other analogues.

This category will be included in this category Computer Programmers in computer work, in classic equipment of mechanization of electronic computers.

1.4 Second Officers: These are the employees who, with the initiative, carry out certain functions of accounting, box and interveners, transcription of auxiliary books, correspondence, organization of files or files, invoice writing, social insurance, files and other similar work. Taquimecanographs shall be included in this category.

Classic and Verificant Machine Operators as well as Perforists will be included in this category.

1.5 Auxiliary: These are those employees over the age of eighteen who dedicate themselves, within the offices, to administrative elementary operations and, in general, to the purely mechanical ones, inherent in the work of those. In this category, the Mechanographers of both sexes are understood. They may also perform other functions not strictly bureaucratic, such as weighing, scoring weights and checking stocks.

The Telefonistas will be included in this professional category, as well as those employees who carry out elementary and auxiliary work related to the computers or classic machines of mechanization.

1.6 Aspirants: For those employees who are less than eighteen years old, they will be understood to be working in their own office, ready to start in their own work. Applicants by the age of eighteen years in their work in the same company, will automatically be given the category of Administrative Auxiliary.

2. Commercial Employees

2.1 Sales or Sales Chiefs: These are the employees who, with or without the company's vehicle, travel through the areas or regions indicated to them, in order to control, monitor and encourage the commercial management of Corredores, Repartidores and others agents or representatives, as well as visiting clients, promoting purchases or sales, managing delinquent transactions or any other mission that is directly assigned to them related to the sale and distribution of the company's products. Where he remains in the job, he may be employed in statistical tasks, various checks or similar work. This category shall be taken as Head of First Administrative Board.

2.2 Delegates or Agents of Purchasing or Sales: They are the employees who with practical knowledge in the matter, initiative and responsibility carry out the purchases or sales that are entrusted to them. They shall be treated as First Administrative Officer.

2.3 Repartidores: It is the workers who have as the main function to perform the distributions and deliveries of products to the customers of the company, they take note of the orders that they make and take charge of the collection and the settlement of the spot sales which are entrusted to them. Carry out the loading and unloading of the vehicle assigned to you, being able to be the driver of the vehicle, in which case it will take care of its conservation, cleanliness and good presentation. When your work does not absorb the full day, it may be used for other tasks in the company. They shall be treated in the same way as the first official.

2.4 Repartidor Assistants: They are the ones that the Repartidor's orders help the same in their role. Where their work does not absorb the full day, they may be used for other appropriate tasks within the undertaking. They shall be assimilated to the workers ' staff.

GROUP C) SUBALTERNS

1. Janitor: They are the ones who are responsible for the supervision and discipline of personnel who perform subordinate functions.

2. Store: They are the subaltern responsible for dispatching orders in the warehouses, receiving the goods and distributing them conveniently so that they do not experience demerit in their storage and are easily placed, as well as register in the books or tokens the movement that took place during the day and decree the supplies.

3. Warehouse Mozos: They are the ones who, at the orders of the Warehouse, help this one in the functions proper to his office.

4. Collectors: They are the junior underlings who have as usual occupation the realization of collections and payments, outside the center of work for account and order of the company.

5. Pesadores or Basculeros: They are the operators who have as their sole mission regret and record in the books or parts corresponding to the operations that have occurred during the day in the heavy ones that have been entrusted to them.

6. Guards or Night Watchers: They are the ones who have as their sole mission functions of order and surveillance, lacking the title of Vigilante jury of industry and commerce, taking care, mainly, the access to the farm of the staff strange to it.

7. Goalkeepers: They are the ones who receive instructions from their superiors to take care of the accesses to the factory or offices, they carry out functions of custody and surveillance.

8. Ordinances: It is the deputies whose mission is to do errands, to copy press documents or others, to carry out the tasks entrusted to them among the various departments, to collect and to deliver correspondence and other elementary works similar.

9. Cleaning staff: are the workers in charge of the general grooming services and the cleaning and care of the premises used for office.

GROUP D) WORKERS ' STAFF

1. Officer: It is the operator that at the orders of the businessman or of the Encharged performs any of the functions within its section.

2. Specialist: It is the operator who at the orders of a superior performs certain operations within its section, which can be incubation, upbringing, care, food, drink, selection with a certain degree of specialization.

