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Resolution Of March 18, 2014, Of The Directorate-General Of Employment, Which Is Recorded And Published The Collective Agreement Of Slaughterhouses Of Poultry And Rabbits.

Original Language Title: Resolución de 18 de marzo de 2014, de la Dirección General de Empleo, por la que se registra y publica el Convenio colectivo de mataderos de aves y conejos.

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TEXT

Having regard to the text of the collective agreement of poultry and rabbit slaughterhouses (Convention code No 99003395011981) which was signed on 15 July 2013 by the AMACO and AMPE business organisations in representation of companies in the sector, and of another by the Agro-Food Federation of CC.OO. and the Federation of Agricultural Industries and Workers of UGT on behalf of workers, and in accordance with the provisions of Article 90, Paragraphs 2 and 3 of the Law on the Status of Workers, Text Recast approved by Royal Legislative Decree 1/1995, of 24 March, and Royal Decree 713/2010 of 28 May on the registration and deposit of collective agreements and agreements of work,

This Employment General Address resolves:

First.

Order the registration of the aforementioned collective agreement in the corresponding Register of collective agreements and agreements working through electronic means of this Steering Center, with notification to the Negotiating Commission.

Second.

Arrange for publication in the Official State Gazette.

Madrid, March 18, 2014. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.

POULTRY AND RABBIT SLAUGHTERHOUSE COLLECTIVE AGREEMENT

CHAPTER I

General Provisions

Article 1. Object.

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

This Convention is based on equal rights and obligations without any discrimination on grounds of sex, religion, colour, race, political or trade union ideology, with the exception of female sex, rights inherent in maternity.

Article 2. Functional scope.

This Basic Convention regulates labor relations in companies that perform any of the following activities:

a) Culling of birds and rabbits.

(b) Destruction, freezing, preparation and manufacture of products derived from the slaughter of birds and rabbits.

c) Use of by-products.

(d) Any other activity related to the slaughterhouse of birds or rabbits, even if they are regulated by specific labour standards, in application of the principle of business unit.

e) The possibility of accession to the present Basic Convention of companies and workers in the sector of poultry, eggs and game wholesalers, which are being governed by the Livestock Trade Agreement, is open.

Article 3. Personal scope.

The provisions of this basic convention are subject to the provisions of this basic convention for all workers who provide services to undertakings in the functional field, with the exception of personnel excluded from the employment relationship (Article 1, point 3, of the L.E.T.), and the subject to special employment relationship (Article 2 of the L.E.T.).

The L.E.T. may, where appropriate, be applied as a supplementary right to the personnel referred to in Articles 1 and 2 of that L.E.T.

Article 4. Territorial scope.

This Convention shall apply throughout Spain.

Article 5. Temporary scope.

This agreement lasts for five years, beginning its effects on 1 January 2011 and ending on 31 December 2015.

However, the validity of the matter relating to the personal complement of seniority (art. 25.1.2) in the terms agreed in this Convention, shall be valid from 1 July 2013 to 31 December 2016 (both inclusive).

The collective agreement shall enter into force on the date of its signature by the parties irrespective of the date of their publication in the Official Gazette of the State. However, their economic effects shall be rolled back, where appropriate on the basis of the terms agreed upon in the same, on 1 January 2011.

The Convention will be tacitly extended for successive annual periods if none of the signatory parties denounces it before the other at least three months before the date of its expiry or any of its extensions. The denunciation of the Convention shall remain valid until it is replaced by another.

Article 6. Binding to the entire.

The set of rights and obligations, agreed upon in this Convention, constitutes an indivisible whole and, therefore, the non-acceptance of some or some of the agreed conditions implies the nullity of the totality.

This Convention has a binding force and it obliges all employers and workers within its scope to apply for the duration of its validity.

Article 7. Structure of Collective Bargaining.

By virtue of this Convention and in accordance with Article 83.2 of the Workers ' Statute, the structure of collective bargaining in the area of Birds and Conejos, is articulated at the following levels: Convention nouns:

(a) State Convention of Birds and Councils: its content regulates the general working conditions to be applied throughout the sector and with the validity that is established in the Convention itself.

(b) Agreements, Acts or Collective Agreements of Enterprise: the contents under negotiation in this bargaining unit, shall be on the development or adaptation of matters of the Present State Convention, when the latter so establishes by express reference. They shall also be subject to negotiation by means of collective agreements, the matters not covered by this State Convention. All this, without prejudice to the provisions of Article 84.2 of the Staff Regulations.

With the stated structure, the signatory parties consider sufficiently covered, within the statutory framework, collective bargaining in the Bird and Conejos Mataderies sector.

Article 8. Concurrency of Conventions.

This Convention has an application priority in each and every one of its contents, with respect to other lower-level bargaining units, without prejudice to the provisions of Article 84.2 of the current Statute of the Workers.

Therefore, given the character of the exclusive rule and in the attention of its singular nature, the matters which are established in this Convention, may not be negotiated in lower bargaining units, either sectorial or company, except as set out in the preceding paragraphs.

Article 9. More beneficial conditions.

The improvements agreed in this Convention, taken as a whole and in annual accounts, are without prejudice to those in Conventions, clauses or situations currently implemented in the various nationalities, regions and (a) provinces, which involve more beneficial conditions in respect of agreed pacts, which shall be subsisting for those workers who are enjoying them and in workplaces and undertakings which, likewise, have recognised them.

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

The remuneration concepts which are established in undertakings and exceed their value to those laid down in this Convention or those other than those laid down in this Convention, must be negotiated within the undertakings which they have established them, but the provisions of this Convention must always be respected.

The legal or agreed provisions in the future which involve an economic variation in all or any of the existing remuneration concepts or which involve the creation of new ones, will only be effective as soon as possible. (a) to be considered as those in full and in annual accounts, exceeds the total level of this Convention, and should be understood, if not, by the improvements agreed upon. All this, without prejudice to the provisions of Article 84.2 ET.

CHAPTER II

Organization of the job

Article 10. Address Faculty.

1. The management of the undertaking may agree to substantial changes in working conditions where there are proven economic, technical, organisational or production reasons. These are considered to be related to the competitiveness, productivity or technical organization of work in the company.

They will have the consideration of substantial modifications of working conditions, among others, that affect the following subjects:

a) Workday.

b) Time and distribution of working time.

c) Shift work regime.

d) Pay and salary system.

e) The work and performance system.

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

2. Substantial changes in working conditions may affect the conditions recognised for workers in the contract of employment, in collective agreements or agreements or enjoyed by them under a unilateral decision of the Council. Employer of collective effects.

The modification is considered to be a collective one that, in a period of ninety days, affects at least:

a) Ten workers, in companies with fewer than 100 employees.

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

c) Thirty workers, in companies that occupy more than three hundred workers.

It is considered as an individual character the modification that, in the reference period established, does not reach the thresholds indicated for the collective modifications.

3. The decision to change the conditions of individual working conditions must be notified by the employer to the worker concerned and to his legal representatives at least 15 days before the date of their effectiveness.

In the cases provided for in paragraphs (a), (b), (c), (d) and (f) of this Article, if the worker is harmed by the substantial modification, he shall be entitled to terminate his contract and to receive compensation. of 30 days of salary per year of service, for months the periods of less than one year and with a maximum of nine months.

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

When in order to circumvent the forecasts contained in the following paragraph of this article, the company will make substantial changes to the working conditions in successive periods of ninety days in number less than the thresholds laid down in the second paragraph for collective amendments, without any new causes justifying such action, such new amendments shall be considered to have been made in law fraud and shall be declared null and void. effect.

4. The decision of a substantial modification of working conditions of a collective nature must be preceded by the undertakings in which there are legal representatives of the employees of a period of consultations with the same duration as no longer than 15 days, which will deal with the motivating causes of the business decision and the possibility of avoiding or reducing its effects, as well as on the measures necessary to mitigate its consequences for the workers concerned.

The intervention as interlocutors to the management of the company in the consultation procedure will correspond to the trade union sections when they agree, provided that they add up the majority of the members of the company or among the staff delegates.

During the consultation period, the parties will have to negotiate in good faith, with a view to reaching an agreement. Such an agreement shall require the agreement of the majority of the members of the business committee or committees, of the staff delegates, where appropriate, or of trade union representatives, if any, which, as a whole, represent the majority of the those.

In companies where there is no legal representation of the same, they may choose to attribute their representation for the negotiation of the agreement, at their choice, to a commission of up to three integrated members. workers of the company itself and elected by those democratically or to a commission of equal number of components designated, according to their representativeness, by the most representative and representative trade unions of the sector to which the undertaking belongs and that they were legitimate to be part of the negotiating commission of the collective agreement application to the same.

In all cases, the designation must be made within five days of the start of the consultation period, without the lack of designation being able to bring about the cessation of the appointment. The agreements of the commission will require the favorable vote of the majority of its members. In the event that the negotiations are carried out with the commission whose members are appointed by the trade unions, the employer may attribute its representation to the business organisations in which it is integrated, which may be the same. more representative at the regional level, and irrespective of the organisation in which it is composed of a cross-sectoral or sectoral nature.

The employer and the representation of the employees may at any time agree to replace the period of consultation with the mediation or arbitration procedure that is applicable in the field of the company, which it must be developed within the maximum period prescribed for that period.

Where the period of consultations is terminated by agreement, the supporting causes referred to in paragraph 1 shall be presumed to be present and may be challenged only before the competent jurisdiction for the existence of fraud, doling, duress or abuse of law in its conclusion. This is without prejudice to the right of the workers concerned to exercise the option provided for in the second subparagraph of Article 41 (3) of the Staff Regulations.

5. The decision on the collective modification of the working conditions shall be notified by the employer to the employees after the end of the period of consultations without agreement and shall take effect within seven days of the end of the period of notification.

6. In the case of transfers, the provisions laid down in Article 40 of the Staff Regulations shall be subject to the provisions laid down in Article

.

Article 11. Performance and productivity system.

