Having regard to the text of the 11th General Collective Agreement of the Chemical Industry (code number 9904235), which was signed on 23 April 1997, on the one hand, by the Spanish Chemical Industry Business Federation (FEIQUE), on behalf of the companies in the sector, and on the other, by the trade unions FITEQA-CC.OO. and FIA-UGT, representing the working group concerned, and in accordance with the provisions of Article 90 (2) and (3) of the Royal Decree Legislative 1/1995, of 24 March, approving the recast of the Law of the Statute of the European Workers, and Royal Decree 1040/1981, of 22 May, on the registration and deposit of Collective Labour Conventions,

This Work General Address agrees:

First. -Order the registration of the said 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 2, 1997. -Director General, Soledad Cordova Garrido.

XI GENERAL CONVENTION OF THE CHEMICAL INDUSTRY

CHAPTER I

Scope

Article 1. Functional scope.

This Convention regulates working conditions between companies and workers in the sub-sectors of the Chemical Industry which are listed below:

Acids, alkalis and salts; metalloids, industrial gases; electrochemistry.

Fertilizers.

Pesticides.

Petrochemicals and derivatives.

Carbochemistry and derivatives.

Rubber and derivatives: Raw and processed materials.

Organic acids and derivatives.

Alcohols and derivatives.

Distillation of tarts; asphalts and waterproofing derivatives.

Carbohydrates.

Adhesives.

Algae derivatives.

Distillation of natural resins and derivatives.

Plastics: Raw materials and processed.

Explosive materials, gunpowder, matches and pyrotechnics.

Curtients.

Colorants.

Pigments.

Oils and industrial fats and derivatives.

Pharmaceuticals.

Animal health products.

Paints, inks, varnishes and related.

Waxes, paraffins and derivatives.

Sensitive photographic material and industrial development.

Wholesalers of chemicals whose activity is not strictly commercial but derived from another principal of a chemical nature.

Fries, enamels and ceramic colors.

Surfactant raw materials.

Household Detergents.

Detergents for use in collectivities and industries.

Conservation and cleaning products.

Legies.

Imitation (artificial) pearls.

Garrofin gum.

Also, the scope of this Convention includes those companies and all their workplaces which, without being explicitly included in the previous relationship, have as their main activity the Chemical Industry according to the business unit principle.

Exceptionally, the companies that, belonging to some subsector not included in the previous relationship, are affiliated with this Convention, are affiliated to some territorial or sectorial organization affiliated to FEIQUE. In any case, companies engaged in oil refining activities will be excluded.

This Convention shall not apply to undertakings and workers which, within their functional scope, are governed by a Business Agreement, without prejudice to the following.

Trade union and employer representations express their willingness to make this Convention an effective reference for establishing industrial relations in the entire Chemical Industry. To this end, they will propose that the companies with their own Convention refer to this general convention in matters regulated here, as well as in the quality of the right to supply. They will also stimulate the accession of these Conventions through the agreements concluded in the framework of their respective areas, the representations of the workers and the employers.

A copy of these accession pacts shall be forwarded to the Joint Committee. The implementation of this Convention in the accession pacts may be monitored and interpreted by the Joint Committee.

Article 2. Territorial scope.

This Convention will be applicable throughout the Spanish territory.

Article 3. Personal scope.

The present working conditions will affect all staff employed in the companies included in the above areas, except those who are in the position of directors in companies that review the legal form of society, or senior management or senior management in the company.

Article 4. Temporary scope.

This Convention shall enter into force on the basis of its publication in the Official Gazette of the State, and in any event within 15 days of the date of its signature. Its duration will be until 31 December 1998.

The economic effects will be rolled back to 1 January 1997 and 1 January 1998 for the second year of validity.

The signatory parties undertake to initiate the negotiation of the new Convention three months before the end of its term.

Article 5. Linking to the whole.

The agreed conditions form a whole organic and indivisible and, for the purposes of their practical application, will be considered globally.

Article 6. Personal guarantees.

The working conditions which are higher than those laid down in this Convention, considered as a whole and on an annual basis, shall be respected individually.

CHAPTER II

Organization of the job

Article 7. Powers of the Directorate of the Company and the representatives of the employees.

The organization of work, as prescribed in this Convention and in the legislation in force, is the faculty and responsibility of the company's management.

The purpose of the organization of work is to achieve an adequate level of productivity in the company based on the optimal use of human and material resources. This is possible with an active and responsible attitude of the members: Directorate and workers.

Without the right referred to in the first paragraph, the employees ' representatives shall have the functions of guidance, proposal, issuance of reports, etc., in relation to the organization and rationalization of the work, in accordance with the legislation in force and in accordance with the provisions of this Convention and what is agreed upon in each undertaking and/or development work centre.

Article 8. Content of the organization.

The organization of the job will be extended to the following issues:

1.o The requirement for normal activity.

2.o The award of the necessary elements (machines or specific tasks) so that the worker can reach at least the activities referred to in the previous issue.

3.o Fixing both the "waste indices" and the acceptable quality, throughout the manufacturing process concerned.

4.The monitoring, attention and cleaning of the machinery entrusted, taking into account, in any case, in the determination of the quantity of work and activity to normal performance.

5.o The implementation, during the period of work organization, of modifications of methods, tariff, distribution of personnel, change of functions and technical variations of machines and material, especially when, with respect to these last, be to obtain and search for a comparative study.

6.o The adaptation of workloads, performance and tariffs to new conditions that result from the change of a given operative method, manufacturing process, change of matter, machinery or any other the technical condition of the process concerned.

7.o The fixing of clear and simple formulas for obtaining the remuneration calculations which correspond to each and every worker concerned, in a way and in a manner which, whatever the professional group of the and the job they occupy, they can easily understand them.

Article 9. Procedure for the implementation of a new system of returns.

For the implementation of a new system of yields based on premium or incentives, fixing the normal and optimal activity and changing the working methods, we will proceed as follows:

1. The company's management must inform in advance of the new system which is intended to be put in place to the business committee or staff delegate and to the trade union delegates, if any, or representatives of the trade union sections.

2. In the event that there is no agreement between the Directorate and the representatives of the employees, in relation to the implementation of a new system of organisation of work, both parties may request the Commission's mediation. (a) mixed or resorting to an external arbitration through the same. To this end, all the provisions of Chapter XVII of the Convention shall apply.

3. In the absence of the required agreement or the request for external arbitration, the implementation of the new system of performance or work will be the right and decision of the company's management, regardless of the judicial actions that the parties concerned, if they were to interpret the amendments as having injured their contractual rights.

Article 10. New technologies.

When new technologies are introduced in a company that can be expected for workers to substantially change working conditions, or a period of training or technical adaptation not less than one month, they must be communicate the same to the representatives of the employees within a sufficient period of time in order to be able to analyse and predict their consequences in relation to employment, occupational health, training and organisation of work. The workers concerned must also be provided with the necessary training for the development of their new role.

CHAPTER III

Revenue, hiring, template and escalations, promotions and cesses

SECTION 1.a

Article 11. Revenue.

The income of the workers will be adjusted to the general legal rules on placement and the special rules for workers over forty-five years, disabled, etc.

They shall have the right to enter, on equal merits, those who have performed or perform functions in the undertaking, on an eventual, interim basis, with a contract for a given time, a part-time contract or Contract in apprenticeship and traineeship.

In each workplace or company the Directorate will communicate to the representatives of the workers the position or jobs that it is intended to cover, the conditions to be met by the applicants, the selection tests make and the documentation to be provided by the applicants. The representatives of the employees, who may issue a report on the subject, shall ensure that they are applied objectively, as well as by the non-discrimination of women in entry into the workforce.

Article 12. Test period.

The income of the workers shall be considered as a test, the period of which shall be variable according to the nature of the posts to be covered and which shall in no case exceed the time fixed at the following scale:

Professional groups 8 and 7, six months.

Professional groups 6 and 5, four months.

Professional groups 4 and 3, three months.

Professional group 2, two months.

Professional group 1, one month.

Only the worker is understood to be subject to the probationary period if it is written in this way. During the trial period, the company and the worker may freely resolve the contract without notice and without the right to compensation.

When the worker who finds himself performing the probationary period does not exceed it, the company's management will be obliged to communicate it to the workers ' representatives.

After the test period, workers will enter the workforce with all the rights inherent in their contract and the collective agreement. The temporary incapacity situation will interrupt the computation of this period, which will resume from the date of effective incorporation into the work.

The training courses given by the companies will be considered for all purposes as the time of the trial period.

SECTION 2.a

Article 13. Recruitment.

By reason of the characteristics of the service in the company, the workers are classified in: Fixed, contracted for certain time, eventual, interim and contracted part time, in learning and practical. In addition, any type of employment contract may be concluded, the modality of which is included in the labour law in force at any time.

Labor relations will, as a priority, be of an indefinite nature.

The various procurement modalities must be effectively matched to the legal or conventionally established purpose. Otherwise, such contracts in law fraud will become considered as indefinite to all intents and purposes.

13.1 fixed-term contracts. -Workers hired for a given time will have the same rights and equal treatment in employment relationships as other employees of the workforce, except for the limitations of the which are derived from the nature and duration of his contract.

Contracts of duration determined by market circumstances, accumulation of tasks or excess orders, may have a maximum duration of nine months within a period of twelve months, counted from the time when the causes are produced.

13.2 Interinage contracts.-In the case of contracts of interinity, where the duration of the contract is more than two years, except in the case of a special leave of absence, the worker shall receive an allowance of 20 days per year or fraction.

In these contracts, the worker/is expressly indicated, jobs and circumstances that are the subject of interinage. 13.3 Part-time contracts. -Part-time contract workers shall have the same rights and equal treatment in employment relationships as other employees of the workforce, except for the limitations arising from the nature and duration of his contract. Part-time contract workers will enjoy the supply of dining, transport, etc., in the same way as the rest of the staff, being able to be compensated in cash.

13.4 Relay Contracts. -In those companies in which the circumstances permitting the contract of relief provided for in Law 32/1984 of 2 August are produced, they will be obliged to complete the formalities necessary for the performance of the relevant relief contract, provided that the worker concerned so requests.

The contract of relief will be governed, in terms of its formalities and requirements, by the provisions of the legislation in force (Royal Decree 1991/1984, of 31 October).

13.5 Learning Contracts. -Learning contracts formalized in accordance with the law in force, and the General Convention of the Chemical Industry, will be aimed at promoting professional training and training in the work of groups 3 and 4, and, exceptionally, in those positions of group 2 which, by their very nature, require certain knowledge and experience.

13.6 Work or service contracts. In order to enhance the use by companies of the chemical sector of the procurement procedures provided for by the Law, and to avoid the maximum use of forms of external contracting undertakings, in particular temporary employment undertakings, agree to create a particular contract of work or service, as provided for in Article 15.1 of the Staff Regulations, as amended by Law 11/1994 of 19 May.

Such contracts may cover all those tasks or works sufficiently differentiated by the additional volume of work they represent, which are limited in time and which can be expected to last, be direct or collateral related to the production process of the company. Prior to the use of this contractual modality, the company shall give an account to the representatives of the workers of the cause covered by the contract and the working conditions thereof, specifying the number of workers affected, professional groups to be assigned and expected duration. This inclusion in this Convention may in no way be construed as a limitation to the contractual modality provided for in Article 15.1.a) of the Staff Regulations.

Article 14. Pluriemployment.

The signatories to this Convention consider it appropriate to eradicate pluriemployment as a general rule.

in the light of the above, and in order to contribute to the objective of controlling pluriemployment, the exact fulfilment of the requirement to make known for examination to workers ' representatives, the newsletters to the labour market, is considered essential. Social security, and documents relating to the termination of the employment relationship, as provided for in Article 64.1.5 of the Staff Regulations.

In this sense, companies will not be able to take jobs to multiple employees who are engaged in full-time employment in another company. If they may do so, however, where such recruitment takes place in part-time working days, provided that they do not exceed the ordinary working day as a whole.

SECTION 3.a

Article 15. Template.

In the last quarter of each year companies and workers ' representatives will analyze the evolution of the workforce during the year, as well as the activities and productions developed, its distribution throughout the year and the various forms of contracting and subcontracting used in each of them, together with the extraordinary hours.

On the basis of this, the companies will set the forecasts and targets for the following year in relation to the production and sales objectives, their expected evolution over the course of the year, the market situation, the investments to be made, technological innovations, training and promotion plans, possible projects for the rejuvenation of templates, etc. Such forecasts and objectives shall be submitted in writing to the representatives of the employees, who shall make their views known.

Template balances and forecasts and their relationship to the activities of the company shall be broken down by breakdown of the employees by functional organic divisions and professional groups, indicating the corresponding contractual arrangements.

Quarterly will examine the evolution of the forecast forecasts, as well as the projects for the next trimester, detailing the new contracts to be made, the modalities of hiring to use, as well as the assumptions subcontracting.

Without prejudice to the promotion of existing personnel by way of promotion, companies will be able to write down the vacancies that occur. The representatives of the employees shall be informed in advance of the cancellation of the vacancies, if any, for the appropriate purposes.

Article 16. Temporary work enterprises.

Making contracts concluded with temporary work companies will serve to cover occasional activities in accordance with the legal and conventionally established.

The performance of activities and works that are particularly dangerous for the safety or health of workers, which are regulated and concretized in the company, cannot be covered by ETT. In such cases, contracts may be used for a particular duration or sub-contracting of specialised firms, in any event the necessary prior training.

Companies will make known to the employees ' representatives the contracts for making available and the employment contracts of the workers concerned within the maximum period of ten days, so that they can carry out the functions of protection of the working conditions, training and occupational health of the workers of the ETT, understanding for protection the right to present through representatives of the workers of the user company claims in relation with the conditions for the execution of the work activity.

As from the entry into force of this Convention, chemical companies which, as users, occupy ETT workers, are obliged to ensure that the contract is made available to them at least in the Ordinary day and for normal business and as referred to in Article 30, the minimum guaranteed wages of the Professional Group corresponding to the activity they carry out.

Article 17. Positive action.

In order to contribute effectively to the application of the principle of non-discrimination and to its development under the concepts of equal conditions in work of equal value, it is necessary to develop a positive action in particular in the conditions for recruitment, training and promotion, in such a way that, on an equal basis, the persons of the least-represented gender in the professional group concerned shall be given preference.

Article 18. Promotions.

Promotions will be subject to the following regime:

1. The promotion of workers to tasks or jobs that involve command or trust, such as those carried out by the Contramaestres, Capataces, Head of Organization, Head of Data Processing, Head of Operation, Head of Administration, Head of Sales, Propaganda and/or Advertising, as well as the Inspector, Delegate, Conserje, Cobrador and Guardian, will be free to be appointed by the company.

2. For the promotion of the rest of the workers, the companies will establish a concourse based on a system of objective character, taking as reference the following circumstances: appropriate Titulation, academic appraisal, knowledge of the job, professional history, having played a role of superior professional group and successfully overcoming the tests that are established.

In relation to the promotion, account shall be taken of the provisions of Article 17.

The system of valuation made by the Directorate will be preceptively ruled by the workers ' representatives. In the event that there was a disagreement as to how the representatives of the workers who the system lacks objectivity, in a joint meeting, both sides will try to negotiate a agreed solution. If it is materially impossible to reach the agreement, the workers will be left open to the Labour Inspectorate.

For the purpose of ensuring the participation of workers ' representatives in the procedures through which promotions are produced, they will appoint two representatives who will participate in the -opposition, with voice and no vote. They shall also record in the minutes their caveats.

The application of this article will respect the equal right of all workers to the promotion, without any discrimination based on age or sex.

Article 19. Cesses volunteers.

Workers who wish to cease voluntarily in the service of the company will be obliged to put it to the company's knowledge, complying with the following periods of notice:

Professional groups 7 and 8, two months.

Professional groups 4, 5 and 6, one month. Within the professional group 4, workers belonging to the functional organic production and maintenance divisions will be obliged to bring it to the attention within a period of 15 days.

Professional groups 1, 2 and 3, 15 days. The failure by the workers to comply with the obligation to pre-notify them in advance shall entitle the undertaking to discount the amount of the salary of one day for each day of delay in the notice.

The company will be obliged to liquidate at the end of the term the fixed concepts that can be calculated at such a time. Failure to comply with this obligation attributable to the undertaking shall entail the right of the worker to be compensated with the amount of one day for each day of delay in the settlement, with the limit of days of notice. There will be no such obligation and, therefore, this right is not born if the worker did not notice in advance.

CHAPTER IV

Professional classification. Functional and geographic mobility

SECTION 1.a

Article 20. Functional classification.

The workers affected by this Convention, in consideration of the functions they perform and in accordance with the definitions specified in the following article, shall be classified in professional groups.

This professional structure aims to obtain a more reasonable productive structure, all without merit of the dignity, opportunity of promotion and just retribution that corresponds to every worker. The present positions and tasks shall be in accordance with the groups laid down in this Convention.

Article 21. Definition of professional groups.

This article defines the professional groups that group the various tasks and functions that are performed in the Chemical Industry, within the functional organic divisions in which the same is broken down.

Such functional organic divisions are:

a) Production.

b) Maintenance.

c) Services.

d) Research and laboratories.

e) Administration and computing.

f) Commercial.

Defining the factors that influence the determination of membership of a given professional group.

I. Knowledge. -Factor for whose elaboration is taken into account, in addition to the basic training necessary to be able to correctly fulfill the task, the degree of knowledge and experience acquired, as well as the difficulty in the acquisition of such knowledge or experience.

This factor can be divided into two subfacets:

a) Training: This subfactor considers the minimum initial level of theoretical knowledge that a person of average capacity must possess in order to successfully perform the functions of the job after a period of practical training. This factor will also have to consider the requirements of specialized knowledge, languages, computer science, etc.

b) Experience: This subfactor determines the length of time required for a person of average capacity, and possessing the training specified above, to acquire the skill and practice required to perform the position, obtaining sufficient performance in quantity and quality.