3 Adjutant: In this category, the operators who at the orders of their superior perform functions for which physical effort is required mainly, namely: Loading and unloading transports, weighing, conservation and cleaning of the premises and the use of the equipment.

2. Miscellaneous trades

2.1 Office of the Office: These workers are considered to be workers who, after an apprenticeship, carry out works of a classical trade such as Mechanics, Electricians, and Albanese. Carpenters, Fontaneros, Hojalateros, etc. These professionals are defined as follows:

2.1.1 First Officers: They are the ones who possess one of the classical trades practice or apply them with such a degree of perfection that not only allows them to carry out general works of the same, but also those who assume special pawn and delicacy.

2.1.2 Second Officers: These are the ones that do not reach the required specialization for the perfect works, they execute the corresponding to a certain trade with sufficient correction and efficiency.

2.2 Help: They are the ones who are executed by an Officer in the operations assigned to them by each of them in their specialty.

2.3 Apprentices: The functions and peculiar characteristics of these workers ' relationship with the company are defined in Article 41 of this Ordinance.

3. Transport

3.1 Vehicle drivers: They are the ones who drive the company's views, taking care of their care and entertainment, collaborating and directing the loading and unloading of the same.

3.2 Vehicle Drivers: They are the workers who at the orders of the driver of the vehicle, execute operations that entrust them with regard to the care and entertainment, as well as in the realization of the loading and unloading of the vehicle.

ANNEX IV

Workers ' default, faults and penalties

Faults:

1.1 Every fault committed by a worker will be classified, taking into account its importance and transcendence, in light, severe and very serious.

1.2 Constitute minor faults:

1.2.1 One to three faults of punctuality in the attendance at work (up to thirty minutes of delay), without due justification and committed within the period of one month.

1.2.2 Do not take appropriate leave in due time when the work is missing for justified reasons, unless it is proved impossible to do so.

1.2.3 Abandon without justified cause of service, even if for a short time.

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

1.2.5 Do not communicate to the company your changes of residence or domicile.

1.2.6 False to work one day per month, unless there is cause to justify it.

1.3 Constitute serious faults:

1.3.1 More than three non-justified, punctuality in attendance at work (up to thirty minutes of delay), committed within a period of thirty days. When the faults were committed in order to relieve another worker the commission of two faults of punctuality will suffice to be qualified as serious.

1.3.2 False two days to work within a period of thirty days without cause to justify it.

1.3.3 Deliver to games, whatever they are, being of service.

1.3.4 The simulation of diseases or accidents.

1.3.5 Simulate the presence of another worker, signing or signing for him.

1.3.6 Refusal or desidia on work that affects the good running of the service.

1.3.7 Disobedience to their superiors in any matter relating to their own service in the category and functions corresponding to the worker, taking into account the provisions of Article 8 of this Convention.

1.3.8 The recklessness in act of service. If the safety and occupational health rules are not met, the worker, his colleagues or the danger of damage or fire in the premises or goods could be considered to be very serious.

1.3.9 Without the appropriate permission, private works during the day, as well as the use of the company's own tools.

1.3.10 The state of drunkenness at work.

1.3.11 The recidivism in a slight lack, except in the case of the relative to the punctuality even if they are of different nature, committed in the same trimester and having mediated written admonition.

1.4 Very serious faults:

1.4.1 More than 10 non-justified errors of punctuality in the attendance at work (up to thirty minutes of delay), committed within a period of six months, or of 20 faults, committed for one year.

1.4.2 Fraud in the management and theft or theft, either to the company or to his or her co-workers or to any other person within the premises of the centre of work or during service, in any event place.

1.4.3 Make it disappear, disable or cause damage in the first areas, such as tools, machinery, appliances, installations, buildings, articles or documents of the company.

1.4.4 Violate the secret of the correspondence or reserved documents of the company.

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

1.4.6 Bad work or lack of respect and consideration of your superiors, colleagues or deputies, provided they do not constitute causes of disciplinary dismissal.

1.4.7 Causing serious accidents by negligence or inexcusable recklessness.

1.4.8 Abandon work in positions of responsibility.

1.4.9 The voluntary, continuous and demonstrated decrease in the normal performance of their work.

1.4.10 Originating frequent and unjustified squabbles and pendences with your co-workers.

1.4.11 The recidivism in serious misconduct committed within the same semester and even if it is of different nature.

1.4.12 The conviction for theft or embezzlement committed outside the company or for any other kind of facts that may imply for this mistrust with respect to its author, and, in any case, the duration of six months, issued by the Courts of Justice.