The wages agreed in this Convention are fixed per unit of time, taking into account the working day established and the normal performance in the corresponding professional activity and category.

However, the companies may maintain, modify or establish the systems of work and performance, prior to the report of the Committee of Enterprise and Delegates of Personnel, taking as a measure of normal activity that develops an operator average, delivered to his/her work without the encouragement of an incentive remuneration, a rhythm that can easily be maintained day after day without requiring effort superior to normal, with this performance being the one that corresponds to 60 points Bedaux or 100 points of the National Productivity Commission or equivalent in other systems.

No worker may be required to work above the optimal performance that will be 80 Bedaux or 140 points on the National Productivity Commission or its equivalent on other systems.

The determination of the normal business of the posts will be established by the Company's Service of Methods and Times, informing the Committee of the Company or the Delegate of Personnel. In the event of a discrepancy, both parties may request the intervention of competent technicians other than them. If the dispute persists, the opinion of the Joint Committee will be drawn up.

In those Companies that are working with production incentives, these will become due from the 65 Bedaux points or equivalent.

It is understood by usual or average performance that the operator works permanently and continuously, and can be estimated as the usual performance obtained in the last thirty days worked under normal conditions.

When the suspension of paid work under the production premium system is due to the supply of raw materials and other causes not attributable to the company, the workers affected will receive their salaries agreement with the tables of this Convention and per unit of time.

Article 12. Revision of values.

The Business Times may take new times whenever it deems necessary, although the values may only be modified when any of the following cases are present:

1. Mechanisation.

2. Improvement of the facilities to facilitate the performance of the work.

3. When the job is first series, setting a provisional value as long as the definitive is not later set.

4. Substantial changes in the operative method, other than those described in the previous system of work.

5. When calculation error exists.

Before implementing these changes, it will be necessary to negotiate with the workers ' representatives. In case of discrepancies, the provisions of the previous article will be included.

Article 13. Determination of the optimal premium.

The optimal premium will be from 33 per 100 to 40 per 100 of the base salary, as the Bedaux system or the centesimal system is adopted, respectively.

CHAPTER III

Job Regime

Article 14. Workday.

The working day will be the next one of 1,780 hours of effective work.

Spread in days of five days weekly, except holidays between week, with two days of rest a week, one of them Sunday, being able to choose the company between Saturday or Monday, at their convenience, to determine the other rest, being this day of common enjoyment for all workers of the slaughter chain of the slaughterhouse.

In the continuous days the time of presence will be extended in fifteen minutes or more per day to take the snack.

In the event that there is a public holiday between the week, it will be enjoyed by the workers and those companies where for organizational reasons they do not allow the second day of rest, within the week or week. previous (Saturday) or later (Monday) shall be paid as overtime within the meaning of Article 14 of this Convention.

Except for the five-day working day scheme for the transport staff (for such purposes they shall not be understood to be included in the exception to the driver-delivery persons and their auxiliaries), maintenance (miscellaneous trades) and surveillance.

Within the day established in five days/week the irregular distribution of the day may occur, without any limitations other than those established in the Law.

Also, prior notice to affected workers, companies may extend or reduce the ordinary day by more or less than one hour and up to the limit of fifty days upwards and fifty days in less, as long as it does not exceed the legal ceiling, established in nine ordinary hours a day.

By agreement with the legal representatives of the workers, any other system of organization and distribution of the five-day working day, different from the regulated one, may be established.

The working time will be computed in such a way that both at the beginning and at the end of the day the worker is in his job.

Article 15. Presence control.

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

It is understood that the time needed to collect and clean the tools, as well as the mandil or apron, is effective working time.

Staff who start and end the production process and exceed the time of presence of the rest of the workers in the center will be paid this excess as overtime.

All without prejudice to the provisions of Article 7.2 of Royal Decree 664/1997, of 12 May 1997, in which the virtue of which he is entitled to ten minutes for his personal grooming before the meal or, where appropriate, the rest period for the "snack" and ten minutes before leaving the job, in a unique way, the staff performing the duties that are reported below:

Load, unload, and hang live birds.

Matarife.

Pens repin.

Volteus or chain transfer before the washing machine.

Opening of sewers.

Extracting intestines.

Extraction of livers or, if applicable, hyeles.

Therefore, excluded from the enjoyment of rest time for personal grooming:

The administrative, vendors and staff of the cutting room, the transport and delivery staff, and all personnel who do not intervene in the following operations: loading, unloading and hanging of live birds, matarife, repater of pens, volteus or chain transfer before the washing machine, opening of sewers, removal of intestines, livers and, where appropriate, hyel.

In no case may the time granted by Article 7.2 of Royal Decree 664/1997 be used in other tasks other than personal grooming, nor be it replaced by economic compensation.

Alusions to birds should be extended to rabbits in those slaughterhouses which are dedicated to their slaughter.

In any case, decisions or judgments in proceedings initiated before 20 December 1988 shall be complied with.

Article 16. Prolongation of the day and overtime.

1. In view of the serious situation of existing unemployment and in order to promote job creation, both parties agree on the desirability of reducing overtime to the minimum necessary in accordance with the following criteria:

1.1 Regular overtime: Reduction.

1.2 Where, for reasons of force majeure, the production provided for in the normal schedule cannot be completed and given the perishable nature of the raw material and the product under construction, the working day shall be extended to (a) to end the production, in which case the excess shall be paid as overtime, not to be used for the prolongation of the day for the purposes of the maximum of the overtime authorised annually.

It is understood by force majeure, among others, which are specified below:

a) Raw material supply problems.

b) Lack of electrical fluid, water, and other energy sources.

c) Averies and new machinery, et cetera.

1.3 Structural overtime: They shall be construed as such, without prejudice to their contribution for the purposes of Social Security as if they were usual overtime unless the regulation changes, necessary for peak periods of production, unforeseen absences, forecasts of claims or structural ones arising from the nature of the work concerned, or maintenance.

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

2. Overtime motivated by force majeure and structural hours shall be reported monthly to the labour authority, jointly by the Company and the Staff Committee or Delegate.

3. For the purposes of the maximum duration of the ordinary working day, for the purposes of calculating the maximum number of overtime authorised, the excess of the worked to prevent or repair claims and other damage shall not be taken into account. extraordinary and urgent, without prejudice to your credit as if it were overtime.

4. The number of overtime may not exceed eighty per year.

Article 17. Day in cold rooms.

In terms of day in cold rooms, they will be distinguished:

a) Normal, in chambers of 0 to minus 5 degrees Celsius, with a recovery rest of ten minutes every three hours of uninterrupted work within the chamber.

(b) In the chambers of more than 5 and up to minus 18 degrees Celsius, the stay within them shall be six hours, with a recovery rest of fifteen minutes per hour of work. Complete the normal working day with work to be done outside of them.

c) In chambers of 18 degrees Celsius below zero or lower, with a wobble of more or less three, the permanence within them shall not be greater than four hours.

For every forty-five minutes of uninterrupted work inside the chambers will be granted a rest of the recovery of fifteen minutes, being able to complete the normal working day with work to be carried out on the outside of the same.

Staff in proportion to the temperatures to be supported shall be equipped with the necessary protective garments, and rotating shifts shall also be established for the presence in chambers, with a minimum rotation of one day complete.

Article 18. Day of transport and delivery.

Given the nature of the materials transported, the personnel involved in the transport and distribution may extend the working day in certain cases, up to the limits mentioned in Articles 9, 10 and 11 of the Royal Decree 1561/1995, of 21 September guaranteeing, in addition, the time required for meals and regular rest, uninterrupted rest of thirty-six hours per week.

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

The duration of the journey of transport and delivery personnel shall be offset by incentives, to be arranged in each case, on the basis of kilometres travelled, vehicle categories, notes distributed, and other concepts, using as modules one of them, several or all. These incentives, where they exist, will cover the amount of overtime.

Article 19. Holidays.

All staff affected by this Convention will enjoy twenty-six working days of holidays per year, which will be enjoyed in proportion to the time actually worked. They shall be considered to be working on Saturdays or Mondays which are not officially public holidays, even if they do not in fact work in those days. The following cases shall be understood as working time:

1. Periods of temporary incapacity, up to the limit of eighteen months.

2. All paid leave.

3. Cases of accidents at work.

4. Women's motherhood.

The holiday period may not be replaced by economic compensation or accumulated from one year to the next.

The period of enjoyment shall be determined by common agreement between the employer and the worker, who may also agree to the division in two of the total period. In the absence of agreement, the collective agreements on annual planning of the holidays will be subject to the provisions of the collective agreements, in any case respecting the following criteria:

(a) The employer may exclude as a holiday period the one that coincides with the company's increased seasonal productive activity, after consultation with the legal representatives of the employees.

b) By agreement between the employer and the legal representatives of the employees, it may be possible to set holiday periods for all staff, either in shifts organised successively, either with the total suspension of activities work, with no exceptions other than conservation, repair or the like.

c) When there is a holiday shift regime, workers with family responsibilities are given preference for their matching with school holiday periods.

(d) If there is disagreement between the parties, the competent jurisdiction shall set the date for the appropriate enjoyment and its decision shall be unfeasible. The procedure will be summary and preferred.

The holiday calendar will be set for each Company. The worker will know the dates that correspond to him two months before, at least, the beginning of enjoyment.

When the holiday period laid down in the holiday calendar of the undertaking referred to in the preceding paragraph coincides in time with a temporary incapacity arising from pregnancy, childbirth or natural lactation or with the period of suspension of the contract of employment provided for in Article 48.4 and 48.bis of this Law, shall be entitled to enjoy the holidays on a date other than that of the temporary incapacity or the enjoyment of the permit which, by application of the said precept was concerned, at the end of the period of suspension, even if the calendar year ended which correspond.

In the event that the holiday period coincides with a temporary incapacity for contingencies other than those mentioned in the previous paragraph that makes it impossible for the worker to enjoy them, in whole or in part, during the year natural to which they correspond, the worker may do so once his incapacity is completed and provided that no more than 18 months have elapsed from the end of the year in which they originated.