II. Initiative/autonomy. -Factor in which the greater or lesser dependence on guidelines or norms is taken into account and the greater or lesser subordination in the performance of the function that is developed. This factor includes both the need to identify problems and to improvise solutions to them.

Must be considered:

(a) Reference framework: assessment of the limitations that may exist in the post regarding access to persons with superior liability in the company's establishment plan, the existence of written or manual rules procedure.

b) Making the decision: Understanding as such the responsibility of the position of determining the possible solutions and choosing the one that is considered most appropriate.

III. Complexity. -Factor whose valuation is based on the largest or smaller number, as well as the greater or lesser degree of integration of the remaining factors listed in the task or given.

a) Difficulty at work: This subfactor considers the complexity of the task to be developed and the frequency of possible incidences.

b) Special Skills: This subfactor determines the skills required for certain jobs, such as physical effort, manual dexterity, good vision, etc., and their frequency during the workday.

c) Working environment: This sub-factor appreciates the circumstances under which the work is to be done, and the extent to which these conditions make the work unpleasant.

Not included in this sub-factor are the circumstances regarding the mode of work (night, shift, etc.).

IV. Responsibility. -Factor in which the degree of autonomy of action of the holder of the function and the degree of influence on the results and importance of the consequences of the management are taken into account.

This factor comprises the subfactors:

a) Responsibility for management and results: This sub-factor considers the responsibility assumed by the occupant of the post on the errors that may occur. Not only the direct consequences are valued, but also their possible impact on the company's progress. In this sense, it is important not to take extreme values, but rather a logical and normal average. To assess correctly, it is necessary to take into account the degree to which the work is supervised or subsequently checked.

b) Interrelation capacity: This sub-factor appreciates the responsibility assumed by the occupant of the post on official contacts with other persons, inside and outside the company. It is considered the personality and skill necessary to achieve the desired results, and the form and frequency of the contacts.

V. Command. -It is the set of tasks of planning, organization, control and direction of the activities of others, assigned by the management of the company, that require the necessary knowledge to understand, to motivate and to develop which are hierarchically dependent on the post. To be assessed, account should be taken of:

a) Task ordering capability.

b) Nature of the collective.

(c) Number of persons on whom the command is exercised.

Professional Group 0-General criteria: Workers belonging to this group plan, organize, direct, coordinate and control the activities of the company.

Their roles are aimed at the establishment of policies aimed at the effective utilization of human and material resources, assuming responsibility for achieving the planned objectives, making decisions (or They are involved in their preparation) which affect fundamental aspects of the business of the company, and they play managerial positions in the divisions, departments, factories, plants, etc.

Professional Group 1. -General criteria: Operations that are executed according to specific instructions, clearly established, with a high degree of dependence, that require preferably physical effort and/or attention and that need for specific training.

Training: Knowledge at the elementary level of training.

Examples: This professional group includes all those activities that, by analogy, are comparable to the following:

Manual activities in conditioning and/or packaging.

Elementary operations of simple machines, such as those that do not require specific training and knowledge.

Manual loading and unloading operations or with the help of simple mechanical elements.

Cleaning operations.

Tasks that consist of recesses, assignments, manual transportation, carrying, or collecting correspondence.

Etcetera.

For the plastic subsector:

a) Injection/thermoforming (vacuum) /blown extrusion:

Hopper loading and cleaning jobs.

Packaging and part count jobs.

b) Calandrates:

Cleaning and auxiliary jobs.

c) Extrusion:

Cleaning jobs.

Load of hoppers.

d) Other jobs:

Cleaning and auxiliary jobs.

For the rubber subsector:

Pickup of guillotine irons.

Cleaning and auxiliary jobs.

Professional Group 2. -General criteria: Functions consisting of operations carried out following a precise and concrete working method, with a high degree of supervision, which normally require professional knowledge of elementary character.

Training: The basic training required is the equivalent of a School Graduate.

Examples: This professional group includes all those activities that, by analogy, are comparable to the following:

Help activities in the processing of products.

Operating activities in conditioning and/or packaging with regulation and tuning.

Auxiliary tasks in kitchen and dining room.

Tasks of masonry, carpentry, electricity, mechanics, painting, etc., of workers who start in the practice of the same.

Elementary work in the laboratory.

Surveillance of buildings and premises without special requirements or weapons.

Receive functions that do not require special qualification or language knowledge.

Reprogram Jobs.

Simple and routine typing, archiving, calculation, billing, or similar jobs.

Packing and Labeled of Expeditions.

Etcetera.

For the plastic subsector:

a) Injection/thermoforming (vacuum) /blown extrusion:

Verification work of the manufactured parts, review of the parts, and trim of burrs.

b) Calandrates:

Verification, cutting, and packing work.

c) Extrusion:

Packaging and marking work with verification.

Abocarbon work and simple cutting.

d) Other jobs:

Specific cleaning on machines and perolas.

Molinero/a.

For the rubber subsector:

Pesator/a rubbers and loads (scale).

Cooler/a that does not incorporate accelerants.

Feeder/a calander and extruder.

Operator/a kraker.

Troquelator/a.

Assistant/presses.

Granker/a.

Molinero/a.

Helper/Cylinder.

Handling simple machines such as polishing machines.

Polishing and finishing of parts, painting and cleaning of moulds.

Verification work of the manufactured parts, review of the parts, and trim of burrs.

Professional Group 3. -General criteria: Functions consistent with the execution of operations that, even when performed under precise instructions, require adequate professional knowledge and practical skills, and whose responsibility is limited by direct and systematic supervision.

Training: The basic training required is the equivalent of a School Graduate, completed professionally by a specific training of this character or by the professional experience.

Examples: This professional group includes all those activities that, by analogy, are comparable to the following:

The operation of packaging and/or conditioning machines.

Masonry, electricity, carpentry, painting, mechanical, etc., with sufficient capacity to perform the normal tasks of the trade. File, record, calculation, billing, or similar tasks that require some degree of initiative.

Sworn or armed surveillance.

Operator/telephone and receptionist, no foreign language domain.

Operator/telex-fax.

Vehicle drivers with class B. permission

Telephone-receptionist with no foreign language domain.

Payment and home charging functions.

Write tasks on data collection machines.

Reading, logging, monitoring and regulatory tasks under detailed instructions on industrial processes or the supply of general manufacturing services.

typing work, with good speed and careful presentation, that can be implied by the writing of correspondence according to specific format or instructions.

Help tasks in warehouses that, in addition to loading and unloading tasks, involve other complementary ones.

Transport and palletizing tasks, performed with mechanical elements.

Floor-line work.

Performing simple and routine analysis of easy checking and sampling functions and sample preparation for analysis.

Etcetera.

For the plastic subsector:

a) Injection/thermoforming (vacuum) /blown extrusion:

Machinery or machine responsible for injecting, injection control, temperature, machine regulation, mold cleaning, etc.

b) Calandrates:

Second driver of calandra, which performs temperature controls, raw materials, etc., according to the instructions of the machine responsible.

c) Extrusion:

Responsible or machinist for one or more machines that, with help or not from other people, perform the entire process.

d) Other jobs:

Mixing work with dosage and preparation of formulas.

For the rubber subsector:

Pesator/accelerant (scale).

Laminator/a (pull-to-measure, including accelerants).

Cylinder and/or Bamburi mixing operations.

Prensistas, injectors, and extruders.

Laminator/plates.

Preformers.

Manipulation of simple calendars.

Verifier/a and Metrologue/a.

Professional Group 4. -General criteria: Autonomous implementation works that require, usually, initiative and reasoning on the part of the workers responsible for their execution, behaving under supervision, the responsibility of the same, being able to be helped by another or other workers.

Training: Basic training, equivalent to BUP or Basic General Education, complemented by specific vocational training.

Examples: This professional group includes all those activities that, by analogy, are similar to the following:

Operator/computer.

Taquimecanographer/a, which reaches 100 words per minute of shorthand and 240 pulsations in machine, with good work presentation and correct spelling, able to write directly from the processing mail according to verbal indications.

Drafting of commercial correspondence, calculation of prices in the view of offers received, receipt and processing of order and making proposals for defence.

Tasks that consist of establishing, based on accounting documents, a portion of the accounting.

Calculation of salaries and valuation of personnel costs.

Tasks of physical, chemical and biological analysis and laboratory determinations carried out under supervision without the need to always indicate standards and specifications, in addition to the care of the devices and their approval, preparation of necessary reagents, obtaining of samples and extension of certificates and bulletins.

Masonry, carpentry, electricity, painting, mechanics, etc., with training at the highest level, which allows to solve all the requirements of your specialty.

Order fulfillment, merchandise review, and distribution tasks with records in books or machines to the effect of daily movement.

Outline tasks.

Driving or driving with delivery, with driving licence of class C, D or E, understanding that they can combine the activity of driving with the distribution of goods.

Control and throttling functions in production processes that generate product transformation.

Regulatory and control tasks that are performed interchangeably in different phases and sectors of the process.

Vendors without specialization.

Activities of industrial trades, with sufficient training to perform each and every one of the tasks of an industrial office and to advocate its execution, with full and complete practice of its task, with help or not of other posts and indication of the operations to be carried out by the latter.

Etcetera.

For the plastic subsector:

a) Injection/thermoforming (vacuum)/blown extrusion: A machine that performs the work of group 3, but is also responsible for the assembly and disassembly of the moulds as well as for its verification and commissioning.

b) Calandrados: Responsible for the machine, as well as for its tuning and the machine's personnel.

c) Extrusion: A machine that performs the work of group 3, but is also responsible for the assembly and disassembly of nozzles, combs or rows of nozzles, as well as for their verification and commissioning.

d) Other jobs:

Mixing work with dosage and correction of formulas.

Formulation of formulation tests.

Resolution and color correction, on existing formula.

For the rubber subsector:

Calandrist responsible for calandra with axis crosses and in general precision.

Prensist responsible for presses of equal to or more than 1,000 tons.

Professional Group 5. -General criteria: This group includes performing the functions of integrating, coordinating and supervising the execution of several homogeneous tasks with the responsibility of ordering the work of a set of collaborators.

It also includes the realization of tasks that, even without involving work organization, have a medium content of intellectual activity and human relations.

Training: Knowledge equivalent to those acquired in BUP, completed with an experience or professional qualification at the top level or by the specific studies necessary to develop its function.

Examples: This professional group includes all those activities that, by analogy, are similar to the following:

Tasks consisting of the direct command exercise at the head of a set of operators of the so-called classical trades (masonry, carpentry, painting, electricity, mechanics, etc.).

Translation tasks, correspondent, taquimecanography and telephone with foreign language proficiency.

Computer programmer.

Accounting tasks consisting of gathering the items supplied by the helpers and drawing up states, balance sheets, costs, treasury provisions and other similar works, on the basis of the company's accounting plan.

Tasks that involve the responsibility of surveillance and enforcement of the media and security measures.

Project development and development tasks according to instructions.

Responsibility for the monitoring, according to general specifications received, of the practical execution of the analysis tasks in a set of laboratories.

Activities involving the responsibility of a shift or a production unit that may be seconded by one or more workers of the lower professional group.

Specialized Vendors.

Etcetera.

Professional Group 6. -General criteria: Functions that consist of integrating, coordinating, and monitoring the execution of heterogeneous tasks with the responsibility of ordering the work of a set of collaborators.

It also includes performing complex, but homogeneous tasks that, even without involving command, require high intellectual content, as well as those that consist of establishing or developing programs or applying techniques general instructions.

Training: Knowledge equivalent to medium-grade academic training, completed with a period of practice or experience acquired in similar work.

Examples: This professional group includes all those activities that, by analogy, are similar to the following:

Performing technical functions at the academic level, which consist of collaborating in research, quality control, studies, surveillance or control in industrial processes or in professional or scientific services advice.

Computing applications analysts.

Responsibility for ordering and monitoring the execution of production, maintenance, service, or administration tasks or all of them in a small-scale enterprise.

Responsibility for the execution of tasks in a unit of production, maintenance, or services or of the tasks that are developed in the set of tasks in a small-scale enterprise.

Responsibility for a homogeneous unit of an administrative nature or the set of administrative services of a company whose administration does not require, due to its dimension of organic subdivisions.

Inspectors or monitors in the sales network.

Etcetera.

Professional Group 7. -General criteria: They include the functions that consist in the realization of complex activities with defined objectives and with high degree of demand in the factors of autonomy and responsibility, direct normally a set of functions which involve a specialised technical or professional activity.

Training: Equivalent to upper or middle grade academic qualifications completed with extensive professional experience.

Examples: This professional group includes all those activities that, by analogy, are similar to the following:

Performing functions that involve research or control tasks with training to study and solve the problems that arise.

Technical responsibility of a laboratory or the set of several laboratories of medium-sized enterprises.

Technical monitoring of a manufacturing process or section or of the entire process in medium-sized enterprises.

Technical monitoring of a group of services or of all the same and even all technical processes in medium-sized enterprises.

Coordination, monitoring and management of heterogeneous administrative work or the set of administrative activities in medium-sized enterprises.

Responsibility for the operation of a computer or the set of data processing services in medium-sized units.

Analysis of computer systems.

Delegate/to the sales network.

Etcetera.

Professional Group 8. -General criteria: This group includes those positions that require a high degree of autonomy, professional knowledge and responsibilities that are exercised over one or more sectors of the company, on the basis of broad broad guidelines, which should give an account of their management to one of the persons listed in Group 0.

Training: Equitable to higher academic levels completed with specific studies and extensive professional experience.

Examples: This professional group includes all those activities that, by analogy, are similar to the following:

The functions that are consistent with scheduling, sorting, and monitoring services.

The consistent and monitoring systems, processes, and work circuits.

The development of high-level management and research tasks with programming, development and accountability for results.

The responsibility for the control, planning, programming and development of the set of computing tasks.

Etcetera.

Article 22. Mode of operation for the new professional classification in those undertakings which have not previously carried out the classification of this Convention.

Due to the collective implications of the new professional structure, and the need for the maximum possible agreement in the application of this new classification, for those companies that have not yet performed, the following mode of operation is set:

(a) Negotiating between the company and the workers ' representatives shall be carried out.

b) In the case of an agreement, it will be agreed.

c) If there is no agreement, the parties may submit jointly to the mediation or arbitration of the Joint Commission.

d) The Joint Committee may also be consulted to issue the relevant opinion, which will not be binding.

e) Where workers ' representatives do not exist, they may directly go to the Joint Committee.

In order to resolve the proposed mediation or to respond to the query formulated, the business and/or trade union organizations represented in the Joint Commission may examine in the company in question the characteristics of the activity object of disagreement or consultation.

After the interpretation of the Joint Commission is known, the company's management will apply the new professional classification, leaving the relevant court open for any complaint.

In any case, the negotiation does not imply the need for mutual agreement at the level of company between the representatives of the workers and the management for the establishment of the new professional classification, because it is not forget that in the conflicts on professional classification it will be the worker or workers affected who would have to accept or not their new professional classification.

A deadline of 31 December 1997 is set for all companies within the scope of this Convention to have the professional classification established in accordance with it.

Unless otherwise agreed with the workers ' representatives, or, in the absence of such a pact, agreement of the Joint Committee of its field, the undertakings in which the system of professional groups would not have been implemented when entering into This Convention may not make use of the percentage reserve provided for in Article 32, except in the amount necessary for new antiquities calculated in accordance with the provisions of Article 37 of the Convention, in any event, in knowledge of the Joint Committee.

Individual guarantee: In order to prevent any kind of discrimination from changing from one system to another, to all those workers who come together in a situation of lower or higher positions assessment, for the purposes of the organisation of the work, shall be included in the same professional group in which the other workers who perform the duties or functions performed before the present change are included.

Article 23. Procedure for the adequacy of the professional classification and compulsory model of consultations.

The adequacy of the current professional classification in the company will be examined annually to the modifications produced as a result of technological evolution or organization of work. In the event of disagreement between the company and the workers ' representatives, it shall be as indicated in the previous article.

The consultations on the professional classification, issued to the Joint Committee, shall be in accordance with the model set out in Annex 2.

SECTION 2.a

Article 24. Functional mobility.

A functional mobility can be performed on the

within the professional groups, when this does not involve transfer of locality. They shall exercise limit for the same requirement of suitability and fitness necessary for the performance of the tasks entrusted to that worker.

For the purposes of this article, it will be understood that the required suitability exists when the capacity for the performance of the new task is detached from the previously realized or the worker has the level of training or experience required. In the absence of the above requirements, the company must provide the training worker with the above training.

Workers subject to such mobility will be guaranteed their economic and professional rights, according to the law.

Workers ' representatives, if any, may obtain information on the decisions taken by the company's management in respect of functional mobility, as well as the justification and cause thereof, The companies are obliged to provide it.

Article 25. Work of a different professional group.

In case of need, the company may direct the workers to carry out work from a different professional group to their own, reintegrating the worker to their old position when the cause of the change ceases.

In the case of a higher group, this change shall not be longer than six months uninterrupted, except in cases of replacement by military service, sickness, accident at work, licences, special leave and other similar causes, in which case it shall be prolonged as long as the circumstances in which the case has been made subsist.

After the six months, with the exceptions pointed out, there will be a convoke contest in the terms of Article 17. The remuneration, as a result of the work of a higher group, will be the same.

In the case of a lower group, this situation may not be prolonged for longer than two months uninterrupted. However, this period may be extended if it is expressly agreed between the undertaking and the representatives of the employees on the basis of exceptional reasons and with the provision of measures to resolve the problem raised. In any event, the worker shall retain the remuneration corresponding to his/her group of origin, unless the change took place at the request of the worker, in which case his/her salary would be conditional on the new professional group. In no case, the change of group may imply the detriment of human dignity. You will avoid repeating the lower group job with the same worker.

