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Resolution Of 3 July 1997, Of The General Directorate Of Labour, By Which Registration Is Available In The Register And Publication Of The Text Of The National Collective Agreement For Trade Enterprises To The Wholesale And Product Importers...

Original Language Title: Resolución de 3 de julio de 1997, de la Dirección General de Trabajo, por la que se dispone la inscripción en el Registro y publicación del texto del Convenio Colectivo nacional para las empresas de Comercio al por Mayor e Importadores de Producto...

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TEXT

Having regard to the text of the National Collective Agreement for the Wholesale and Importers of Industrial Chemicals and of Droguery, Perfumery and Annexes (code number: 9901095), which was signed on 26 September. May 1997, on the one hand, by the business associations FEMPDA and FEDEQUIM, on behalf of the companies in the sector, and on the other, by the trade unions CC.OO. and UGT, representing the working group concerned, and in accordance with the Article 90 (2) and (3) of the Royal Decree-Law 1/1995 of 24 March 1995, approving the recast of the Law of the Workers ' Statute, and in Royal Decree 1040/1981 of 22 May on the registration and deposit of collective labour agreements,

This Work General Address agrees:

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

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

Madrid, July 3, 1997. -Director General, Soledad Cordova Garrido.

COLLECTIVE AGREEMENT FOR WHOLESALE AND IMPORTERS OF INDUSTRIAL CHEMICALS AND DRUGSTORES, PERFUMERY AND ANNEXES

CHAPTER I

Scope

Article 1. Territorial scope.

The rules of this Convention shall apply throughout the territory of the Spanish State, except as provided in the article of concurrency of Conventions.

Article 2. Functional scope.

All companies that have as their principal activity one of the following are subject to the provisions of the Convention:

Wholesale trade and importers of industrial chemicals.

Wholesale trade and importers of perfumery and drugstore.

Wholesale trade and importers of plastics products.

Wholesale trade and importers of paint products.

Wholesale trade and importers of colouring products.

Wholesale trade and importers of sanitary scientific material.

Wholesale trade and importers of pharmaceutical raw materials.

Wholesale trade and importers of laboratory and orthopaedic material.

Wholesale trade and importers of orthopedics products.

Article 3. Personal scope.

This Convention shall affect all staff employed in the work centres of undertakings falling within the territorial and functional scope described above, with the exception of Article 1 (2) and (2) 3.o, of the Workers ' Statute.

Article 4. Temporary scope.

This Convention shall enter into force on the basis of its publication in the Official Gazette of the State. Its duration will be until 31 December 1998.

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

The payment of any salary arrears accrued on the occasion of the economic retroactivity shall be paid within one month, from the day of publication in the "Official Gazette of the State" or by agreement with the representatives of the workers.

However, the undersigned organisations recommend to their partners the immediate application of the economic effects of this Convention.

This Convention shall be deemed to be denounced without the need for media communication, both parties committing themselves to initiating the negotiation of a new Convention two months before the end of their validity.

Article 5. Indivisibility of the Convention.

The conditions agreed in this Convention form an organic and indivisible whole and for the purposes of their practical application they will be considered as global and jointly as a result of the fact that the Labour Authority in the exercise of its powers would challenge any of its clauses, would be without practical effectiveness in its entirety, having to reconsider all its content.

In such a case, the Joint Joint Committee shall be obliged to initiate the new deliberations within a maximum of three days from the notification of the administrative decision.

Article 6. Concurrency of the Convention with working conditions derived from other sources.

The provisions of this Convention shall not apply to undertakings and workers which, in their functional field, are currently governed by another collective agreement, except by mutual agreement. opt to accede to this Convention. However, the parties to the present Convention express their wish that the Convention itself constitutes an effective reference for regulating all that which is not expressly provided for in those company Conventions, as a rule supletoria.

Article 7. Personal guarantees.

The working conditions above those laid down in this Convention, considered as a whole and on an annual basis, shall be respected individually. Such a guarantee shall be of a purely personal nature, without it being capable of being linked to a job, professional categories and/or professional groups and other circumstances, and therefore the staff of the new income shall not be able to plead in their favour. the most beneficial conditions enjoyed by the workers who previously employed the jobs to which they are intended or promoted.

Article 8. Conditions following the entry into force of the Convention.

The future legal provisions that will lead to a change in all or some of the existing remuneration concepts at the date of the enactment of the new provisions or which involve the creation of new, unique and they shall have practical effectiveness in so far as they fully and in annual accounts exceed the total level of this Convention. Otherwise they shall be deemed to be absorbed under the terms of this Convention.

Article 9. Right of supply.

The Labor Ordinance on Trade dated July 24, 1971, was expressly repealed by this Collective Agreement, and the State-wide Labor Agreement for the Trade Sector was established as a supplementary legislation. (a) of 21 March 1996, for which the former Labour Ordinance is repealed; likewise, the Staff Regulations shall also apply to the present Convention in so far as it does not object to the content of this Collective Agreement.

CHAPTER II

Professional classification

Article 10. Functional classification.

Workers affected by this Collective Agreement, 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 11. Definition of professional groups.

This article defines the professional groups that group the various tasks and functions that are performed in the companies of Commerce and Importers of Industrial Chemicals and Drogueria, Perfumeria and annexes, within the functional organic divisions in which they can be divided.

Such functional organic divisions can be:

A) Store, Services, and Auxiliary Activities.

B) Maintenance.

C) Administration and Informatics.

D) Commercial and Sales.

Defining the factors that influence the determination of membership of a particular professional group:

Autonomy. -Factor for whose assessment the greater or lesser hierarchical dependence on the performance of the function that is developed should be taken into account.

Command. -Factor for which assessment should be taken into account:

A) Task ordering capability.

B) Interrelation capacity.

C) Nature of the collective.

D) Number of persons on whom the command is exercised.

Responsibility. -Factor for whose assessment both 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 must be taken into account.

Knowledge. -Factor for whose assessment it must be taken into account, in addition to the basic training necessary to be able to correctly fulfil the task the degree of knowledge and experience acquired, as well as the difficulty in the acquisition of such knowledge and experience.