However, in the event that the legislation in this field changes the provisions of the previous two paragraphs, the signatory parties will adapt the text to what is established in the ET at any time.

Article 20. Suspension of the contract of employment, leave of absence and reduction of working time.

1. Contract suspension:

The employment contract may be suspended for the reasons set out in Article 45 of the Royal Legislative Decree 1/1995 of 24 March, with the amendments introduced by Law 39/1999 of 5 November to promote the reconciliation of the working and family life of working people.

2. Excess:

Two classes are recognized: voluntary and forced.

None of these classes entitle the surplus to the service.

All workers who have at least one year at the service of the company may be required to leave voluntarily, provided that they are not engaged in other work, not self-employed, in undertakings or activities of the same economic sector.

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

Voluntary leave shall be granted for a period of no less than that laid down in the Law in force for no more than five years. To no effect shall the time of the same be computed. To qualify for another voluntary leave the worker must cover a further period of at least four years of effective service in the Company.

The right to return to the Company will be lost if the deadline by which the excess was granted is not requested.

The re-entry will take place when the same vacancy occurs in its category.

In the event that the reason for the excess is the attention to family members will be within the provisions of Article 46 of the Workers ' Statute in the wording given by Law 39/1999 of 5 November, to promote the reconciliation of the working and family life of working people.

Maternity leave, as provided for in Article 46.3 of the Staff Regulations, shall be for a period of not more than three years from the date of birth of the child or, where appropriate, the date of birth of the child. judicial or administrative decision-making or collection, and it is an individual right of workers, men or women, with the right to reserve the job.

Enforced leave will be granted in the following cases:

a) Nomination of public office to be done either by right or elective.

b) Exercise of elective office in the trade unions, in the Social Security and Administration agencies that because of its importance makes it impossible to attend the work.

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

3. Day reduction:

Women victims of gender-based violence referred to in paragraph one of the Additional Disposition seventh of Organic Law 1/2004 of 28 December of measures of comprehensive protection against gender-based violence, have the right to reduce their working time with a proportional reduction in the salary or rearrangement of working time, through the adaptation of the timetable, the flexible application or other forms of organisation of working time which is use in companies.

Article 21. Licenses.

By warning and supporting it appropriately, all personnel covered by this Convention shall be entitled to receive paid leave in the cases listed below:

(a) For a period of 15 calendar days in the case of marriage. In the event that the worker intends to accumulate the licence for the annual leave, this accumulation will be possible if he/she agrees between the company and the worker.

b) By the death of the spouse, children, father or mother of one or other spouse, grandchildren, grandparents, brothers, sisters and other relatives up to the second degree of consanguinity or affinity, three days, increasing one day more for every 100 kilometres away if the worker was required to move out of his residence and with a limit of five days.

c) For severe illness or hospitalization of the spouse and ascending or descending and collateral in the first and second degree of consanguinity or affinity, two days.

d) For wife delivery, three days.

e) By usual home move, one day.

f) For the time indispensable for the fulfillment of a duty of public character, inexcusable and personal. Where it is established in a legal or agreed rule for a given period, the duration of the absence and its economic compensation shall be available.

g) For the time established to enjoy general educational and vocational training rights in the cases and in the manner governed by Article 22 of the Workers ' Statute.

h) License to attend the physician for the time required with a maximum of three hours.

i) For the time indispensable for the conduct of prenatal tests and preparation techniques to be carried out within the working day.

The licences referred to in paragraphs (b), (c), (d), (e), (f), (g) and (h) shall be granted on the spot, without prejudice to any penalties that may be imposed if false causes are alleged.

The worker may apply for a licence, without payment of any remuneration, for matters of his own which do not admit any delay. The Company, taking into account the needs of the service, shall decide within a maximum period of two days, unless the perentorage of the matter requires the immediate authorisation and without prejudice to the sanctions which may be imposed if the reasons are false. The request must be made in writing and in good time.

In any case, in respect of rights or situations in which the condition of the spouse is the cause, it is understood that, in its absence, the condition of continued coexistence, will give rise to the same rights and situations.

CHAPTER IV

Safety and hygiene at work

Article 22. Safety and hygiene at work.

1. Safety and hygiene at work.

1.1 The worker in the provision of his services shall be entitled to effective protection in the field of safety and hygiene.

1.2 The worker is obliged to observe the safety and hygiene laws and regulations in his work.

1.3 In the inspection and control of such measures which are enforced by the employer, the worker has the right to participate by means of his legal representatives in the workplace, if he does not have organs or specialised centres competent in this area under the legislation in force.

1.4 The employer is obliged to provide practical and appropriate training in the field of safety and hygiene for workers who are engaged, or when he changes jobs and has to apply a new technique which he can cause serious risks to the worker himself or to his colleagues or third parties, either with his own services or with the intervention of the official services concerned. The worker is obliged to follow these teachings and to carry out the practices when they are held within the working day or in other hours but with the discount on those of the time spent on them.

1.5 The internal organs of the competent safety and security firm, the legal representatives of workers in the workplace, who appreciate a serious and serious probability of accidents, will require the employer in writing to take appropriate measures to remove the risk status; if the request is not addressed within four days, it shall be addressed to the competent authority.

1.6 When the worker on the workday, is unable to continue working, the company, after consulting the company's doctors, if there were any and the family members, arbitrary at their expense necessary for the transfer of the worker to the nearest Sanitary Center or to the place designated by the Company's physician.

2. Medical acknowledgements.

The workers affected by this Convention shall have the right to pass the medical review to be determined by the Health Surveillance Protocol, in accordance with the terms of Article 22 of the Law on the Prevention of Risks. Labour. When handling and using corrosive, infectious, irritant, pulvigous or toxic substances, which in particular endanger the health or life of workers, the surveys shall be carried out with the frequency required by each case.

Acknowledgments should be made with special impact on those specific aspects, derived from the work of the job.

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

3. Hygiene services.

All work centres will have sufficient supply of drinking water, as well as rooms of clothing and toilets, showers and services, in accordance with the provisions of Royal Decree 486/1997 of 14 April, for which establish the minimum health and safety requirements at the workplace.

4. Health and Safety Committees.

In all companies or work centers with fifty or more workers, Joint Committees on Safety and Hygiene at Work will be established, without prejudice to the existence of Prevention Delegates, as well. prevents the Labor Risk Prevention Act.

The Chairman and Secretary of the Committee shall be elected from among its members.

The rules of operation shall be drawn up by the members of that Committee and shall be their mission and competence to monitor and comply with the points which refer to Safety and Hygiene at the work of this Convention. Basic.

In all the non-regulated by this Basic Convention will be the current legislation on this matter as well as the recommendations of the O.I.T.

Article 23. Garments and work equipment.

Companies will give new hiring staff two complete sets of working garments, consisting of: Mono or trousers and jacket or trousers and bata; headscarf or cap; mandil and a suitable pair of footwear, facilitating, also, all kinds of tools.

Annually two complete work teams will be delivered, one summer and one winter, although in cases of involuntary breakage, the affected garment will be renewed.

In jobs where the room temperature requires, a coat garment will be supplied to them.

The necessary garments will be delivered in the month of March.

In addition, masks and protective gloves will be provided to personnel carrying out loading, unloading, and hanging tasks for live birds and rabbits. Staff working with cutting tools will be provided with mesh gloves.

All of these garments or equipment will be on behalf of the company and its property. The operators will respond to the misuse of the garments and the tools to be delivered to them.

With regard to gloves, five pairs of rubber or similar to all workers who use them, except for those belonging to sections for the removal of viscera and working with a knife, shall be delivered. eight pairs of monthly gloves will be delivered to them.

Companies will take on the washing of the working garments that are pointed at their cost.

Article 24. Canteens.

Without prejudice to the existing legislation on eaters for workers, companies will enable a local with due hygiene conditions, equipped with tables, chairs, drinking water and conditioning to be able to heat meals and be used as a dining room.

CHAPTER V

Remuneration

Article 25. Remuneration concepts.

The remuneration agreed in this Convention is based on the principle that equal work or equal pay.

The remuneration of the staff covered by this Convention shall be composed of the basic salary and the allowances detailed:

a) Salarial:

Personal: Age.

Job Job:

• Nocturnity.

• Currency Quebranto.

• Penosity.

Quality or quantity of work: Incentives (production premiums).

Top-of-the-month periodic expiration: Extraordinary pages.

Plus convention.

b) Non-wage:

Diets and other suds.

Article 26. Base salary.

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

Article 27. Personal add-ons.

1. Age:

1.1 Fixed workers covered by this Convention shall enjoy the seniority of a periodic supplement for the time and services provided therein from the date of entry into it, consisting of:

Two biennies of 5 per 100 and so on.

A five-year period of 10 per 100.

A triennium of 5 per 100.

A four-year period of 5 per 100.

A triennium of 10 per 100.

A five-year period of 10 per 100,

which will be calculated on the wages in force at any given time, not only in terms of the new maturity increases, but also for those already consolidated.

Once such increases have been made, even if they are added to the base salary, they cannot be taken into consideration for the calculation of subsequent increases for years of service.

The casual and seasonal workers will enjoy the same benefit, although, for the recognition of each biennium, they must have lent four hundred and sixty four days of effective work; for the four-year period, eight hundred Twenty-eight days of effective work, and for the five-year period, a thousand sixty days of effective work, in both cases, in the same company.

1.2 Exceptionally, the seniority supplement shall be frozen for all purposes for a period from 1 July 2013 to 31 December 2016.

In this way, the possible amounts that the workers have earned until 30 June 2013 will be maintained, but during the period of time indicated above they will not experience any increase. In the light of any increases that may be experienced in the base salary, from which they bring their cause. Similarly, the period from 1 July 2013 to 31 December 2016 shall not be considered as a period of stay in the company for the purposes of the calculation of the seniority supplement.