In the case of workers who are forced to be forced into a lower professional group, by excess of staff, they must be reintegrated into the group of origin as soon as they become vacant.

Workers paid for weaning or premiums involving the collection of special allowances for remuneration may not be attached to other work of a different scheme, except where they measure causes of force majeure or technical requirements of the holding would require it.

SECTION 3.a

Article 26. Transfers.

Transfers of personnel involving change of household address for the affected person may be effected: At the request of the person concerned, by agreement between the company and the worker, for the needs of the service and for permuse.

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

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

3. Where the needs of the work justify it, and after informing the representatives of the employees, the undertaking may carry out the transfer, even if it does not reach an agreement with the worker, provided that all the workers are guaranteed the rights it has acquired, as well as any other rights that may be established in the future. In any event, unless the company has established by a generic or specific agreement with the workers ' representatives a different compensation system, the transfer shall, on the basis of justification, receive the amount of the following: expenditure: Locomotion of the person concerned and his or her family members who live with him, the transport of furniture, clothing and goods, and a cash allowance equal to two months of real wages. The companies will be obliged to provide the transfer of the aid necessary to enable them to obtain access to the housing of similar characteristics to which they are holding and, where appropriate, the company will pay the difference in income if the (i) in relation to which the worker was satisfied.

Notified of the decision of the shipment, if the worker opts for the termination of the contract will be within the provisions of the legislation in force.

Without prejudice to the enforceability of the transfer, the worker who has not opted for the termination of his contract will be displeased with the business decision, may challenge it before the competent jurisdiction.

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

Article 27. Transfer of the work centre.

In the event that the company intends to move the center to another locality, and without prejudice to the provisions in force in this matter, it will be obliged to communicate it to the staff three months in advance, except for cases of force majeure.

The following ends must be detailed in that warning:

a) Place where the factory is planned to move.

b) Housing possibilities in the new locality and rental or property conditions.

The affected worker will have a maximum of one month to accept or raise objections to the transfer proposal. In any event, the staff shall be entitled to receive the compensation laid down in the previous Article.

If any worker had incurred justified expenses on the occasion of the shipment and the transfer would not take effect for the company, he would have the right to be compensated for the damages caused.

CHAPTER V

Pay Policy

Article 28. Remuneration system.

The remuneration of the staff included in this agreement shall be made up of the base salary and the allowances thereof.

The base salary is the SMG of each professional group. To this end, the necessary absorption of the Plus Convention may be carried out. The amounts exceeding that SMG, if any, shall be Plus Convention up to a limit, unless otherwise agreed, of 35 per 100 of the corresponding SMG, so that the Plus Convention expresses general terms of remuneration for all workers from the same professional group.

Any amount that is perceived in ordinary day and normal activity, other than these two concepts (SMG and Plus Convention) and the pluses of seniority, turnicity, nocturnity, dangerousness and toxicity, complement of post of (i) work shall be the personal complement of the worker, an integral part of all the effects of the wage bill.

A personal complement may not be established until the Plus Convention is exhausted to the above ceiling. To achieve the abovementioned Plus Convention of each professional group will be the preferred objective of the part of the reserve of the salary mass destined to the adjustment of salary fans.

The implementation of all this within the framework of Article 32.III shall be lifted. In any case, the SMG shall not serve as a reference for the calculation of seniority and other pluses.

The Job Add-ons, which are paid by the companies, will continue to be collected with the corresponding increases, when and as long as the circumstances that motivated it are given, so it will not be consolidated. where the worker is assigned, on the basis of correct application of the mobility, tasks which do not involve such a supplement, returning the amount of the same to the MSB and being distributed with the same criteria as the rest of the increase.

Article 29. Payment of wages.

The payment of wages will be made in cash, within the working day, for weeks, fortnightly or months, or by cheque, heel or bank transfer. When the payment is made by bank transfer, it must be ensured that the payment in the current account or the worker's book occurs at the usual date of payment.

order to respect the possible existing systems or the agreements that can be reached within the companies, the distribution of the salary will be made in twelve monthly payments plus two extraordinary payments that will be paid as the deadline July 15 the summer and December 15 Christmas.

As for the payment of advances, the provisions of the current legislation will be in place.

Article 30. Guaranteed minimum wage (SMG).

By this agreement, workers are assigned the minimum annual guaranteed salary of 1,477,409 gross pesetas.

The SMG shall be composed of all the remuneration concepts to be received by the employees of each company, in normal or normal activity in unmeasured jobs.

The following concepts are not included in the SMG: Antiquity, turnicity plus, Nocturnity, and Job Plug-in (CPT).

The SMG, corresponding to the second year of validity of the Convention, will suffer a matching increase with the CPI provided by the Government for that year plus 0.3 per 100, proceeding in accordance with the provisions of Article 32 of the Collective Agreement.

For the years 1997 and 1998, the SMGs will apply to them as set out in Article 36, without in this case acting on the ceilings referred to therein.

Regardless of the above, the remuneration scheme for apprenticeship and traineeship contracts will be as follows:

Learning Contract. Remuneration scheme.

The guaranteed remuneration of contract workers shall be 70, 80 or 90 per 100 of the Group I SMG provided for in the Collective Agreement, respectively, during the first, second or third year of the contract.

Contract in practice.

The guaranteed remuneration of contract workers shall be 60 or 75 per 100 of the SMG in the Convention of the professional group in which they perform their employment relationship, respectively, during the first and the second year of the contract.

Article 31. Professional groups.

Annual minimum wage table in each professional group:

Group 1: 1.477.409 pesetas/year.

Group 2: 1.580.828 pesetas/year.

Group 3: 1,713,794 pesetas/year.

Group 4: 1.905.59 pesetas/year.

Group 5: 2.171,728 pesetas/year.

Group 6: 2.541.147 pesetas/year.

Group 7: 3.087.783 pesetas/year.

Group 8: 3.915.134 pesetas/year.

Article 32. Wage increases.

I. Model of wage reference: The signatory organizations of this Collective Agreement have opted, after the experience of the last years, to refer the wage increases agreed to the MSB of the companies. The aim is to generalise the scope of the present Collective Convention by facilitating the accession of those undertakings which are currently bound by agreements of their own level, all without failing to comply with the principle of autonomy and freedom of the parties.

1. The following concepts are considered to be MSB, with the following clarifications:

1.1 Gross Salary Remuneration.

Note A:

Base salary.

Plus Convention.

Personal Add-on.

Benefits and Pluses.

Incentives.

Add-ons and premiums.

Extraordinary pay.

Job Plug-in.

1.2 Other economic concepts.

Note B:

Commissions.

Diets.

Special awards and benefits.

Scholarships.

Grants to canteens.

Housing.

Other non-retributive social benefits.

1.3 Extraordinary hours.

1.4 Other remuneration: seniority.

Notes:

A) These concepts will be related to all workers and staff who receive an accrual from the company, except for the staff included in the professional group number 0. Nothing will be deducted if there has been a strike or any kind of suspension of work contracts, in which case the theoretical amounts of the workers are not included.

B) Comprises non-strictly wage concepts that constitute a cost element attributable to the work factor.

(C) The data on the wage bill provided by the company for group 0 shall not be included in the data on the wage bill, so the data in the group shall not be included in the procedure for the application of the increases in the wage bill and its distribution. However, the overall amount of the remuneration of Group 0 will appear in the calculation of the overall labour costs which the company must provide to the employees ' representatives under Article 71 of the Convention and 64 of the Staff Regulations. Workers.

2. Once the MSB has been calculated on the basis of the factors and concepts listed above, the companies shall bring the total amount of the amounts corresponding to the following masses:

2.1 The masses corresponding to quantities and concepts submitted to the natural evolution of their cost and managed by the company itself, such as:

(a) Pay-in-kind, maintenance, accommodation, home, room and any other supplies.

(b) Social care and social entrepreneurship, such as vocational, cultural, sporting, recreational, economic, dining, family, childcare, transport, etc.

These exclusions will not be made on the assumption that the workers will receive lump sums for these concepts, in which case the corresponding items will be increased, that they will increase their amounts or will share with the rest of the increase.

2.2 The masses that correspond to diets, overtime, and sales commissions. The companies, together with the employees ' representatives, will determine in this case the arrangements to be adjusted.

II.a) Increase. Year 1997.

Once the MSB concept of 1996 has been purged, according to the headings 2.1, 2.2 and 2.3 of paragraph I, the MSB will be increased by 3.5 per 100 of its current amount.

II.b) Increase. Year 1998.

Once the MSB concept of 1997 has been purged, according to the headings 2.1, 2.2 and 2.3 of paragraph I, the MSB will be increased in the CPI provided by the government for the year 1998 plus 0.3 per 100 of the MSB.

The increases in the MSB of each company will be calculated in terms of homogeneity with respect to the periods to be compared, both in terms of templates and the private working arrangements, at the level of (a) productivity, overtime and other working conditions, with the result that, as a result, the amounts corresponding to the enlargements in such concepts, excluding any of the actions envisaged, are taken into account.

Performed the operations before, the following actions will be performed:

1.o In 1997, 0.5 per 100 (from 3 per 100 agreed in 1997) will be reserved, and in 1998, 20 per 100 of the increase applied to the MSB (predicted CPI plus 0.3 per 100) will be reserved for:

New antiques.

Job Plug-in.

Adjustment of salary fans within the same professional group and among the different professional groups.

In the distribution of this reserve, the quantities for new antiques will be given priority.

The minimum guaranteed wages of the professional groups set out in Article 31 will be enforced by the companies. In order to achieve these, and if necessary, once it has increased the MSB in the figure referred to above, and deduced the age of the amount envisaged for the reserve, the companies will be able to use the rest in order to reach the SMG. for each of the professional groups.

1.o a) Job Add-ons.

For the allocation of this reserve percentage, for CPT, companies which do not have an assessment of jobs, must establish it in advance in order to make a better distribution of the quantities for this concept.

From the study of the valuation of jobs, prepared by the company, the workers ' representatives will issue a report stating their conformity or not with this study and its conclusions. In the event of disagreement, and unless otherwise provided for in the undertakings, the assessment of the posts by the Directorate shall be applied. However, the mediation and arbitration procedure provided for in the Convention may always be used.

Of the amounts to be used for the job, the companies will give an account to the representatives of the employees, both of the amount allocated to that supplement, and of the criteria and motivations (a) to determine which jobs are affected by that supplement, and the tasks, functions and other characteristics of the job, in order to define the content of the job.

At the request of the workers ' representatives, the corresponding negotiation will be established, from which the achievement or no agreement will be derived. In the latter case, the CPT will be applied in the form and amount established by the Directorate, with the representatives of the workers being able to take the legal actions they deem appropriate.

In order to facilitate, in those companies that do not have a job evaluation, the task of defining the objective criteria and motivations followed to determine which jobs are affected. for this supplement, given the obligation of its prior assessment for the purposes of the application of the agreed reservation, the following are listed:

Performance of tasks in different conditions than those of the rest of the job title of the same denomination.

That by the assignment of tasks, the characteristics of the position in question are truly unique.

That the post requires a permanent update of knowledge, methods, systems, etc.

That the position in question because of the complexity of the tasks assigned to it, requires a degree of initiative and/or higher responsibility for a similar job within the professional group, provided that Greater initiative and/or responsibility would not assume to be in a higher professional group.

Other circumstances that lead to a different concept of current work.

In any event, the amounts fixed on an individual basis to the said supplement, as a result of the allocation of the above percentages, may never exceed 20 per 100 of the SMG of the professional group in which it is (a) the employment position to be paid shall be avoided; the amounts distributed by that concept shall also be prevented from exceeding in absolute figures the difference between the salary difference between the SMG of the professional working group which is retribue and the SMG of the professional group immediately above.

The assignment of job add-ons will not, in any case, mean to distort the new professional classification.

The company will deliver CPT information for each job or function and its proposal to apply a portion of the reservation to them.

1.o b) Adjustment of salary fans.

Companies will give account to the employees ' representatives of the amounts to be used for the adjustment of salary rates, both for the amount allocated for this purpose and for the criteria and motivations followed for determine who is affected by it.

Once the company's management brings to the attention of the workers ' representatives both the amount intended for the adjustment of salary fans and the criteria and motivations followed to determine them, The requirements of the employees ' representatives shall be the subject of the relevant negotiation.

This negotiation will result in the achievement or not of an agreement, and in the latter case the adjustment of salary abuses will be applied in the form and amount established by the Directorate, and the representatives of the workers the legal actions they deem appropriate.

In any event, the amounts intended for the adjustment of salary fans may never exceed, on an individual basis, the 20 per 100 of the SMG of the professional group in which the worker or workers concerned is framed; Furthermore, the quantities distributed by that concept must be avoided in absolute figures of the difference in wages between the SMG of the professional group in which the adjustment is made and the SMG of the professional group immediately above.

On the other hand, the adjustment of wage-earners must be applied with criteria of generality to workers ' groups who have the same wage level within a professional group.

The allocation of salary-fan adjustment amounts will not, in any case, mean to distort the new professional classification.

However, the excess amounts, if any, shall be distributed among the workers within the maximum period of three months after the entry into force of this Convention.

This shall be taken into account in Article 28.

The company will provide information on the salaries of professional groups in which the fan adjustment applies and its proposal in this respect.

2.o Companies will use 2.5 per 100 of the MSB (or the corresponding amount in 1998) purged and homogenized to increase directly proportional the total salary, except seniority and complement of the job of each worker who is perceived to be in normal business by reason of the job or job he/she carries out in the company.

The result of dividing the total annual salary that each worker receives for the number of hours/year established in this Collective Agreement as a maximum annual day, shall constitute the total salary/hour (SHT). In any event, the divider shall be the number of hours/year in the undertaking in question or to be performed by the worker concerned, if less than the annual maximum agreed time.

III. Timetable for implementation: After the entry into force of this Convention, undertakings shall carry out the calculation of their gross wage bill within a period of 15 days from their publication in the Official Gazette of the State or in any case to the 30 days of signature of this Convention. The company will then, in a meeting convened for the purpose by the Directorate, deliver to the representatives of the written information workers, giving the number of workers of the same and the breakdown indicated in the points by professional group. I. 1.1 to I. 1.4, as well as the distribution resulting from the operations referred to in the preceding paragraphs, of which the company shall provide the documentation corresponding to the representation of the employees. They will examine the proposal of the company and, after the relevant negotiation and adjust it to the agreed terms, will give their agreement.

In those companies where the legislation does not allow for union elections, the data and calculations above will be given to the workers by exposing it in the bulletin board.

Of all this and its results will be lifted the corresponding record.

IV. Mediation and arbitration: In the event of discrepancies in the application of this Article, the use of the mediation and arbitration mechanisms provided for in Articles 89 and Article 89 may be used as a means prior to judicial action. next.

Article 33. Implementation of the agreed increase.

In order to achieve the necessary economic stability, the percentages of wage increases agreed will not be necessary and must be applied for those companies that credit, objectively and reliably, situations of deficit or losses held in the accounting years of the previous two years. The forecasts for the year/s of the Convention will also be taken into account.

In these cases, the parties will be moved to determine the wage increases. 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 balance sheets and their results will be taken into account.

Companies that allege such circumstances must present to the workers ' representation the precise documentation (balance sheets, income accounts, company tax return, in their case report of the company's report). auditors, as well as the measures and forecasts to contribute to the future viability of the company) which would justify a differentiated wage treatment. In this sense, in those of less than 25 workers, and depending on the economic costs involved, the report of auditors shall be replaced by the documentation that is necessary within the meaning of the preceding paragraphs to demonstrate, (i) the situation of losses.

In the information to be presented, a study will be included on the incidence of wages in the company's economic march. The feasibility plan that the company must present explicitly includes short-term industrial, commercial, economic and financial forecasts and objectives, as well as the means to achieve those objectives.

Workers ' representatives are obliged to treat and maintain in the highest reserve the information received and the data to which they have been accessed as a result of the provisions set out in the preceding paragraphs, Therefore, in respect of all this, professional secrecy.

Companies affected by the above paragraphs will be or will not be subject to a review of wages during the current year in accordance with what is specifically agreed between the company and the representatives of the companies. (a) workers within the framework of the agreement should be included in the document setting out the agreements.

In any case, the above paragraphs will only be limited to the wage increase, with the companies affected by the content of the rest of the Collective Agreement being forced to do so.

Prior manifestation of being included in the circumstances and supporting conditions of not being in a position to deal with the wage increase agreed in the Collective Agreement as necessary or required. Companies shall negotiate with the employees ' representatives a salary increase other than the one agreed in the Convention.

In order to be eligible for the disengagement clause agreed in this article, companies must inform the employees ' representatives of their intention to do so within 30 calendar days of publication of the Convention in the "Official State Gazette".

Likewise, companies which allege the above paragraphs (excluding the increase in pay cited for the fact that they are suffering from serious economic situation) will, within 30 calendar days of the date of Publication of the Collective Agreement in the "Official Gazette of the State", to the Joint Committee, communicating such a situation, which shall ensure the exact fulfilment, in its own terms, of the provisions of this Convention. The letters must be accompanied by a copy of the communication made to the representatives of the employees. In any event, the intervention of the Joint Commission will be limited to the knowledge of the development and implementation of the agreed process without interfering in the knowledge of the data of the affected companies that could be classified as strict confidentiality, corresponding to the wage negotiation of such exceptional situations to the company itself and to the employees ' representatives.

The time limits for communicating to the workers ' representatives and the Joint Committee are binding. Your failure to comply will prevent companies from availing themselves of what is set out in this article.