Initiative. -Factor for whose assessment the greater or lesser submission to guidelines or rules for the execution of the function should be taken into account.

Complexity. -Factor whose assessment is based on a larger or smaller number, as well as a greater or lesser degree of integration of the various factors listed above, in the task or entrusted.

It should also be taken into account when qualifying the jobs, the size of the company or the productive unit in which the function is developed.

Article 12. Professional Group No 1.

General criteria.

Functions that are executed according to the specific instructions clearly established, with a high degree of dependency of the most direct, or hierarchical, responsible, emanated in one or several times on the same day or in different days, that require physical effort and/or attention, and do not need 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:

Simple machine operations, based on those that do not require specific training and knowledge.

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

Tasks that consist of recesses, assignments, manual transportation, carrying or matching, driver's assistant, etc.

Elementary recovery tasks.

Cleaning tasks in general, even machinery and other items.

Packaging and packaging operations.

Monitoring of buildings and premises without special requirements.

Any other analogous function that meets the general and training criteria attributed to this professional group.

Article 13. Professional group number 2.

General criteria.

Functions consisting of operations carried out following a precise and concrete working method, being supervised by its hierarchical responsibility, requiring prior professional knowledge of a general nature and practical experience.

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:

Preparation of orders, understanding the function of removing the products from the shelves, packing them and labeling them for further shipment.

Transport and palletizing tasks, performed with mechanical and motor-driven elements.

Quality control and verification tasks.

Operating activities in conditioning with regulation, tuning, and cleaning of machines, such as: Envolvators, packers, packers and other auxiliary machines of the industry.

typing, file, record, calculation, billing, or similar administration tasks.

Charges for collections (old collector).

Functions referred to the reception and realization of telephone calls and/or visits.

Functions relating to telex or fax operations.

Tasks of masonry, electricity, carpentry, painting and mechanics, carried out by operators who start in the practice of the same.

Any other analogous function that meets the general and training criteria attributed to this professional group.

Article 14. Professional group number 3.

General criteria.

Functions that are executed according to the instructions of the hierarchical officer, with a certain degree of autonomy and responsible for his work before him, requiring for his execution adequate professional knowledge and practical skills.

Training: The basic training required is the equivalent of the 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 similar to the following:

Masonry, electricity, carpentry, painting, mechanical, etc., with sufficient capacity to perform the normal tasks of the trade.

Computer Operator.

Secretariat, able to write directly to the process according to verbal indications.

Drafting of commercial correspondence, calculation of prices in view of offers received, receipt and processing of orders 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.

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

Outline and drawing tasks.

Driving functions with distribution, with class C, D or E meat, understanding that you can combine the activity of driving with the distribution of goods.

Commercial tasks (sales agents or the like).

Functions regarding the reception and making of telephone calls and/or visits with foreign language/s requirements.

Any other analogous function that meets the general and training criteria attributed to this professional group.

Article 15. Professional group number 4.

General criteria.

Functions that are executed with a high degree of responsibility and autonomy and realizing what has been done before your immediate superior, coordinating and directing your group.

Training: The required level of training is the equivalent of the BUP or FP, which can be completed or replaced by a specific and practical professional experience.

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

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

Computer programming functions.

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

Direct command tasks on a group of operators, with supervision of the group's activity, following orders from its immediate superior. It may also be responsible for a unit of production, services, or administrative process, which for the reduced dimensions of the company do not require organic subdivisions.

Performing technical functions, which require an average academic level, which can be used to collaborate in research, quality control, studies, control of industrial processes or in professional services, or scientific advice. At the same time, they can develop and develop projects, for which specific instructions have been received.

Any other analogous function that meets the general and training criteria attributed to this professional group.

Article 16. Professional Group No 5.

General criteria.

Functions that are executed by coordinating and integrating under their command a number of people, both in a section or several, composing an organization chart of production and management, with a high degree of responsibility and autonomy in terms of the management of the work, while having at the same time professional experience in the company itself or in other specific knowledge of the work to be developed and academic training necessary for the performance of the work.

Training: Knowledge equivalent to medium-grade academic training, completed with a period of practice or experience acquired in similar work, or by the specific studies necessary for the development of its function.

Examples: In this professional group are included all those activities, which by analogy, are similar to the following:

Activities involving the responsibility of a shift, which may be seconded by one or more workers of a lower professional group.

Computing application analysis capabilities.

Healthcare Technical Assistant.

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

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

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

Any other analogous function that meets the general and training criteria attributed to this Professional Group.

Article 17. Professional group number 6.

General criteria.

Include functions that consist of performing complex activities with defined objectives and with a high degree of exigency in the factors of autonomy and responsibility, and which normally lead a set of functions which conduct a specialised technical or professional activity.

Training: Equivalent to a higher academic qualification, or an average degree completed with a long professional experience.

Examples: In this professional group they include all those activities that, by analogy, are similar to the following:

Coordination, monitoring and management of heterogeneous administrative jobs or of the set of medium-type administrative activities.

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

The functions that are consistent with planning, ordering, and monitoring systems, services, processes, and work circuits.

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

Making general approaches to the effective use of human resources and material aspects.

Doctor: Any other analogous function that meets the general and training criteria attributed to this Professional Group.

Article 18. Professional group 0.

General criteria.

This group includes workers who make decisions or participate in the decision-making process. They have senior management or implementation positions of the same levels in the departments, divisions, groups, factories, etc., in which the company is structured and which always respond to the particular ordination of each.

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

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

Elaboration of the policy of organization and control of activities.

Establishment and maintenance of productive and support structures.

Determination of industrial, financial or commercial policy.

Any other analogous function that meets the general and training criteria attributed to this professional group.

Notes:

1.o The previous definitions of professional groups do not affect workers under the age of 18.

2. The classification contained in this Article shall be performed by interpretation and application of the general criteria and by more representative basic activities developed in the examples.