Thus, workers who are in the process of acquiring the right and the workers who eventually enter the company from 1 July 2013 will not bear any additional benefits for this concept, during the repeated period, not the length of stay between 1 July 2013 and 21 December 2016, shall be taken into account for the purpose of the supplement after the end of the period of freezing of the complement already repeated.

Consequently, with the exception of the above, and with the exception of the pact, as from 1 January 2017, the values of the different age brackets, without counting the freezing period, will be updated according to the basic salary. This date and the evolution of the supplement will recover the normal prior to this agreement (by computing the periods of stay in the company prior to July 1, 2013).

This freezing of seniority during the period agreed (from 1 July 2013 to 31 December 2016, inclusive), shall not apply to the purposes of the calculation of the calculation of the compensation established legally for the extinctions of contracts made during that period at the request of the undertaking, excluding any disciplinary dismissal recognised or declared by a firm court judgment.

The parties agree to the formation of a work commission which, since the publication of this agreement in the BOE, will have a period of one year to analyze the different formulas to solve the differences that the concept of are currently available.

Article 28. Job add-ons.

1. Nocturnity: The Nocturnity add-on will be the one specified in the table appended and will be in all cases product of the following module:

({Base Salary-Extra Pages + Antiquity} × 0.25): Annual Day).

Those workers who provide their services from twenty-two hours up to six hours on the following day will receive the supplement in proportion to the time worked.

2. Currency: The Cashier, the Auxiliary of Cash and those who regularly carry out recovery operations will receive monthly in respect of the currency of the currency, the amounts stipulated in the Annex.

3. Penosity: The Helpers of live birds that carry out the tasks of hanging live birds, will receive a plus of penosity consisting of 20 per 100 of the salary Convention.

Similarly, the matarife, which is responsible for the slaughter of live birds, shall receive the sum of the penalties mentioned above and the same amount.

The allusions to birds must be extended to rabbits in those slaughterhouses that are dedicated to their slaughter.

Article 29. Plus Convention.

In replacement of the aid and productivity supplement of the previous Conventions, a plus of the Convention, the amounts of which are listed in the salary table in the Annex, is set out to be collected in fourteen pages of the same amount as the that is reviewed in the same.

In those undertakings in which a system of incentives is established or implemented, such a plus system shall be absorbed and compensated for up to a maximum of the amount set out in Annex II.

In all cases this plus of the Convention will be paid to the staff not affected by the incentive system.

Article 30. Of a periodic maturity of more than one month.

1. Extraordinary payments: Two extraordinary payments are established each of thirty days of base salary, seniority and plus Convention, which will be collected between 1 and 7 December, and between 1 and 10 June.

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

Workers in a situation of sick leave, accident or leave shall receive the extraordinary payments in the appropriate part, as if they were active for these purposes, provided that they meet the conditions set.

In extraordinary pagas, the proportion of unjustified assistance is not due to be due.

Article 31. Payment of assets.

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

However, the salary sheet supporting the payment made may be delivered to the worker within five days.

It is also recognized that the time spent for collection in banking entities will not be considered working time, while the employee to sign the sheet and for cash collection will be considered working time.

In those companies with less than 50 employees, provided that there is agreement of the Staff Delegates, the payment will be made by cheque or bank transfer, seeking in the latter case that the payment in current account or Worker's notebook occurs at the usual date of payment.

Those workers who justify the inability to withdraw money from banking institutions will be arbitrated special procedures to ensure recovery.

CHAPTER VI

Staff Classification

Article 32. Classification groups.

The staff at the service of the companies affected by this basic agreement are covered by one of the following professional groups:

1. Technical staff.

2. Administrative staff.

3. Commercial personnel.

4. Junior staff.

5. Workers ' staff.

Article 33. Categories of the Technical Staff Professional Group.

Technical personnel are in the following categories:

1. Technician titled top.

2. Technical entitled.

3. Technical not titled.

Article 34. Classification of the Professional Administrative Group.

Administrative staff are in the following categories:

1. Head of first.

2. Head of second.

3. First officer.

4. Second officer.

5. Auxiliary.

6. Phone call.

Article 35. Classification of the Professional Staff Professional Group.

Commercial personnel will be in the following categories:

1. Zone Manager or Delegate.

2. Head or Agent for purchase or sale.

3. Self-selling.

Article 36. Classification of the Professional Group of Subaltern Personnel.

The subaltern personnel are in the following categories:

1. Concierge.

2. Store.

3. Store Mozo.

4. Collector.

5. Pesador or Basculero.

6. Save or Porter.

7. Ordinance.

8. Cleaning staff.

9. Buttons.

Article 37. Classification of the Professional Workers ' Group.

Workers ' personnel are in the following groups:

a) Matadero Staff:

1. Zone or section manager.

2. Celador.

3. Matarife.

4. Processing zone auxiliary.

5. Camera operator.

6. Helper.

b) Various Trades Personnel:

1. Slaughterhouse mechanic.

2. Refrigerator mechanic.

3. Fogonero.

4. Machinist of by-products.

5. Electrician.

6. Painter.

7. Bricklayer.

8. Carpenter.

9. Plumber-Hojalemaker.

10. Chapista.

11. Cook.

12. Miscellaneous Trades Assistant.

c) Transport and delivery personnel:

1. Vehicle mechanic.

2. Vehicle driver and delivery driver.

3. Head of collection team.

4. Lavacoches and greaser.

5. Transport helper.

Article 38. Definitions.

a) Technical Staff:

1. Technician Entitled Superior: It is the one who holds an official professional title of a university or a higher grade Technical School, performs in the company functions proper to his profession and is paid exclusively or preferably by means of a salary or a lump sum, and without being subject, therefore, to the usual scale of fees in his/her respective profession, being contracted by the undertaking on the basis of his professional title.

2. Technical Entitled: It is the one who, possessing a professional degree of average degree, carries out in the industry specific functions for which he has been hired under his title.

3. Technical not entitled: It is the one without the need for any professional title, for its preparation, recognized competence and practice in all or some of the phases of the process of elaboration or service of the industry, exerts functions of executive character or Specialist technician. This definition includes the General Encharge, where it does not have an optional or technical title.

b) Administrative Staff:

1. Chief of First: It is the employee who, provided with powers or not, bears the responsibility and direction of one or more administrative sections, printing them unit and directing and distributing work.

The Chief of Staff is included in this category.

2. Head of the second: It is the employee who, provided or not of limited power, who at the orders of the Head of First, if any, performs works of higher category than the Officers, being in charge of orienting or giving unity to the section or dependency which he directs, as well as to distribute the works among the personnel who depend on him.

Included in this category:

a) Accounting: It is the employee who carries accounting in companies with responsibility.

b) Analyst: It is the person who, with knowledge of the work organization technique and the different types, characteristics and possibilities of the computers, performs the studies for the implementation of the data process the company and its progressive application to the other departments of the company.

3. First Officer: It is the employee who is in charge of a given service, within which he exercises initiative and has responsibility-with or without employees to his orders-and which performs in particular some of the following functions: charges and payments without signature or bail, statistics, transscription in books of current accounts, daily, major and correspondents, writing and correspondence with own initiative and other analogues.

This will be included in this category:

a) Programmer: It is the person who dominates the computer's own coding techniques or languages, to formulate the general application programs or programs that run specific jobs.

4. Officer of the second: It is the employee who, with initiative and restricted responsibility, performs functions of accounting, box and interveners of the same, transcription of auxiliary books, correspondence, organization of files and files, drafting of invoices, social insurance, expeditions and other similar works, including in this category to the taquimecanographs.

They will be included in this category:

a) Operator: It is the person who, trained and practical in the operation and use of the computer, knows how to correctly interpret the instructions given by the programmers to achieve the desired end.

b) Encoder: It is the person who, either manually as a function prior to his or her entry, or directly on his own machine, sets the codes for the treatment of the information that the basic documents contain. for data processing.

5. Auxiliary: It is that employee who is dedicated, within the office, to administrative elementary operations and in general to the purely mechanical inherent to the work of those, including in this category to the typists.

They will be included in this category:

a) Perforator-Verifier and Recorder: It is the person who, right and practice in the operation of these machines, performs in them the works entrusted with regularity.

6. Telephone: It is the employee who has as the main mission to be in the service of a telephone exchange. It will be assimilated to the Administrative Auxiliary category.

c) Commercial Personnel:

1. Zona Chief or Delegate: It is the person who, with knowledge of all the commercial services of sale of the products produced by the company, has the responsibility to fulfill the policies and objectives of sale emanating from the Directorate General, with the powers and powers delegated to it.

2. Head or Agent of Purchasing or Sales: It is the employee who with or without the company's vehicle, travels through the areas or regions indicated to him, in order to control, monitor and encourage the commercial management of brokers, delivery men and other agents representatives, as well as visiting clients, promoting purchases or sales, managing delinquent transactions or any other mission and distribution of the company's products. When you remain in the workplace, you can use statistical tasks, miscellaneous controls, or similar jobs.

3. Self-sale: It is the worker who has the main function to sell products to customers, using for it technical selling, spot or credit, without pre-sale of the items sold, taking charge of the collection and liquidation of sales. Performing the loading and unloading of the vehicle and being the driver of the vehicle.

d) Subalternate Staff:

1. Janitor: He is the one who is responsible for the supervision and discipline of personnel who perform subaltern functions, such as the reception and channeling of visits, the deposit and distribution of office equipment, the preservation and maintenance of the facilities of office and other similar functions entrusted to you.

2. Storage: It is the subaltern responsible for dispatching orders in the warehouses, receiving the goods, distributing it conveniently so that it does not experience demerit in its storage and are easy to locate, as well as to register in the books or tokens the movement that took place during the day and request the supplies.

3. Warehouse Mozo: It is the order of the warehouse, it helps to be in the functions proper of his office, and carries out the works of loading, unloading, stowage and desestiba, etc., that are entrusted to him.