If agreement is reached in the negotiations between the company and the workers ' representatives, it must be communicated to the Joint Commission. In the event of disagreement, after thirty calendar days of negotiation in the company, the parties may jointly request the Joint Commission for mediation or arbitration. If such mediation or arbitration is requested, the Joint Committee must be sent sufficient documentation to enable it to act. If, in the opinion of the Commission, the documentation sent is not sufficient to enable it to be delivered, it shall be addressed to the parties requesting extension or clarification thereof. In the event of failure to conduct an agreement, the Joint Committee may decide to establish the increase in the application of the agreement to the undertaking.

In any case, and in view of the economic difficulties that the companies that could suffer from the clause of the implementation of the increase agreed upon in a successive way, a ceiling of three consecutive years is established in their application, The company concerned must, at the time of application for the third time, submit its situation to analysis and examination by the Joint Committee which will decide on the adequacy and need to adopt this measure again.

Article 34. Correction of absenteeism.

The parties to this agreement recognize the serious problem that is caused by absenteeism for our society and understands that its reduction implies both an increase in the worker's presence in the workplace and the the correct organization of enterprise medicine and social security, along with adequate safety, hygiene and working conditions, in order to effectively protect the physical and mental health of workers.

In the same way, the parties are aware of the serious breach in the economy of absenteeism when certain levels are exceeded, as well as the need to reduce it, given its negative impact on productivity.

To properly achieve these goals agree:

1. To do everything possible to suppress absenteeism due to causes related to the work environment in order to an effective improvement of working conditions, taking into account the ILO regulations.

2. Workers ' representatives shall be consulted in all decisions relating to technology, the organisation of work and the use of raw materials which have an impact on the physical and/or mental health of the worker.

3. When quantifying and cataloging the causes of absenteeism, the following absences, prior and duly justified, shall not be computable for the purposes of such quantification:

Marriage.

Child birth or serious illness or death of relative to the second degree of consanguinity or affinity.

The usual home move.

For the time indispensable for the fulfillment of a duty of public and personal nature.

Performing union or staff representation in terms established legally or conventionally.

Breastfeeding workers for a child under nine months of age.

Absences from hospitalization.

Absences due to an occupational accident.

The absences caused by the suspension of the activity in the event of an accident risk when it is decreed by the labor authority or the employer itself decides, whether or not it is at the request of the workers ' representatives.

The maternity leave of the worker.

The supposed suspension of work contract for legally established causes, except temporary incapacity.

4. To reduce absenteeism (understood as such the temporary incapacity, in accordance with the previous heading and the unjustifiable lack), when the individual number of absenteeism exceeded 4 per 100 of the day/hour to work during the period of Three calendar months, the worker concerned shall no longer be entitled to the temporary incapacity supplement if he/she has taken it on or by express agreement. Such a calculation shall be made on a quarterly basis and, in the case where the worker has wrongly received the supplement, the undertaking shall deduct it in the first month of the following quarter.

The power to withdraw the temporary disability supplement, as referred to in the previous paragraph, may be used by the undertakings, even if they had not previously been used.

These effects shall not be considered to be uninterrupted faults of more than twenty-one days or those in respect of hospitalization, accident at work or maternity and leave.

5. Undertakings shall, in no case, bear any increase in the economic supplement deducted from this Article, if, by legislative or regulatory amendment, reductions in the percentages in the performance of the security Social.

6. In this chapter, both sides will be governed by the basic criterion of seeking to reduce the causes that generate it and focus on those in which a realistic and negotiating action can achieve its reduction in the short and medium term.

Article 35. Wage guarantee in cases of hospitalization, occupational disease, accidents at work and maternity.

In the case of hospitalization, occupational disease, accident of work and maternity, the companies will supplement the temporary disability benefits of Social Security up to 100 per 100 of the sum of the basic salary, plus Convention, personal allowances and job allowances, all of them in ordinary day, excluding those of a variable nature specified in the following:

Sunday Pluses, holidays and Nocturnity.

Add-ons by quantity or quality of work.

For hospitalization, the length of stay in the hospital and the subsequent convalescence linked to the causes that justified the previous hospitalization will be understood.

This supplement will also be affected by the provisions of the fifth paragraph of Article 34.

The supplement referred to in this Article 35 and in Article 34 shall in no case be for a period exceeding eighteen months.

Article 36. Wage revision clause.

Article 36A) wage revision clause for the year 1997.

In the case that the Consumer Price Index (CPI) established by the INE on December 31, 1997, an increase from 31 December 1996 above 2.6 per 100, a wage revision will be carried out as soon as possible. the excess over the indicated figure is officially recorded in the excess. However, the review, in the case of the case as referred to above, shall in no case exceed 0,4 per 100. Such an increase will be paid with effect from 1 January 1997, thus serving as a basis for the calculation of the 1998 wage increase, and for this purpose the masses used to carry out the agreed increases will be taken as a reference. in that year.

Article 36.B) wage revision clause for the year 1998.

In the case that the Index of Consumer Prices (CPI) established by the INE was recorded at December 31, 1998, an increase over the December 31, 1997, higher than the CPI provided by the government for that year, will be carried out a wage revision as soon as this circumstance is officially recorded in the excess over the indicated figure. However, the review, in the case of the case referred to above, shall in no case exceed that of 0,3 per 100. Such an increase will be paid with effect from 1 January 1998, thus serving as a basis for the calculation of the 1999 wage increase and for the purposes of carrying out such increases as the masses used to achieve the agreed increases. in that year.

Article 37. Seniority.

The age plus for the workers affected by this Convention will be frozen in its current calculation basis, following its natural evolution the three-year, five-year and other models in force in the sector.

For newly created companies, the model will correspond to that of the subsector in which it develops its activity. If these models cannot be demarcated, the reference model for two trienes and five five-year models shall be applied, irrespective of the model applied, the following quantities:

Annual model: 5.220 pesetas/year.

Trienes: 13,050 pesetas/year.

Five-Year: 26,100 pesetas/year.

The above figures are applicable to all professional groups.

Article 38. Pluses.

They are extinguished, except as follows, in their concept and their current level, all existing pluses that will become part of the Plus Convention.

Companies that have paid for hazardous and toxicity, as well as those that are due to be paid by parties, firm judgment or firm administrative resolution, will do so in accordance with the following modules:

1.o Those who come using in companies.

2.o In other assumptions 10 per 100 (for each) on the following bases:

Group I: 2,593 pesetas/day.

Group II: 2,777 pesetas/day.

Group III: 3.008 pesetas/day.

Group IV: 3.349 pesetas/day.

Group V: 3.812 pesetas/day.

Group VI: 4.463 pesetas/day.

Group VII: 5.424 pesetas/day.

Group VIII: 6.876 pesetas/day.

However, by agreement in the undertaking, the extinction of these plusses may be negotiated, such quantities being integrated into the MSB referred to in Article 32, or constituting a work supplement other than the CPT from the reserve.

For the plus of Nocturnity will be provided for in the current labor legislation, and in terms of the economic conditions affected to the shift, according to what is established or established in each company, without prejudice to the minimum guarantee for the forms of duty laid down in Article 79.

Article 39. Incentives.

At the initiative of the company, the salary supplement may be established by quantity or quality of work, consisting of premiums or any other incentives that the worker must receive on the basis of higher quality or greater amount of work, whether or not they are linked to a performance pay system. The introduction or modification of a system of incentives under no circumstances may result in the same activity as a loss of the worker's remuneration.

Claims that may arise in connection with the tariffs of these supplements must be submitted to the workers ' representatives. If they are not to be resolved between them and the company's management, it may be possible to refer to Chapter XVII of the Collective Agreement on voluntary dispute settlement procedure, without the application of the claim fee being applied.

However, the possible legal actions that would correspond to those affected should be left to the detriment if they consider their contractual rights to be impaired.

For these purposes, the worker will retain, regardless of the returns he achieves with the new values of time, the average of the perceptions that he would have obtained during the twelve weeks prior to the initiation of the test.

If, during the trial period, the worker or workers concerned obtain higher than normal performance, they shall be paid in accordance with the rates that in anticipation of such an event would be established, in any event pay them with the total of the amounts to be charged for this concept of yield increase, after the corresponding tariffs have been approved.

In the event that the rates referred to in the preceding two subparagraphs are not definitively established, the higher activity shall be paid in proportion to that which exceeds normal activity.

The time and performance review will be performed by any of the following facts:

1. For a reform of methods, means or procedures.

2. Where there was a manifest and indubitated error of calculation or measurement.

3. If at work there has been a change in the number of workers or some other change in the conditions of the worker.

4. By agreement between the company and the workers ' representatives.

If, because of the introduction of a performance system and incentives of one or more sections that make up the manufacturing, someone would have to perform a higher quantity or quality of work than the normal activity of their load For work by horse/man, you must receive an increase in your salary to normal activity.

Companies will have to set up a remuneration system with incentive to indirect labour, when it is established for the direct labour force, if this is determined by the indirect labour force to be carried out. a higher amount of work than the normal activity of your work load per person/person.

If any of the workers paid to leave or premium did not give the performance due to causes attributable to the company, in spite of applying the necessary techniques, activity and diligence, it will be entitled to the salary that would have been or, in any event, the remuneration which they received in respect of normal or normal activity in non-measured work.

If the motivating causes of the decrease in performance were accidental or not extended to the whole day, the worker should be compensated only for the duration of the decrease.

When, for reasons well proven, not attributable to neglect or negligence of the company, but independent of the will of the worker (lack of current, breakdown in the machines, waiting for motive power, materials, etc.), The workers ' perception of normal performance is to be paid to workers.

In both cases, in order to prove these rights, it will be essential to have stayed in the workplace.

In changes in the workplace or in the area, where the worker has a part of his or her remuneration in the form of a commission, incentives, objectives, etc., it will require that the variable pay be adjusted to the forecasts of the new centre or area, without prejudice to the remuneration of the new centre or area, in terms of quantity and quality and function.

CHAPTER VI

Working day, schedule, overtime, and vacation

Article 40. Working day.

40.1 Workers affected by the 11th General Convention of the Chemical Industry will have a maximum annual working day of one thousand seven hundred and eighty hours of effective work.

The current days will be respected that in their annual computation are more beneficial for the workers.

Companies that have established rest periods (snack) as an effective working time, will quantify their annual duration and this amount will be deducted from the duration of their current day, for the purposes of determining the effective annual working day to be consolidated since the entry into force of this Convention. If this operation is carried out, a day less than that provided for in this Convention, they shall maintain that day, and may in these cases reorder the same.

Example: Company with an annual agreed and rest day (snack) considered as an effective day working x days a year.

Annual day-work days for snack time = effective day.

40.2. Within the scope of the undertaking, after negotiation and agreement with the representatives of the employees, an irregular distribution schedule may be established for the day, which implies the possibility of exceeding the maximum daily ceiling of nine hours, Article 33 (3) of the Staff Regulations, in accordance with the minimum breaks laid down in the Law.

40.3. On the calendar which governs the company, the Management of the company may have a flexible working day or schedule of up to one hundred hours each year of the Convention, which, in spite of its irregular character, will be considered as ordinary in nature. part of the annual computation of the day. Such flexible hours will be applicable in the working days for each worker of the calendar that rips in the company, and the daily limit of nine hours referred to in the Law, with respect to the rest of the rest, can be exceeded. Minimum standards already mentioned.

For the application of the flexible hour, the criteria for the causalization and explanation of the technical or productive technical reasons that justify it to the workers ' representatives, as well as to the directly concerned, seven days in advance of the adoption of that decision.

In any case, the prolongation of the day resulting from this irregular distribution and the application of the flexible hours, will not be applicable to workers who have limited their presence for reasons of safety, health, child care, pregnancy or breast-feeding periods.

The compensation of the flexible or free hours available will be as follows:

An hour of mandatory rest for each flexible hour, up to the ninth hour of daily work, including this one.

An hour and a half for each flexible hour performed, from the tenth hour of daily work, and included. In this case, one hour shall be compulsory rest, and the additional half-hour may be rested or paid in the company's judgment, after consultation of the representatives of the employees.

The corresponding compensatory rest period shall be enjoyed within the agreed annual working day, provided that it does not coincide with peak periods of production, and shall ensure that they are fixed by agreement with the representatives of the workers or with the workers themselves. In the event of disagreement, it shall be accumulated on full days and shall be enjoyed within the maximum period of four months from the start of the flexible working period.

The amounts intended to compensate for such extension of working time may not be regarded as an extraordinary hour's remuneration, except for the effects provided for in Article 32 (wage increase), as they must to be drawn from the MSB for increased purposes.

Article 41. Overtime.

They will only have the consideration of overtime for legal purposes, the following:

Those that exceed the annual calendar day in each company, that is, those worked outside the schedule established in the business calendar that rija in the company, except for the flexible hours resulting from the application of the article 40.3.

Extraordinary hours will preferably be compensated by rest, provided it does not disturb the normal production process of the companies. The compensation for rest, or the remuneration of overtime, if the worker opts for such a form, shall be that which is established in the undertaking or which can be agreed within the undertaking.

The overtime offset by rest within four months of completion shall not be counted for the purposes of the annual maximum overtime ceiling laid down in Article 35.2 of the Staff Regulations. Workers.

in view of the serious situation of existing unemployment and with a view to promoting a social solidarity policy conducive to the creation of jobs, the abolition of the usual overtime is agreed, thus maintaining the criterion already established. established in previous agreements.

Also, in order to give all its value to the above criterion, it will be analyzed in each company, jointly between the representatives of the workers and the same, the possibility of making new hires within the arrangements for contracts in force in place of the replacement of overtime.

Also regarding the different types of overtime, the following is agreed:

(a) Extraordinary hours of force majeure which are required by the need to repair claims or other analogues whose failure to make any obvious and serious damage to the undertaking itself or to third parties, as well as in the case of risk of loss of raw materials: realization.

b) Extraordinary hours required by orders or peak periods of production when these are unforeseeable or non-performing produces serious material or customer losses and this is evident, unanticipated absences, necessary for the implementation and/or stops, changes in shift, maintenance changes where the use of the various forms of temporary or partial procurement provided for by the law does not apply and its failure to carry out the loss or the deterioration of the production and in the event that its non-realization results in the impossibility of repair breakdown or guarantee the proper implementation of production: maintenance.

The overtime, in any case, by its nature, shall be voluntary, in accordance with the Law, except those whose failure to make the undertaking serious damages or impede the continuity of production and the other (a) the maximum force of the force referred to in paragraph 1.

The Company's management will report monthly to workers ' representatives on the number of overtime hours, specifying the causes and, where appropriate, the distribution by sections. In addition, on the basis of this information and the above criteria, the company and the employees ' representatives will determine the nature and nature of the overtime in the light of what is agreed in this Convention.

Discrepancies may be submitted to the procedures provided for in Chapter XVII.

Structural overtime shall be considered to be carried out on the basis of the criteria set out in points (a) and (b) of this Article.

Article 42. Work schedule.

Within one month, starting from the publication of the official calendar in the "Official State Gazette" or Official Bolletas that in each case correspond, the companies will point out, with the intervention of the representatives of the workers, the work schedule for the following year.

This calendar should include local parties and business dates for the enjoyment of the holidays, as well as the fixing of the breaks.

The calendar will also include special days, as well as those of workers whose regular activity is developed outside the workplace.

The calendar should be displayed in the work center throughout the year.

Article 43. Holidays.

The paid annual leave scheme of the staff affected by this Convention shall be 30 calendar days for all workers. From this vacation, at least, fifteen calendar days will have to be enjoyed uninterruptedly between the months of June to September.

The annual vacation may not be compensated in cash.

Workers who on the date determined for the enjoyment of the annual vacation would not have completed an effective year in the company's workforce will enjoy a number of days proportional to the time of services provided.

In the event of the closure of the working centre for holidays, the Directorate of the company will record the staff who, during that period, will carry out necessary works, works of business, etc., in particular with the interested in the most convenient way of your annual vacation.

The employer may exclude as a holiday period the one that coincides with the company's increased seasonal production activity, after consultation with the workers ' representatives.

The holiday distribution table will be displayed at least three months in advance in the bulletin boards, for the knowledge of the staff.

For the payment of the holiday period the same regime established in the companies for the payment of assets will be followed in the non-holiday period, although the workers will be entitled to receive advances on account without may exceed 90 per 100 of the corresponding salary.

The vacation will be paid according to the average earned by the worker for all the concepts in normal day, in the three months prior to the date of initiation of the same.

Staff with a right to vacation, who will cease in the course of 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 completed as a whole month. In the event of the death of the worker, this amount shall be met by his successors.

Shift staff will be able to start enjoying their holidays at the end of their regular rest period.

Companies, when the situation of temporary incapacity occurs during the holiday period, in the event that it is not interrupted and only during that period, will complete, up to 100 per 100 of the salary that should be the worker in that period, the economic benefits of temporary incapacity.

CHAPTER VII

Offsets, diets, licenses, and excess

Article 44. Displacements and diets.

Workers who need the company to travel or travel to populations other than those in which they radiate their work center will receive a diet of 2,033 pesetas, when they make a meal outside and overnight at your home; 3,436 pesetas, when you make the two meals outside, overnight at your home, and 6.865 pesetas if, in addition to making the two main meals outside, you will stay outside your home. These allowances shall be payable in full on the day of departure.

The expenses of the company will be borne by the company, which will establish the most suitable means of transport. The employees shall also justify the amount of the expenditure incurred.

When the means of locomotion, which are cost to the company, and the distribution of the timetable allow the worker to make meals at home, they will not be entitled to a diet.

When the worker uses his or her own vehicle for the displacements, it shall be established, after agreement between the undertaking and the worker, an amount per kilometre, for which the calculation shall take into account the cost of the factors which They make up the maintenance of the vehicle, amortisation, accident insurance, etc., taking into account what the specialized journals in this matter establish, without in any case the amount per kilometer may be below the 37 pesetas.