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 professional group in which I dedicate the greater part of their journey, in any case the criterion of work of equal value in order to avoid any kind of discrimination.

3.o Classification will not in any case mean that additional activities that could be basic to jobs included in groups are excluded from the jobs of each professional group. different professionals.

Article 19. Mode of operation to establish the new professional classification.

Due to the collective implications of the new professional classification structure, and the need for the maximum possible agreement in the application of this new classification that is to be modified Substantially the one set so far, the following mode of operation is set:

A) The negotiations between the company and the workers ' representatives will be negotiated.

B) In the event of an agreement, the parties may bring the contents of the agreement to the attention of the Joint Committee.

C) In the event of no agreement reached between the company and the workers ' representatives, they may be submitted jointly to the mediation or arbitration of the Joint Committee.

D) Likewise, both parties may also consult the Joint Committee to issue the relevant opinion, which will be binding if adopted unanimously.

(E) Where workers ' representatives do not exist, they may be directly involved in the Joint Committee.

In order to resolve the proposed mediation or consultation, the Joint Committee may examine in the company the characteristics of the activity which is the object of the disagreement, as well as to make the necessary arrangements within it. for the issue of the opinion requested.

After the interpretation and/or opinion, or the Arbitration of the Joint Committee, is known, the management of the company shall apply the new professional classification, however the court of jurisdiction shall be open to any other claim.

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

In order to prevent any kind of discrimination when changing from one system to another, to all those workers who came together in a situation of lower or higher valuation for the needs of the organisation of the work, shall be included in the same professional group in which the other workers who carry out the duties or duties performed before the present change are included.

Article 20. 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 attached in Annex I.

Article 21. Functional mobility.

A functional mobility may be carried out within the professional groups, when this does not involve a transfer of locality. They shall exercise limit for the same the requirements 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 management of the company in respect of functional mobility, as well as the justification and cause thereof, companies are obliged to make it easier.

Article 22. 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.

The remuneration, as long as the higher group work, 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 the causes of force majeure or technical requirements of the holding would require it.

CHAPTER III

Revenue, test periods, promotions, and cesses

Article 23. Revenue.

The income of the workers will be in accordance with the general legal regulations on employment and the special ones for specific groups.

They shall have a preferential right to equal income who have performed or perform functions in the undertaking on an eventual basis, acting or under contract for a given time, part-time or contract of employment. training.

The employer will communicate to the workers ' representatives, the jobs he intends to cover and the conditions demanded by the applicants, and he will be obliged to make delivery, to the representation of the workers, a basic copy of the contracts to be made.

Article 24. Test period.

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

Professional Group 1: One month.

Professional groups 2 and 3: Two months.

Professional Group 4: Three months.

Professional groups 5, 6 and 0: Six months.

Only the worker shall be deemed to be subject to the probationary period if it is, in writing, in the contract.

During the trial period, both the worker and the company will be able to freely resolve the contract without notice, and without the right to compensation.

Elapsed the test period, the workers will enter the template, with the test period being computed for all purposes.

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.

Article 25. Promotions.

Promotions will conform to the following system:

1. The promotion of workers to tasks or jobs involving command or confidence, such as management, and headquarters, as well as inspection, counseling, collection, surveillance or saving. Delegate/a and Encharged/a, they will be of free designation of the company.

2. For the promotion of the rest of the workers, the companies will be able to establish a concourse-opposition based on the objective system, taking as reference the following circumstances: appropriate Titulation, academic assessment, knowledge of the job, professional history, having played a role of superior professional group and successfully overcoming the tests that the effect is established.

Article 26. Unilateral termination of the contract.

The staff covered by this Convention who intend to cease in the service of the undertaking must communicate it in writing at least 15 days in advance, with the sole exception that the cessation of the Test period.

Failure by the worker of the obligation described in the preceding paragraph will entitle the company to discount the amount of the salary of one day for each date of delay of the notice.

The employer must notify in writing the end of the contract 15 days in advance, in contracts of more than one year. Failure to comply will result in compensation of one day's salary for each day of delay in the communication.

Article 27. Files for the regulation of employment or the request for suspension of payments or bankruptcy of undertakings.

1. Undertakings which are required to submit a file for the regulation of employment shall undertake to make available to the representatives of workers at least 25 days in advance a complete copy of that file.

2. The companies shall give an account to the representatives of the workers of the filing of suspension of payments or bankruptcy, communicating the situation of the file and the Court in which it is processed, and stating the reasons that motivate them.

3. The representatives of the employees undertake to maintain the obligation to reserve the data and other information they receive from the undertaking on the matters expressed and without prejudice to the actions they consider appropriate to take in defence of the interests of their representatives.

CHAPTER IV

Matches, holidays, licenses, and exceed

Article 28. Working day.

The maximum duration of the ordinary working day shall be one thousand seven hundred and seventy-six hours of effective annual work for the duration of this Convention.

Those companies that currently have an annual day lower than the one described in the previous paragraphs, depending on their modality, will have to continue with their most beneficial working day regime.

In the following days, a time of rest (snack) of a minimum duration of fifteen minutes will be established, which will be considered effective time of work, respecting in any case the breaks of longer duration existing in companies prior to the publication of this Convention.

The weekly rest shall not be less than the provisions of Article 37.1 of the Staff Regulations.

The parties to the Convention agree to carry out the appropriate studies, so that if the technical and productive conditions so permit, the working day will be distributed from Monday to Friday.

Article 29. Overtime.

The value of overtime will be calculated on the individual hourly wage, which will be added for all staff by a surcharge of 75 per 100 except for those worked on a Sunday or a public holiday, the surcharge of which will be 150 per cent. 100, unless otherwise provided for in law, compensation shall preferably be made for a period of rest.

For the purposes of the current legal provisions, they will be considered as extraordinary hours of a structural nature, those that are motivated by force majeure, repair of claims. (i) a disaster or peak period of production which is not foreseeable, and provided that the completion of these hours could not be replaced by the hiring of workers by the temporary systems provided for by the Law.