4. Collector: It is the subaltern that has as usual occupation the realization of fees and payments outside the center of work, for account and order of the company.

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

6. Guardian or Portero: It is the one that has functions of order and surveillance, mainly taking care of the access to the factory of personnel and vehicles, carrying out at the same time other functions that are entrusted without detriment of its main function.

7. Ordinance: It is the subaltern whose mission is to do errands, copy press documents or others, carry out orders entrusted to him among the various departments, collect and deliver correspondence, and other elementary works similar.

8. Cleaning staff: It is the workers of one and the other sex in charge of the services of grooming in general and cleaning and care of the premises of use or destined to offices.

9. Buttons: It is the subaltern of sixteen and less than eighteen that performs cast and other analogous tasks on and off the premises.

e) Workers:

I. Matadero Staff:

1. Zone or Section Manager: It is the worker who with sufficient knowledge and orders of the General Encharged, performs and directs in one or more sections the functions of the same.

2. Matarife: He is the worker who sacrifices, prepares the instruments of slaughter and deals with the cleaning of his work zone, within his working day.

3. Celador: It is the operator who, with sufficient knowledge and the orders of the manager, performs and directs in one or more sections the specific functions of the same.

4. Processing Zone Auxiliary: It is the personnel who with the necessary practical knowledge carry out any of the following tasks: hang and neglect of birds slaughtered, pluck, run, evisceration, folding, sorting, packing, marchado, packaging, assembly of boxes or containers, weighing and control of weights, boning, cutting, fairing, processing of edible products and cleaning of any premises and equipment of the slaughterhouse.

5. Chamber operator: It is the worker who at the orders of his superiors introduces and places the genera in the cold chambers in a suitable position and attends to the evacuation and to load them in the vehicles of transport to destination.

6. Assistant: It is the personnel who with the necessary practical knowledge, in addition to carrying out the related works for the Process Zone Auxiliary, performs functions for which the physical effort is mainly required, such as: load and Unloading of trucks, transport and supply of live birds, hanging of live birds, aid to staff of various trades, cleaning and preservation of premises and equipment of slaughterhouse.

II. Staff of Officers Several:

1. Matadero mechanic: It is the operator who with sufficient knowledge attends the good maintenance, repair and cleaning of engines, machinery and facilities.

2. Refrigerator mechanic: It is the operator that with sufficient knowledge deals with the operation of the facilities and cold, fixed and mobile cameras carrying out maintenance and repair operations, verifies the discards of the cameras and directs the cleaning and disinfection of the same.

3. Fogonero: It is the operator that with sufficient knowledge deals with the correct operation of the heat generators, interprets and reads the manometers and control devices, performs the operations of grease and maintenance, as well as small repairs, covering, where appropriate, electrical boxes and installations.

4. Driver of Subproducts: It is the operator who, in front of the appropriate facilities, takes care of its operation and performs the feeding, unloading, etc., of the same for the exploitation of the by-products and its transformation.

5. Electrician: is the operator trained for all the following operations and tasks: read and interpret plans and drawings of electrical installations and machines and their auxiliary elements, and, according to them, assemble these facilities and machines; to carry out the work required for the placement of overhead and underground lines, low-and high-voltage power conduction, as well as telephone lines; to execute all kinds of telephone and lighting facilities, to search for defects, carry out windings and repairs of engines of C.C. and C.A., transformers and apparatus of all classes; to build those parts as staples, brackets, etc., which are related to the assembly of lines as well as to the equipment and motors, and to repair faults in the electrical installations, to make the drying of engines and oils of transformers, mounting and repairing accumulator batteries.

6. Painter: He is the operative trained in all the following operations and tasks: to read and interpret drawings and sketches, decorative schemes and specifications of work of painting to the mettle, oil and enamels on iron or wood, lucid or stucco, and perform the work of preparing the most appropriate paintings and apres according to the state of the surface to be painted and the colors finally required; to learn, to work, to reduce, to pomize, to wash, to paint, to polish the canvas or to imitate wood or other materials, filetar, broach or munch; skate, dorar and paint signs.

7. Mason: It is the operator trained in all the following operations and tasks: to read plans or drawings of factory works and to repose them on the ground and, according to them, to build with ordinary and refractory bricks, and in their different classes and shapes, massifs, walls, walls or partitions, using permissible mortar loads, and when out of order, with tilling of the bricks for its perfect seat to bone; master, revoke, blanch, show, slow, run mouldings and make Tyrolean and other current decorations and coated floors and walls with tiles and tiles pipes or parts of machines with seat products and the like.

8. Carpenter: It is the operator that with the ability to read and interpret drawings and sketches of constructions in wood and to perform with the tools of hand and corresponding machines, the operations of drawing, sawing, brushing, mortajar, spigar, encolar and other assembly operations, all finished according to the dimensions of the plans.

9. Plumber-Hojalemaker: It is the operator trained in all the following operations and tasks: read and interpret plans and drawings of water, gas, sanitation, kitchen, toilet and heating buildings, as well as buildings in lead and zinc and tin and in accordance with them, to make with the corresponding useful the tasks of drawing, curving, cutting, remachar, welding, enspending and entallar.

10. Chapista: It is the operator trained in all the following operations and tasks: to read and interpret drawings and sketches of parts and elements related to the body of the vehicles and, according to them, to construct pieces or structures of Fine veneer, having to carry out plotting, planting, bending, etc., dismounts and mounts the parts that constitute the bodies, repairing all the defects of the same, adjusting and linking with each other the pieces of plate that build. For the development of its mission it uses various tools: screwdrivers, keys, pliers, limes, saw, hammer, nodding, etc.; likewise, it employs the equipment of oxiacetylene and handles the folding machines, hand shear, table, To straighten and work the sheet, the universal machine to mold sheet metal and, in general, how many useful work are needed in this kind of operations.

11. Cook: It is the person who with sufficient theoretical and practical knowledge directs and performs the preparation and cooking of the meals of the dining room of the company.

12. Worker Assistant Several: It is the worker who at the orders of any of the above runs the operations that entrusts him each of his specialty.

III. Transportation and Delivery Personnel:

1. Vehicle mechanic: It is the one that, with precise knowledge, attends the workshop, maintenance and repair of the vehicles of the company and, where appropriate, of the other mechanical services of the slaughterhouse.

2. Driver of vehicles: It is the worker, who in possession of the carnet that requires the vehicle that is entrusted to him, performs the functions for which he trains him, attends to the care and conservation of the load, grease, cleaning, entertainment and driving the vehicle and equipment and performing the collection operations on farms and markets or fridges, directs and performs the loads and discharges, carries out the stowage and desestiba of the vehicle and entry of the goods at the points of destination.

There will be the following categories:

a) Driver of vehicles requiring class E. carnet

b) Driver of vehicles requiring class C carnet

c) Driver of vehicles requiring class B carnet

It is assimilated to this category:

Driver-Delivery: It is the worker who, in possession of the necessary driving license, has as the main function to perform the distribution and delivery of the products to the customers of the company, takes note of the orders that They will do so and take charge of the collection and liquidation of the sales they are entrusted with. It shall take care of the preservation, cleanliness and good presentation of both the vehicle and the temperature of the transported genus, if the refrigerators are treated. Where his or her work does not absorb the full day, he may be assigned to other appropriate tasks within the undertaking, subject to the provisions of Article 8.2 of this Convention.

3. Head of Team of Collection: It is the worker who directs the activities of the operatives to their orders for the collection, loading, transport, weighing and unloading of farms, abattoir and markets, taking care of their discipline and performance, as well as of the good handling of the animals in the operations mentioned, in which he collaborates personally.

4. Lavacoches and Engraser: It is the worker who takes care of the cleaning, disinfection and greasing of the vehicles of mechanical traction.

5. Transport Assistant: It is the worker who at the orders of any of the above runs the operations entrusted to him.

Article 39. Hiring Staff.

The recruitment of employees will be in accordance with the legal rules and the specific rules contained in this Convention, with companies committing themselves to the use of the different modes of procurement in accordance with the the purpose of each of the contracts.

The recruitment of staff, as referred to in Article 2 of this Convention, shall be made in writing, the full contractual text of which shall be provided to the worker at least 24 hours in advance of the signing of the contract. contract.

The recruitment of these workers will be carried out through the corresponding Employment Offices.

The maximum duration of the eventual contract due to market circumstances, accumulation of tasks or excess orders will be 12 months, within a period of 18 months, counted from the time these causes occur. If they are concerned for a period of less than 12 months, they may be carried over by agreement of the parties, but without exceeding the sum of the contracted 12-month periods, within the period of the maximum 18-month limit.

By R.D. 1424/2002, of 27 December, the companies will submit copies of the contracts to the union representatives, in accordance with the provisions of Article 8 (3) (a) of the Royal Decree of Law 1/1995, of 24 March.

Article 40. Test period.

New income staff shall be provisional during the trial period, which shall be in writing and the maximum duration of which shall be determined on the basis of the following scale:

a) Technical graduates: six months.

b) Unqualified staff: two weeks.

c) Rest of staff: three months.

The temporary disability situation will interrupt the test period if it is agreed.

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

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

Exceeded the test period the worker will become part of the company's template with the appropriate category in each case.

Article 41. Promotions.

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

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

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

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

(a) The vacancies of First Administrative Chiefs shall be filled by the staff of the Company other than the Company, freely designated by it.

(b) The remaining vacancies of administrative staff shall be covered by seniority, subject to examination of aptitude among those belonging to the lower immediate category and the other workers applying for the vacancy, regardless of the professional group in which they are registered. The post of Cajero, which will be freely covered by the company, is excepted.

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

Head or Zone Delegate and Buy-Sale Agent vacancies will be provided freely by the company.

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

Where the places to be covered correspond to aptitude tests, the undertakings shall, in their respective workplaces, announce at least two months ' notice of the date of the conclusion of the test, the vacancies or posts to be filled. cover, dates on which the exercises are to be carried out, programmes to be carried out, conditions required for the purpose of the exercise, the form of conclusion, merit, diplomas, diplomas and other requirements to be deemed preferential, in order to establish the professional capacity of the stakeholders.

Article 42. Court of qualification.

The Courts that will judge the contest or aptitude tests for income and promotions will be formed, respectively, by two persons appointed by the management of the company and others who will be appointed by the representatives of the workers. All members of the Court shall have an equal or higher professional status than those corresponding to the places to be covered.

Article 43. Ceses.

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

Technical, Administrative, Commercial, and Charged Staff: one month.

Deputy and Workers: eight days.

In the opposite case, it shall be deducted, as compensation, one day's salary for each day of delay in the notice, to be deducted from the liquidation that is practiced or to the extent that it reaches it.

Two days before the termination of the employment relationship, the company will be obliged to provide the worker with a copy of the liquidation that will be carried out for that purpose.

Article 44. Functional and Geographic Mobility.

In the case of transfers and job changes, the provisions of Articles 39 and 40 of the Workers ' Statute will be in place.

In relation to the procedure for transfers, the specific rules laid down in Article 10 of this Convention shall apply for substantial changes to working conditions.

Also, workers who have an obligation to use the meat to conduct their work and who, by judicial or administrative decision, are deprived of it, provided that it is not due to negligence serious, they will have the right to hold another job in the company for the duration of such a situation.

Article 45. Retirement.

In relation to early retirement, partial and flexible retirement will be in accordance with the law in force.

CHAPTER VII

Trade union action

Article 46. Business Committee.

a) General Functions:

1. Represent all of the company's workers to the company.

2. It will have the capacity for collective bargaining within the Company itself.

3. It may convene a workers ' assembly, after communication to the employer and subsequent acknowledgement of receipt with forty-eight hours in advance, guaranteeing the order, the non-disturbance of the production process and the absence of persons outside the company that do not have authority to it.

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

b) Labor Relations: You will be informed or will be able to collaborate on problems related to:

Training and promotion of staff.

Wages.

Awards and penalties.

Accidents at work.

Professional diseases.

Permissions.

Faults.

Social works.

Absenteeism.

c) Safety and hygiene at work: They will collaborate in the good execution of the Job Risk Prevention Plan.

d) Work Management: Will monitor strict compliance with legal regulations in matters related to:

Time and day (as referred to in Article 12 of this Convention).

Distribution and control of holidays.

Prolongation of working time as referred to in Article 14 of this Convention.

Calendar of holidays (bridges, party changes, etc.).

Classification of staff.

Category change.

e) Staff.

You will be informed by the Company of the evolution of the template (casualties, transfers, additions, etc.).

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

Labor productivity level.

General production march.

Market Outlook.

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

Article 47. Union rights.

Companies will respect the right of all workers to be freely stated, they will admit that workers affiliated with a union can hold meetings, collect quotas and distribute information outside of working hours. and without disturbing the normal business of the companies, they will not be able to subject the employment of a worker to the conditions that they do not take hold or renounce their union membership and also not to dismiss a worker or to harm him in any way, because of their trade union membership or activity. The trade unions may send information to their members in order for it to be distributed, outside the working hours, and without, in any case, the exercise of such practice to disrupt the development of the production process. In the workplace there will be bulletin boards in which the unions may insert communications, to which effect they will direct copies of the same prior to the address or ownership of the centre.

In those job centers with a workforce exceeding 120 workers, and when the Trade Unions or Central Unions have obtained 10 percent of the votes in the elections to the Enterprise Committee, the representation of the Union or Central will be held by a Delegate.

The Union which claims to have the right to be represented by personal ownership in any company must prove it to the same person in a feisty way, recognizing that the latter, acting on its condition of union representative for all intents and purposes.

The union delegate must be an active worker in the respective companies and appointed in accordance with the statutes of the central or union to whom it represents.

Article 48. Rights of Trade Union Delegates.

1. 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 respective companies.

2. They may attend meetings of the Business Committee, Safety and Health Committees and Joint Interpreting Committees, with a voice but no vote.

3. They shall have access to the same information and documentation which the undertaking must make available to the Committee of Enterprise, in accordance with the provisions of the Law and the present Convention, being obliged to keep professional secrecy in matters of those that are legally applicable. They shall hold the same guarantees and rights as recognized by the Law and this Collective Agreement to the Business Committee or Personnel Delegate.

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

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

a) About layoffs and penalties affecting union affiliates.

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

c) The implementation or review of work organization systems or any of their possible consequences.

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

7. In order to facilitate the dissemination of those notices that may be of interest to the members of the union and to the workers in general, the Company will make available to the union whose representation the Delegate is, a board (a) to be established within the Company and where appropriate access to it by all workers is ensured as far as possible.

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

9. In those institutions where this is materially feasible, and in which they hold a staff of more than 250 employees, the Directorate of the Company shall facilitate the use of a premises, in order to enable the representative of the Union to exercise the functions and tasks as appropriate.

10. The delegates will have their tasks to perform the trade union functions that are their own.

11. Participation in the negotiations of the Collective Agreement: The trade union delegates or national offices of the national central offices and the workers union representatives who participate in the negotiating committees Collective agreements will maintain their links as active workers, respecting their remuneration, in order to facilitate their work as negotiators and during the course of the above negotiation, provided that the company is affected by the negotiation in question.

12. Leave of absence: You may apply for the status of the active worker who holds a trade union position at the provincial or higher level. You will remain in such a situation as long as you are in the exercise of that position, rejoining your company if you request it within a month at the end of your performance.

13. Union quota: At the request of the employees affiliated to the plants or trade unions representing the representation referred to in this paragraph, the companies will discount the amount of the union quota on the monthly workers ' payroll corresponding. The worker interested in carrying out such an operation shall send to the Management of the Company a letter in which he shall clearly express the order of discount, the central or union to which he belongs, the amount of the fee and the number of Savings bank account or cash account to which the corresponding amount must be transferred. Companies shall carry out the following actions, unless otherwise specified.

The Company's Management will submit a copy of the transfer to the Trade Union representation in the Company if any.

Article 49. Union Guarantees.

1. Each of the members of the Staff Committee or Delegates in each working centre shall be given a credit of monthly hours paid for the exercise of their representation functions according to the following scale:

Up to 100 workers: fifteen hours.

From 101 to 250 workers: twenty hours.

From 251 to 500 workers: thirty hours.

From 501 to 750 workers: thirty-five hours.

From 751 onwards: forty hours.

In order to carry out the precise controls, workers ' and staff's delegates and members of the Enterprise Committee, who wish to make use of the credit of hours granted to them by this Convention, shall communicate with the sufficient time in advance to justify the number of hours employed in the union activities.

The components of the Company's or Personal Delegates ' Committees, members of the same candidacy, may give up all or part of the above hours to be accumulated in favor of one or more of his or her colleagues of Central or Committee, at a maximum of 50 per 100 of colleagues, in annual computation.

In addition, they will not be counted within the legal maximum of hours that, in order to appoint the Delegates of Personnel or members of the Comité de empresa as components of commissions negotiating collective agreements in the they are affected by such negotiations and where the undertaking in question is affected by the scope of the negotiation referred to.

The hours consumed in public bodies at the request of the public bodies shall not be counted for the purposes of the maximum laid down in the previous scale, in the same way as the paid licences referred to in Article 19 (f) of the present Convention.

2. No member of the Staff Committee 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 penalties are based on the action of the worker in the legal exercise of his or her representation, without prejudice to Article 54 of the Staff Regulations. If the dismissal or any other sanction for alleged serious or very serious misconduct, obey other causes shall be dealt with contradictory file, in which it shall be heard, apart from the interested party, the Committee of Enterprise or other Delegates of Personnel and the Delegate of the Union to which he belongs, in the event that he is recognized as such in the company.

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

3. Without exceeding the legal maximum, the remuneration of the members of the Staff Committee or Delegates may be consumed in order to provide for the assistance of the members to training courses organised by their trade unions, training or other Entities.

4. The Management of the Work Centre, if requested, will meet with the Business Committee once a month. The convening of the meeting and the agenda of the topics to be discussed will be established in advance.

CHAPTER VIII

Fouls and Sanctions

Article 50. Workers ' Rights and Obligations.

Workers will have the rights and obligations established by the Laws.

Article 51. Workers ' faults and penalties.

1. Fouls:

1.1 Workers may be punished by the Company's Directorate under employment non-compliance, in accordance with the graduation of faults and penalties to be determined in this Convention, and those to be established in applicable legal provisions, all in accordance with the provisions of Article 58 of the Staff Regulations.

1.2 All misconduct committed by a worker will be classified according to their importance and importance in light, severe and very serious.

1.3 Mild Faults:

1.3.1 From one to three punctuality faults, for a period of one month, without justified cause (up to 30 minutes delay).

1.3.2 Do not notify in due time the corresponding absence of temporary incapacity, unless it is proved impossible to do so.

1.3.3 Abandonment of work without cause for short time.

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

1.3.5 Do not communicate to the company the change of address within ten days of production.

1.3.6 False to work one day per month without justified cause.

1.3.7 Small oversights in the preservation of the material.

1.3.8 Read or eat at work hours.

1.3.9 To leave clothing or effects outside the sites indicated for preservation and custody.

1.3.10 Drunkenness or occasional drug addiction.

1.4 Constitute serious faults:

1.4.1 From four to eight non-justified faults of punctuality in one month (up to thirty minutes of delay).

1.4.2 False two days to work without justification in a period of one month.

1.4.3 Deliver to games during business hours, whatever these are.

1.4.4 Simulate the presence of another worker, using his signature, token, or control card.

1.4.5 Simulation of diseases or accidents.

1.4.6 Denial or desidia at work that affects your good march.

1.4.7 Disobedience to your superiors in any matter relating to your own service in the category and functions that correspond to the worker.