Article 45. Licenses.

The worker, advising on possible advance, may be absent from work, entitled to remuneration, for any of the reasons and for the time set out below:

1. Fifteen calendar days in marriage cases.

2. Two days by birth of children, which may be extended for two days in the event of a justified illness or where the worker needs to make a move to the effect.

3. Two calendar days in case of serious illness or death of parents, grandparents, children, grandchildren, spouse or siblings of the worker, as well as those of their spouse, who may be extended to four when necessary to move to the effect.

4. A natural day in the case of marriage of children, parents or siblings, on the date of the celebration of the ceremony.

5. For one day per transfer from his usual address.

6. For the time indispensable for the fulfilment of an inexcusable duty of a public and personal nature, understood as the exercise of active suffrage. Where a legal or conventional standard is established, a given period shall be the same as the duration of the absence and the economic compensation.

7. For the time established to enjoy general educational rights and professional training in the cases and in the form regulated in the legislation in force.

8. For the time being indispensable for the conduct of prenatal tests and preparation techniques for delivery that must be carried out within the working day.

As for those referred to in numbers 1 to 3 of the previous paragraph, in duly accredited extraordinary cases, such licences shall be granted for as long as necessary under the circumstances, the conditions under which conditions are met. The invention also allows the non-perception of haberes to be sealed.

Article 46. Suspension of the maternity contract.

The worker in the delivery case will be entitled to a suspension of her contract of sixteen weeks uninterrupted, extendable to eighteen by multiple birth. The period of suspension shall be distributed as an option to the person concerned, provided that at least six weeks are immediately after delivery. In the event of the death of the mother, the father may make use of this right for the care of the son or daughter.

However, when the mother and father work at the beginning of the maternity leave period, the mother may choose to be the father of up to four of the last weeks, provided they are (a) uninterrupted and at the end of the said period, except that at the time of implementation of the incorporation of the work by the mother, there is a risk to the mother's health.

In the case of adoption, if the adopted child is less than nine months, the suspension shall be a maximum of sixteen weeks, counted on the choice of the worker, either on the basis of the administrative or judicial decision of the (a) the right of establishment, or the right of the court or tribunal to adopt it. If the adopted child is older than nine months and under the age of five, the suspension will last for a maximum of six weeks. In the event that the father and the mother work, only one of them will be able to exercise this right.

Article 47. Unpaid leave.

They may apply for unpaid leave, with a maximum duration of three months, the fixed workers who, having passed the probationary period, take the company's service for more than six months. Companies will resolve the requests made to them in this respect, except that the granting of licences will seriously affect the production process or a number of workers equal to 2 will be found enjoying this right. per 100 of the establishment plan, or a worker in work centres of less than 50 workers.

To be entitled to a new license, at least two full years must elapse from the date of termination of the previous one.

Article 48. Surplus.

Workers with a year of service may apply for voluntary leave for a minimum period of 12 months and not more than five years, not for the duration of this situation to any effect, and without any can be produced in fixed-term contracts.

The requests for excess will be resolved by the company within a maximum of one month, taking into account the needs of the job and seeking to send favorably those requests that are studies, family requirements and other similar requirements.

As for the rights granted to the working woman by the provisions in force, they will be in the same position. Paternity leave may be granted, provided that both spouses are employed; in this case, where the excess is not longer than one year, the re-entry shall be automatic. In any event, the enjoyment of the surplus by one of the spouses will make it impossible to exceed the other. This obligation shall not apply to the worker in multiemployment.

The worker who does not apply for re-entry before the termination of his or her surplus will cause the company to be permanently low. In order to benefit from other voluntary leave, the worker must cover a further period of at least four years of effective service in the undertaking.

When the worker so requests, the re-entry will be conditional on the vacancy in his professional group; if there is no vacancy in the professional group and if at the bottom, the surplus may choose to occupy this place with the the corresponding salary until a vacancy occurs in his or her professional group, or not re-entered until such vacancy occurs.

In any case, the company will be obliged to reply in writing to the worker's request for re-entry.

Article 49. Leave for care of sons and daughters.

The father or mother shall have the right to leave for the care of each child or daughter for a period of not more than three years from the date of birth. The same right shall be provided for in the case of adoption, from the moment of adoption.

The successive children will be entitled to a new period of leave which, if any, may end up being enjoyed.

When the parent and parent work, only one of the two will be able to exercise this right.

The period in which the worker or the worker remains in a situation of leave in accordance with the provisions of this Article shall be computable for the purposes of seniority and shall be entitled to assistance with training courses. professional, especially on the occasion of their reinstatement. The company must be called upon to participate in the training courses.

During the first year of leave you will be entitled to the job reserve. After that period, the reinstatement will be an activity of the same professional group.

Article 50. Special leave.

It will result in the situation of special staff exceeding any of the following causes:

(a) Nomination for public office, where its exercise is incompatible with the provision of services in the enterprise. If there is a discrepancy in this respect, the competent jurisdiction shall decide. The excess shall be prolonged for the duration of the charge which determines and entitles it to occupy the same place as the worker does when such a situation occurs, and the time which has remained in that position is calculated as an asset to all the effects. The re-entry must be requested within the month following that of his or her termination in the public office.

b) Illness, for the duration of the temporary disability situation.

(c) Incorporation into rows to provide the military service on a compulsory or voluntary basis, for the minimum duration of the service, reserving the job as long as the worker remains in service. military and two months more computing all this time for ancient purposes.

Staff who are in compliance with the military service may be reintegrated into work when they obtain a temporary leave of more than one month in full days or hours, provided that they are in both cases the appropriate authorization. In order to be able to work, it is the company's potential to reentry with the workers who enjoy permits of shorter duration than the one indicated.

Article 51. Medical office assistance.

When, due to illness, the worker requires medical practice in hours that coincide with those of his working day, the companies will grant, without loss of pay, the necessary permission for the time. It is necessary to have the same with the corresponding flyer endorsed by the optional, or duly accredited staff whether or not they are Social Security.

CHAPTER VIII

Disciplinary regime

Article 52. Regime of faults and sanctions.

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

Article 53. Graduation from the fouls.

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

Article 54. Minor fouls.

The following are considered minor faults:

1. The lack of punctuality, up to three in one month, in the attendance at work, with a delay of less than thirty minutes in the time of entry.

2. Do not take appropriate leave in due time when the work is lacking for justified reasons, unless it is proved impossible to have done so.

3. The abandonment of service without cause founded, even if for a short time. If, as a result of the case, any consideration was given to the undertaking or cause of accident to his or her co-workers, this fault may be regarded as serious or very serious, as the case may be.

4. Small oversights in the preservation of the material.

5. Lack of grooming and personal cleansing, where such is such that it may affect the production process of the company.

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

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

8. Discussions on foreign affairs to work within the company's dependencies. If such discussions produce a notorious scandal, they may be considered to be serious or very serious.

9. Missing work one day a month without justified cause.

10. Failure to fulfil the obligations laid down in Article 29 of Law 31/1995 of 8 November 1995 on the Prevention of Occupational Risks, provided that it is of serious importance for the physical integrity or health of workers.

Article 55. Serious fouls.

The following are serious faults:

1. More than three non-justified faults of punctuality, in excess of five minutes, in the attendance at work in a period of thirty days.

2. Absences without cause, for two days for a period of 30 days.

3. Do not communicate with the punctuality due to the changes experienced in the family that may affect the Social Security. The malicious lack of such data is considered to be very serious.

4. Give yourself to games or distractions at work hours.

5. The simulation of illness or accident.

6. Disobedience to his superiors in any matter of work. If it involves a manifest breach of the discipline or of the discipline, it may be regarded as a very serious matter.

7. Simulate the presence of another worker, by signing, answering or signing by him.

8. Neglect or neglect in the work that affects the service's good march.

9. Recklessness at work; if there is a risk of accident to the worker, to his or her companions or danger of damage to the facilities, it may be considered to be very serious.

10. To carry out, without the appropriate permission, particular works during the day, as well as to employ tools of the company for own uses.

11. The drunkenness out of act of service, wearing the uniform of the company, provided that in the uniform can be identified to the company.

12. The recidivism in a slight lack (excluding the punctuality), even if it is of different nature, within a trimester and having mediated written communication.

13. Failure to comply with the obligations laid down in Article 29 of Law 31/1995 of 8 November 1995 on the Prevention of Occupational Risks, where such non-compliance risks serious harm to the safety and health of workers.

Article 56. Very serious fouls.

The following are considered to be very serious:

1. More than ten non-justified faults of punctuality, exceeding five minutes, committed over a period of six months or twenty for one year.

2. Fraud, disloyalty or breach of trust in the management and theft or theft, both the company and the co-workers or any other person within the company's premises or during work in any other place.

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

4. The conviction for the offence of theft, theft or embezzlement committed outside the company, or any other kind of facts which may involve such distrust in relation to its author, and, in any case, the duration of more than six years given by the Courts of Justice.

5. The continued and usual lack of grooming and cleanliness of such a kind that produces justified complaints from his co-workers.

6. The usual drunkenness.

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

8. Ill-treatment of word or deed, abuse of authority or a serious lack of respect and consideration for the bosses or their family members, as well as the companions and subordinates.

9. Causing serious accidents through negligence or recklessness.

10. Abandon the job in a position of responsibility.

11. The voluntary and continuous decrease in the normal performance of work, provided that it is not motivated by the exercise of any right recognized by the laws.

12. He originated frequent scuffles and pendences with co-workers.

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

14. The abuse of authority by the bosses will always be considered to be very serious. He who will suffer it will immediately put him in the knowledge of the company's management.

15. Sexual harassment, in the sense of a conduct of a sexual nature, of word or action, developed in the field of work and which is offensive to the worker or worker who is the object of the same. In an alleged sexual harassment the continuity of the work of the person who is the object of the sexual harassment will be protected.

16. Failure to comply with the obligations laid down in Article 29 of Law 31/1995 of 8 November 1995 on the Prevention of Occupational Risks, provided that such non-compliance is a serious and imminent risk to the safety and health of the workers.

Article 57. Sanctions regime.

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

The sanction of minor and serious faults will require written written communication to the worker, and the penalty of the very serious faults will require processing of the file or summary procedure in which the affected worker is heard.

In any case, the company will account for workers ' representatives, at the same time as the company itself, for any penalty that it imposes.

Article 58. Maximum penalties.

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

(a) For minor faults: Verbal, written warning, suspension of employment and salary up to two days.

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

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

Article 59. Prescription.

The faculty of the company to sanction will prescribe for minor faults at ten days, for serious faults at twenty days and for the very serious ones at sixty days, from the date on which the company became aware of its (i) the Commission's proposal for a directive to be adopted by the Commission.

Article 60. Graduation of fouls.

For the purposes of the graduation of faults, no account shall be taken of those that have been previously committed according to the following deadlines:

Mild fouls: Three months.

Serious fouls: Six months.

Very serious fouls: One year.

CHAPTER IX

Safety and health care

Article 61. Safety and health.

The protection of workers ' health is a basic and priority objective of the signatory parties and considers that to achieve this, the establishment and planning of preventive action in the centres is required. at work and in undertakings which have at last the disposal or reduction of the risks at their origin, on the basis of their assessment, taking the necessary measures, both in the correction of the existing situation and in the technical and organization of the company, to adapt the work to the person and protect their health.

In all matters concerning the prevention of the health and safety of workers, the provisions contained in Law 31/1995 of 8 November on the Prevention of Occupational Risks and Regulations shall apply. concordant.

For these purposes, both parties agree to address the application of the preceding paragraph, in line with the following general criteria and statements provided for in the above mentioned Law, as well as the following:

1. General principles.

1.1 Up to so long the legislation in this field will be considered as maximum permissible levels of chemical substances and physical agents in the working environment the threshold limits used by the services of the INSHT of the Ministry of Labour.

1.2 In each work center, and for each homogeneous area, the periodic record of the environmental data will be taken, with the methodology and periodicity that the Plan of Prevention establishes. The results of the sampling shall be made available to the interested parties.

1.3 All work which, after the measurements contained in the previous article, the level of risk is serious, will be of an exceptional and provisional nature, and in all cases must be determined for a specified period, the disappearance of this character, without any damage to the worker's employment situation. This will necessarily lead to the absolute prohibition of overtime and any change of time that would result in an increase in exposure to risk, above the normal working cycles previously established.

1.4 The risks to the health of the worker will be prevented by avoiding: 1.o their generation; 2.o their emission, and 3.o their transmission, and only ultimately will be used the means of personal protection against them. In any case, the latter measure shall be exceptional and transitional until such time as risk is cancelled, issued and transmitted.

1.5 In any extension or modification of the production process, it will be necessary to ensure that the new technology, processes or products to be incorporated, do not generate risks that exceed the referred threshold limit values. When new technology is introduced, the protection techniques provided by the technology shall also be added.

1.6 Any accident at work, occupational disease or other damage to the health of the worker, arising from the work, will require the adoption of all the measures necessary to prevent the repetition of such damage.

The corrective measures and hygiene reports that as a result of these accidents or occupational diseases are referred to the company by the persons or bodies responsible for the activity of protection and prevention of the undertaking, as well as by the bodies competent for the prevention of the health and safety of workers, shall be provided by the undertaking to the members of the Committee on Safety and Health within a maximum of 10 days from the date of its reception.

1.7 Whenever there is a demonstrated risk to the health of the worker arising from the job, the Committee on Safety and Health may be referred to it as a matter of urgency. It will propose appropriate measures until the risk disappears.

1.8 In the case that in a given manufacture there are no rules and means to regulate the level of risk prevention requirements for foreign-parent subsidiary companies, they will be obliged to maintain the same levels and means as in their country of origin.

In any newly created company or any new process that is implemented in the existing ones, if there are no legal regulations that regulate a level of demand in the field of risk prevention, the same ones will produce a project of security, to the legal effects that apply. The representatives of the workers will be informed of such a project to issue a report.

1.9 In the appropriate cases, it will take into account, in the matter of the day, the provisions of article 23 of Royal Decree 1561/1995, of 21 September, regarding the limitations of the times of exposure to the risk.

Likewise, in cases where there is toxicity, penalties or dangerousness, the elimination or reduction of such circumstances shall be primarily intended.

2. Delegates of Prevention.

2.1 The Prevention Delegates shall be chosen from among the establishment plan by the workers ' representatives, in accordance with the scale set out in Article 35 of the Law, with the exception of the 50 to 100 section. workers, in which the number of Prevention Delegates will be three. In the work centers of up to 30 workers the Delegate of Personnel will be the Delegate of Prevention, and in the centers of work in which the number of workers oscillates between 31 and 49 there will be a Delegate of Prevention, that will be chosen by and between the staff representatives. In any event, in this section and during the term of this Collective Agreement, the representatives of the workers may maintain the designations of the Delegates of Prevention made so far among the staff.

2.2 As far as its powers and powers are concerned, it will be provided for in Article 36 of Law 31/1995.

2.3 It will be applicable to the Delegates of Prevention as provided for in Article 37 of the Law of Prevention 31/1995, as representatives of the workers. They may use trade union hours for the development of their activity as such. Where the Staff Delegates or the Business Committee appoint as the Prevention Delegates to employees of the workforce without trade union representation, their decision shall at the same time entail the transfer of the trade union hours necessary for such workers can develop their function.

However, in any event, it shall be considered as an effective working time, without imputation to the credit schedule, corresponding to the meetings of the Committee on Safety and Health and any other meetings convened by the Committee. (a) an employer in the field of risk prevention, as well as that for the visits provided for in Article 36 (2) (a) and (c) of Law 31/1995 of 9 November 1995.

Likewise, and without prejudice to those provided for in the Law in this respect, they will have a maximum of sixteen hours each year to attend courses on the Prevention of Labor Risks by public bodies or by public bodies. (a) the competent authorities of the Member State concerned.

3. Committee on Safety and Health.

3.1 In the centres of 50 or more workers, a Committee on Safety and Health shall be set up, which shall be composed, as provided for in Article 38 of the Law, by the Delegates of Prevention, on the one hand, and by the employer and/or their representatives in number equal to that of the other's Prevention Delegates.

Participate, with a voice but without a vote, in the meetings of the Committee on Safety and Health: The Trade Union Delegates, the technical officers of prevention in the company (not included in the composition of the Committee on Safety and Health), workers with special qualifications or information on specific issues to be discussed and prevention technicians outside the company, provided that they so request one of the representations in the Committee. The meeting will be quarterly, and whenever you request any of the representations in it. The Committee shall adopt its own rules of operation.

In companies that have several work centers equipped with the Committee on Safety and Health, they will be able to agree with their workers to set up an Inter-Centers for Safety and Health Committee with the functions that the agreement will have. attribute.

3.2 The employer, in order to comply with the duty of protection established in the Law of Reference, shall take appropriate measures to ensure that workers receive all the necessary information in relation to the referred to in Article 18 (1) and (2).

4. Surveillance and risk prevention.

The Management of the Company, which is technically advised by the Prevention Services and in accordance with the provisions of Royal Decree 39/1997, for which the Prevention Services Regulations are approved, will draw up:

a) Job Center Risk Assessment.

b) A general prevention plan.

c) Planning annual prevention plans.

d) Periodically, the memory of the general plan and the annual programmes will be drawn up.

The management of the company shall give the representatives of the employees and the Joint Committee on Safety and Health, within the maximum period of six months, the date of publication of the Convention in the Official Journal of the European Union. State ", in order to enable the Committee to draw up a white paper on the matter.

The procedure set out in the previous paragraph should be adapted to the size of the company, reducing and simplifying the procedure laid down.

5. Risk assessment.

5.1 This paragraph will be in line with the provisions of article 16 of the Law and the Regulation referred to above, giving them for their integrity.