Companies will be able to agree with their workers to compensate for structural overtime in equivalent free time and not in their economic compensation.

In the receipt of wages, the total amount perceived during this period of time should be included in the event of overtime, as well as its number.

In order to promote employment, in no case will it be possible to carry out more overtime than legally permitted.

Article 11. Work schedule.

Within one month of the publication of the official calendar in the "Official State Gazette", the companies will point out, according to the workers ' representatives, the official work schedule for the company.

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

In addition to the parties established in general and local by the Administration, it is established as a public holiday on December 24.

Article 31. Holidays.

Regardless of the professional group of the worker, the annual leave will have a minimum duration of thirty calendar days, according to the legal norms. The holidays will be enjoyed at the time of common agreement between the worker and the company. The same, if possible, will preferably be enjoyed between the months of May and October, both inclusive, provided that the technical and productive conditions so permit. In the case where they are enjoyed outside the months before, the duration shall be thirty-five calendar days if they are complete, or thirty-two and a half days in the case of being enjoyed a fortnight in each of the periods referred to, as long as this circumstance occurs due to the organizational need of the company.

If the worker requests it, fifteen days of the annual leave will be enjoyed between May-October.

For the purposes of the holiday period, it shall be taken as such in the calendar year concerned, i.e. from 1 January to 31 December, in any event the worker shall enjoy the time taken by him within the period of his/her year.

However, workers who on the date determined for the enjoyment of the same would not have completed a calendar year in the company template, will enjoy these dates of the number of days proportional to the time of services provided.

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

The holiday will be paid upon request from the person concerned before the start of the holidays, and will be paid on the average obtained by the worker for all the concepts in normal working hours, in the three months prior to the date of initiation of the same.

The staff with the right to leave 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 it is completed as a whole week. In the case of death, his successors shall be satisfied.

In the event that the holiday distribution is effected by the shift system, the shift system will be distributed among the workers through the annual rotation system.

The enjoyment of the holiday period shall not be initiated when, before the date laid down for them, the worker is in a situation of temporary incapacity arising from an accident at work or occupational disease, as well as maternity situation. In the case of maternity, this enjoyment will be carried out whenever there is no regulation of the enjoyment of holidays in a collective way. This worker shall be entitled to his or her enjoyment after obtaining the medical discharge and shall commence them by mutual agreement with the undertaking.

Article 32. 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 a child, which may be extended by two others in case of illness or when the worker needs a posting to the effect.

3. Two calendar days in case of serious illness, surgical intervention or death of parents, political parents, grandparents, children, political children, grandchildren, spouse, siblings, political brothers, which may be extended when necessary Displacement to effect.

4. A natural day in the case of marriage of parents, children, brothers or political brothers at the date of the celebration of the ceremony.

5. For one day per usual home transfer.

6. For the time indispensable for the fulfillment of an inexcusable duty of public and personal character.

7. Where compliance with the duty referred to above involves the impossibility of the provision of the work due, in more than 20 per 100 working hours over a period of three months, the undertaking concerned may pass the undertaking to the worker concerned. Article 46 (10) of the Staff Regulations of the Workers ' Statute is governed by Article 46 (10).

8. In the event that the worker is in charge of the duty or the performance of the charge, the amount of the salary to which he or she is entitled in the company will be deducted.

9. For the duration of the examination and the posting for general educational rights and vocational training in the cases and in the regulated form in the legislation in force.

Testing assistance, be it partial or final, provided that you heal regularly and take advantage of official studies, and provided that the tests are not compatible with the work schedule.

10. For the time indispensable for obtaining the meat of driving by collecting the license on the specific day of the examination and up to a maximum of three occasions.

11. In order to perform trade union or staff representation in the terms laid down in the Workers ' Statute, as well as in the Organic Law on Freedom of Association.

12. In the event of a reduction in the day by legal guardian set out in Article 37.5 of the Workers ' Statute, the latter shall be carried out in an uninterrupted manner, unless the company and the worker have agreed otherwise.

13. For the time necessary for the carrying out of prenatal tests and preparation techniques to be carried out within the working day.

As for the paragraphs 1 to 3 in duly accredited extraordinary cases, such licences shall be granted for the time specified in the circumstances, agreed, the undertaking and the worker concerned, the conditions of the concession, with the possibility to remember the non-perception of haberes.

As provided for in paragraphs 2 and 3 of this Article, when the posting to be carried out by the worker involves covering a distance greater than 100 kilometres and less than 200 kilometres, they shall enjoy the third day; and Distance to cover more than 900 kilometres will enjoy a fourth day.

Article 33. Suspension of the maternity contract.

The working woman will be entitled to an uninterrupted 16-week break for multiple births to 18 weeks. The period of suspension shall be distributed at the option of the person concerned, provided that six weeks are at least immediately after the birth, and may make use of the father for the care of the child, in the event of the death of the mother.

However, in the event that the mother and the father work, that, at the beginning of the period of maternity leave, may opt for the father to enjoy up to four of the last weeks of rest. provided that they are uninterrupted and at the end of the said period, unless at the time of their effectiveness the incorporation of the mother to the job poses a risk to their health.

Article 34. Medical office assistance.

The workers affected by this collective agreement shall be entitled to paid leave, for assistance to a medical office or a hospital for social security, for the time necessary for this purpose, This permission is subsequently justified by the corresponding flyer from the optional one.

It will be done in the same way when the assistance is for the minor children or parents of the worker, but in the case of the children, when both parents work, only this right can be exercised by one of them. In the case of a worker's parents, this permit shall be enjoyed only when the person who is to attend a medical consultation or hospital is physically unable to attend, and in addition to the worker.

This right, in the case of assistance to specialists, will be extended to private consultations.

Article 35. Surplus.

Fixed workers with two years of service may apply for voluntary leave for a period of more than 12 months and less than five years, not for the duration of this situation to any effect, and without no case can be produced in the 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 work and, seeking to address those requests that are based on termination of studies, family requirements and other similar requirements.