1.4.8 The recklessness in acts of service involving serious risk of accident to the worker or danger of damage or fire of the premises or goods; may be considered as very serious lack of malice.

1.4.9 Perform, without the appropriate permission, particular jobs during the workday in the workplace, as well as use for own uses of the company tools, both inside and outside the working and working premises work.

1.4.10 The recidivism in minor faults, even if different in nature, within a quarter.

1.4.11 Do not immediately warn your bosses of any failures of importance to be observed on the premises.

1.4.12 The drunkenness at work.

1.4.13 The oversights and mistakes that are repeated frequently or those that cause damages to the company, as well as the malicious concealment of these errors to the Directorate.

1.4.14 Failure to communicate with due timeliness the changes experienced in the family that may affect the benefits of Social Security. If there is malice it will be considered to be very serious.

1.5 The following are very serious faults:

1.5.1 Repeated and unjustified faults in attendance and punctuality.

In such a situation, more than eight non-justified faults of punctuality will be considered in a period of thirty calendar days, 16 non-justified faults of punctuality in a period of one hundred and eighty calendar days and more than 24 faults justified on punctuality over a period of one year.

In the case of non-attendance, it is the absence of work three consecutive days, without cause for a period of one year.

1.5.2 Indiscipline or disobedience at work. For these purposes they shall be considered to be a case of indiscipline or disobedience:

(a) Neglect of importance in the preservation of materials or machines, when such carelessness is derived from danger to the workers or to the detriment of the company.

b) Causing serious accident by recklessness or inexcusable negligence.

c) Smoking in places where it is prohibited for reasons of safety and hygiene. This prohibition must be clearly indicated in the places of danger by means of posters, flags or any other suitable system.

1.5.3 Verbal or physical offenses to the employer or to persons working in the Company or to family members living with them.

1.5.4 The transgression of good contractual faith, as well as the abuse of trust in the performance of work.

Among others, it will be considered transgression of the good contractual faith to leave with packages or wrappers of the work, refusing to give account of the content of the same, when requested by the personnel in charge of this mission.

This control must be carried out in accordance with the provisions of Article 18 of the Workers ' Statute.

1.5.5 The voluntary decrease in performance of labor.

1.5.6 Usual drunkenness or drug addiction if it has a negative impact on the job.

1.5.7 Fraud in the management and theft or theft, either to the company or to his or her colleagues or any other person from the premises of the work centre or during the service, anywhere.

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

1.5.9 Violate the secret of correspondence or documents reserved for the company or workers.

1.5.10 Abandon the job as a liability, without warning.

1.5.11 Originating frequent and unjustified squabbles and pendences with your coworkers.

1.5.12 Revelar a person extraneous to the company data of required reserve, producing sensitive damages to it. Also engage in activities that involve competition to the company.

1.5.13 The abuse of authority by the bosses.

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

1.5.15 Serious or physical verbal offenses of a sexual nature exercised over any worker in the company.

In the case of being exercised from positions of superiority, they will be considered in addition to be very serious, as abuse of authority, sanctionable with the disablement for the exercise of command functions or charges of responsibilities of the persons who have carried out them.

2. Penalties:

The penalties to be imposed in each case, according to the faults committed, will be as follows:

For minor faults:

a) Verbal assembly.

b) A written statement.

c) Suspension of employment and salary up to one day.

For severe faults:

Suspension of employment and salary up to one month.

For very serious faults:

(a) Suspension of employment and salary of up to six months.

b) Forced transfer without any right to compensation.

c) Despid.

Article 52. Sanctions regime.

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

In any event, the company shall communicate in writing and in advance to the Business Committee or Staff Delegate of the penalty to be imposed on the affected worker, who shall have been heard, as well as the representation of the workers.

The penalties imposed will be enforceable from the time they are issued, without prejudice to the right of the sanction to claim before the competent jurisdiction.

The indemnities shall also be payable for damages which, as a result of the misconduct, are caused to the company or to the co-workers.

Article 53. Prescription of penalties.

With regard to the workers, the minor faults will be prescribed at ten days; the serious ones, at the age of 20 and the very serious ones, at the age of 60 days from the date on which the company became aware of its commission and, in any case, the six months of the mission.

CHAPTER IX

Multiple Provisions

Article 54. Decreased capacity.

All those workers who, by accident at work or occupational disease, with a reduction of their physical or intellectual faculties, suffer a decrease in their capacity, will have a preference to occupy the positions more appropriate to their new situation, in relation to the conditions which exist in the undertaking. In these cases, the salary to be paid to the worker will be the salary assigned to the new professional category, in all cases respecting the salary that he had been enjoying before the incapacity of the worker, if he were superior, and the increases for seniority, which will be calculated on the new salary basis.

Companies whose templates exceed 50 fixed workers shall reserve at least 2 per 100 of the same for the workers included in the Register of Disabled Workers, in accordance with the provisions of the Article 11 of Decree 2531/1970, of 22 August, or if they comply with the legal requirements, they will be able to avail themselves of the alternative measures to the fulfilment of the reserve quota of 2%, regulated in the Royal Decree 27/2000, of January 14.

Article 55. Special conditions of entry.

They shall have preferential right to income, on equal merits, who have performed or perform functions in the enterprise in an eventual, interim or fixed-term manner.

Article 56. Offset expenses.

When a worker, for the purposes of the company, has to move out of his usual place of residence and does not make the vehicle journey of the company, he or she will be entitled to the amount of the trip in the middle of the transport which has been authorised to use when it is essential, or if it is a railway, in the first class, whatever its professional category.

Diets occur on the occasion of a shift away from the place where the usual work and service center resides.

The company shall provide the appropriate ticket in the appropriate means of transport in the event that it does not use a vehicle of the same.

Also, the amount of the accommodation costs in an appropriate establishment and on the basis of justification for them is included in the diet.

CHAPTER X

Interpretation of the Convention and Conflict Solution

Article 57. Conflict Solution Procedure.

1. In any matter which arises as a result of the fulfilment, interpretation, scope or application of this Convention, the parties undertake, after having exhausted all the channels of negotiation and solution at the level of the undertaking, to raise the Commission's The problem raised, which must, in any case, be affected by a collective of workers.

The interpretation of the Joint Commission shall be requested by any Company or Organization affected by the Convention, by writing to the address of the Commission, which shall send a copy to each Central Committee. Workers and Confederations.

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

2. Furthermore, the Joint Commission, after submission to the parties ' decision, may make arbitration in the individual conflicts between undertakings and workers. The arbitration shall be jointly requested by the parties in dispute, in writing in which the points or extremes submitted to the arbitration are revealed. This letter must be delivered at the address of the Joint Committee with a copy to each of the Central Workers and Confederation.

3. The parties to this Collective Agreement agree to join in their entirety and without any conditions attached to the V Agreement on the Autonomous Settlement of Labor Conflicts (extra-judicial system) or the rule to replace it, as well as, where appropriate, to the implementing regulation, linking, as a result, to all workers and businesses included in the territorial and functional areas they represent.

Article 58. Joint Commission.

In accordance with the provisions of the legislation in force and in the previous article, it is established for the fulfillment of the questions arising from this Convention and the decision of the arbitrations in conflicts that are submitted to it, a Joint Committee, whose composition and functioning shall be governed by the following rules:

1. It will consist of:

(a) Four representatives of the business associations signatory to the Convention: 2 of A.M.A.C.O.-F.A.M.A.C.E. and 2 of A.M.P.E.

b) Four representatives of the sector appointed by the signatory Trade Unions: 2 of CC.OO. and 2 of U.G.T.

(c) They may also be part of the Joint Advisory Committee appointed by the respective undersigned business and trade union representatives, with a voice but no vote.

2. The Joint Committee shall meet whenever its intervention is required in accordance with paragraphs 1 and 2 of the previous Article. It will have its registered office in AMPE, with its registered office in Calle Diego de León, number 33 (28006), Madrid, and fax 915623231, which is obliged to convene the meetings and transfer to the Central Committee the requests that motivate them and the communications and notifications which, if any, they submit to the Directorate-General for Work.

3. The Joint Committee will be validly constituted when the meeting is attended by half plus one of the representatives of employers and employees, respectively, adapting the agreements by simple majority of the votes, within each representation.

4. In the case of a case involving undertakings and workers forming part of the Joint Committee, they shall be heard by the other components, but shall not be present in the relevant deliberations, and the parity of the representation.

CHAPTER XI

Transitional disposition

Article 59. Single Transitional Provision.

The maximum percentage of employees of the company's workforce with the professional category of Zone Auxiliary may not exceed 30% of the total production template of the processing plant or the slaughterhouse corresponding to the Professional Group of Workers ' Staff.

Without prejudice to compliance with the above percentages, the promotion to the category of Assistant will necessarily imply the knowledge and performance of the functions of this category. On an equal basis, knowledge and performance of the ascent will start from the earliest.

The remuneration of the Process Zone Auxiliary will be matched within 5 years, so that in 2006 it will be absorbed 1/5 of the difference; in 2007 1/4; in 2008 1/3; in 2009 1/2; and in 2010 will have the same pay both categories, the functional content of which is kept separately for each.

Final Provisions

Article 60. Repeal provision.

The State Collective Agreement for the Industry of Bird and Bird Matches, which was signed dated 18 December 2006 and the modifications after that date and prior to the date of the date, is hereby repealed. present.

Article 61. Supplementary rules.

As not provided for or regulated in this Basic Convention, the rules on the matter as established by the general legislation shall apply.

Article 62. Worker cooperatives.

The parties to this Convention agree that the use of the so-called co-worker cooperatives is not the right solution for the necessary stability of employment in the sector, training and training. workers, improving the productivity and competitiveness of enterprises.

Consequently, the parties agree that the companies that have been using worker cooperatives during the year 2000 will progressively reduce their use, based on the percentage of their use. at 31 December 2000, up to the following percentages of workers in each enterprise:

As of December 31, 2001: 30 per 100.

As of December 31, 2002: 25 per 100.

As of December 31, 2003: 20 per 100.

As of December 31, 2004: 15 per 100.

Commission of Study.-The parties will constitute a Commission to study throughout the duration of the Convention an alternative system of antiquity, so that the agreements that, if necessary, are reached will be transferred to the Present Convention.

ANNEX I

I. Base Salary.

II. Plus Convention.

ANNEX II

I. Overtime.

Overtime will be paid in accordance with the table accompanying Annex I.

II. Currency break.

The Cashier will receive the amount of 21.88 euros a month and those who carry out regular recovery operations will receive the amount of 15.41 euros per month.

III. Plus Convention.

The plus of the Convention set out in the salary table in Annex I, will be collected in fourteen pages of the same amount in the aforementioned table, which will be absorbed and compensated up to a maximum of 667.30 euros per year in those companies in Those who are in place or an incentive scheme shall be established and to the extent that the amount of premiums to be established shall exceed the amount of that amount.

In all cases this plus of the Convention will be paid to the staff not affected by incentive system.

The plus of the Convention will not be absorbable or compensable in the amount of 51.16 euros per month and 667.30 euros per year, in companies that have introduced an incentive system.

IV. Wage clause:

Exceptionally for the years 2011 and 2012, wage tables will increase by 0.5%. This increase will only be made on tables, so workers will not be charged with arrears of both years.

For the year 2013 the salary salaries will be the result of applying a 0.6% on the final tables of the year 2012.

For the year 2014 the salary salaries will be the result of applying 0.7% on the final tables of the year 2013.

For the year 2015 the salary salaries will be the result of applying a 0.8% on the final tables of the year 2014.

In this collective agreement, you will not operate any salary revision clauses.

V. Wage convergence between the Process Zone Auxiliary and the Assistant.

The Process Zone Auxiliary, which will remain limited to 30%, will converge with the Assistant's salary for five years in such a way that the difference existing in the Wage Table of the Convention as of December 31, 2005 will be reducing by 25% in 2006; 25% in 2007; 25% in 2008; 12.5% in 2009; and 12.5% in 2010, with the salaries of the Process Area Auxiliary and the Adjutant being matched in this year.

VI. Application by the companies of the working conditions in the Collective Agreement.

When the causes provided for in art are present. 82.3 of the Workers ' Statute, undertakings may not apply the working conditions laid down in the Collective Agreement which affect the specific matters referred to in that Article.

1. Paperwork for the inapplication:

A. Prior to the application, the Company shall:

a. Develop a period of consultation in the terms set out in the art. 41.4 of the Staff Regulations.

b. In the absence of legal representation of employees in the undertaking, they may attribute their representation to a Commission designated in accordance with the provisions of Article 1. 41.4 of the Staff Regulations.

c. The Company must also inform the Joint Committee of the Convention of its intention to inapply it, specifying the matters it intends to apply, the reasons for the reasons and the duration of the measures it proposes that may not be extended further. the time at which a new agreement is applicable in that undertaking.

B. From the result of the query period:

a. When the query period ends with agreement: The item will be in the art. 82. 3 paragraph 6 of the Staff Regulations.

In the act of agreement, it must be necessary to record, with accuracy the new conditions applicable to the Company and its duration which may not be extended beyond the time when a new one is applicable convention in that company.

b. Where the period of consultations is terminated without agreement: the parties may submit the discrepancies to the Joint Committee provided for in Article 3. 58 of the Convention, which shall have a maximum period of 7 days in which to decide, to be counted since the discrepancy has been raised.

If an agreement is not reached in the Commission, or the parties will not have it submitted to the Commission, it will be in accordance with the provisions of the current legislation.

VII. Compensation in the event of death or permanent invalidity due to accident.

In accordance with the provisions of Royal Decree 1588/1999 of 15 October 1999 approving the Regulation on the implementation of the pension commitments of companies with workers and beneficiaries, the Items should be externalized before 1-1-2001, and should be assessed if it is possible to externalize them through a Pension Plan or a Collective Insurance.

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

1.1 By accident not at work.

1.1.1 Worker's death: The company shall pay to the heirs of the worker or, failing that, the person whom he has designated, the amount of Annex I.

1.1.2 Total permanent invalidity or permanent permanent invalidity of the worker: The undertaking shall pay the worker the quantity of the quantity in Annex I.

1.2 By accident at work.

1.2.1 Worker's death: The company shall pay to the heirs of the worker or, in the absence thereof, the amount of the quantity in Annex I.

1.2.2 Total permanent invalidity or permanent permanent invalidity of the worker: The Company shall pay the amount of Annex I to the worker.

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

2.1 For total permanent invalidity, the inability to disable the worker permanently to perform all or the fundamental tasks of his/her usual profession, even if he/she can dedicate himself to a different one.

2.2 For absolute permanent invalidity, the inability to disable the worker permanently for all professions and trade.

3. The company is required to submit to the Company's Committee of Company or Delegate a photocopy of the Polyza and the receipts for payment of the premium.

ANNEX III

Rules to be followed in the absence of the work center

1. General rules:

a) Any absence must be known before.

b) Your request must be in writing.

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

2. Specific cases:

a) Punctuality High: Wasted time will be deducted at cost. Entry into the work will be allowed up to one and a half hours after the start of the day. Up to this authorized limit time will be expected to meet half an hour fraction for incorporation into the job.

Regardless of what is here, the current legislation will apply.

b) Medical visits: In the case of exits to the insurance doctor, the company will pay up to three hours when the visit coincides with the work schedule. For your credit, it will be mandatory for the flyer to be signed and dated by the doctor.

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

c) Compliance with public duty: The time spent will be paid. The company shall adjust to the timetable specified by the worker in order to enable it to comply with the public duty.

They will be considered public duty compliance:

National Identity Document: It will be paid in case of renewal and once every five years. It is considered that any person should be provided with the identity card at the company.

Military Government: Citation of this Agency, provided that the worker is not on the permit of the military service. The citation document shall be the justification for the absence. The military magazine will be considered as a particular permit.

Citation of courts: The summons shall be justified by the absence of the right to receive remuneration for the time lost. Where the cause followed is attributable to the worker, the absence shall be qualified as a particular permit.

d) Particular permissions: They will be discounted at cost price.

e) Low disease: Two days per year will be paid. Where an employee is exhausted for two days, he or she shall continue to be required to justify these absences on the grounds that the absence is not justified. The cost will be deducted for the two days.

f) Temporary capacity: As a measure to combat absenteeism and improve the situation of workers on sick leave or accident, companies will pay, on the benefits of Social Security, the following add-ons:

1. In the case of a worker's common sickness or non-employment accident, duly checked, with a duration exceeding 20 days and only from 21 days, the employer shall pay the worker the difference between the provision of social security or mutual insurance. employer and 100 per 100 of the salary to be received according to the agreement. Such a supplement shall be collected provided that the worker's individual absenteeism rate does not exceed 5 per 100 in the preceding calendar year.

Not to be counted as non-attendance, for the purposes of the preceding paragraph, the absences due to general strike for the duration of the same, the exercise of activities of legal representation of the workers, accident at work, maternity, leave and leave or sickness or non-work accident where the discharge has been agreed by the official health services and has a duration of more than 20 consecutive days.

2. Where the temporary incapacity, duly accredited, is the result of an accident at work or occupational disease, or a common illness or accident which requires hospitalization, the undertaking shall pay the necessary supplement to ensure that, In conjunction with the economic benefit of the employer's Social or Mutual Insurance, the worker receives 100 per 100 of the salary to be paid under the agreement.

In order to be entitled to the perception of such supplement, the medical justification must indicate, expressly, the impossibility of working that day or days.

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

g) High without justifying: In addition to sanctioning according to the Laws in force, it will be deducted at cost. This discount shall exclude the discount provided for in Article 73.1 (c) of the Labour Ordinance.

continuing Professional Training

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

1. General considerations:

The signatories agree that one of the causes of the poor situation in the labour market derives from the shift away from vocational training in relation to the real needs of labour and the lack of Continuous occupational training for the updating and adaptation of the active workers to the new features of the tasks of the companies of the sector.

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

For these purposes, the signatory parties consider it necessary:

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

Develop and promote the effective implementation of Article 23 of the Workers ' Statute, Article 19g) of this Convention, as well as the international conventions signed by Spain concerning the right to training continues, providing the time needed for training.

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

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

Coordinate and follow the development of student training courses that are received by businesses.

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

2. Training Plan.

In the perspective of the above general considerations, the parties affected by the agreement agree to establish a Professional Training Plan in the Sector, which has as its basic objectives:

Recycling of workers on the asset.

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

The signatory parties will jointly propose to the various administrations the celebration of the announced objectives.

3. Joint Training Commission.

Under the previous agreement and for the purpose of its development, a Joint Training Commission is constituted of between the components of the Interpretive Commission of the Convention, composed of 8 members (two for each of the Business associations and signatory unions) who will be able to be assisted by advisers, both from the administration and from the signatory parties, experts in vocational training.

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

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

Previous design of advisors, plan and manage Industry Professional Training.

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

Propose the premises and monitors for the courses.

Draw up the selection criteria for course participants.

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

All those related to the courses awarded to this Commission for Vocational Training.

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

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

As a consequence of the granting of courses by the Administration and the granting that the Commission makes to each signatory institution, the expenses incurred will have to be those that the course has granted, without claiming the No major budget increases for the elderly.

If one of the signatory parties to the Training Commission leaves the Training Commission during the course of the petition, grant, award and delivery of the courses, all rights of any kind shall be deemed to be waived, passing these to the rest of the signers.

Final disposition. Joint Committee Professional Classification.

The negotiating parties agree to establish a joint committee on professional classification composed of four members appointed by each party, in order to adapt the current system of professional classification to (a) the provisions of the Staff Regulations of workers within a period of not more than one year. At the same time, the other areas of the text of the Collective Agreement which relate to the system of professional classification which are in contradiction with the new system shall be adapted.