5.2 The organizations that have signed this agreement will encourage their members to attend training courses on this subject.

6. Health surveillance.

6.1 The employer shall ensure that workers at their service are regularly monitored for their health in the light of the risks inherent in the work, in accordance with Article 22 of the Law on the Prevention of Occupational risks.

6.2 The information collected as a result of this surveillance, as provided for in the Law, will always respect the right to privacy and dignity of the person of the worker and the confidentiality of all information related to your health status. In the event of a failure to comply with this obligation, the Committee on Safety and Health shall have the right to request the immediate cessation of the responsible person, reserving the right to carry out the legal proceedings. appropriate.

6.3 Medical Acknowledges. The medical examinations carried out must be specific, in accordance with the raw materials or additives which are handled in each working centre. These awards shall be of maximum annual frequency.

6.4 Those workers and groups of workers who, due to their personal characteristics, their conditions of greater exposure to risks or other circumstances have greater vulnerability to it, will be monitored in a way

7. Programmes, budgets and controls.

The Safety and Health Committee shall be duly informed of the annual programmes for the protection of the health of the worker and of the amount of the budget for the implementation of the budget. He will then deliver opinions and opinions on the subject, in the terms laid down in the Law on the Prevention of Occupational Risks.

8. Technology and work organization.

The Safety and Health Committee should be informed of all decisions regarding the technology and organization of work that have an impact on the physical and mental health of the worker.

9. Maternity protection.

The employer shall take the necessary measures to avoid the exposure of workers in a situation of pregnancy or recent birth to the risks identified in the assessment referred to in Article 16 of Law 31/1995, which may affect the health of workers or the unborn child, through an adaptation of the working conditions or working time of the worker concerned, in accordance with the terms laid down in Article 26 of that Law.

10. Joint Committee on Safety and Health at Work and the Environment.

The signatory parties agree to constitute a Joint Working Committee which will govern their action through the following rules:

1.Your composition will be equal.

2.o Will be assisted by the advisors appointed by each of the parties.

3.o You will be able to gather the necessary information to serve your own purposes through the organizations and companies of the chemical industry.

4.o Hold regular meetings, with the content of the meetings being recorded.

5.o May issue reports at the request of the parties on the issues and issues raised by the correct and appropriate treatment of safety and hygiene at work in the chemical industry, as well as its impact on the outside of the sector itself and public opinion.

This Committee will have as its priority objectives to ensure and guide in the field of enterprises the appropriate working conditions and environment that enable the correct implementation of this chapter, focusing on fundamentally in:

Dangerous raw materials, their control according to the criteria of the convention and their substitution by other similar but not dangerous raw material.

Tracking dangerous diseases.

Technology changes that replace dangerous forms and places of work.

In order to strengthen preventive actions in favour of the health of workers and aware of the need for joint action in this respect, specific training plans will be drawn up for the prevention of occupational risks, putting in place and developing such plans, and may require the services of the Provincial Technical Cabinets of Safety and Hygiene at Work and of the undersigned organizations.

CHAPTER X

Environment

Article 62 Acting in defense and environmental protection.

The parties to this Convention consider it necessary for companies to act in a responsible and respectful manner with the Environment, paying great attention to their defense and protection in accordance with interests and concerns. of the society.

To this end, the chemical sector as a whole must adopt a permanent, responsible and visible attitude in the field of the environment and, at the same time, make the effort that the industry is developing in this field, and the future, as well as its results, are well known and properly valued by the relevant society and administrations.

It is considered essential for these purposes to carry out activities aimed at achieving the following objectives:

To promote and achieve a responsible action of the companies in the field of the Environment, concreting the measures to be adopted.

Establish qualitative and quantitative targets for improvement in order to make the progress that is achieved visible to them.

Demonstrate to society the responsible behavior of companies, individually and collectively, through the use of techniques of good environmental management and the communication of the results obtained.

Improve the credibility of the industry and increase the trust of society and public administrations through concrete demonstrations and events.

All this must be the subject of permanent and shared concern, both from the company's management, and from workers ' representatives.

CHAPTER XI

Care regimen

Article 63. Economate.

The companies affected by this Convention occupying more than 500 workers in the same locality will be obliged to maintain a labour economy in accordance with the provisions of the Decree of 21 March 1958, the Order of June 12, 1958, which was developed by Royal Decree 1883/1978 of 26 July 1978 and Royal Decree 762/1979 of 4 April 1979, which updated the provisions in force concerning labour costs.

Companies that are not obliged to maintain labour costs, in accordance with the provisions of the preceding paragraph, must attempt to group together with others of the same population to constitute a collective or, alternatively, to request the incorporation of their employees into other legally established economies or consumer cooperatives at the site.

Article 64. Business canteens.

In terms of dining rooms for staff, companies will agree with the workers ' representatives on the arrangements to be adjusted to comply with the existing provisions on dining rooms for staff.

The canteens, in those companies that are obliged to facilitate such a service according to the legal provisions in force, will have to gather sufficient conditions of habitability, sanitation, ventilation, hygiene, as well as offer sufficient accommodation for workers using such a service on each shift.

The company will also provide the necessary tools and equipment, and the material and human resources for its proper functioning.

Article 65. Working garments.

The companies will provide free compulsory, to the staff who, for their work, need the following items of work:

Technicians: Two gowns a year.

Workers ' personnel: Two monkeys or divers a year.

In industries that manufacture or manipulate acids or other corrosive materials, the appropriate quantity and quality allocation, to be provided to the workers, will be determined jointly with the workers ' representatives. members of the various professional groups, for their best protection, in the face of these agents.

Likewise, it will be mandatory for companies to provide impervious clothing and footwear to personnel who have to carry out continuous work in the open, in frequent rain, and to those who have to act in places notably framed or muddy.

CHAPTER XII

Trade union rights

Article 66.a) Of workers ' representatives.

Workers ' representatives shall be understood to be the Company's or Staff's Delegates and trade union delegates of the trade union section, who shall have the powers, rights and obligations set out for them. by the Organic Law on Freedom of Association, Workers ' Statute and the Collective Convention itself.

Article 66.b) Of Trade Unions.

The parties to the present stipulations once again ratify their status as valid interlocutors, and are also recognized as such, in order to implement through their organizations labor relations. They are based on mutual respect and are designed to facilitate the resolution of all conflicts and problems that arise from our social dynamics.

Trade Unions are basic and consumable elements in order to face through them the necessary relations between the workers and the entrepreneurs. All this without demerit of the powers conferred by the Law, and developed in the present agreements, to the representatives of the workers. The provisions of the collective agreements, the individual agreements and the unilateral decisions of the employer which contain or entail any discrimination in employment or in employment shall be null and void, without effect, working conditions, whether favourable or adverse, by reason of accession or not to a Union, to its agreements or to the exercise in general of trade union activities.

Article 67. Of the trade union action.

1. Workers affiliated to a trade union may, at the level of the undertaking or centre of work:

a) Constituting trade union sections, in accordance with the provisions of the Statutes of the Union.

b) Hold meetings, after notifying the employer, collecting quotas and distributing union information, outside the working hours and without disturbing the normal business activity.

c) Receive the information sent to you by your Union.

2. Trade union sections of the most representative trade unions and of those who are represented on the Enterprise Committee or have staff delegates shall have the following rights:

(a) In order to facilitate the dissemination of those notices which may be of interest to the members of the Union and to workers in general, the company shall make available to it a notice board to be placed in the (a) the working centre and where appropriate access to the same worker is ensured.

b) To collective bargaining, in the terms set out in its specific legislation.

c) The use of a suitable premises where they can develop their activities in those companies or workplaces with more than 100 workers.

Article 68. Of the union charges.

1. Those who hold elective office at the provincial or regional level, where there is no previous, regional or state level, in the most representative trade union organisations, shall be entitled:

(a) The enjoyment of the unpaid leave necessary for the development of the trade union functions proper to his office, being established by agreement, the necessary limitations to the enjoyment of the same in function of the needs of the production process.

(b) To the compulsory surplus, with the right to reserve the job and to the age-counting period for the duration of the exercise of its representative office, it is necessary to reinstate its position of work within the month following the date of termination.

(c) To assistance and access to work centres to participate in their union's own activities to all workers, whether meetings or assemblies with the trade unions, the Committee or the workers; or in meetings of discussion or negotiation with the company's management, after communication to the employer and without the exercise of that right being able to interrupt the normal development of the production process.

2. Union representatives who participate in the negotiating commissions and joint or joint committees of Collective Conventionkeeping their relationship as an active worker in any company, will be entitled to the granting of the permits. (a) to the extent that they are necessary for the proper exercise of their work as negotiators, provided that the undertaking is affected by the negotiation.

Article 69. The union delegates.

Without prejudice to the provisions of Article 70, the following shall apply:

1. Of the trade union delegates: In the companies or, where appropriate, in the job centers that occupy more than 250 workers, whatever the class of contract, the trade union sections that can be constituted by the workers affiliated to the trade unions with presence in the Enterprise Committees, will be represented, for all intents and purposes, by the union delegates elected by and among their affiliates in the company or in the workplace.

The number of union delegates per union section of the trade unions that have obtained 10 per 100 of the votes in the election of members of the Enterprise Committee, will be determined according to the following scale:

From 250 to 750 workers: One.

From 751 to 2,000 workers: Two.

From 2,001 to 5,000 workers: Three.

From 5,001 onwards: Four.

The trade union sections of those unions that have not obtained 10 percent of the votes in their election will be represented by a single union delegate.

In accordance with the provisions of the above, the legally constituted trade union shall communicate in writing to the Company's Directorate the person or persons who shall carry out the duties of the trade union delegate.

2. Duties of the trade union delegates: Represent and defend the interests of the union to whom it represents, and of the members of the union in the company, and serve as an instrument of communication between its central or union and the Directorate of the companies.

3. Attend the meetings of the Company's Committees and the company's internal organs in the field of safety and hygiene, with a voice and without a vote.

4. You will have access to the same information and documentation that the company must make available to the Business Committee in accordance with the law, being obliged to keep professional secrecy in the areas in which it is legally applicable. They will have the same guarantees and rights as recognized by the Law, Collective Agreements, etc., to the Committees of Enterprise.

5. 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.

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

A) About layoffs and penalties affecting union members.

(B) In the case of restructurings of staff, regulation of employment, transfer of workers when they are collective or of the general working centre and, in particular, project or business action which may affect substantially to the interests of the workers.

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

7. In the case of meetings, as regards procedure, both parties will adjust their conduct to the current legal regulations.

8. The Delegates will have their tasks to perform the trade union functions that are their own.

9. The union delegate, for the purposes of the accumulation of trade union hours, will be considered as a member of the Committee of Enterprise. In this respect, it shall only be entitled to accumulate such hours in those members of the Enterprise Committee belonging to its same trade union centre.

10. The companies will release the trade union delegates and the members of the Enterprise Committee, TC1 and TC2.

Article 70. Intercentre union delegates.

In companies with a number of workplaces that add more than 100 workers, the trade unions that are signatories to this Convention, which in turn enjoy the status of more representative, may each appoint a delegate. Member of the intercentres, elected by its members in the various centres, among the members of the Enterprise Committees, Staff Delegates or Trade Union Delegates, if any.

The intercentre trade union delegate has as a function to be informed and heard by the company in the treatment of matters of scope superior to that of the center of work. For the purpose of carrying out his duties, he may have access to the workplace prior to the employer's communication.

The trade union delegate may use trade union hours for the development of his activity as such, provided that they are given to him by the workers ' representatives.

Article 71. Works Committees.

1. Without prejudice to the rights and powers granted by law, the following functions are recognized to the Enterprise Committees:

A) Being informed by the Company's Management:

1. Quarterly on the general evolution of the economic sector to which the company belongs, on the evolution of the business and the situation of the production and sales of the entity, on its production program and

likely developments in employment in the company.

2. Annually, to know and to have at its disposal the balance sheet, account of results, the memory and, in the case that the company magazine the form of society, by actions or participations, of how many documents are to be made known to the partners.

3. Prior to their execution by the undertaking, on the restructurings of staff, total or partial closures, final or temporary, and the reductions of days, on the total or partial transfer of the business premises and on the company's vocational training plans.

4. Depending on the subject matter in question:

a) On the implementation or revision of systems of work organization and any of its possible consequences, studies of times, establishment of systems of premiums or incentives and valuation of jobs.

(b) On the merger, absorption or modification of the legal status of the company where this would entail any impact on the volume of employment.

(c) The employer shall provide the Business Committee with the model or models of contract of employment which it habitually uses, the Committee being entitled to make appropriate claims to the undertaking and, where appropriate, the authority competent labour.

(d) For statistics on the rate of absenteeism and their causes, accidents at work and occupational diseases and their consequences, the rates of accidents, the movement of unemployment and income and the promotions.

(b) Exercise surveillance work on the following subjects:

(a) Compliance with the rules in force in the field of work and social security, as well as the respect of the agreements, conditions or uses of the company in force, making, where appropriate, the appropriate legal actions before the company and the competent bodies or courts.

b) The quality of teaching and the effectiveness of teaching in the training and training centers of the company.

C) To participate, as regulated, in the management of social works established in the company for the benefit of the workers or their family members.

D) Collaborate with the company's management to achieve the fulfillment of how many measures the company's maintenance and productivity increase.

E) The Committee of Enterprise is recognized as a body of law as a collegiate body to exercise administrative or judicial actions in all matters relating to its jurisdiction.

F) The members of the Enterprise Committee, as a whole, shall observe professional secrecy as regards paragraphs 1 and 3 (A) of this Article, even after they cease to belong to the Enterprise Committee, and in particular all those matters for which the Directorate expressly points out the reserved character.

(G) The Committee shall ensure not only that, in the selection process of staff, the regulation is complied with, but also by the principles of non-discrimination, gender equality and the promotion of a rational employment policy.

2. Guarantees:

A) No member of the Business Committee or Staff Delegate may be dismissed or punished during the performance of his or her duties or within the year following his or her termination, unless the latter occurs by revocation or resignation, and provided that the dismissal or sanction is based on the action of the worker in the legal exercise of his or her representation. If the dismissal or any other sanction for alleged serious or very serious misconduct to other causes must be dealt with in the case of an adversarial file, in which the person concerned, the Business Committee or the other staff members shall be heard, and the delegate of the union to which he belongs, in the event that he is recognised as such in the company. In the case of dismissal of legal representatives of the employees, the option will always be the same, the readmission being obliged if the worker opts for it.

They will have priority of staying in the company or work center, with respect to other workers, in the cases of suspension or extinction due to technological or economic causes.

B) They may not be discriminated against in their economic or professional promotion because of the performance of their representation.

C) May exercise the freedom of expression within the company in the matters of its representation, being able to publish or distribute, without disturbing the normal development of the productive process, those publications of employment or social interest, communicating all of this in advance to the company and exercising such tasks in accordance with the current regulations.

D) Dispose of the credit of paid monthly hours that the Law determines. At the enterprise level, the hours of the various members of the Committee and Delegates of staff, in one or more of its components, may be accumulated without exceeding the total amount determined by the Law, and may be relieved or relieved of the work without prejudice to their remuneration. In any event, this circumstance must be communicated to the company at least forty-eight hours in advance and must be carried out for a predetermined period of time.

E) Without exceeding the legal maximum, the paid hours of the members of the Committees or Delegates of staff may be consumed in order to provide for the assistance of the members to training courses organized by their members. trade unions, training institutes and other entities.

Article 72. Union quota.

At the request of the unions, the companies will discount on the monthly payroll of the workers with written authorization of these, the amount of the corresponding union fee, that will be entered into the current account that appoint the union.

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

Article 73. Anti-union practices.

When, in the opinion of some of the signatory parties, it was understood that, in accordance with the provisions of Articles 12 and 13 of the Organic Law on Freedom of Association, there are acts that could be described as anti-union. may seek the protection of the right to the competent jurisdiction, through the process of judicial protection of the fundamental rights of the person.

CHAPTER XIII

Training

Article 74. Continuing training. Objectives.

The undersigned organizations of the 11th General Convention of the Chemical Industry subscribe in all their terms to the II National Agreement on Continuing Training in the functional and territorial areas of the Convention as a better way of organise and manage training actions to be promoted in the sector.

The organisations which are signatories to this Convention consider the continuing training of workers as a strategic element which makes it possible to reconcile the greater competitiveness of companies with individual training and training. professional development of the worker.

Article 75. Training courses.

1. Companies will be able to organise training and training courses for staff free of charge, with the aim of professional promotion and training. They will also be able to organise specific vocational training programmes for working women and retraining for technicians.

2. A Joint Committee consisting of four representatives of workers and four representatives of FEIQUE will be set up, which will aim to draw up vocational training plans designed to match the professional knowledge of the workers. workers to new technologies, and to facilitate vocational training.

It will be the functions of this Joint Committee, in addition to which the Second Continuing National Agreement recognizes the Sectoral Joint Commissions:

(a) To carry out, through specialized entities, studies of a projective nature with respect to the needs of the workforce in the chemical sector and their corresponding qualifications.

b) Propose and implement training actions in their various modalities and levels, either with programmes that may be taught in the enterprise training centres or those that may be set up in the future, such as through the national or international programmes developed by competent bodies.

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

d) Coordinate and follow the development of training courses for students who are received by companies within the framework of agreements signed at sectoral or company level.

e) To continuously assess all the actions undertaken, in order to review the guidelines, promote new activities and update the definition of the objectives of vocational training.

f) To establish an agreement with the Ministry or the corresponding regional department, in order to enable the access of professional training students in the best conditions to the practices governed by the companies.

Article 76. Joint Committee on Training.