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

Where the worker so requests, the re-entry shall be conditional on vacancies in his professional group if there is no vacancy in the professional group of his or her own and if at the bottom the surplus may choose to occupy the place with the corresponding salary until a vacancy occurs in his or her professional group or does not re-enter until such vacancy occurs.

As for the rights granted to the working woman by the provisions in force, they will be in the same position. In excess of child care, workers shall be entitled to a period of leave of absence, not exceeding three years, to take care of the care of each child, whether by nature or by adoption, from the date of birth. of this or date of adoption. Successive children shall be entitled to a new period of leave of absence which, if necessary, shall end the period of their enjoyment. When the father and the mother work, only one of them will be able to exercise this right.

The period in which the worker remains in a situation of leave in accordance with this paragraph shall be computable for the purposes of seniority and the worker shall be entitled to assistance with training courses. professional, whose participation must be convened by the management of the company, especially on the occasion of its reinstatement.

During the first year of leave, you will be entitled to the reservation of your job. After that period the reinstatement shall be an activity of the same professional group. The loss of the right to automatic re-entry shall occur if, during the period of leave, paid work is carried out on behalf of others or is self-employed.

A worker may be granted leave of absence for up to one year, with automatic re-entry, to attend to a serious illness of the spouse, or unmarried parents or children, when the spouse works and they live them. To this end, the nature of the disease shall be justified by means of an official medical certificate, as well as the need for care for the patient.

CHAPTER V

Economic Conditions

Article 36. Minimum guaranteed salary of the Convention.

The guaranteed minimum wage (SMG) shall be composed of all the remuneration concepts to be paid by the employees of each undertaking in normal or normal activity in unmeasured jobs. The following concepts are not included in the SMG: Antiquity and variable add-ons that depend on quantity and/or quality of work

Article 37. Minimum wage tables guaranteed by professional groups.

The following SMG table is set for 1997.

Minimum guaranteed salary

-

Monthly/Minimum Wage Guaranteed

-

Annual/Professional Groups

Group I/104,000/1.560,000

Group II/108,000/1,620,000

Group III/111,000/1.665,000

Group IV/114,000/1,710,000

Group V/119,000/1.785,000

Group VI/133,000/1.995,000

Group 0/147,000/2.205,000

Similarly, a guaranteed minimum wage is set for the 18-year-olds of 81,000 pesetas/month corresponding to 1.215,000 pesetas annually.

Article 38. Wage structure.

The salary salary of the staff included in this agreement shall be the base salary (SB) and the supplements thereof.

The base salary is the SMG of each professional group, For those workers who receive a higher remuneration than the minimum guaranteed wage, a personal supplement is established for the difference between the base salary or SMG and the really perceived. This supplement shall not be absorbable or compensable, and shall be revalorizable.

Article 39. Wage increases.

The wage increase for 1997 will be 2.6 percent.

For the year 1998, the CPI provided by the government in the General Budget of the State for that year. These wage increases shall be carried out in the manner indicated in this Article.

The minimum wage guaranteed for children under eighteen years of age will have the same percentage of increase.

As of this collective agreement, the abolition of professional categories and their replacement by professional groups has been agreed as set out in Chapter II, for these purposes, the abolition of the Categories of salary will be carried out as follows in 1997:

1.o The company will increase the wages of all workers by 2.6 per 100. In such an increase they will be included in the concept of real wages: the base salary, and the fixed allowances in annual terms, not linked to quantity or quality of work that they perceive each worked, except the complement of seniority that has its own regulation.

2.o Once the salaries have been increased as indicated in the previous point, the classification of the workers will be carried out in professional groups. After the classification has been made, no base salary may be lower than that indicated in Article 38.

Article 40. Wage revision clause.

In the event that the consumer price index (CPI) established by the INE, as of December 31, 1997, an increase from December 31, 1996, higher than 2.6 percent, a wage revision will be carried out. Soon, this circumstance is officially recorded in the excess over the indicated figure, however, the revision in the case corresponding to the above, shall not exceed, in any case, 0,4 per 100. Such an increase shall be paid with effect from 1 January 1997. Therefore, as a basis for calculating the 1998 wage increase, the salaries used to carry out the increases agreed for this year will be taken as a reference.

For the second year of validity: in the event that the consumer price index (CPI) established by the INE, an increase from December 31, 1998, was recorded at 31 December 1998, higher than the CPI provided for by the This year, a salary review will be carried out as soon as the excess over the indicated figure is officially recorded, however, the revision in the case that corresponds to the above, will not exceed, in no case of 0.4 per 100. This increase will be paid with effect from 1 January 1998. In order to carry out the salary increase of 1999, the salaries used to carry out the increases agreed for this year will be used as a basis for the salary increase.

The wage revisions referred to in this article, in the event of occurrence, will have effects on guaranteed minimum wages, as well as the real wages that workers perceive on the same terms as set out in Article 39 of this Convention.

Article 41. Clause for the implementation of the agreed increase.

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

Such effects will be a prerequisite:

(a) Communicate to the representatives of the workers and the Joint Committee their intention to avail themselves of this Article within 30 calendar days of publication in the "Official State Gazette" of the Convention collective in the first year of validity or its update for the next/s. This time limit is mandatory.

Your default will prevent companies from benefiting from those agreed in this article.

b) Reach agreement on the increase to be applied in the company with the workers ' representatives in the company. The agreement reached must, in full validity, be sent to the Joint Committee of the Convention so that it may file it and its faith when it is required to do so.

(c) The negotiation shall have a maximum period of 30 days from the date of notification of the undertaking to the representatives of the employees of their intention to avail themselves of the provisions of this Article.

d) In the cases of disagreement, the documentation and the proposal will be sent to the Joint Committee of the Convention to resolve within 15 days, so that its decision will have the same force as if it had been reached agreement in the consultation period. The Joint Committee shall decide whether or not the reasons for the application for a non-application are justified, taking as an objective basis the documentation referred to in

following paragraph:

2. The management of the company must provide the workers ' representatives with the following documentation:

Balance sheet, the results of the reference years, with the corresponding audits, if any, and the statements of the Corporate Tax, which show the results alleged for the implementation, as well as the forecast for the current year. In companies of less than 25 employees, and depending on the economic costs involved, the report of auditors shall be replaced by the documentation that is accurate within those mentioned in the preceding paragraphs, in order to demonstrate, (i) the situation of losses.

Study of the incidence of wages in the overall structure of the company.

3. The agreement reached will expressly define whether any increase in remuneration should be applied.

4. After the end of the period of neglect, the company is obliged to proceed to the immediate updating of the wages of the workers and, to this end, the different increases agreed in the Convention will be applied on the initial salaries. However, and without prejudice to the foregoing, the management of the undertaking and the legal representation of the employees, in the light of the economic performance of the undertaking, during the period of the financial year, shall be negotiation of a possible effective recovery of the increases not made at the time as a result of the implementation of the neglect.

5. Undertakings which have made use of the same for two consecutive years or three alternate years within a period of four years shall not be permitted to use the application of the application.

6. With the exception of the wage increase agreed upon in a different amount from the general of the agreement, or other aspects that could have an impact on the economic recovery, the rest of the agreement will be fully implemented in the company.

7. In the event that the company which is the subject of the application is part of a group of companies operating at national level and with the same activity, which is subject to the presentation of consolidated annual accounts in the Trade Register, the The Joint Committee of the Convention shall analyse the fact that, following this connection, the specific results of the undertaking concerned cannot be undermined, by examining, if necessary, the relevant data.

Article 42. Personal complement of seniority.

The staff included in this agreement will receive periodic increases for years of service, consisting of, four-year in the amount of 5 per 100 each, with the limits established by the Workers ' Statute.

Except for those with the most beneficial conditions, the basis for the calculation of the seniority supplement will be as follows:

49,000 pesetas for 1997.

50,000 pesetas for 1998.

Article 43. Rewards of July, Christmas and March.

On the 15th of July, December and March, the companies will pay a consistent gratification each in the amount corresponding to thirty days of salary of the most ancient convention, if any. In the case of the March payment, it may be prorated throughout the twelve months of the year.

Article 44. Complement in case of IT (Temporary Incapacity).

In the case of sickness or accident I.T., duly accredited by the Social Security, the company will complete the mandatory benefits up to the full amount of its remuneration up to the limit of twelve months, although the worker has been replaced.

Article 45. Payment of salary.

The payment of wages will be made through the check system, bank account or bank transfer. In the latter case, the undertaking shall ensure that the payment in the worker's account occurs at the usual date of payment.

Pay periods may be weekly, fortnightly or monthly.

The worker shall be entitled to receive advances for the work carried out without these being able to exceed 90 per 100 of the total amount of the salary accrued.

Those companies that made the payment of the assets through a cheque or bank account and that the work schedule coincides with the bank's box office, will be obliged to agree with the workers affected. the way in which they can be made effective.

Article 46. Non-discrimination clause.

Companies will guarantee equal pay for equal pay, without any difference, according to the guaranteed minimum wages and the salary treatment of Article 38.

CHAPTER VI

Offsets and Moves

Article 47. Displacements.

Companies may, for the purposes of the service, confer on their employees some commission outside their habitual residence, in which case the worker shall have the right to be paid the costs he has previously incurred. presentation of the supporting documents.

The conditions under which the displacements are to be made will be included in the business pact if you have it.

When a posting assumes for the worker the uninterrupted absence of the work centre of more than 30 calendar days, the latter will be of a transfer character and will be carried out by mutual agreement between the two parties.

Article 48. Transfers.

The transfer of personnel to different job centers that implies change of residence cannot be imposed as a sanction.

In the event that the company has to direct any worker, group of workers, or all of its staff, to another working centre, the procedure laid down in Article 40 of the current Staff Regulations will be followed. Workers.

In cases of change of domicile of the company within the same locality or autonomous community where it has already been exercising its activity, it will proceed in such a way that, in any case, the interests of the workers.

CHAPTER VII

Prevention of work risks

Article 49. Prevention of occupational risks.

This will be in line with the provisions of Law 31/1995 of 8 November, published in the "Official Gazette of the State" dated 10 November, as well as its regulatory development, which is a minimum necessary and necessary rule of law. unavailable.

Article 50. Medical examinations.

Companies, through the medical services of the mutual employer with whom they have covered the risks of accidents at work or with those others that they freely appoint, will carry out a survey every year medical, adjusting to the raw materials or additives that are handled in each workplace.

Article 51. Maternity protection.

The pregnant woman will be entitled to the change of job when it is shown that the working conditions: Toxicity, dangerousness, Penosity, raw materials. etc., may pose a risk to the fetus, making sure the same salary and incorporation into their usual post when the worker enters after the birth.

This change will be produced by optional certification, or work authority resolution.

The company will designate the person who will be affected by the swap, who, due to the nature of the provisionality of the situation, will return to her previous position when the worker enters after the birth.

CHAPTER VIII

Social enhancements

Article 52. Working garments.

Workers who provide services in sections whose work involves wear of garments superior to normal as well as all junior staff, the Company will provide them with apologists, monkeys or garments suitable for at least twice a year, provided that the benefit so requires.

Companies will have to provide clothing and waterproof footwear to staff who usually have to do the work in the open, as well as those workers whose permanent permanent job is required by the company. handling of bulk products which, due to its peculiar nature, could deteriorate its footwear.

Garments shall not be considered as the property of the worker and shall be provided with the garment used for replacement.

Companies may require that the garments bear the name or anagram of the garments and the section to which they belong.

The costs incurred for this reason will be borne by the company.

Article 53. Retirement aid.

The workers who at the time of retirement in the company take twenty years to the service of the same. will receive three monthly awards from the last accredited salary.

By mutual agreement between companies and the worker/s who are willing to access the early retirement and within each company, the early retirement of workers may be agreed. They were served 64 years of age, forcing both parties to comply with the provisions of Royal Decree-Law 1194/1985 of 17 July 1985.

Article 54. Bonding award.

In order to reward those workers who for twenty-five years have provided their services for the company, the company will be obliged to satisfy them with an award of 85,000 pesetas. Likewise, those who reach fifty years of service will receive a prize of 200,000 pesetas.

Article 55. Help with death and disability.

In the event of death, absolute permanent incapacity or great invalidity of the worker with a year of service in the company, he or she shall be entitled to receive, or in his absence from his successors, a support consisting of the equivalent of three monthly allowances of the last accredited salary. Those undertakings which prefer it may pay such aid by means of a concerted insurance to the effect which covers such contingencies, with a capital of at least that amount. Such aid shall have its effect until retirement or at the end of the worker's undertaking.

Article 56. Other conditions.

The stipulations contained in Articles 53, 54 and 55 of this Convention shall be fully effective, unless the companies established any kind of conditions which are more favourable.

Article 57. Military service.

The workers, during the period in which they are performing the military service or replacement social benefit, shall be entitled to the reserve of the job. The incorporation into the worker's undertaking, after the completion of the military service or the replacement social service, may be completed within two months of the end of the service.

Also, personnel who carry more than one year of service in the company, while joining the military service or replacement social service, will be entitled to receive, as if they were present at work, the the amount of the two extraordinary bonuses of July and Christmas referred to in Article 43 of this Convention.

CHAPTER IX

Trade union rights

Article 58. Reservation of hours for workers ' representatives.

Workers ' representatives will have a monthly payment of a credit of thirty-two hours for the exercise of union representation, regardless of the number of workers with which the Company counts.

The ability to accumulate, up to the limit of sixty-four hours a month, is established in one or more members of the workers ' representatives.

For this accumulation to take place it will be necessary:

That the various members freely grant the transfer of hours necessary for accumulation.

That such accumulation be communicated to the company, four days in advance.

Article 59. Public charges.

Workers who hold representative trade union positions shall enjoy the appropriate facilities for the performance of the same, having the right to the full receipt of all the remuneration established in the present agreement, in the case of absences motivated by the performance of those must be justified in each case duly.

Article 60. Collection of trade union quotas.

Companies will allow workers ' representatives that the day of collection and out of business hours will make the collection and the union fees, being able to use to this effect the premises of the company.

Article 61. Bulletin board.

In each of the business centers of the companies included in this agreement, a bulletin board will be available for use by the workers ' representatives in which the information will be inserted interest to their represented.

It will be so that, without being in public view outside the workplace, it will be easy to locate it by the workers.

Article 62. Right to non-discrimination.

Workers affiliated with a trade union plant cannot be discriminated against on the basis of their union membership.

Article 63. Special leave on grounds of trade union charge.

Every active worker who has been elected to a union position at the provincial or higher level will have the right to be recognized as a union surplus.

This surplus will be extended by the duration of the charge for which you have been elected to do so with the job.

The surplus worker will automatically be reinstated to your job whenever you request it within thirty days of your termination of office.

CHAPTER X

Disciplinary regime

Workers may be punished by the management of the companies, in accordance with the graduation of faults and penalties established in the following articles.

Article 64. 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 65. Minor fouls.

The following are considered minor faults:

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

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

The abandonment of service without cause, even if for a short time. If, as a result of the case, the company is to be subject to any consideration or cause of accident to its colleagues, this fault may be regarded as serious or very serious, as the case may be.

Little neglected in the preservation of the material.

Lack of grooming and personal cleaning, when it is of such a kind that it can affect the production process of the company.

Not to attend to the public with due diligence and correction.

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

Discussions on matters outside of work within the company's dependencies. If such discussions produce a notorious scandal, they may be considered as serious or very serious misconduct.

Missing work one day per month without justified cause.

Article 66. Serious fouls.

The following are serious faults:

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

Absence without cause, for two days for a period of thirty days.

Do not communicate with punctuality due to changes experienced in the family, which may affect Social Security. The malicious misconduct in this data shall be considered to be very serious.

Surrender to games or distractions at work hours.

The simulation of illness or accident.

Disobedience to his superiors in any matter of work. If it is clear that the discipline is manifest, or if there is a serious injury to the undertaking, it may be regarded as very serious.

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

Negligence or neglect at work, which affects the good running of the service.

Recklessness in the act of work. If there is a risk of accident to the worker for his or her companions or danger of damage to the facilities, it may be considered to be very serious.

Perform, without the appropriate permission, particular jobs during the day, as well as employing company tools for own uses.

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

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

Article 67 Very severe high.

The following are considered to be very serious:

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

Fraud, disloyalty or breach of trust in the management and theft or theft, both to the company and to the working campers or any other person within the company's premises or during the work in any other place.

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

The conviction for theft, theft or embezzlement, committed outside the company, or for any other kind of facts that may imply for this distrust with respect to its author, and in any case, the duration of more than six years, dictated by the courts of justice.

The continued and usual lack of grooming and cleaning, such that it produces justified complaints from colleagues.

The usual drunkenness.

Violate the secret of the correspondence or reserved documents of the company or reveal to foreign elements to the same required reservation data.

The ill-treatment of words or work, abuse of authority or a serious lack of respect and consideration for the bosses or family members, as well as the companions and subordinates.

Causing serious accidents by negligence or recklessness.

Abandon the job in a position of responsibility.

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

The occurrence of frequent quarrels and pendences with coworkers.

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

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 knowledge of the management of the company.

Any form of sexual harassment will be considered to be very serious.

Article 68. 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 or very serious faults will require written written communication to the worker.

The requirement for the opening of a disciplinary record shall be understood in those cases of very serious misconduct with the written communication to the worker in which the charges against him are established. The worker shall be given a period of at least three working days and a maximum of one week for the purposes of his/her being able to make such claims as he considers appropriate.

In any case, the company will account to the employees ' representatives on the same day as the affected person, of any sanction or disciplinary record opening

Article 69. Maximum penalties.

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

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

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

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

Article 70. Prescription.

The faculty of the company to sanction will prescribe for minor faults, at ten days, for serious faults within twenty days, and for very serious faults, at sixty days from the date on which the company had knowledge of his committee and, in any case, six months after he has been committed.

Article 71. Graduation of fouls.

For the sole 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 XI

Professional training

Article 72. Vocational training.

The signatories to this Collective Agreement adhere to the Second National Agreement on Continuing Training, signed on 19 December 1996, as well as to the Second State Sectoral Agreement on Continuing Training in Trade of 12 May 1996. 1997.

CHAPTER XII

Mixed Commission

Article 73. Joint committee.

The parties to this Convention, the State Federation of Workers and Employees of UGT Services (FETESE-UDT) and the Federation of Textile, Chemical and Related Industries of the CC.OO. (FITEQA-CC.OO.), on the one hand, and the Spanish Federation of Wholesale, Drogueries and Annexes and the Association of Distributors and Importers of Chemicals in general, associated with FEDEQUIM, on the other, agree to establish a Joint Commission and as a body for the interpretation, arbitration, conciliation, restructuring and monitoring of the Convention.

Article 74. Composition.

The Joint Committee will consist of four representatives of the workers and four representatives of the businessmen who, among them, will elect one or two Secretaries.

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

Article 75. Procedure.

The cases submitted to the Joint Committee shall take the form of ordinary or extraordinary. The signatories of the Convention shall be awarded such a qualification.

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

First transient disposition.

The signatories to this Convention agree to give full regulatory competence to the Joint Committee, within the framework of the Convention, to the development of the Inter-Confederal Agreements for the establishment of employment and collective bargaining, signed by the confederations of CEOE, CESME and UGT, CC.OO., on 28 April 1997.

The agreements that will be reached in this regard will have the value of the Collective Agreement, coming into force at the time they are agreed upon.

Additional disposition first.

The parties to this Convention agree that the Joint Committee shall, in a prior and compulsory manner, understand the interposition of collective disputes arising in undertakings. affected by this Convention, by the application or interpretation thereof.

ANNEX I

Sheet 1

Model to be filled for professional classification queries to the Mixed Committee of the Convention of Distributors and Importers of Chemicals, Industrialists, Perfumerias and Annexes

Functional location:

Company Job Holder Number of workers affected Department Section Denomination of post Top consulted (position)

Company's geographical location:

City: Home: Job Center: Number of workers

Professional classification by company:

Group

Professional classification proposed by the representatives of the affected workers:

Group

Date:

Fdo.: The company Fdo.

Sheet 2

Position description:

Main functions you perform in your job (for clarity, draw a horizontal line by separating each task from the next one).

Daily tasks:

Regular or Caused Tasks (indicating average periodicity):

Sheet 3

Knowledge required for the performance of the function.

Required experience

to perform the function/Training/Languages

Academic/Professional

Primary studies. Knowledge acquired in practice. /Does not require languages. /Up to one month.

EGB, School Graduate, Elementary Bachelor, Industrial Trades. /Knowledge of a foreign language. /Up to three months.

Higher Bachelor, BUP, or COU. /Vocational Training II, as in the previous one, more courses of administrative, commercial training, etc. Vocational training or careers in the training frameworks of the company itself. /Domain of a foreign language. /Up to nine months.

First university or medium-grade technical cycle, or more courses of some technical or social complexity. /Domain of one foreign language and knowledge of another. /Up to eighteen months.

Titled superior, or, first university cycle, middle graduate, more courses of Higher Vocational Training. /Domain of two foreign languages. /Up to three years.

Titled top more post-graduate courses. /Over three years.

Point to an x in each concept the level required for the position:

Sheet 4

Initiative/autonomy.

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:

Complexity of the job:

Special skills:

Environmental conditions:

Sheet 5

Difficulties.

Workload Complexity:

Special skills:

Environmental conditions:

Sheet 6

Responsibility.

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).

Sheet 7

Command

Denomination of the top post to which you are hierarchically dependent.

Denomination of the position you occupy. /Posts or subordinate units.

N. or people:

N. or people:

N. or people:

Tasks that you coordinate:

ANNEX II

Converting tables to groups

Tables/Group

Group First

Technical staff entitled:

Titled top grade/6

Titled middle grade/5

Healthcare Technical Assistant/5

Group Second

Commercial Staff not entitled:

Director/0

Head of Division/6

Chief of Staff/6

Head of Purchasing/6

Sales Manager/6

Head Delegation/Commercial Delegate/6

General Manager/6

Branch Manager/5

Head of Store/5

Group Head/4

Chief of Commercial Section/4

Charge/Seller and Buyer/4

Interpreter/4

Commercial Personnel proper:

Traveller/3

Corridor/3

Dependent/3

Dependent Major/3

Helper/2

Worker under 18 years/-

Third Group

Administrative Staff not entitled:

Director/0

Head of Division/6

Chief Administrative Officer/5

Accounting Officer/4

Secretary/3

Administrative Section Chief/4

Administrative staff:

Accountant/Cashier or Taquimeca. language ex. /4

Officer Adm and Operator maq. aux. cont. /3

Administrative Auxiliary/2

Worker under 18 years/-

Box/2 Auxiliary

Data Processing Personnel:

Systems Technician/6

Analyst/5

Programmer/4

Operator/3

Drill and/or Pantallist/2

Group Fourth

Serv staff and aux activities:

Service Section Chief/4

Drawing/4

Storefront/4

Assembly/2 Assistant

Outline/3

Visitor/3

Rotulist/3

Workshop Manager/4

First/3 Professional

Second/2 Professional

Third/2 Professional

Capataz/4

Order Preparer/2

Specialized Mozo/2

Envator/1

Ascensorist/1

Phone/2

Mozo/1

Packager/1

Per. Mat sanitary serv. cient. sanit.:

Head of Technical Service/6

Technician/5

Technical Assistant/5

Group Fifth

Subalternate staff:

Concierge/Ordinance/1

Charger/2

Goalkeeper. Vigilante, Sereno/1

Cleaning staff/full-time/1

Cleaning staff per hour/1