Sanctions:

The maximum penalties that may be imposed on workers who incur the faults specified in the preceding paragraph of this Article shall be the following:

For minor faults: Amonstation in writing. Suspension of employment and salary up to two days.

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

For very serious faults: Suspension of employment and salary of fifteen to sixty days. Disciplinary dismissal in cases where the lack of it involves breach of contract.

ANNEX V

Temporary Hiring

The parties to this Convention agree that the use of temporary work enterprises, as well as the so-called "Associated Work Cooperatives", is not the right solution for the necessary (i) the creation of new jobs in the sector, the vocational training of workers, the improvement of productivity and the competitiveness of enterprises.

Consequently, in order to discourage these hiring formulas, the gradual and progressive substitution of this work modality for temporary hiring and for this, under the contract of the hiring (a) in Article 15 of the Staff Regulations, and without this being limited, undertakings may conclude, even where their normal business is concerned, for periods of six months which may be extended up to a maximum of three years in all categories of work referred to in this Convention.

The effects of the eventual hiring of the circumstances provided for in Article 15 of the Workers ' Statute shall be understood to be based on the temporality of this contract. Consequently, the contract of employment shall be sufficient to make explicit reference to this Article of this Convention in order to give it full effectiveness and validity.

If, within the month before the end of the three-year period, no denunciation exists of either party, the contract shall be deemed to be extended for an indefinite period.

Contracts already concluded during the year 1996 and 1997 until the date of publication of this Agreement, may be eligible for the same, in respect of their duration and conditions laid down in this Article.

Workers who have signed such a contract in accordance with this Article and who are resolved by the company after any expiration, without therefore acquiring the condition of fixed, shall be entitled to compensation in respect of 16 days per year of service from the first annual due, in so far as the first employment of the worker concerned is concerned. If the worker resigns from the post or fixed post he shall not be entitled to any compensation.

This agreement ends on 31 December 1998 and may be extended if the Joint Committee expressly agrees and unanimously after assessing that the purposes of the agreement have been fulfilled in relation to the possible deletion or decrease of the recruitment of E.T.T. and associated working cooperatives.

If there is no extension agreement, to the end of the term of this Convention, Article 15.1B of the Workers ' Statute shall apply, without amending in such a way that the maximum duration of the contracts This type can only be returned to six months. Contracts entered into before 31 December 1998 may only last until 30 June 1999.

ANNEX VI

Continuing professional training for workers

The parties to the Convention agree to encourage and encourage the continuing training of workers in the sector.

1. General considerations: The signatories agree that one of the causes of the poor situation in the labour market derives from the shift away from vocational training in relation to the real needs of labour and the labour market. lack of continuous occupational training for the updating and adaptation of the active workers to the new characteristics of the tasks of the enterprises of the sector.

Professional training is considered by the signatory parties as one more important instrument, of significant validity, which helps to achieve the necessary connection between workers ' qualifications and the requirements of the labour market. And in a broader perspective, it is a dynamic element that accompanies long-term industrial development, allows the production of higher quality products that favors the competitiveness of Spanish companies in the sector and in the field and makes possible the integral social promotion of the worker, promoting the diversification and deepening of his knowledge and skills in a permanent way.

For these purposes, the signatory parties consider it necessary:

To carry out, in itself or through specialized entities, studies of a prospective nature with respect to the future qualifications and, where appropriate, of the needs of labor in the sector.

Develop and promote the effective implementation of Article 22 of the Workers ' Statute, Article 16 (g) of this Convention, as well as the international conventions signed by Spain concerning the right to training continues, providing the necessary time for training.

Propose and execute training actions in their various modalities and levels, either in the companies or in the training centers that in the future can be constituted, as through national or international programs developed by competent bodies.

Collaborate, according to the possibilities themselves, or through specialized entities, in the diagnosis and design of specific training programs in companies, taking into account the specific specifications and needs, as well as the generic or individual characteristics of the workers concerned.

Coordinate and follow the development of training courses for students who are received by companies.

Continuously assess all actions undertaken in order to revise the guidelines to promote new activities and to update the definition of the objectives of vocational training.

2. Continuing Training Plan: In the light of previous general considerations, the parties affected by the Convention agree to establish a Professional Training Plan in the sector, which has as its basic objectives:

Recycling of workers in active employment.

Access of young people, through these training actions, to specific training within the framework of the FIP Plan and other possibilities to be created by the institutions to the signatory parties themselves.

The signatory parties will propose, together with the various administrations, the collaboration of the announced objectives.

3. Joint Committee on Continuing Training: Under the previous agreement and for the purpose of its development, a Joint Committee on Continuing Training is set up, the composition of which will be as specified in Article 34 of this Convention for the Joint interpretative committee of the Convention which may be assisted by advisers, both the administration and the signatory parties, experts in vocational training.

Among these members will be chosen those who will do the functions of President and Secretary, charges that will not be paid.

The functions of the aforementioned Training Commission will be as follows:

Prior design of the advisors, plan and manage the professional training of the sector.

Grant to the parties that make up the Commission, the courses granted by the Administration.

Propose the premises and monitors for the courses.

Draw up the selection criteria for course participants.

Ensure the smooth functioning and compliance with the requirements of the courses granted.

All those that are related to the courses awarded to this Commission.

The meetings of this Commission shall be held as many times as determined by the President, on his own initiative or at the request of any of his constituents, with an order of the day in accordance with the functions of the Commission.

The agreements will have to be adopted by the simple majority.

As a consequence of the granting of courses by the Administration and the granting that the Commission makes to each signatory institution, the expenses incurred will have to be those that the course has granted, without claiming the No budgetary increase to the largest.

If one of the signatory parties to the Training Commission leaves the same during the course of petition, grant, award and delivery of the courses, all rights of any kind shall be understood as renunciation, passing these to the rest of the signatories.

ANNEX VII

Commitment to the study of antiquity

The signatory parties agree to set up a special Commission for the study and modification of the seniority supplement within the Joint Commission.

The parties undertake to negotiate the above terms for the whole of 1997, so that if an agreement is reached on this matter before 1 January 1998, the Joint Committee will, by express agreement of the parties, (a) to agree on the extension of the present Convention for the period from 1 January to 31 December 1998, applying the wage revision provided for in Article 42.d of the same text.

This Commission will also be responsible for the study of the reduction of the annual working day and the transformation of the holidays into calendar days.

ANNEX VIII

Salary Tables and Other Remuneration Concepts for the Year 1997

based on an increase of 2 per 100 to the agreed increase (actual CPI 1997. -Art. 41.c)

Total Monthly/Total Annual

Technicians:

Top graduates/139,794/2.096,910

Media graduates/124.470/1.867.050

Untitled and Diplomatic/102,336/1.535,040

Administrative:

Head of First/102,350/1.535,250

Head of 2nd/95,671/1.435.065

First Officer/89,394/1.340.910

Second Officer/83,934/1.259.010

Auxiliary/79,759/1.196.385

Aspiring up to eighteen years/63,935/959,025

Subalters:

Storage/79,759/1.196.385

Vigilant/79,759/1.196.385

Concierge/79,759/1.196.385

Goalkeeper/79,759/1.196.385

Buttons/63,935/959.025

Personal cleaning (day)/2.655/1.208.025

Personal cleanup (time)/416

Ordinance/79,759/1.196.385

Commercial:

Seller/2,955/1.344.525

Helper/2.806/1.276.730

Delivery/2.658/1.209.390

Workers:

Charge/3.269/1.487.395

Official/2,905/1.321,775

Specialist/2.757/1.254.435

Helper/2.673/1.216.215

First and second apprentice/2.070/941,850

Multiple:

First Officer/2,955/1.344.525

Official second/2.833/1.289.015

Driver/2.955/1.344.525

Attendance pens, paid per day of work for all categories/428/116,844

1. Compensation in the event of death or invalidity due to accident:

1.1 By accident not at work.

1.1.1 Death: 1.658.356 pesetas.

1.1.2 Invalidity: 1,618,434 pesetas.

1.2 By Job Accident:

1.2.1 Death: 2.211,860 pesetas.

1.2.2 Invalidity: 2.211.860 pesetas.

2. Amount of allowances:

For breakfast: 407 pesetas.

For food: 1,354 pesetas.

For dinner: 1,354 pesetas.

To sleep: 2,976 pesetas.

3. Grant in case of retirement or death: 8,051 pesetas per year of service.

4. Currency break:

Cashier: 2,702 pesetas.

Rest: 1,931 pesetas.