In those workplaces which, under the Second National Training Agreement, are continuing to obtain grants for their training plans and which have 100 or more workers, they will be a Commission Training partners, whose members will be appointed by and between the representatives of the employees and the company, for the information and monitoring of the training plans. This Commission will ensure that specific programmes are promoted which facilitate professional development in the light of the company's industrial objectives and the training interests of the workers who need it most.

Article 77. Individual training permits.

Workers affected by this Convention may apply for individual training permits in the terms agreed upon in the Second National Continuing Training Agreement.

By the companies, all means will be put in place so that workers who request it can access this form of subsidized individual leave.

The training actions for which training permission may be requested should:

a) Not included in the Company's Training Plan or grouped.

(b) to be directed towards the development or adaptation of the technical-professional qualifications of workers and/or their vocational training.

c) Be recognized by an official title.

(d) training actions which do not correspond to the training of the person concerned are excluded from the training permit. However, the presential portion of the performed by the distance mode shall be permitted.

The duration of the permit will not exceed two hundred hours per year.

The management of the company may take into account, when assessing the application for a training permit, the production and organizational needs of the company, for which it will seek the opinion of the legal representation of the workers, as well as that the enjoyment of the permits does not significantly affect the performance of the work in the same.

CHAPTER XIV

Physical and psychic disabled

Article 78. Physically and mentally disabled.

1. Companies shall be able to engage staff with reduced capacity, who have their origin in a professional illness, accident at work or physical or physical mental wear, as a result of a long life at the service of the company, works appropriate to their conditions.

2. To be placed in this situation, preference will be given to workers who receive benefits or pensions lower than the current minimum interprofessional wage.

3. The order for the benefit set out in the preceding paragraph shall be determined by seniority in the undertaking or, in the case of equality, by the greatest number of children under age or unfit for work.

4. The remuneration to be paid by this staff shall be that corresponding to your new job.

Likewise, and in a manner compatible with the legal provisions in force, companies will be obliged to provide the places of subaltern with those of their workers who, by physical defect, illness or advanced age, cannot continue to perform their trade with normal performance, and provided that they do not have a pension for their support.

CHAPTER XV

Shift work

Article 79. Turnicity.

1. Definition: "continuous process" is understood to mean work which, due to technical or organizational needs, takes place twenty-four hours a day and during the three hundred and sixty-five days of the year, although it will eventually stop for repairs, maintenance, change of cycle or product, or any other reason other than workers, as well as causes of force majeure.

In addition, the provisions of this article will apply to those workers in productive processes during the twenty-four hours of the day that, with rotation and working Sundays and holidays, will not be carried out three hundred and sixty-five days of the year, but for a predetermined time. In this case, the guarantee of this article in paragraph 6.o will be in proportion to the period actually worked in this system.

2. Breaks: For workers on duty, and where the organisation of work so requires, the average day of the weekly rest provided for in Article 37 (1) of the Staff Regulations may be accumulated for up to four weeks. Workers, or to separate them from the corresponding one to the day for their enjoyment on another day of the week. In those undertakings, where the working shift worker is unable to enjoy the minimum rest between days laid down in Article 34 (3) of the Staff Regulations, the same may be reduced, on the day on which the worker is entitled to a minimum of seven hours, making up for the difference up to the 12 hours fixed in general in the following days (Royal Decree 1561/1995 of 21 September 1995 on Special Work Days).

However, the provisions of Article 2 of Royal Decree 1561/1995 will also apply to the system of rest periods.

3. Unanticipated absences: Workers on a shift basis, with the exception of manifest impossibility, must communicate with the maximum advance and diligence any incidence (absence, delays, etc.) affecting the relay system of their job and, failing this, confirm this end as soon as possible, even if the day has begun.

In the event that the absence of the relay is known to the company twenty-four hours in advance, it will be obliged to replace the outgoing one at the end of its day. Companies for these purposes will adjust the modification of the schedules (quadrants) of the workers concerned. The modification that produces such substitution will be the indispensable in time and change of quadrants.

In the event that the absence of the relay is not known to the company twenty-four hours in advance, and provided that the company's management cannot proceed to its replacement, the outgoing worker must remain in the position of employment for as long as the management of the undertaking may be required to replace it. Companies will also be able to adjust the time frames (quadrants) in the form provided for in the previous paragraph.

4. Rotation: In companies with productive processes during the twenty-four hours of the day, in the organization of work and shifts, the rotation of the same will be taken into account and that no worker will be in the night more than two weeks (Article 36.3 of the Staff Regulations), except for voluntary membership.

5. Travel of holidays: Companies, when making the quadrants, will be able to move the holidays worked throughout the calendar year.

6. Workers who perform duties on a "continuous process" basis, as defined in point 1.o of this Article, shall have minimum wages guaranteed by group for all concepts consisting of the following: annual amounts:

Group 1: 1.820.169 pesetas.

Group 2: 1,923,588 pesetas.

Group 3: 2.056.552 pesetas.

Group 4: 2.248,615 pesetas.

Group 5: 2,514,552 pesetas.

Group 6: 2.883,904 pesetas.

Group 7: 3.430,544 pesetas.

Group 8: 4.257.892 pesetas.

This SMG will be composed of all the concepts paid to the workers of each company, in normal or usual activity in unmeasured jobs.

The following concepts are not included in these SMGs: Antiquity and Job Position Complement (CPT) referred to in Article 32 of the Collective Agreement.

The difference between the Guaranteed Minimum Wage Table of the workers in shifts and the Table of Guaranteed Minimum of the rest of the workers corresponds to the work on shift throughout the year, so that Guarantee shall be applicable in proportion to the number of days worked per shift on the total number of days per year.

CHAPTER XVI

Mixed Committee

Article 80. Joint Commission.

Both negotiating parties agree to establish a Joint Commission as a body for the interpretation, reconciliation and monitoring of collective compliance with this Convention.

Article 81. Composition.

the Joint Committee is composed of six representatives of the workers and six representatives of the businessmen, who, among them, will elect one or two secretaries.

This Commission will be able to use the occasional or permanent services of advisers in all matters within its competence. Such advisers shall be freely appointed by each of the parties.

Article 82. Structure.

The Joint Commission, which is agreed upon, will be central to the entire country. In accordance with the nature of the matters submitted to it, the Central Joint Committee may delegate to decentralised joint committees located in Catalonia, the Basque Country, the Valencian Country, Madrid and Andalusia, as well as in those areas. where there is sufficient trade union and business structure to develop the functions of mediation and implementation in these areas.

However, when the issues to be dealt with in the interpretation of the agreement, the Central Joint Commission will only be competent.

Article 83. Procedure.

The matters submitted to the Joint Committee shall be of an ordinary or extraordinary nature. They shall grant such qualification FIA-UGT, FITEQA-CCOO or FEIQUE.

In the first case, the Joint Commission will have to resolve within 15 days, and in the second, the maximum of seventy-two hours.

The Joint Commission will proceed to convene, interchangeably, any of the parts that make up it.

Over the course of the three months following the entry into force of this Collective Agreement, and in accordance with the requirements regarding difficulties and schedule of action that the diverse territorial structure of FEIQUE, FITEQA-CCOO and FIA-UGT shall constitute the decentralised commissions referred to in the previous Article, to which the procedure laid down in the preceding paragraphs shall apply in order to operate.

Article 84. Functions.

The following are specific functions of the Joint Commission:

1. Interpretation of the Convention. This interpretation extends to the agreements on the accession, development and articulation of the Convention in order to ensure the absence of contradictions between them and the Convention itself, where there is consultation for this purpose.

2. At the request of the parties, the specific organs of the Chemical Sector integrated in the SIMA (Interconfederal Mediation and Arbitration Service), must mediate or arbitrate in the treatment and solution of all issues and conflicts of character collective agreements which may arise in the field of application of this Collective Agreement, provided that such individual or collective consultations have been submitted to the Joint Committee through one of the signatory organisations.

In this sense, the Joint Commission will coordinate its actions with the mechanisms of Mediation, Conciliation and Arbitration of the existing autonomous framework or that can be put into operation in the future.

3. Monitoring of the collective compliance of the agreed upon.

4. To understand, in a prior and compulsory manner, the administrative and judicial way of the interposition of collective conflicts arising in the companies affected by this Convention by the application or interpretation thereof.

5. The Joint Committee shall be provided with regular reports by the signatory parties to this Convention, other than those which may accede to the General Convention of the Chemical Industry, of the following wording:

5.1 Analysis of the economic-social situation with specification of the subjects related to employment policy and market, vocational training, investment, technological conversion, global levels of sales and foreign market, level of productivity, competitiveness and profitability of the various sub-sectors of the Chemical Industry, as well as immediate and medium-term forecasts developed by FEIQUE on an annual basis.

5.2 Report on the degree of application of the Collective Agreement, difficulties encountered, at the company level and proposal to overcome them. It shall be drawn up by the trade union federations and FEIQUE annually.

5.3 Be informed of the work, suggestions and studies carried out by the Joint Committee on Safety and Health at Work and the Environment.

5.4 Analysis of the evolution of employment on a quarterly basis, in the various subsectors affected by the Convention, being able to attend the meetings representatives of the affected subsectors.

5.5 Review and follow-up of European Regulations and Directives that have an impact on the industrial development of companies and sectors of the Chemical Industry.

6. To promote conferences, conferences, conferences, meetings, etc. on the issue of the Chemical Industry annually, at sectoral or sub-sectoral level.

7. To take the necessary steps before the Administration, in order to obtain aid that would allow for a greater de-judicialization of the collective conflicts.

To achieve these objectives the Joint Committee would include in the text of the Convention the relevant procedure.

8. Draw up the list of mediators and arbitrators to exercise as such in the conflicts arising in the Chemical Industry in accordance with the procedure laid down in the ASEC.

CHAPTER XVII

Voluntary conflict resolution procedures

Article 85. Scope.

This Agreement has the entire national territory and obliges companies and workers bound by the General Convention of the Chemical Industry.

Article 86. Conflicts under this procedure.

1. This Agreement regulates the procedures for the settlement of disputes between employers and employees or their respective representative organisations of the Chemical Industry.

2. This Agreement is not covered by this Agreement:

The conflicts that are about Social Security.

Those in which the State, Autonomous Community, Diputations, Councils or agencies dependent on them are party that are prohibited from the transaction or agreement.

Article 87. Collective conflicts.

1. They shall be subject to the voluntary procedures for the settlement of disputes covered by this Title, such disputes or labour disputes involving a plurality of workers, or in which the interpretation, the object of the divergence, it affects supra-personal or collective interests.

2. For the purposes of this Title, they shall also have the character of collective conflicts which, however, are to be extended or generalizable to a group of workers by an individual worker.

Article 88. Organs of mediation, arbitration and procedures.

The specific mediation and arbitration bodies set up by the Central Joint Commission will be fully integrated into the Interconfederal Mediation and Arbitration Service.

The procedures for solving collective conflicts are:

(a) Prior intervention, with a mandatory nature, of the Joint Committee in the conflicts of interpretation and application of the Collective Agreement. In this case, the Joint Committee shall exercise directly the function of mediation or appoint mediators or arbitrators to that effect, in accordance with the rules of procedure laid down in this Convention.

b) Mediation and arbitration of specialised bodies in accordance with the principles and procedures laid down in the ASEC (Articles 6 to 11) and in the Regulation implementing it.

Article 89. Mediation.

In individual conflicts the procedure will be voluntary and will require agreement of the parties.

When the conflict is a collective one, mediation will be obligatory in all cases when it comes to a conflict of interpretation of the Convention or of interests, and must necessarily precede the corresponding conflict. judicial action.

In any event, the Joint Commission will intervene, on a prior basis, in those conflicts of interpretation and application of the Convention which have been submitted to it, in accordance with the principles and procedures laid down in the Convention.

The specific organ of mediation of the Chemical Sector integrated in the SIMA will act, in a prescriptive manner, in the cases referred to in Article 6 of the ASEC and in Article 12 of the Implementing Regulation.

The mediation may be requested by mutual agreement or at the request of a party, after having tried within a minimum period of one month the solution of the conflict in the framework that originated.

In the request for mediation, addressed to the decentralized Joint Commission or the Central Committee, the questions on which the conflict is concerned, as well as the proposals of the requesting party or both, will be pointed out.

The parties or parties seeking mediation may propose a mediator from the lists drawn up by the Joint Committee or ask the Commission to exercise such a function or to appoint it. In any event, the decentralised Joint Committee in the field of conflict or, if not, the Central Joint Committee, will examine the question raised and its possible mediation. The Joint Committee shall carry out such tasks by appointing a mediation committee, acting by consensus, composed of a representative of each of the signatory organisations. Where the request for mediation is made by one of the parties and is proposed by a mediator, the other party may take it as such or appoint a second mediator to intervene jointly with the first mediator. Where the request for mediation is joint, the proposal for a mediator or mediator may also be the case.

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

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

Article 90. Arbitration. Irrespective of the arbitration which, by mutual agreement, may result from the above mediation procedure, an arbitration procedure for the settlement of disputes may be concluded as follows:

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

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

Name of the appointed arbitrator or arbitrators.

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

Domicile of the affected parties.

Date and signature of the parties.

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

4. The designation of mutual agreement of the arbitrator or arbitrators shall be free and shall be subject to impartial experts.

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

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

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

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

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

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

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

The specific arbitration body of the Chemical Sector integrated into the SIMA may be arbitrated whenever it is requested jointly by the parties, in accordance with the rules of procedure of the ASEC and the Implementing Regulation of the itself.

Article 91. Joint Committee.

For the purposes of this chapter, the Joint Committee shall have the following powers and powers, and in a primary manner:

a) Approve an operating rule.

b) Set the list of mediators and referees.

(c) Encourage the use of these procedures as a means of concertation and a solution to the dialogue of labor conflicts.

d) Spread the content of what is here agreed between workers and entrepreneurs.

e) To analyse the results of these procedures in the light of studies and reports prepared by the Secretariat of the Commission.

Additional disposition first. Pharmacy, Zoosanitary and Phytosanitary Industry.

The study on professional classification has been annexed to the text of this Convention, which has drawn up the industry of Pharmacy, Animal Health and Plant Health for the adequacy of the same to these sub-sectors (Annex). In relation to the same, the provisions of the second transitional provision shall be taken into account.

Additional provision second. Replacement of the labor ordinance.

the General Collective Agreement of the Chemical Industry replaced the Labour Ordinance of the Chemical Industry, which was repealed by Order of 17 February 1988, and for all purposes, constitutes the conventional rules applicable to the labour relations in this sector.

Additional provision third. Professional classification.

The signatories to this Convention consider it appropriate and therefore recommend that the subsectors included in the functional scope of this Collective Agreement draw up and submit to the Joint Commission a study on classification which will be attached, subsequently to the text of the Convention.

In the absence of such a study, it will be governed by the professional classification that is generally established in the Convention.

Additional provision fourth. Joint committee on working women.

It is agreed to constitute a Joint Commission between the signatories of this Convention in order to study, during the period of validity of this Convention, the possible inequalities that may arise concerning the working woman in the Industry Chemistry.

Within three months of the signing of the Convention, this Commission will draw up a concrete work plan to implement its objectives.

Additional provision fifth. Retroactive guarantee of increases in the Convention.

The increases set for each year of the Convention, as well as the wage revision resulting from the deviation of the actual year-end CPI on which it has initially served, are with retroactive effect. 1 January of each year, with all workers discharged during the term of the Convention affected by it and for the entire period in which, during the year, they have been active in the undertaking, even if the determination of the percentages to to be applied after the termination of their employment relationship.

Additional provision sixth. Assessment of the implementation of the Convention.

In the first quarter of the second year of validity of the Convention, the Central Joint Commission will take stock of the implementation of the General Convention through a survey to be carried out by the Central Joint Committee and which will be forwarded to all companies concerned.

This survey should consist of two bodies, one addressed to the company's management and the other to the workers ' representatives.

Additional provision seventh. Implementation of the Convention.

Once the XI General Convention of the Chemical Industry is in force, it is necessary to apply it at the company level. In the text of the Convention and in each of its articles, the intervention to be carried out by the workers ' representatives is indicated in order to comply with it.

On the other hand, given the density of conventional text and the sole effects of making it easier for those concerned to apply the Convention correctly, the signatories believe it is appropriate to outline in this clause the aspects of This Convention requires the intervention of workers ' representatives, with regard to these interventions and their arrangements for the specific provisions of each of the articles of the Convention.

I. With annual periodicity.

a) As a priority in time.

Wage Structure: Article 28.

MSB and Distribution of the same: Article 32.

Application of salary increases for each year: Article 32.

Day Ordination: Article 40.

Work Calendar: Article 42.

Professional Classification: Articles 20-23.

b)

Templates, productions, and hiring modes: Article 15.

Extraordinary Hour Analysis: Article 41.

Annual Prevention Plan: Article 61.

Information and monitoring of the economic and industrial situation in the company: Article 69.

II. By virtue of the particular circumstances of each case.

Organization of Work: Article 7.

Implementation of a new income system: Article 9.

Introduction of new technologies: Article 10.

Income Tests: Article 11.

Temporary work enterprises: Article 16.

System of assessment in the competition-opposition and its concrete application: Article 18.

Amortization of vacancies: Article 15.

Changes in incentive systems: Article 9.

Monthly Overtime Tracking and Compensation System: Article 41.

Notification of sanctions: Article 57.

Quarterly economic information and other labour information identified in Article 64 of the Workers ' Statute and Article 71 of the Convention.

Training: Chapter XIII.

Additional disposition octave. Employment.

The signatories undertake to analyze and study annually, the behavior of employment in the sector as a whole, using the usual means of information and follow-up.

Additional provision ninth. Trade union dialogue in companies.

The organizations that are signatories to the present Convention of the Chemical Industry, agree to recommend the trade union dialogue with the addresses of the companies in those matters that exceed the fields of (a) working center, individually considered, and affecting the provisions of this Collective Agreement, without thereby implying more guarantees or prerogatives than those provided for in the Organic Law on Freedom of Association and in this Convention.

Additional provision 10th. Training.

Decisions to be taken by the Joint Committee on the establishment of indicative criteria for the preparation of the Sector Training Plans referred to in Article 18.b of the Second National Training Agreement It shall continue to be forwarded to the parties to the present Convention for further processing and approval, having the same effectiveness and validity as provided for in this Convention, to which the end of the Convention shall be forwarded to the labour authority for its purpose. application.

In all the provisions of this Convention for the Development of the Second National Agreement on Continuing Training of 19 December 1996, the Second National Agreement and the decisions of the Joint Committee will be available. State of the said Agreement as to the Tripartite Commission of Continuing Training.

First transient disposition.

To occur during the term of the Convention, bipartite or tripartite interconfederal agreements in whose content it affects the provisions of this Collective Agreement, as well as in relation to the recent Agreements Interconfederal, the Joint Commission will concretize its application to the field of the Chemical Industry. The Agreements to be reached in this regard will have the value of the Convention, coming into force at the time it is agreed.

Second transient disposition.

The signatories of this Convention believe it is appropriate to set up a Technical Commission to study the problem of the professional structure of professional groups, proposing, if necessary, to the Negotiating Commission. amendments which it deems appropriate.

This study will also include the issue of the annex on professional classification of the sub-sectors of the pharmaceutical, animal and plant health industries, including the commercial network.

For these purposes, the signatory parties undertake to adapt the Annex to this Annex by 31 December 1997. If, within that period, the general classification referred to in Chapter IV of the Convention is not reached, the general classification referred to in Chapter IV of the Convention shall apply, unless otherwise agreed.

This commission will be equal and will be composed of six members representing FEIQUE and six representing the signatory unions and must be constituted within one month of the signing of the Convention.

Transitional provision third.

the Joint Committee, in its first meeting of the 11th Convention, will specify a model of receipt of salaries that can be used by companies when implementing the wage increase of 1988. This model shall be incorporated in the text in Annex 3.

Single end disposition.

The parties to this Collective Agreement acquire a commitment not to open new routes of employment within the functional scope of the General Convention of the Chemical Industry, as well as to not promote the maintenance of the regional and provincial sectoral collective agreements that currently exist.

ANNEX I

Professional classification of subsectors of industries

pharmaceutical, animal health and plant health

1. Developing the professional classification laid down in Article 11 of the 1981 review of the General Convention of the Chemical Sector, in compliance with the provisions of the transitional provision of the revised revision for 1981, the professional system for the allocation of tasks and tasks, to the groups provided for in the Convention, for the pharmaceutical, animal and plant health sectors.

2. The classification will be performed by interpretation and application of the general criteria and by the most representative basic activities. In the case of concurrency in a job of basic tasks corresponding to different professional groups, the classification will be carried out according to the activities of the higher professional group.

The classification will not in any case mean that the jobs of each professional group are excluded, the carrying out of complementary activities, which would be basic for positions included in professional groups lower.

3. Exclusive effects of professional classification, in order to have a single and homogeneous criterion in the definitions of posts and tasks and without this being the obligation to conform to such terminology, or to modify the structure and organization of the companies, the following terms, will have the following meanings:

3.1 Operational Unit: A homogeneous and concrete set of operations within a functional unit.

3.2 Functional Unit: A homogeneous unit of work in which functional sectors or higher units are organically divided.

3.3 Functional Sector: Organic grouping of functional units, whether integrated or not in higher units.

3.4 Job position: Permanent set of responsibility and tasks delegated by the company and assumed by the worker.

4. Specific attribution of tasks and functions.

4.1 Professional Group 0:

a) Address and sub-direction functions.

b) Functions that involve the responsibility of higher organic units (factories, plants, divisions, etc.) and require a personal work of high management.

c) General approach of the company.

d) The direction and programming of research, manufacturing, commercial, administrative, financial, human resources, etc.

e) Similar activities, according to the structure and peculiar organization of each company.

4.2 Professional Group 8:

a) Functions consisting of planning, ordering, and monitoring services.

b) Consistent with systems, processes, and work circuits.

c) The development of high-level management and research tasks with programming, development and accountability for results.

d) Responsibility for the control, planning, programming and development of the set of computing tasks.

e) Any other function that meets the general criteria indicated for this group.

4.3 Professional Group 7:

a) The technical responsibility of a laboratory or the set of several laboratories in medium-sized enterprises.

b) Technical responsibility for an industrial process or a functional, manufacturing unit or the entire process in medium-sized enterprises.

c) Realization of research functions, with the responsibility of a specific and defined object.

d) Technical responsibility for functional maintenance units, facilities and their services.

e) Technical responsibility for administrative or commercial functional units.

f) Analysis of Computer Systems.

g) Responsibility for the operation of a computer or the set of data processing services in medium-sized units.

h) Functions of management, coordination and control of the commercial activity, as well as of the personnel, of an area or commercial or geographic demarcation, with responsibility for the fulfillment of objectives.

i) Commercial launch and/or the ones described in the previous section for jobs of the commercial organic group of the Sub-sector of the Animal and Phytosanitary Industry.

j) Any other function that meets the general criteria indicated for this group.

4.4 Professional Group 6:

a) Responsibility for the management, coordination and supervision of the execution of administrative, productive, maintenance and/or service tasks of a functional sector or set of functional units.

b) Technical functions, which consist of collaborating in the application of analysis techniques, research work, process development or maintenance, production or administration programs.

c) Technical or professional functions that consist of collaborating, with the application of knowledge of such nature, in works developed by the managers of higher units of the company and in follow-up of the instructions of the same. They can understand studies, reports, scientific or industrial determinations, surveillance or technical control of processes.

d) Professional technical-commercial support functions.

e) Analysis of Computer Applications.

f) Medical visit and promotion functions, with the requirement and requirements indicated in the professional group 5, (k), which also include the supervision and coordination of a team of professionals, with responsibility for the set objectives.

This function normally carries the responsibility of keeping the training of your employees up to date. Control functions, in all their activities, to the commercial animal health products of Group 5, in a given geographical area, with support for the commercial management of the same, bearing the responsibility of keeping the training of their employees.

g) Any other function that meets the general criteria indicated in this group.

4.5 Professional Group 5:

(a) Activities which consist of the sorting of tasks and jobs of a full production shift, where the size of the undertaking or shift does not require the presence of higher intermediate controls.

b) Activities that consist of the management of tasks and jobs of a functional unit of production or packaging, with monitoring of facilities and process monitoring.

c) Activities that consist of leading an operational unit of industrial trades.

(d) Monitoring activities for the practical implementation of the various analytical tasks, with the control of these tasks and according to specifications.

e) Project development and development tasks, according to instructions.

f) Responsibility for the implementation, monitoring and control of means and security measures.

g) Administrative tasks involving the coordination and supervision of those performed in a functional unit of this character.

(h) Accounting tasks consisting of gathering the items supplied by their assistants and drawing up states, balance sheets, cost analysis, forecasts and similar works, on the basis of the company's accounting plan.

i) Activities that consist of writing computer programs based on the information provided, documenting them with responsibility for their checking and monitoring.

j) Tasks of translation, correspondent, taquimecanography and foreign language conversation involving the domain of the same.

(k) The posts which respond to the definition in paragraph (j) of the professional group 4, their functions shall relate wholly or in part to products whose issue requires optional prescription.

l) Any other function or task that meets the general criteria indicated for this group, the common characteristic of which consists in the planning of the execution of tasks of a large group of jobs, without (i) the introduction of techniques, but the monitoring of techniques, according to the instructions received.

4.6 Professional Group 4:

(a) Activities for the control and regulation of industrial processes, production or general manufacturing services, where they require initiatives and reasoning by those responsible for their implementation, with or without assistance from others jobs and indication of the operations to be carried out by the latter.

(b) Driving vehicles, with or without the distribution of goods by their driver, requiring the possession of a driving licence of Class C, D or E.

(c) Industrial trade activities, with sufficient training to perform each and every task of an industrial office and to schedule its execution, with full and complete practice of its task, with assistance or not of other posts and indication of the operations to be carried out by the latter.

(d) Activities that consist of physical, chemical or biological analysis and laboratory and/or field determinations carried out under supervision, without the need to always indicate standards and specifications; The invention also relates to the care of the apparatus and to the approval thereof, the preparation of the necessary reagents, the obtaining of samples and the extension of the certificates and the analysis bulletins, which are supported or not by lower professional groups.

e) Outline work performed according to criteria received, with help or not from lower group positions.

(f) Activities consisting in the preparation of payment documents for salaries, settlements for social security or taxes, labour valuations and ancillary calculations, complementary or derived from the foregoing, with analysis and breakdown of remuneration and personnel costs, calculation of premiums, incentives, commissions or overtime; all on the basis of data collected, processed or analysed directly and with knowledge of the wage regulations, concerning the contribution of social security contributions and the payment of social security benefits or taxes. It can be seconded by positions of the lower groups.

g) Activities that, with initiative, responsibility, knowledge and the ability to be seconded by lower groups, consist of:

Set, based on accounting documents, a portion of the accounting.

Drafting commercial correspondence.

Pricing and Outrageous Calculations, Offering Valuation, Order and Supply Management Management, with the

responsibility for full processing.

Administrative processing of imports and exports.

Making and monitoring of "plans" and work programs, study of circuits of the same.

Forecast calculations based on data directly collected, following an established system.

h) Taquimecanography in Spanish, provided that they reach 100 words per minute in shorthand and 240 clicks in typing, or according to generic verbal indications.

i) Activities that, using the necessary computer unit, consist of operating the peripheral units, answering the operating system messages and programs by the team console and selecting the outputs, agreement with established schedules and control.

j) Medical visit activities and promotion of products and specialties, both in consultation and in hospital centers and pharmacy offices, through the transmission of appropriate information and according to instructions received, and with the programming established.

This activity involves the permanent update of the information to be transmitted.

Information activities, promotion and distribution of animal health products to veterinarians, wholesale centers, pharmacy offices, associations and livestock cooperatives, within the assigned geographical area, according to the instructions received and the schedule set. This activity involves, on the one hand, the permanent updating of the information to be transmitted, as well as the responsibility of the deposit in its capacity in the event that it is.

k) Any other activity or tasks that meet the general criteria indicated for this group.

4.7. Professional Group 3:

(a) Activities in the manufacture of pharmaceutical, animal and similar forms requiring a high degree of specialisation and skill.

(b) Operating and monitoring the operation and regulation of a line or part of a packaging or conditioning chain with the collaboration of operator of posts, including groups 1 and/or 2.

c) Operating and monitoring the operation and regulation of packaging and/or conditioning machinery, the handling of which is complex, i.e., requiring multiple manual actions, multiple dosing or other similar regulations performed according to established programs and instructions.

d) Development of surveillance operations and regulation of industrial processes of base products or supplies of general manufacturing services in collaboration or not with other positions, but always under supervision systematic.

e) Industrial trade activities, which require sufficient training to perform the normal tasks of the same, indicated in concrete form, without involving the practical programming of the same, with help or not from others posts.

f) Sworn or armed surveillance, involving the responsibility for the control of persons, things and facilities.

g) Administrative tasks that consist of, among others:

Bring a general file, with classification of documents and control of inputs and outputs of them, with initiative.

Take record of people or things, with total responsibility for the task, following general instructions.

Perform an integrated operation by various calculations or procedures, with responsibility for the correct execution of the process.

Performing typing tasks (with speed between 150 and 240 pulsations per minute) and shorthand (with speed of at least 80 words per minute) involving, in addition, the dispatch or writing of correspondence according to specific format or instructions.

h) Telefonists, without the need for foreign language proficiency.

i) Telex operators.

j) Payment and home payment functions.

k) Recording on data collection machines.

l) Warehouse activities which, in addition to manual loading, unloading, stacking and distribution tasks, with or without the help of mechanical elements, involve checking of inputs and outputs of goods, under instructions and giving the person responsible for the services; weighing and dispatching the services, with the completion of the barns and parts.

m) Calcate of planes.

n) Performing routine analysis operations, performing simple analyses, under specific instructions and direct control; taking and preparing samples for analysis, with preparation of the necessary material; follow up with precise instructions for analytical processes performed in laboratories or pilot plants. Performing routine agricultural treatment operations under specific instructions and direct control. Sampling and preparation of samples for counting. Comprises the care and cleaning of the laboratory material.

n) Any other task that meets the general criteria indicated for this group.

4.8. Professional Group 2:

a) Simple or routine operations in the manufacture of base products.

(b) Activities consisting of mixtures and preparing, according to specifically established dosage, raw materials for the production of products, either manually or by means of machinery for which no other training is required the knowledge of specific instructions.

c) Operating activities in conditioning and/or packaging of regulation and tuning.

d) Activities that consist of the correct preparation of analysis material and the samples to be analyzed; conservation of analytical means and aid to analytical tasks, under direct control.

e) Tasks of the industrial trades, preferably of aid or support, carried out according to the precise instructions in each case.

f) Activities of goalkeeping and reception of persons, responsibility for the passage of the same or goods; annotation and control of entrances and exits, in the corresponding registers, as well as their identification.

g) Monitoring of buildings and premises, with sufficient responsibility to control persons and things; the proper functioning of light, water and similar services, as well as fire detectors, and the attention of emergencies that may occur.

h) The operation and feeding of document reproduction machines.

i) Administrative jobs that consist, among others, in:

Typing, with proper presentation and spelling correction, as well as typing of tables, summaries, statistics, printed and documents.

Archive, as per program set.

Perform arithmetic calculations that are directly assigned.

Complete Invoices and Albarans, as well as printed and easy to understand documents, according to data provided.

Routine order fulfillment.

j) Any other task that meets the general criteria indicated for this group.

4.9. Professional Group 1:

(a) Those consisting of cleaning of premises, facilities, machinery, laboratory equipment, equipment and clothing.

b) Operations that consist of manual loading, transportation, stacking and unloading, or with the help of simple handling mechanical elements.

(c) Operations consisting of collecting packages or correspondence and taking them to their destination; carrying out errands or orders and transporting manually or by means of forklifts, office machines, small packages or the like; involving personal attention. Where such tasks or those described in subparagraph (b) require the use of vehicles for which driving is required to be a driving licence of Class A, they shall be classified in the professional group 2 and if such use requires class B permission, They will qualify in the professional group 3.

d) Operations that consist of feeding the production chains.

e) Operations that consist of collecting, stacking, and conditioning the containers made in production chains.

f) Manual activities in packaging and/or conditioning.

g) Manual packaging operations.

h) Operations that consist of conditioning in boxes, containers, etc., the products or products packaged.

i) Elementary operations in simple machines, understood by those that do not require specific training and knowledge.

j) In general operations that are executed according to specific instructions, clearly established, with a high degree of dependence, that require preferably physical effort and/or attention and that do not require specific training, but of a period of adaptation.

k) Other analogous operations.

ANNEX 2

Model to be filled for professional classification consultations with the Joint Commission of the General Convention of the Chemical Industry

FUNCTIONAL LOCATION

Job holder

Company N. or affected workers

Section Department

Naming the position

Top queried (charge)

GEOGRAPHIC LOCATION OF THE ENTERPRISE

Home City

Job Center N. or Workers

POSITION DESCRIPTION

HOJA 2

Main functions you perform in your job (for clarity, draw a horizontal line by separating each task from the next)

1. Daily tasks

2. Periodic or occasional tasks (indicating average periodicity)

-Company-proposed professional classification:

Group

-Professional classification proposed by the workers ' representatives or by the workers concerned:

Group

Date:

THE INTERESTED

THE COMPANY

KNOWLEDGE REQUIRED FOR FUNCTION PERFORMANCE

HOJA 3

TRAINING/ACADEMIC/PROFESSIONAL/LANGUAGES/EXPERIENCE

REQUIRED FOR

PERFORM THE

FUNCTION

Primary studies. Knowledge acquired in practice

1/No language required

1/Up to 1 month

1

EGB. School graduate. Elementary Bachelor. Industrial Office

2/Knowledge of a

foreign language

2/Up to 3 months

2

Vocational Training 2.o degree. Industrial Master's degree, as in the previous one, more courses of administrative, commercial training, etc. Vocational training or careers in the framework of the training plans of the company itself

3/Domain of a foreign language

3/Up to 9 months

3/Bachiller Superior. BUP or COU

3

First university cycle or Medium Graduate, or more courses of certain technical or social complexity

4/Domain of one foreign language and knowledge of another

4/Up to 18 months

4

Titled top, or first college cycle, Undergraduate Middle more senior vocational training courses

5/Two foreign languages domain

5/Up to 3 years

5

Titled top more postgraduate courses

6//Over 3 years

6

* POINT TO ONE (X), IN EACH CONCEPT, THE LEVEL REQUIRED FOR THE POSITION.

INITIATIVE/AUTONOMY

HOJA 4

AUTONOMY

a) On what occasions do you decide on your own?

b) On what occasions do you decide according to fixed rules?

c) On what occasions do you consult your boss?

DIFFICULTIES

HOJA 5

COMPLEXITY OF THE JOB

SPECIAL SKILLS

ENVIRONMENTAL CONDITIONS

RESPONSIBILITY

HOJA 6

RESPONSIBILITY FOR FUNCTION AND/OR RESULT (liability for possible failures or errors that may occur in the performance of the function)

RESPONSIBILITY FOR INTERNAL OR EXTERNAL RELATIONSHIPS (with other people in or outside the company)

MANDO

HOJA 7

Denomination of the top position to which it occupies and which it depends on hierarchically.

Denomination of the position you occupy

Jobs or subordinate units

N. or people:/N. or people:/N. or people:

Tasks that you coordinate: