Advanced Search

Resolution Of March 18, 2014, Of The Directorate-General Of Employment, That Is Recorded And Published The Collective Agreement Of The Derivatives Of The Cement Sector Vi.

Original Language Title: Resolución de 18 de marzo de 2014, de la Dirección General de Empleo, por la que se registra y publica el VI Convenio colectivo del sector de derivados del cemento.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

Having regard to the text of the Sixth Collective Convention of the Cement Derivatives Sector (Convention Code No. 99010355011996), which was signed, dated February 5, 2014, by the National Association of the Industry of the Precast of Concrete (ANDECE), National Association of Prepared Concrete Manufacturers (ANEFHOP) and the Business Federation of Cement Derivatives and Building Materials Warehouses (FEDCAM), representing companies of the sector, and, of the other, by the State Federation of Construction, Wood and Purposes of CC.OO. (FECOMA-CC.OO.) and the State Federation of Metal, Construction and Purposes of UGT (MCA-UGT), representing the workers concerned, and in accordance with the provisions of Article 90 (2) and (3) of the Law on the Status of Workers, Recast text approved by the 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 your publication in the "Official State Bulletin".

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

VI GENERAL COLLECTIVE AGREEMENT OF CEMENT DERIVATIVES SECTOR

PRELIMINARY CHAPTER

Signatory Parties

Parties to the present General Convention, of a part, Metal, Construction and Aends, of the UGT, Federation of Industry (MCA-UGT) and the Federation of Construction, Wood and Aends of CC.OO. (FECOMA-CC.OO.), as a labor representation, and, on the other hand, the National Association of the Precast Concrete Industry (ANDECE), the National Association of Prepared Concrete Manufacturers (ANEFHOP) and the Business Federation of Derivatives Cement and Building Materials (FEDCAM), as business representation. Both parties recognise each other's legitimacy to negotiate this Convention.

CHAPTER I

Structure and Negotiation Scopes

Article 1. Structure of collective bargaining.

The structure of collective bargaining, in the field of the Sector, is defined according to the following criteria:

1. General Collective Agreement: This Sixth General Collective Agreement of the Cement Derivative Sector comes to replace the V General Convention. Its content refers to the regulation of the general working conditions to be applied in all its fields and with the validity that the Convention itself establishes.

2. Lower Scope Collective Conventions:

2.1 Provincial Collective Agreements, and, where appropriate, Autonomous Community: These are those Conventions that aim to develop the subjects of their own negotiation, with the limitations and the setting of competences. which are set out in Article 3.

2.2 Enterprise Conventions: These are those agreements concluded between the Company and the works councils, staff delegates or, where appropriate, trade union sections which aim to develop the application of the company's companies. matters reserved for its scope, as set out in Article 3.

Article 2. Attribution of powers according to the areas of negotiation.

The collective bargaining issues, as provided for in Article 84 of the Workers ' Statute, are reserved for the General Convention, and are then specified:

-Labor hiring and its modalities.

-Test Periods.

-Professional Classification and Professional Groups.

-Geographic Mobility.

-Disciplinary regime.

-Safety and Health Care.

The parties to the General Convention note the high level of effectiveness and favourable results in the stability and improvement of contractual relations between the parties and sectors affected by the scope of the Convention. Convention as a consequence of the regulation of their relations under the amparo of the contents developed on the subjects which are then related.

Having this present, and assuming the forecasts contained in Article 83.2 of the E.T., in relation to the matters not referred to in the first paragraph of this article, the signatory parties agree to reserve the General Agreement the following matters:

-Functional Mobility.

-Wage Structure.

-Professional Training.

-Day.

-State Joint Commission.

-Permissions, Licenses, and Excessences Regime.

-Collective Representation.

-Sorting and Organization of Work.

-Temporary Suspension of Contracts.

-Social Security Complementary Benefits.

Article 3. Agreement on collective bargaining in lower areas.

It is agreed to reserve for collective bargaining in Provincial or Autonomous Conventions, if any, the following matters:

-Extra-judicial voluntary conflict resolution procedures.

-Autonomous and provincial salary tables, as well as their reviews by application of the agreements reached within the General Convention.

-Annual work schedule for adaptation of the agreed time to the General Convention.

-Joint Commission of the corresponding convention.

It is agreed to reserve for collective bargaining at the enterprise level the following subjects:

-Adaptation of the annual calendar.

-Time and distribution of working time, shift work arrangements and holiday planning, all taking into account the maximum annual working time agreed in the General Convention.

-Professional Classification, in its adaptation to the company.

-Functional Mobility, in its adaptation to the company.

-Adaptation of the aspects of the procurement modes that are attributed to the business agreements.

-Measures to promote reconciliation between family and personal work life.

-Base salary and salary supplements, including those linked to the company's situation and results.

-Abono or overtime compensation and specific pay for shift work.

And all of this by granting, in case of concurrency, application priority to business agreements.

Article 4. The validity of the lower scope conventions.

The lower-level Conventions that are in force at the time of the entry into force of this General Collective Agreement, shall remain in force, in all its content, until their temporary term, and shall conform to their Articles and conditions to the here agreed upon in their corresponding renewals.

Article 5. Concurrency of conventions.

In accordance with the provisions of Article 84 of the Staff Regulations, and the powers of competence referred to in Article 2 of this General Convention, the application in the cases of competition between conventions of different scope, shall be resolved taking into account the following principles:

A. Hierarchy Principle:

1. The concurrence between Conventions of different scope will be resolved subject to what is agreed at the state level.

2. By way of derogation from the above paragraph, the necessary rules of law in this respect shall be respected in the legislation in force at any time.

B. Principle of security and consistency.

1. The signatory parties to this General Convention, during their term of office, and making use of their fundamental rights of association and freedom of association, and in order for them to have legal consequences for their federated and Confederate They shall, in respect of themselves and of all organizations, make up and represent, not to promote, negotiate, or conclude, Provincial or Autonomous Community Conventions which contain or regulate matters reserved for the general state, or which, in some way, object to it, or contradict its prescriptions. Any pact contained in lower-level agreements that contravene the provisions of this General Convention and corresponds to matters whose competence is exclusively attributed to it shall be null and void.

2. Moreover, in accordance with the undertaking agreed in the preceding paragraph, those same parties and in respect of equal representations, in order to guarantee the constitutional principle of legal certainty, expressly renounce the exercise of the the right to be recognised in the third paragraph of Article 84 of the recast of the Law of the Workers ' Statute, to affect in territorial areas less than the covenants of this General Convention and during the period of validity agreed upon, thus committing not to alter them.

C. Principle of territoriality.

The provincial, or autonomic, Convention shall apply, where applicable, in the place of the effective provision of services, without prejudice to the assumptions provided for in Article 3.3 of the recast of the Statute of the Staff Regulations. of the Workers.

D. Principle of complementarity.

In accordance with Article 83.2 of the recast text of the Law of the Workers ' Statute, the undersigned organizations recognize the principle of complementarity of the General Agreement of the Sector with respect to those of lower.

CHAPTER II

Application scopes and validity

Article 6. Effectiveness and obligations.

Given the normative nature and general effectiveness, which is given to it by the provisions of Title III of the Workers ' Statute and the representativeness of the undersigned organizations, this Convention will oblige all Associations, Entities, Companies and workers within their functional, personal and territorial areas.

Article 7. Territorial scope.

This General Convention shall apply to the entire territory of the Spanish State, without prejudice to the provisions of Article 1.4 of the Staff Regulations.

Article 8. Functional scope.

The industries involved in the manufacture of articles derived from cement, their handling and assembly, which then relates: Manufacture of prepared concrete and mortars for their supply to the works.

Manufacture of fibre-cement products, such as plates, tubes, fittings and other elements. Manufacture of articles and elements in mass, armed, post or prestressed concrete and mortars, as well as articles in cement-cement and pomez-cement, such as cobblestones, tiles, blocks, kerbs, buffs, tanks, concrete architectural, slabs, mouldings, artificial stone, poles, tiles, tubes, beams and other structural elements, etc. The activities complementary to the related activities, as well as the marketing and distribution of the products mentioned above.

Article 9. Personal scope.

The whole of the companies and workers whose activity falls within the functional area described in the previous Article 9 are included in the scope of this Convention. The exception of their application to those covered by the different paragraphs of Article 1 (3) of the Staff Regulations.

Article 10. Temporary scope.

The duration of this agreement shall be four years, from 1 January 2013 to 31 December 2016.

The agreed remuneration aspects will be rolled back to 1 January 2013. Notwithstanding the foregoing, and, in the avoidance of the regulatory vacuum which otherwise would occur, once its initial validity, or that of any of its extensions, has been terminated, it will continue to govern, in its entirety, its normative content, until it is replaced by another.

Article 11. Material scope.

This Convention regulates the general working conditions with the scope provided for in the preceding Articles and includes and develops the matters referred to in Article 2 of this Convention.

Article 12. Complaint and extension.

In the extension of the Convention, it will be established in the current legislation, unless one of the signatory parties denounces it to the other, at least three months before its expiration or any one of the their extensions.

The party making the complaint shall accompany a specific proposal on the points and content of the requested review. Copies of this communication and the proposal will be sent to the Directorate-General for Work for the purpose of registration. The parties to this General Convention assume the commitment to initiate the negotiation of the proposal and the content of the review requested within the maximum period of one month after the complaint is made.

Article 13. Binding to the entire.

The conditions that are agreed upon, whatever their nature and content, constitute an indivisible unitary set, being accepted by the parties who subscribe to it that the obligations that they reciprocate have a the equivalent of the rights they acquire, considering all of this as a whole and on an annual basis, without therefore being able to be interpreted or applied in an isolated manner and independently of the other.

In the event that the Competent Jurisdiction, in use of its powers, annuls or invalidates any of the covenants contained in this Convention, the negotiating parties shall consider whether it is valid on its own. If a new and full or partial renegotiation of it is necessary, if such an assumption is made, the signatory parties to this Convention undertake to meet within 30 days of the determination of the resolution in order to resolve the problem raised if within 90 days of the date of the determination of the resolution in question, the signatory parties not reaching an agreement, they undertake to set a schedule of meetings for the negotiation of the Convention in its entirety, if the situation of nullity occurs and, as long as it lasts, the parties shall be governed by the provisions of the Fifth General Convention on Cement Derivatives.

CHAPTER III

Joint Commission

Article 14. Joint Commission of Interpretation.

A Joint Joint Commission for the interpretation of this Convention is hereby established.

There shall be members of the same eight representatives for each of the intervening parties, social and business, appointed in the manner decided by the respective organizations and preferably from among the component members of the Commission Negotiating this Convention.

The Secretary will be a vocal member of the Commission.

The agreements of the Commission to be valid shall require the presence, directly or by representation of at least four members of each of the business and social parties and shall always be adopted by the absolute majority of the all the components of the Commission, with the exception of the case provided for in Article 15.1 (g). The agreements to be adopted by the Joint Committee shall have the same effectiveness as the agreed standard.

In the event of no agreement the parties undertake to seek prior mediation and, in the event of no effect, to submit the dispute to the arbitration in accordance with the terms developed in Chapter XVI of the Convention.

Article 15. Functions and procedure of the Joint Commission for Interpretation.

1. Its functions will be as follows:

a) Interpretation of any and all clauses of this Convention.

b) At the request of one of the parties, to mediate and/or to attempt to reconcile in their case, and after agreement of the parties and at the request of the parties, to arbitrate in so many matters and conflicts, all of them of a collective nature, they can to be taken into account in the application of this Convention. In the event of a collective conflict, the parties undertake to request the intervention of the Joint Committee prior to the formal approach to the conflict in the field of non-judicial proceedings developed in Chapter XVI of the convention, as well as before the competent judicial body (Article 91.3 ET).

c) Monitoring and monitoring compliance with the agreement.

d) Elaboration of the registry of mediators and arbitrators in the voluntary extrajudicial procedures for the settlement of collective conflicts.

e) Updating of the sectoral minimum wages set out in Annex I.

f) How many other functions tend to be more effective in the Convention or come set in their text.

g) Adaptation of the convention during its lifetime.

(h) Intervention in the event of a breach in cases arising within the Joint Commission of Interpretation in lower areas, in particular in cases arising from the substantial modification of the conditions of work or implementation of the wage regime.

i) Setting objective criteria for the assessment of jobs and professional promotion, derived from the application of the professional classification system.

2. As a procedure which will be prior to and mandatory for any judicial action in particular in all matters relating to Chapter V to be promoted, the signatory parties to this Convention shall be obliged to bring to the attention of the Commission Joint Joint Committee on the interpretation and application of Chapter V of a general nature may be considered in relation to the interpretation and application of Chapter V as long as they are of its competence. in accordance with the provisions of the previous paragraph, in order to enable it to intervene, resolve the problem raised or, if this is not possible, give an opinion on the matter. Such a procedure shall be deemed to have been completed if the time limit laid down in paragraph 4 of this Article has elapsed without a judgment or opinion being delivered.

3. Where a party wishes to use one of the cases referred to in paragraphs (a), (b), (d) and (h) of paragraph 1 of this Article, it shall make it to the members of the Joint Interpretation Committee, through the organisations which have signed the For 15 days in advance, sufficient documentation shall contain at least:

a) Exposure to the problem or conflict.

b) Argument.

c) Solution proposal.

4. The Joint Joint Committee shall, upon receipt of the proposal or, where appropriate, complete the relevant information, have a period of not more than 20 working days to resolve the issue or, if this is not possible, to issue the Timely opinion. After that time limit, the competent court shall be open, without any resolution or opinion.

5. The Commission may, by way of extension, collect as much information or documentation as it considers relevant for a better or more complete information of the case, to which it shall give a time limit to the proposer which may not exceed 5 working days.

6. In any case, the resolutions of the Joint Commission of Interpretation shall take the written and reasoned form.

7. The address of the Joint Commission of Interpretation on the Paseo de la Castellana, 226, is fixed at 28046 Madrid.

CHAPTER IV

Hiring

Article 16. Form of contract.

The admission of workers to the Companies will be realized as a general rule through written contract.

The written work contract must be formalized prior to the commencement of service delivery. The general content of the conditions agreed upon and the professional group in which the worker is placed, and in any case the minimum content of the contract, shall be recorded in all employment contracts. The minimum content of the contract is considered to be the fixing of the contract: the complete identification of the contracting parties, the geographical location and the name, if any, of the working centre to which the worker is assigned, the address of the company's registered office, the professional group, in which the worker is assigned, the total annual remuneration initially agreed and the literal expression of the applicable Collective Agreement.

Article 17. Test period. Maximum time.

A test period may be arranged in writing that in no case shall exceed:

Group 1: 6 months.

Groups 2 and 3: 3 months.

Group 4: 2 months.

Groups 5, 6, and 7: 1 month.

Group 8: 15 days.

Article 18. Test period. Development.

1. During the probationary period the worker shall have the rights and obligations corresponding to the professional group that has been assigned, as if he were a staff member, except those arising from the resolution of the employment relationship, which may be produced at the request of any of the parties during its course, without prior notice and without the right of any of the parties to any compensation, the withdrawal in writing shall be communicated.

2. º Elapsed the trial period without the withdrawal of the contract, the contract will produce full effects by computing the time of services provided for the purpose of seniority.

3. The situation of I. T. resulting from an accident of work affecting the worker during the trial period will interrupt the calculation of the same.

Article 19. Modalities of procurement.

Companies affected by this Convention may conclude any type of employment contract, the modality of which is covered by the current legislation or the present Collective Agreement.

Article 20. Fixed template contract.

It shall be understood as a fixed template contract that is designed to be between an Enterprise and a worker for the provision of work for an indefinite period, or for legal imperative or judicial decision to take that condition.

Article 21. Part-time contract.

1. The contract of employment shall be deemed to be held on a part-time basis when, in accordance with the terms laid down in Article 16 of the present General Collective Agreement, the provision of services has been agreed in addition to number of hours per day, week, month or year less than the duration of the daily, weekly, monthly or annual day, corresponding.

2. Furthermore, they must be expressly stated in the contract of work or subsequent agreement, the additional hours that the parties agree to make.

3. For all other matters related to this type of contract, the provisions of Article 12 of the Workers ' Statute will apply.

Article 22. Contracts in training and training.

1. Contract on Practices.

The general regulation provided for in Article 11.1 of the Staff Regulations shall apply to this contractual modality, except for the following special feature:

The provincial collective agreements or, where appropriate, autonomic agreements should set in their salary tables the regulatory salaries of such contractual modality, which in no case will be lower than the annual gross remuneration allocated to Group 6 of the table of sectoral minimum economic remuneration of this General Collective Agreement in force at any time. In the case of termination of the undertaking, a certificate shall be issued to the worker concerning the practices in which the duration of the practice is to be carried out.

2. Contracts for training and learning.

The general regulation provided for in Article 11.2 of the Staff Regulations and in Royal Decree 1529/2012 of 9 November, as well as in the transitional provision, shall apply to these contractual arrangements. ninth of Law 3/2012 of 6 July, and consistent legislation, with the exception of the following special features:

(A) No contracts of less than six months ' duration may be concluded and may be extended up to twice for periods of at least six months and without the maximum duration exceeding three years.

B) The provincial or, where appropriate, autonomic collective agreements shall set in their salary tables the wages of such contractual arrangements, which shall in no case be less than the annual gross remuneration allocated to Group 6 of the table of sectoral minimum economic remuneration of this General Collective Agreement in force at any time. In the case of termination of the undertaking, the worker shall be given a certificate concerning the theoretical and practical training, acquired in which the duration of the training is to be completed.

C) Training workers will receive 100% of the non-wage supplement, regardless of the time spent on theoretical training.

Article 23. Contract of work for the performance of a given work or service. And contracts to address market circumstances, backlog of tasks, or excess orders.

1. Contract of work for the performance of a given work or service.

A) Under the provisions of Article 15.1.a) of the Workers ' Statute, they are identified as works or tasks with a substantive nature within the normal business of the undertaking, only the following activities of the sector:

a) Manufacture and supply of concrete to a given work.

b) Maintenance works, structural works or breakdowns, and therefore not common.

c) The order or manufacture for the supply to a sufficiently identified and indeterminate work at its completion which, due to its different characteristics of the usual orders or fabrications, involves an alteration transcendent with respect to the normal rhythm or programs of production.

B) Content and legal status:

In the work contracts under this modality, the nature of the contract must be accurately and clearly indicated and sufficiently identify the work or service that constitutes its object.

The duration of the contract shall be that of the time required for the performance of the work or service. The use of such contractual arrangements will, in any event, require the preparation of a basic copy of the contract, which in addition to the content which the basic copies of the contract must contain in general, will necessarily express: the subject-matter of the contract, the working conditions laid down therein, the specification of the number of workers to be provided for in the work or service, the group assigned to the worker and the estimated duration of the work or service. This basic copy shall be transferred within the legal time limits to the representatives of the employees. Contracts for a given work or service shall be presumed to be concluded for an indeterminate period of time where the identification and object of the identification and object of the contract are inaccurate or inaccurate, and it is therefore virtually impossible to verify or verification of compliance.

2. Contracts to address market circumstances, backlog of tasks, or excess orders.

(a) In accordance with Article 15.1.b) of the recast text of the Workers ' Statute, the maximum duration of any contract for the circumstances of production, accumulation of tasks or excess of orders, may be twelve months within a maximum period of eighteen months.

b) Shall be expressed in the same, with the necessary precision and clarity the supporting and generating cause of the procurement.

Article 24. Provisions common to fixed-term contracts.

1. The notice of termination of termination of any given mode of contract shall be required in writing to the worker. Such notice shall be made at least seven days in advance for contracts with a duration not exceeding 30 calendar days and 15 days if the duration of the contract exceeds that period. The employer may replace this notice with an allowance equivalent to the amount corresponding to the days of notice omitted calculated on the tables of the Convention, without prejudice to the written notification of the eesc. The compensation shall be included in the receipt of wages with the settlement of the cessation.

2. Upon completion of the temporary contracts provided for in this Convention, the worker shall receive the amount equivalent to 7% of the wages of the Convention accrued during the period of validity of the same.

CHAPTER V

Classification by Professional Groups

Article 25. General criteria.

1. This chapter on professional classification is essentially based on the criteria laid down in Article 22 of the Staff Regulations for the existence of the Professional Group, i.e. the one which groups together the skills, professions, qualifications and general content of the benefit, and may include different tasks, functions, professional specialties or responsibilities assigned to the worker.

2. Classification is carried out in functional divisions and professional groups by interpretation and application of general objective criteria and by the most representative basic tasks and functions developed by the workers.

3. In the case of regular concurrency in a worker of basic tasks corresponding to different professional groups, the classification shall be carried out by virtue of the functions that are performed for the longest time. This classification criterion shall not imply that the performance of complementary tasks which are essential for positions classified in lower professional groups is excluded from the positions of each professional group.

4. All workers affected by this General Convention shall be assigned to a certain functional division and to a professional group. Both circumstances will define their position in each company's organizational structure. The categories in force at the time of entry into force of this Convention, which are referred to in each of the professional groups for guidance, are classified in "three functional divisions" defined in the following terms:

Technicians: This functional division encompasses all workers whose activity is primarily oriented to provide their services in the technical areas, with a high degree of qualification which, generally, has been studies with higher or medium degrees.

Employees: This functional division consists of the staff who for their knowledge and/or experience, performs administrative, commercial, organizational, IT, and, in general, the specific office positions, which provide information on the management, economic accounting activity, coordination of productive tasks, or the carrying out of ancillary or sub-alternative tasks.

Operatives: In this functional division is the staff who, by their knowledge and/or experience, execute operations related to the production, either directly, acting in the production process, or maintenance, transport or other ancillary operations, and may in turn carry out supervisory or coordination functions.

5. The factors determining the professional classification of workers falling within the scope of this Convention and which, therefore, indicate the membership of each of them to a particular professional group, all according to the criteria Article 22 of the Staff Regulations is defined in this paragraph.

In addition, it should be taken into account when qualifying the jobs, the size of the company or the productive unit in which the function is developed, since it can influence the assessment of all or some of the factors. The framing of workers within the professional structure and, consequently, the assignment to each of them of a particular Professional Group, will be the result of the joint weighting of the following factors:

I. Knowledge: In addition to the basic training required to be able to fulfil the task correctly, the degree of knowledge and experience acquired, as well as the difficulty in acquiring such knowledge or experience, will be considered.

This factor can be divided into two subfactors:

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

B) Experience: This subfactor determines, for a person of average capacity, and possessing the specific training indicated in the preceding paragraph, the skill and practice required to perform the post, obtaining a performance sufficient quantity and quality.

II. Initiative: Factor to take into account the greater or lesser degree of dependence on guidelines, guidelines or standards in the execution of their functions, valuing the existence of written rules or procedural manuals. This factor includes both the need to detect problems and to improvise solutions to them, choosing the one that is considered most appropriate.

III. Autonomy: Factor for whose assessment the degree of hierarchical dependence on the performance of the tasks or functions that are developed will be taken into account.

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

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

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

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

The circumstances regarding the mode of work (night, shift, etc.) will not be included in this sub-factor.

V. Responsibility: Factor in which the degree of autonomy of action of the holder of the function and the degree of influence on the results and importance of the consequences of the management are taken into account. This factor comprises the subfactors:

a) Responsibility for management and results: This sub-factor considers the responsibility assumed by the occupant of the post on the errors that may occur. Not only the direct consequences are valued, but also their possible impact on the company's progress. To assess the extent to which the work is supervised or subsequently checked is taken into account.

b) Interrelation capacity: This sub-factor appreciates the responsibility assumed by the occupant of the post on contacts with other people, inside and outside the company to achieve the desired results.

VI. Command: It is the set of tasks of planning, organizing, controlling and directing the activities of others, which require the necessary knowledge to understand, motivate and develop people who are hierarchically dependent on the position.

To be evaluated, account should be taken of:

a) Task ordering capability.

b) Nature of the collective.

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

Therefore, applying the above factors, we get 9 Professional Groups numbered from 0 to 8, the characteristics of which are as follows:

Group 0.

Definition: Workers belonging to this group, plan, organize, direct, coordinate and control the activities of the company. Its functions are aimed at the establishment of policies aimed at the effective utilization of human and material resources, assuming responsibility for achieving planned objectives, making decisions (or participating in their (a) which affect fundamental aspects of the business of the company and which have managerial positions.

Training: Titling or knowledge acquired in the performance of your profession, equivalent to higher-grade university studies completed with sufficient professional experience and extensive specific training in the job.

Jobs:

Director General.

Director division.

Managing Director.

Group 1.

Definition: Functions that involve performing complex and heterogeneous technical tasks with defined global objectives and high degree of demand in autonomy, initiative and responsibility. Functions that involve the integration, coordination, and monitoring of functions performed by a set of collaborators in a single functional unit. Also included in this professional group are functions that assume a complete responsibility for the management of one or more functional areas of the company based on broad general guidelines directly emanating from the personnel belonging to the company. to group 0 or of its own management, to which they must account for its management. Functions that involve performing technical tasks of the highest complexity and even participation in the definition of the concrete objectives to be achieved in their field.

Training: Higher qualification or knowledge acquired in the performance of their profession equivalent to higher-grade university studies, completed with specific training in the job or studies middle-grade university students, completed with a sufficient experience in their professional sector.

Jobs:

Technicians:

Technical Director.

Higher graduates.

Employees:

Managing Director.

Chief Financial Officer.

Commercial Director.

Director Marketing.

Director RR. HH.

Production Director.

Activities and tasks relationship: In general, all members of the Management Committee and all senior graduates who perform the functions of their qualifications.

Group 2.

Definition: Functions that involve performing complex and heterogeneous technical tasks with defined global objectives and high degree of demand in autonomy, initiative and responsibility. Functions that involve the integration, coordination, and monitoring of functions performed by a set of collaborators in a single functional unit. Also included in this professional group are functions that assume a complete responsibility for the management of one or more functional areas of the company based on broad general guidelines directly emanating from the personnel belonging to the company. to group -1-or of their own management, to which they must account for their management.

Training: Medium or knowledge acquired in the performance of your profession, equivalent to medium-grade university studies completed with a specific job training.

Jobs:

Technicians:

Media graduates.

Employees:

Chief Administration.

Sales Manager.

Chief purchases.

Chief of staff.

Production Manager.

Head factory.

General Manager.

Activity and task relationship:

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

Technical responsibility of a laboratory or set of multiple laboratories.

Technical monitoring of a manufacturing process or section or the entire process.

Technical monitoring of a service group or all of the services and even all technical processes.

Coordination, monitoring, and sorting of heterogeneous administrative jobs or set of administrative activities.

Take responsibility for the operation on the data processing service set.

Analysis of computer systems. Responsible for the sales network.

Group 3.

Definition: Functions that involve the coordination and monitoring of heterogeneous tasks performed by a set of collaborators. Tasks which, even without assuming the requirement of maximum responsibility in the command, require in their development content prominently of an intellectual character in relation to the physical or manual character and/or human interrelation, within a framework of precise instructions for high technical complexity.

Training: Technical or knowledge acquired in the performance of their profession equivalent to Secondary Education or Second Degree Vocational Training, supplemented by a sufficient experience in the post of secondary education work. Jobs:

Technicians:

Technical department.

Technical quality control.

Technical RR prevention. LL.

Delineant 1.

Employees:

Administrative Officer 1.

Commercial Technician.

Commercial Concrete.

Commercial/Travel.

Operatives:

Head and Section Manager.

Chief Workshop.

Head plant ant.

Activity and task relationship:

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

Project development and development tasks according to instructions.

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

Computer application analysts.

Activities with responsibility for ordering and monitoring the execution of production, maintenance, services, or administration tasks, or all of them.

Responsibility for a homogeneous unit of administrative character or the set of administrative services of a company.

Sales Network Monitors or Monitors.

Specialized Vendors.

Group 4.

Definition: Functions that involve the coordination and monitoring of homogeneous tasks, performed by a set of collaborators in a smaller organizational state. Tasks that require in their development content of intellectual and/or manual character, in a framework of precise instructions of medium technical complexity, that are executed with autonomy within the established productive process.

Training: Knowledge acquired in the performance of your profession equivalent to Secondary Education or Second Degree Professional Training, complemented by a sufficient experience in the job.

Jobs:

Technicians:

Delineant 2.

Laboratory Analyst.

Employees: Administrative Officer 2.

Operatives:

Official 1.

Vehicle driver greater than 7,500 Kg.

Concrete plant dispenser.

Truck ant truck driver.

Tower Gruist.

Mobile crane operator.

1515,000 Kg.

Special parts group.

Activity and task relationship:

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

Outline tasks. Translation, correspondent, typing and telephone tasks with domain of at least one foreign language.

Accounting tasks consisting of gathering the elements provided by the contributors and making statements, balances, costs, treasury forecasts and other similar works based on the company's accounting plan.

Masonry tasks, carpentry, electricity, painting, mechanics as welders, ferrallists, modelers, electricians, etc., with the capacity to solve all the requirements of your specialty.

Activities involving the supervision and coordination of activities that may be seconded by several workers from a lower professional group.

Large-tonnage truck drivers, greater than 15,000 Kg., dealing with their maintenance and operation and repair of breakdowns that do not require workshop elements.

Special Parts Cranes and which implies responsibility for their maintenance and operation.

Group 5.

Definition: Autonomous execution works that usually require initiative and reasoning by the workers who perform them under the supervision of their responsibility and can be helped by other workers.

Training: Titulation or knowledge acquired in the performance of your profession equivalent to Secondary Education or Second Degree Professional Training, complemented by specific training in the job. Jobs:

Employees:

Administrative Auxiliary.

Dependent.

Concierge.

Operatives:

Official 2.

Machinist.

Truck driver up to 7,500 Kg.

Ant Mixer.

Cart.

Crane bridge operator.

Shovel Conductor.

Concrete Pist.

Activity and task relationship:

Ophimatic activities with sufficient capacity to achieve direct mail writing with verbal cues with good presentation and spelling.

Drafting of business correspondence, calculation of prices in view of offers received, receipt and fulfillment of orders, making proposals for response.

Elementary tasks consisting of establishing, based on accounting documents, a portion of the accounting.

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

Masonry tasks, carpentry, electricity, painting, mechanics, etc., with sufficient capacity to perform the normal activities of the trade, such as welders, ferrallists, modelers, electricians, etc.

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

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

Activities on machines with a high level of automatism with complex requirements in their handling and which implies, with supervision, the responsibility in their maintenance and operation.

Carretillero is the professional (operator) who prevalently handles wheelbarrows and deals with its maintenance and operation.

Crane Bridge Operator: it is the professional who prevalently handles crane bridges, porches, etc., with cabin or use of more than one hook or pieces of more than 20,000 Kg.

In the manufacture of terrazos, the prensistes, pullers, roughers, palletizers, dusters, cutters and granallers.

Group 6.

Definition: Tasks consistent with the execution of operations that, even when performed under precise instructions, require adequate professional knowledge and practical skills and whose responsibility is limited by a direct or systematic monitoring.

Training: Titling or knowledge acquired in the performance of your profession equivalent to Secondary Education or First Degree Professional Training, supplemented with specific training in the job.

Jobs:

Technicians: Lab Auxiliary.

Employees: Vigilant.

Operatives:

Official 3. officio.

Specialist.

Driver van up to 3,500 Kg.

Manual Molding.

Simple machine operator.

Activity and task relationship:

Activities on machines with a high level of automatism with average requirements in their handling.

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

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

Masonry tasks, carpentry, electricity, painting, mechanics, such as welders, ferrallists, modelers, electricians, etc., with sufficient capacity to perform the basic activities of the trade.

Tasks performed in handling simple machines that are not framed in top groups.

Group 7.

Definition: Functions consisting of operations carried out following a precise and concrete working method, with a certain degree of supervision, which normally require professional knowledge of an elementary character and of a short period of adaptation.

Training: The basic levels required. Secondary education, auxiliary technician or equivalent, or knowledge acquired in the performance of your profession.

Jobs:

Technicians: Laborant of concretes.

Employees: Portero.

Operatives:

Specialist Pawn.

Machine Helper.

Activity and task relationship:

Jobs in productive process machines, with simple and simple requirements in their handling, or auxiliaries of such processes that require specific training and knowledge.

Those who make use of easy-to-use, wheelbarrows, cranes, or the like.

Workers who start in the practice of masonry, carpentry, electricity, mechanics, painting, etc.

Elementary laboratory activities that consist of the correct preparation of analysis material.

Receive and dispatch functions that do not require special qualification.

Production verification jobs.

Group 8.

Definition: Operations that are executed according to specific instructions, clearly established, with a high degree of dependency, that require preferably physical effort or attention and that do not need specific training, except the occasional of an adaptation period.

Training: School graduate qualification, certificate of schooling or similar, or experience acquired in the performance of an equivalent profession.

Jobs:

Operatives.

Pawn.

Cleaning staff.

Activity and task relationship:

Manual activities on non-specialized tasks.

Manual load and unload operations.

Cleaning tasks.

More beneficial conditions: If, as a result of the application of the new system of professional classification, a worker was to be assigned to a professional group below the level or category that he/she had recognized, it shall respect the stay in the group with correspondence at the previous level or category which it held and this with the status of a more beneficial personal condition and shall continue to perform the same duties as it did up to the date of assignment.

Concentration of salary levels in a single group: When in a professional group two or more salary levels match, the salary table of the top level will be applied.

For guidance purposes, a summary table of the professional classification is included in Annex VI.

CHAPTER VI

General rules on the provision of work

Article 26. Functional mobility.

I. Ordinary functional mobility: It is understood as such the assumption that a worker experiences a change in the content of the activities that he/she must carry out within the framework of the company, provided that they belong to the same classification group In addition, both the function from which it is mobilized and the one to which it is mobilized, must also correspond both functions to what is in accordance with the academic qualification or experience required when being hired or acquired during the course of his professional activity in the company. This mobility will have no limitations within the company.

II. Extraordinary functional mobility: Extraordinary functional mobility responds to business capacity and decision, which does not respect the limits set for ordinary functional mobility, mobilizes the worker by assigning them functions lower or higher content than is recognised in accordance with the professional classification criteria laid down in this Convention. Provided that this extraordinary functional mobility is in accordance with the content set out below, a substantial modification of working conditions will not be considered.

(a) Descending functional mobility: The undertaking may, for technical or organisational reasons, provide a worker with the task of carrying out tasks corresponding to a professional group which is less than his own for the time being essential, communicating the decision and the reasons for it to the legal representatives of the workers if any, not being able to refuse to carry out the work entrusted, provided that this does not prejudice his professional training. In this situation, the worker will continue to receive the remuneration which, for his previous group and function, corresponds to him.

A worker will not be able to impose the work of the lower professional group for more than three months of the year. Failure or force majeure shall not be considered for the purposes of the calculation. Nor shall it be possible for it to be imposed in a row for twice the task of a lower class if the destination of the lower professional group has been requested by the worker himself, the remuneration corresponding to him shall be allocated to him. function effectively performed, but it cannot be required to perform work of a higher professional group for which it is paid.

(b) Ascending Functional Mobility: For organisational, technical and production reasons, and for a period of not more than six months in one year or eight months for two years, the worker may be assigned to a position of a group higher professional, perceiving, as long as it is in this situation, the remuneration corresponding to the function that it effectively performs. After that period, the worker may, at his or her own will, continue to carry out such work or return to the post previously occupied. In the first assumption it will automatically ascend.

The provisions of this paragraph (b) shall not apply, except in respect of remuneration, to cases of temporary incapacity, leave and forced leave, in which they shall be effective.

The work of the higher professional group that the worker performs, according to the company, is excepted from the above, in order to prepare for the ascent, with a maximum of 6 months.

Article 27. Geographical mobility.

Geographical mobility, within the scope of this General Convention, affects the following cases:

a) Displacements.

b) Transports.

Article 28. Displacements.

The temporary destination of a worker is understood to be a place other than his usual job center.

Companies will be able to displace their workers up to the maximum limit of one year. Undertakings shall be free to designate workers who are to be displaced, where the destination does not require overnight stays, or where there is no longer duration than three months. In cases where the movement requires overnight stays outside the home and lasts for more than three months, the companies will propose the posting to the workers they deem appropriate to carry out the work and in the case of the This procedure does not cover the posts to be provided, it shall be made compulsory among those who meet the conditions of professional suitability to occupy the places, observing the following preferences, in order not to be displaced:

a) Legal representatives of workers.

b) Physical and psychic decreases.

c) Reduction of day by legal guardian or other assumptions established by law.

Companies that wish to make any of the displacements that force the worker to stay outside their home, must be advised to the affected by the following deadlines: Prewarning times (in hours) according to the duration of the offset:

A = Up to 15 days.

B = 16 to 30 days.

C = 30 to 90 days.

D = More than 90 days.

Location:

A

B

C

D

the same province

SP

24

72

130

Within the same Autonomous Community and outside of your province

24

72

72

130

Outside the Autonomous Community and within the Spanish State

72

72

72

130

(SP = No warning).

In any case, pre-notices must be in writing in case of displacements exceeding 15 days.

The above deadlines shall not apply when the movement is motivated by cases of damages, claims or urgent matters. On displacements exceeding three months which do not allow the overnight stay at home, the undertakings and the affected parties shall freely agree on the arrangements for workers to be able to return to their homes on a regular basis, which may consist of The grant of one-way and return trips in all or part of the weekends, adapting to working days to facilitate regular visits to your home, grants of periodic permits, grant of the travel of your family, etc. In the case of failure to reach agreement on this matter, the provisions of Article 40.4 of the Staff Regulations shall be governed by the right to a minimum of 4 working days of stay at their home of origin for every 3 months of their movement, without counting as such travel, the costs of which shall be borne by the employer. On an individual basis, the accumulation of these days may be agreed, including, even, annual leave. In the case of posting, the right shall be generated, in addition to all the economic remuneration which it normally receives, to the allowances and travel expenses incurred. Workers who are displaced outside the national territory shall be paid all expenses, such as travel, accommodation and maintenance. They shall also be paid 25% of the value of the diet laid down in the relevant provincial collective agreement, and the payment shall be made in the legal tender of the country in which they are posted; these workers shall also be entitled to a travel to their home address for every three months of posting, the costs of which shall be borne by the employer.

Article 29. Conditions of the displacements.

If, as a result of an offset, when the worker can return to stay at his residence, he will employ more than 45 minutes in each of the round trips, using the ordinary means of transport, the the excess will be paid to you in proportion to the salary agreement, except that you are currently consuming more than 45 minutes, in which case you will only be paid the difference on this time.

The posted staff will be linked to the day, work schedule and calendar in force at the arrival center. However, in the event that the working day for the centre of origin is less than that of arrival, the excess shall be paid as overtime which shall not be counted for the limit of the number of hours. The incidents not referred to in the preceding paragraphs which, as a result of the posting, may occur in respect of hours, time and expenses which are detrimental to the worker, shall be borne by the undertaking.

Article 30. Shipments.

A worker's final membership shall be considered as such a worker's final membership of a company other than the one in which he or she was providing services, and which requires change from his habitual residence.

For economic, technical, organizational or productive reasons that justify it, or for hiring related to the business activity, the Company may proceed to transfer its workers to a different job center. of the same with a definitive character. In the case of shipment, the worker shall be prewarned with, at least, 30 days in advance, in writing. The transfer must be communicated to the employees ' representatives at the same time as the worker concerned. The affected worker will receive a compensatory allowance equivalent to 35% of his gross annual income in ordinary hours at the time of the change of center, 20% of them at the beginning of the 2nd year, and 20% at the beginning of the third year, always on the initial basis. In this case the travel expenses of the worker and his/her family, the expenses of moving furniture and goods and five allowances for each person travelling from the family members and living with the displaced person will be accrued. The transferred worker, where the transfer is effective, and for a change of domicile, shall be entitled to enjoy the paid leave provided for in Annex V. Notification of the decision of the transfer, the worker shall be entitled alternately to:

(a) To opt for the shipment by perceiving the compensation for expenses provided for in this Article.

b) To opt for the termination of your contract, by receiving a compensation of 20 days ' salary per year of service, by a percentage of months the periods of time of less than one year and with a maximum of 12 monthly allowances.

(c) If you do not opt for option (b), but disagreeable to the business decision, and without prejudice to the enforceability of the transfer, you may challenge the business decision before the competent jurisdiction.

The assumptions provided for in this Article shall not apply in the case of shipments produced in which one of the following circumstances occurs:

a) Those made within the same municipal term.

(b) Those made less than 15 kilometres from the original centre, for which it was initially contracted, or from which it was subsequently transferred on a definitive basis.

(c) Those effected less than 15 kilometres from the place of habitual residence of the worker.

In order to maintain employment, or for organizational, economic, technical or productive reasons, in concrete work centers, definitive transfers may be made to other workplaces located within the of the same province or less than 50 kilometers away from the original work center in case of transfers between neighboring provinces; considering that there is no change of residence in these cases. As regards the conditions of the shipment and their compensation, they will be subject to what the parties agree to.

Article 31. Voluntary displacements and transfers.

On displacements and transfers produced at the written request of the worker, as well as in the changes of residence that he voluntarily makes, the compensation and rights regulated in this chapter shall not be made.

Article 32. Special assumptions.

In terms of geographical mobility, they will not be affected by legal constraints or by what is foreseen in this chapter, except in the case of economic compensation that will come from the corresponding workers, functions in which geographical mobility involves a characteristic characteristic of its function, such as transport, assembly, commercial, maintenance or the like.

Article 33. Other shipments assumptions.

1. In the case of the relocation of the work centre or an autonomous productive unit of the company, the company and representatives of the workers will be in agreement.

2. In other assumptions of collective transfers will be what company and employee representatives agree, serving as the reference for individual transfers in this chapter.

CHAPTER VII

Workday

Article 34. Day.

A) The duration of the annual working day during this convention shall be 1,736 hours.

B) Those autonomous or provincial conventions that, at the entry into force of this agreement, will have a lower day than the agreed one, will maintain them as a more beneficial condition until they are reached by this one.

(C) The working hours which are set out in paragraph (A) of this Article shall, in any case, be considered and treated as effective work.

D) In the lower-level Collective Agreements, interruptions or breaks may be agreed upon in the development of the daily working day in such a way that in no case will they affect the consideration and treatment of effective work that the This Collective Agreement attributes to the working day.

E) The weekly distribution of the day referred to in point (A) of this article, as well as the weekly rest, shall be fixed in the lower-scope Collective Agreements by drawing up the relevant work schedule.

F) In any case, regardless of the distribution of the day fixed in the lower-level collective agreements, when transferring their practical application to the workplace, the minimum periods of time must be respected. daily and weekly rest.

G) Effective 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 the job assigned.

H) In each workplace, the Company will expose in a visible place the work schedule agreed at the level of the provincial convention or, where appropriate, autonomic or the company itself or the workplace.

Article 35. Distribution of the day.

1. In accordance with the provisions of Article 3 of this Convention, the distribution of the day falls within the scope of the undertaking's negotiation. In the absence of this, the following rules apply:

(A) Companies may distribute the day set out in the previous article during the year, by means of uniform or irregular fixing criteria. Affecting the uniformity or impropriety either of the whole staff or of different sections or departments, for seasonal periods of the year or in the light of the forecasts of the different workloads and movements of demand; or any other mode.

B) Companies may distribute irregularly 15% of the annual working day referred to in the previous article, which may affect the maximum weekly or monthly working day. It may also affect daily schedules. Companies shall notify the start of the irregular day with at least 15 days in advance. However, 5% of the annual day may be communicated at least 48 hours in advance or 24 hours in the case of urgency.

2. Where an irregular distribution of the day is carried out by the Company, it shall be limited to the following minimum and maximum distribution ceilings: in the case of a daily calculation, no minimum and maximum of 7 to 9 hours may be exceeded; in weekly Limits may not be exceeded from 35 to 45 hours. The minimum and maximum limits laid down in the preceding paragraph may, in general, be amended at the level of the undertaking and after agreement of the parties, up to the following references: in the case of a daily calculation of 6 to 10 hours or a weekly basis of 30 to 50 hours.

3. The irregular distribution of the day shall not affect the remuneration and contributions of the worker.

4. If, as a result of the irregular distribution of the day, at the end of his contract, the worker had performed an excess of hours, in relation to those which would correspond to a regular distribution, the excess would be paid to him in his settlement according to the value resulting from the formula set out in Annex II to this Collective Agreement.

5. The companies will also be able to establish the distribution of the day in the continuous productive processes during the 24 hours of the day, through the system of work in shifts, without more limitations than the communication to the Labor Authority. Where the business decision involves substantial modification of working conditions, the provisions of Article 41 of the Staff Regulations shall be as follows.

6. Given the uniqueness in the field of day management, in the field of enterprises engaged in the manufacture and supply of concrete, and, regardless of the application of the provisions of paragraphs 1, 2, 3, 4 and 5 of this article, the companies and representatives of the workers may agree to the irregular distribution of the day by means of the allocation to excess of the day or redistribution of the agreed one, for half-yearly periods.

Article 36. Prolongation of the day.

The work of operators with maintenance functions for the repair of installations and machinery for causes of breakdowns, necessary for the resumption or continuation of the production process, may be prolonged or advanced by the time strictly specified.

The cleaning of the tools or machines assigned individually will be the responsibility of the worker. In exceptional circumstances, the time used for such a meester, which exceeds the ordinary day, shall be paid at the price of overtime and shall not be taken into account for the purposes of the calculation. Workers in whom, on a regular basis, and exceptionally to whom they are replaced, the fact that their intervention is necessary, prior to the immediate start or closure, of the production process, may be brought forward or to be extended for the strictly precise time. The extended or advanced working time as provided for in the preceding paragraphs shall not be counted as overtime without prejudice to their economic compensation at the price of overtime or at equivalent times of rest.

Article 37. Shifts and relays.

In companies that have established shift work systems, the worker is obliged to remain in his job until the arrival of the relay. The time required during the waiting period not exceeding two hours shall in any event be compensated for at the price of the extraordinary hour, irrespective of the fact that it is not computed as such.

Article 38. Overtime.

It shall have an extraordinary time consideration, each hour of work carried out on the duration of the annual day set out in Article 35, or a proportional share in the case of contracts of shorter duration than the calendar year, with regard to the daily or weekly distribution which has been established in the relevant calendar, in accordance with the criteria laid down in Article 36.

The signatory parties undertake to reduce the minimum necessary for overtime. The provision of overtime work shall be voluntary, except in cases where they have their cause in force majeure. They shall not have the consideration of overtime, for the purposes of their computation as such, the excess of hours worked to prevent or repair claims and other extraordinary damages and of urgent repair. Likewise, they shall not have the consideration of overtime, for the purposes of their calculation, which have been compensated by means of breaks enjoyed within four months of their completion.

Article 39. Hours not worked by impossibility of work.

In the case of inclement weather, force majeure or other unforeseeable causes, or which are foreseeable to be unavoidable, the Company may agree, after communication to the workers ' representatives, that the Suspension of work for the necessary time. The time not worked by the above causes will not be the result of the worker's remuneration.

50% of the hours not worked by the causes of interruption of the activity, as provided for in the preceding paragraph, shall be recovered in the manner that the parties agree. In the event that the said interruption reaches a period of more than 24 hours of effective working hours, the provisions on the suspension of the contract, due to force majeure, shall be in the present Convention.

Article 40. Holidays.

The annual vacation will last for no less than thirty calendar days. Companies and workers ' representatives shall agree on the plan of holiday shifts and dates for their enjoyment, which must be known to workers at least two months in advance if in the process of negotiation referred to above. Agreement will be reached, the companies will develop the plan, holiday shifts and date setting for their enjoyment, taking into account the following criteria:

It may be excluded as a holiday period that coincides with the Company's highest productive activity, except for the assumption referred to in the following paragraph.

The holidays can be divided, for the purpose of your enjoyment in two periods. One of them, which in any case shall not be less than 15 working days, shall be between 15 June and 15 September, inclusive. The rest of the holiday days of the second of the periods will be enjoyed on the dates when the Company determines based on the production needs. The computer for the enjoyment of the holidays will be carried out by natural years. In the first year of service provision in the Company and, if not corresponding to the full calendar year, you will be entitled to the benefit of the proportion of holidays corresponding to the time actually worked during that year. Where the holiday period laid down in the business holiday calendar as governed by this Article 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 48a of the text recast of the Law of the Workers ' Statute, it will be entitled to enjoy the holidays on a date other than that of the temporary incapacity or the enjoyment of the the permission to be granted by the said precept at the end of the period of suspension; even if the calendar year is over.

CHAPTER VIII

Wage Structure

Article 41. Economic structure.

The economic remuneration of workers affected by this Convention shall be constituted by salary and non-wage remuneration.

In Annex I to this General Convention the minimum economic remuneration of the workers affected by this Convention is fixed by all concepts and in annual computation. The minimum economic remuneration laid down in Annex I shall also apply, with the character of minimum economic remuneration, to workers affected by the contracts for making available. The provincial or regional conventions, where appropriate, which shall be affected by the economic remuneration laid down in Annex I, in their salary tables and in all the concepts and in annual accounts, shall have a period of two years for the the necessary adequacy of the arrangements, by means of the relevant agreements, where the affectation does not exceed the amount equivalent to EUR 240, per year and four years where the affectation or deviation exceeds EUR 240 per year. The minimum economic remuneration laid down in Annex I to this General Convention in the preceding terms shall be updated annually by the application of the tables set out in that Annex of an increase equal to that of the the state level for the lower-level collective agreements and in the absence of a state wage agreement the equivalent of the actual I.P.C. corresponding to the immediate prior calendar year to the update. In the Provincial Collective Agreements or, where appropriate, Autonomics, the total quantification of the annual remuneration will be established for each professional group or level and their salary tables will be adapted to the Professional Classification developed in Chapter V of this Convention. The adaptation shall be carried out in exactly the same way as the level-to-group transformation set out in Annex I.B. (Sectoral Minimum Remuneration Table) of this General Convention.

They are pay salaries for the economic remuneration of workers in money or in kind who receive the professional provision of employment services for an employed person.

Concepts that comprise salary rewards:

a) Base salary.

b) Pay supplements:

Job position.

Quantity or quality of work. Extraordinary pagas. Holidays. Supplement to the Convention. Overtime. Consolidated seniority.

Non-wage supplements: These are the economic perceptions that are not part of the salary because of their compensatory nature for extra expenses or damages caused to the worker or for his/her care.

Article 42. Distribution/composition of the economic structure.

The remuneration laid down in the Provincial Collective Agreements or, where appropriate, Autonomic, must be in keeping with the following proportionality: the sum of the basic salary, extraordinary bonuses and holidays may not be below, in no case, 75% of the annual total, of the tables of the Conventions for each professional group.

Non-wage supplements added, where appropriate, as provided for in Article 42, shall in no case exceed 8% of the total annual tables of the Conventions for Group 8. Where this is the case, the supplement to the convention shall be the remaining percentage of the percentages of the preceding paragraphs. The lower-level Conventions shall bring the distribution and compensation of the economic structure of the same to that laid down in this Article.

Article 43. Salary accrual.

The salary will be earned per calendar day and the salary supplements per day of effective work, according to the modules and amounts to be established in the Collective Agreements of lower scope, all of this taking into account an activity normal.

Article 44. Salary payment.

The settlement and payment of the salary will be done in a complete document by means of receipts of salaries that will conform to the current rules on the subject, in which all the identification data and the concepts generated by the duly specified worker, as set out in Annex III to this Convention, thus being prohibited from any remuneration pact for a global salary.

The salary will be paid for periods due and monthly, within the first four working days of the month following your accrual. Companies are entitled to pay the remuneration and advances by cheque, transfer or other payment method through banking or financial institutions, prior to communication to the legal representatives of the employees. The payment or signature of receipts that accredit it, will be carried out within the working day. The worker, and with his authorization his representative, shall be entitled to receive, without arriving on the day indicated for the payment and for one time each month, an advance on account of the work already done. The amount of the advance may be up to 90% of the amounts due. At the time of payment of the salary, or in the case of an advance on account, the worker will sign the corresponding receipt and be given a copy of the receipt.

Article 45. Base salary.

The salary part of the worker fixed per unit of time, without attending to personal circumstances, work position, quantity or quality of work, or periodic maturity exceeding the month.

The amount of the base salary will be that specified, for each of the groups in the salary tables of each lower-scope Convention.

Article 46. Ordinary hourly wage.

An ordinary hourly wage is the ratio that is obtained by dividing the annual salary of each corresponding group set in each lower-scope convention, by the number of annual working hours.

Article 47. Add-ons per job.

These are those wage supplements that the worker must receive on account of the characteristics of the job or the way in which he or she carries out his or her professional activity, which is a different concept of work stream.

They are considered to be additional jobs, among others, those of penosity, toxicity, dangerousness or nocturnity. These supplements are of a functional nature, and their perception depends exclusively on the exercise of the professional activity in the assigned position, so as a general rule they will not be of a consolidable character.

Article 48. Complement by penalty, hazard toxicity.

1. Workers who have to perform work that are exceptionally painful, toxic or dangerous, must be paid a 20% increase on their base salary. If these functions are performed during the middle of the day or in less time, the increase will be 15%, applied to the time actually worked.

2. º The amounts equal to or greater than the increase fixed in this article that are established or established by the companies, shall be respected provided that they have been granted by the concepts of exceptional hardship, toxicity or danger, in which case the payment of the increases laid down in this Article shall not be required. Nor shall they be obliged to satisfy such increases, those undertakings which have them, in the same or higher amounts, in the salary of qualification of the job.

3. If the conditions of exceptional hardship, toxicity or danger disappear for any reason, the indicated increases will no longer be paid, thus not being consolidated.

4. Those provincial collective agreements which, at the entry into force of the present, have recognized a higher increase, will maintain it as a more beneficial condition.

Article 49. Complement of Nocturnity.

The hours worked during the period from 22:00 p.m. to 6:00 in the morning will be paid with the supplement called "Nocturnity", the amount of which is set at an increase of 25% of the base salary. corresponds according to salary tables.

The Nocturnity complement will be paid in full when the working day and night period are more than four hours of match; if the match is four hours or less than this time, the to pay will be proportional to the number of hours worked during the night period. They are exempted from the provisions of the preceding paragraphs and, therefore, there shall be no economic compensation in the following cases:

The hiring performed for works that by their nature are considered nocturnal such as: Guardas, Porteros, Serenos or the like that were hired to develop their functions during the night; in the Remuneration fixed in the lower-level collective bargaining shall be taken into account.

Staff working in two shifts when the match between the working day and the night time is equal to or less than one hour.

Article 50. Add-ons for quality or quantity of work, premiums or incentives.

These are those wage supplements that the worker must receive on the basis of a better quality or greater amount of work, whether or not they are linked to a system of pay for income.

They will cease to be perceived when their non-realization is established, therefore, being non-consolidated. In companies where a system of production incentives is in place or introduced, these supplements will be settled jointly with the salary established per unit of time.

Article 51. Extraordinary rewards.

Extraordinary bonuses are considered to be the periodic maturity allowances higher than the month.

The lower-level collective agreements will adapt the structure of these supplements, according to the following criteria: two extraordinary bonuses are established with the name of the Paga de Verano and Paga de Christmas, which will be paid, respectively, before 30 June and 20 December, and will become due to natural semesters, and for each calendar day on which the base salary has been accrued. Accrual of the payments:

Summer Pay: From January 1 to June 30.

Christmas Pay: From July 1 to December 31.

The amount of such add-ons shall be that specified for each of the groups in the tables of the lower-scope Conventions, increased, if applicable, with the corresponding consolidated seniority.

Staff entering or ceasing the Company will be made effective in the proportional portion of the extraordinary rewards in accordance with the above criteria, at the time of settlement of their assets.

Article 52. Holidays.

1. With the name of the holiday, the salary supplement paid for the annual holiday period is imposed on the workers.

2. The salary supplement to be paid for holidays will comprise the average of all salary remuneration received during the calendar quarter immediately prior to the date of the holiday, to exceptional overtime and extraordinary bonuses.

3. The workers who cease during the course of the year shall be entitled to, in the course of the liquidation, at the time of their absence from the Company, the amount of the remuneration corresponding to the part of the holidays accrued and not enjoyed.

4. On the other hand, and, in the case of voluntary cessation, if the worker has enjoyed his or her vacation, the Company may deduct from the liquidation that it is practiced, the part corresponding to the days of excess enjoyed, based on the time of effective work activity during the year.

5. For the purposes of the accrual of holidays, the time effectively worked for the situation of temporary incapacity shall be considered, whatever its cause. The same criteria will apply for termination scenarios for termination of contract.

Article 53. Convention Add-on.

The supplement called the Convention shall be payable for every day effectively worked, in normal working day, with the normal and correct performance, in the amount that for each group is included in the tables of the Conventions of scope lower.

Article 54. Overtime.

1. Is the salary supplement to be paid by the worker for the excess of effective working time on the duration of the established annual working day or the corresponding proportional.

2. º Extraordinary hours will be compensated by means of rest on the equivalence of: 1 hour extra taken would be equal to 1 hour and a half of rest.

3. Subsidaily, the extra hours made will be compensated by breaks and retribution, at the rate of: 1 hour extra taken would be equal to 1 hour of rest and half an hour paid to the value of the ordinary hour.

4. º Exceptionally, the extra hours realized will be compensated by cash payment at the rate of: 1 hour extra realized would be equal to 130% of the value of the ordinary hour.

5. The option for compensation on breaks or cash will be for the worker, regardless of whether the option is for compensation for breaks, the date of their enjoyment will be set by the Company during the four months following its completion. Full-day breaks will be accumulated on a general basis.

6. The number of extraordinary hours each worker performs, except those performed to prevent or repair claims and other extraordinary and urgent damages, may not exceed 2 per day, 20 per month, and 80 per year.

Article 55. Personal complement of seniority.

1. The signatories to the first General Collective Agreement agreed to the definitive abolition of the personal complement of seniority and established the appropriate formulas for their compensation.

2. Consequently, and in compliance with these agreements, in the collective agreements of lower scope and for the sole purposes of information, it shall be shown in table annexed to the annual amount in euros, by groups, of the value of the biennium and five years before the date of entry into force of the same, reiterating those tables and amounts in an invariable manner in successive years.

Article 56. Non-wage supplement.

1. Non-wage supplements shall be understood as non-wage allowances or compensation for expenses that must be incurred by the worker as a result of his or her work.

2. The non-wage supplement will be paid per day of work attendance, and will be of equal value for all groups according to the values to be set in the lower-level collective agreements, which must be unified in a single value the various amounts which may be set by the concepts referred to in this Article, in accordance with the following subparagraph and from the entry into force of this Convention. The non-wage supplement comes to replace the transport or locomotion plusses and distance plusses which with equal or similar denomination are fixed in the lower-scope Conventions.

Article 57. Diets/average diets.

1. The diet is a concept of an extra wage, of a compensatory or compensatory nature, and of an irregular nature, which is intended to compensate or compensate for the costs of living and lodging of the worker caused as a result of the displacement situation.

2. The worker will receive complete diet when, as a result of displacement, he cannot stay at his usual residence. It shall always be payable per calendar day.

3. The average diet will be due when, as a result of the displacement, the affected worker needs to perform the food outside his usual residence and is not provided by the company, and can stay in the Cited residence. The average diet will be earned per day worked.

4. Diets or average daily allowances shall always be collected regardless of the remuneration of the worker and on the same dates as he is; but on a journey of more than one week, he may apply for advances. fortnightly account, and to justify, on the above mentioned diets.

5. No diet or average diet shall be earned when the employer organizes and costs the maintenance and accommodation of the posted worker. In addition, no average allowance shall be made when the movement is carried out at a distance of less than 10 km from the centre of work. No average allowance shall be made when, in the case of several work centres in the same municipal term, the posting is carried out at any one of them.

6. º The amount of the whole diet and the average diet will be set in the framework of the collective agreements of lower scope.

Article 58. Common provisions.

The provincial collective agreements and, where appropriate, Autonomics will necessarily adjust the remuneration and economic structure provided for in this chapter. This adjustment shall necessarily be carried out in the first collective bargaining process which takes place in those areas after the entry into force of this general agreement, except in cases where other time limits are fixed in the present chapter. The adequacy processes will be resolved by the parties in terms that are best suited to them, but they must necessarily be consistent with the provisions of this Convention.

The remuneration to be paid by each worker affected by this Convention upon its entry into force shall not in any case be undermined in its entirety and annual computation as a result of the application of this Agreement.

Article 59. Absorption and compensation.

Companies affected by this General Convention may compensate for and absorb increases or improvements in economic perceptions as set out in the collective agreements falling below the scope of this Agreement, provided that the economic perceptions actually paid to employees are higher than those fixed as a whole and on an annual basis.

For the purposes of the application of the provisions of Chapter V, Professional Classification, all remuneration of a homogeneous wage may be absorbed and compensated for by the worker. They will not have this consideration of production premiums, weaning and tasks, that is, quantity or quality supplements, whether these are fixed or variable. Absorption and compensation can only be carried out by comparing concepts of a wage nature or an extra-wage nature and an annual calculation.

Article 60. Conditions and procedure for non-application of the salary scheme set out in the agreements falling under the scope of this General Convention.

When economic, technical, organizational or production causes are present, by agreement between the company and the representatives of the workers entitled to negotiate a collective agreement as provided for in the article 87.1 of the Staff Regulations, it may be carried out, after a period of consultation has been carried out in accordance with Article 41.4 of the Staff Regulations, to apply the working conditions laid down in the Convention to the undertaking. applicable collective, affecting the following subjects:

a) Workday.

b) Schedule and the distribution of the 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.

g) Voluntary improvements to the protective action of Social Security.

It is understood that economic causes are present when the results of the company result in a negative economic situation, in cases such as the existence of current or anticipated losses, or the persistent decrease in their level of revenue or sales. In any event, the decrease is understood to be persistent if for two consecutive quarters the level of revenue or sales for each quarter is lower than that recorded in the same quarter of the previous year.

In the case of the absence of legal representation of workers, it will be understood that the most representative trade unions in the sector are entitled to be part of the Negotiating Commission of the Convention. Collective of application to the same, unless the workers attribute their representation to a commission designated in accordance with the provisions of Article 41.4 of the Workers ' Statute.

When the period of consultations is concluded by agreement, the supporting causes shall be presumed to be present and may only be challenged before the competent jurisdiction for the existence of fraud, intent, coercion or abuse of rights. in its conclusion. The agreement shall be notified to the Joint Committee of the Collective Agreement.

The implementation agreement must determine with accuracy the new working conditions applicable to the employees of that company, establishing, where appropriate and in the light of the disappearance of the causes that determined it, a programming of the progressive convergence towards the recovery of the conditions laid down in the collective agreement which is applicable to it, without in any case such a failure to exceed the period of validity of the Convention. The implementation agreement and the scheduling of the recovery of the conditions may not result in a failure to comply with the obligations laid down in the Convention on the elimination of remuneration for gender reasons.

In order to derogate from the exceptional measure provided for in this clause, it will be essential that, in the provincial or, where appropriate, autonomic conventions, the prior updating of the tables has been carried out. Previous salary in each case.

In case of disagreement during the period of consultation either party may submit the discrepancy to the joint committee of the implementing convention, which shall have a maximum of seven days to decide, to count since the discrepancy was raised. Where the intervention of the commission has not been requested or the commission has not reached an agreement, the parties shall have recourse to the procedures laid down in the inter-branch agreements at the State or regional level, assuming in this agreement the prior undertaking to submit the discrepancies to a binding arbitration, in which case the arbitral award will have the same effectiveness as the agreements in period of consultations and will only be used according to the procedure and on the basis of the grounds laid down in Article 91 of the Staff Regulations.

The outcome of the procedures that have ended with the application of working conditions must be communicated to the labor authority to the sole deposit effects.

CHAPTER IX

Fouls and Sanctions

Article 61. Disciplinary regime.

Workers may be sanctioned by the Business Directorate in accordance with the graduation of the faults and penalties set out in the following articles.

Article 62. Graduation of faults.

The faults committed by the worker will be classified, taking into account their importance, transcendence and intention, in light, serious or very serious.

Article 63. Minor fouls.

The following are considered minor faults:

1. From one to four faults of punctuality in the period of 30 calendar days without justified cause.

2. Do not communicate with due notice your lack of work for justified reasons, unless you prove the impossibility of doing so.

3. The abandonment of work without justified cause, even if for a short time, provided it does not affect the proper functioning of the Company or disturb the work of other workers, in whose cases it will be considered as serious or very serious severe.

4. Small neglects in the preservation of the material.

5. Do not communicate your home changes to the Company.

6. Missing work one day per month without cause for justification.

7. The occasional drunkenness.

8. Use the phone or other items for particular issues without proper authorization.

9. Move from one to another in the factory, workshops or offices, without being justified by the needs of the service, except in the case of legal representatives of the workers in their own capacity.

10. Inquire or revolver the cabinets or personal effects of the companions without the permission of the person concerned.

11. Do not voluntarily achieve the normal performance required on a day for a period of thirty calendar days.

Article 64. Serious fouls.

The following are serious faults:

1. More than four non-justified faults of punctuality in the period of 30 calendar days.

2. Missing two days of work for a month without justification.

3. Intervene in games at work hours.

4. The simulation of illness or accident.

5. The disobedience to the superiors in any matter of work, provided that the order does not imply a vexatious condition for the worker or entailing risk to the life or health of both him and other workers.

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

7. Negligence or recklessness at work affecting the good progress of the work.

8. Perform particular work in the workplace, as well as use for own uses, equipment or tools of the Company, unless the appropriate authorization is available.

9. The breach or violation of the obligation of the obligation of reservation if there are no damages to the Company.

10. Provide false information to the Address or superiors regarding the service or job.

11. Intentional errors that are repeated frequently and which cause damage to the Company.

12. Do not warn, with due diligence, the superiors of any anomaly of importance to be observed in facilities, machines, material or premises.

13. To be located in the premises of the Company without cause, outside of the working hours, as well as to introduce into the same people outside the company without the proper authorization.

14. Neglect of importance in the conservation or cleaning of materials, machines or installations that the worker has in his or her capacity, when danger is derived for the workers.

15. Do not voluntarily achieve the normal performance required in two days during a period of thirty calendar days.

16. The recidivism in the facts or conduct qualified as minor faults, except those of punctuality within a quarter, when there has been a written sanction.

Article 65. Very serious fouls.

The following are considered to be very serious:

1. More than six unjustifiable punctuality faults committed in the six-month period.

2. Missing work more than two days a month without justified cause.

3. Fraud, disloyalty and breach of trust in the performance of the job; theft and theft, both to other workers and to the Company or to any person within or outside the premises of the company during service.

4. Maliciously misusing, destroying or causing damage in raw materials, processed pieces, works, tools, tools, machines, appliances, installations, buildings, and equipment of the Company.

5. Usual drunkenness or drug addiction if it has a negative impact on work.

6. Disclosure to third parties of any required reserve information, where this may result in material injury to the Company.

7. Unfair competition, as provided for in Article 21.1 of the Workers ' Statute.

8. Ill-treatment of words or deeds or serious misconduct of respect and consideration to superiors, companions or subordinates.

9. Causing serious accidents to your coworkers for recklessness or inexcusable negligence.

10. The abuse of authority by the ostentatious.

11. The voluntary and continuous decrease in the normal performance of the job.

12. Malicious issuance or inexcusable negligence of erroneous reports.

13. Self-harm at work.

14. The abandonment of work without justification when it causes obvious injury to the Company or is cause of accidents for other workers.

15. Failure to comply with safety measures taken at the workplace when it involves a serious accident risk.

16. The punishable recklessness causing serious damage to the premises of the Company (machinery, buildings) or production.

17. The disobedience to the superiors that may motivate the manifest of the discipline, when of it is derived disservice to the Company or to the other workers.

18. The sexual harassment suffered by the worker or worker, understood as behaviors with a libidinous tendency, not desired by the recipient or recipient, that generate a hostile and uncomfortable working environment objectively considered, with impairment of the the right of the victim to comply with the labour supply in a clear environment of word and work offences that are in keeping with his personal privacy.

19. The recidivism in the same facts or conduct qualified as serious faults, except those of punctuality within the same trimester, provided that they have been subject to sanction.

Article 66. Sanctions regime.

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

The penalty of serious and very serious misconduct will require written written communication to the worker. In any event, the Company shall inform the representatives of the workers of the penalties imposed for very serious misconduct.

Article 67. Penalties.

1. The penalties that companies may apply according to the severity and circumstances of the misconduct will be as follows:

A) Mild high:

a) Verbal assembly.

b) A written statement.

B) Serious high-ups:

a) Suspension of employment and salary from 1 to 15 days.

C) Very severe high:

a) Suspension of employment and pay from 16 to 90 days.

b) Despid.

2. For the application and graduation of the penalties referred to in point 1. the following shall be taken into account:

a) The highest or lowest degree of responsibility of the fault.

b) The professional category of the same.

c) The impact of the event on other workers and on the Company.

3. Prior to the imposition of penalties for serious or very serious misconduct for workers who have the status of a legal or union representative, they will be instructed to have a contradictory file by the Company, in the which shall be heard, apart from the person concerned, the other members of the representation to which it belongs, if any.

The obligation to instruct the contradictory file referred to above extends until the year following the cessation in the representative office.

4. In those cases where the Company intends to impose a sanction on workers affiliated to a Union, it shall, prior to the imposition of such a measure, give the trade union delegates a hearing, if the there.

Article 68. Prescription.

The faculty of the Company to sanction will prescribe for minor faults at ten days, for serious faults at twenty days and for those very serious at sixty days, from the date on which the company became aware of its commission, and in any case within six months of having been committed.

Article 69. Conflicting case.

The adversarial file opening shall be in accordance with the following rules: (a) A written order of the Company's representative shall be initiated with the design of the instructor and secretary.

The actions will begin by making a statement to the author of the fault and the witnesses, admitting how much evidence they provide. The Enterprise Committee, staff delegates or the rest of them will be heard. And it shall be included in the proceedings of the file how many evidence or allegations are provided. (b) The processing of the file, if no evidence is required of any kind that is from places other than the locality in which it is opened, shall be terminated with the utmost diligence, once the evidence has been incorporated into the file. (c) The resolution shall be communicated in writing, expressing the reasons for the decision and the dates on which it was produced, the duplicate being signed by the person concerned. If you refuse to sign, you will be notified to witnesses.

The date of receipt of this statement, the day of the start of the penalty, as well as its term of existence, shall also be stated.

A copy of this communication shall be delivered to the Committee or delegates of staff who took part in the file, within five working days of receipt of the letter by the offender.

CHAPTER X

Safety, health and the environment at work

Article 70. General conditions.

1. Explanatory memorandum.-The parties to this Convention are aware of the need to carry out an operational policy in the prevention of occupational risks, to take the necessary measures to eliminate these factors. (a) the risk and accident in enterprises, the promotion of information to workers, the training of workers and their representatives.

The integration of prevention at all hierarchical levels of the company implies the attribution to all of them and the assumption by them of the obligation to include the prevention of risks in any activity they perform or order, and in the decisions that they make in all areas and productive processes. Therefore, we understand the need for the improvement and adaptation of the LPRL and the regulations that extend it to the specific circumstances of the companies covered by this Convention.

2. Joint Committee on Occupational Safety and Health.-The Joint Committee on Safety and Health at the State level will be composed of six representatives of the trade union organisations (FECOMA-CC.OO. and MCA-UGT) and six of the business representation (FEDCAM, ANEFHOP AND FEDECE) signatories to this Convention. The rules of operation shall be established by means of the relevant regulation to be carried out at the first meeting after the signature of this agreement. They will be able to perform the following functions:

You will be responsible for developing, monitoring compliance, and interpreting the contents of this chapter.

Propose the carrying out of studies, analysis and diagnosis of the working conditions, damage to health, and implementation of preventive activity and management in the sector. Proposals for action to bring to an end actions to address the shortcomings and problems identified. Specific training plans for workers and workers. Criteria for risk assessment, prevention planning, prevention organisation, health surveillance, training and information systems. Proposals, the development and management of the application for economic aid to public or private institutions and foundations to develop action plans. To mediate in companies in the field of safety and health at work.

A) In the face of the approach by some of the parties of a collective conflict procedure that has relation to the subject matter of the Convention and prior to the initiation of an administrative or judicial procedure, it will be reported in any detail to that committee on the circumstances which are present and the latter shall issue an opinion proposing, where appropriate, the various possibilities which may be considered in order to avoid conflict.

(B) During the period of one month, the Commission may obtain from the parties any type of documentation, analysis, studies, etc., which it considers appropriate in order to assess with due objectivity the circumstances which congran.

C) Once the parties have been notified of the opinion with the conclusions which it considers appropriate for the settlement of the dispute and if they are not appropriate to the application of the dispute, the proposal is left to the of the collective conflict in accordance with current legislation on the subject.

For the best development of the intended activities the parties may designate the advisors they deem necessary.

3. Preventive organization. -Every work center will be equipped with a planning of preventive activity, also of staff of the company itself with sufficient training, to execute the prescriptions of the plan as well as to make effective the integration of the company with the prevention services to be provided. The legal representatives of the workers will be involved in the preparation, monitoring and evaluation of the results achieved. In the field of risk prevention, the undertaking shall take into account existing legislation in such a way as to show:

a) That the prevention of occupational risks has been integrated into the general management system of the company, both in the whole of its activities and in all the hierarchical levels of the company.

b) That the hazards and risks posed by workers in the workplace have been identified and assessed, both in relation to work equipment and the workplace environment.

(c) That the design and use of the equipment and workplaces are safe, in accordance with the principles of preventive action laid down in Article 15 of the LPRL.

d) That appropriate management and maintenance of work equipment have been planned to ensure that security is not degraded.

e) That appropriate measures have been envisaged to eliminate hazards and minimise risks, in order to achieve the objectives set by labour law.

f) That the structure, dedication of personnel, means of the prevention organs and the economic means are adequate and sufficient for the preventive activity.

g) That emergency and health surveillance measures, as provided for in Articles 20 and 22 of the LPRL, have been integrated into preventive activity.

h) The conditions, organization, working methods and health status of workers are regularly monitored.

i) That training, information, consultation and adequate participation of staff, in the field of health and safety, have been planned and planned.

j) That the necessary measures are planned to ensure the coordination of business activities in the workplace.

In any case, the planning must record all the safety and health incidents that occur in the life of the company, as well as the periodic controls of the working conditions and the activity of the workers, safety and health measures, and the results of evaluations or audits of the management system for the prevention of occupational risks.

All approved preventive activities should incorporate the deadline for carrying out the preventive activity and the provisional risk control measures. Where the period in which such planning is to be carried out covers more than one year, the provisional actions to be implemented in the period shall be indicated in the annual programming period. Any job at risk of exposure to chemical or physical agents, such as heat, dust, toxic, noise, loads, etc., shall be assessed having previously been informed to the prevention delegates in order to facilitate their presence.

4. Workers ' rights and obligations in the field of occupational risk prevention.-The worker, in the provision of his services, shall be entitled to effective protection in accordance with the rules in force in the field of risk prevention work. The worker shall be obliged to observe, in his work, the laws, regulations and which the undertaking determines in the field of occupational risk prevention. The worker will be obliged to follow and comply with the guidelines arising from the training and information he receives from the company. In a general manner, the worker must comply with the obligations laid down in Article 29 of Law 31/1995 on the Prevention of Occupational Risks.

5. Health surveillance. -Regardless of the provisions of those laws related to the protection of specific risks or activities of particular danger, companies will be obliged to carry out the following medical examinations:

1. Annual periodical surveys for surveillance in the change of mental or health conditions caused or not by the work. If any illness is noticed, the Medical Service itself or concerted within the Prevention Service will inform the person concerned and will be directed to the consequences and the best way of treatment. It is recognised as mandatory sectoral medical protocols which are edited by the Ministry of Health and Consumer Affairs.

2. Every worker will have a medical history which will be made to him when the first medical examination is carried out and which will have a secret character. When the employment relationship is complete, the Prevention Service will give you a copy of the working history at the worker's request.

3. Such measures for the supervision and control of the health of workers shall be carried out in compliance with the right to privacy and the dignity of the person of the worker and the confidentiality of all information relating to his or her state of residence. health. Such data may not be used for discriminatory purposes or to the detriment of the worker.

4. The prior reports of the representatives of the employees in relation to the voluntary or compulsory nature of the periodic medical examinations shall include the obligation to carry out their performance on the basis of the one in which they were detected. any change in mental or health conditions which may constitute a serious and foreseeable threat to the health of the worker or to his or her colleagues.

5. In the absence of representation, and taking into account the eminently preventive facet of the legal and contractual provisions in force, the trade unions which are signatories to this Convention consider such recognition to be compulsory. where the circumstances referred to in the preceding paragraph are given, having this paragraph the value of the report prior to the effects set out in point 4. of Article 22 of Law 31/1995 of 8 November.

6. The medical examinations will be considered as working time, in the case of being workers in shifts the medical examinations must be planned in order to coincide with the turn of tomorrow. By way of exception, other situations other than those previously regulated will be organised with the prevention delegates.

7. Protocols shall be established for health surveillance which addresses the various risks to which the workers covered by this Convention have been subjected, from which the representatives of the Member States shall be informed in advance. workers.

6. Work garments and personal protective equipment.

1. All workers will have two complete workwear equipment depending on the weather, complemented with the necessary garments for their calorific or impermeable reinforcement (parcas, vests, caps, showers). The necessary equipment will be delivered to those newly hired workers at the beginning of their activity.

The involuntary deterioration of these garments due to their own work will lead to immediate replacement. In the same way, the work clothes must be consulted before in the safety and health committee or with the prevention delegate, in their absence, in order to advise the company to choose the one that respects the safety measures and health, as well as their best adaptation to each position.

2. They will also be given the personal protective equipment in those works that so require. Where there is a discrepancy between worker and business on the use of appropriate personal protective equipment, the problem shall be transferred to the safety and health committee or to the prevention delegate, failing which it shall issue the appropriate report. In the presence of any physical, chemical or biological contaminant detected in the risk assessment, even if the current environmental limit value is not exceeded, the employer will be obliged to deliver the personal protective equipment to the those workers who request it.

7. Training. -Appropriate in the field of this Convention, in accordance with Article 19 of the LPRL, the theoretical-practical training programmes for each trade and post, the design and content of which will be developed by the Joint Committee of Safety and Health, in addition to those designed by the undertaking itself, in accordance with the provisions of Article 1 of this Chapter. In particular they are defined:

The initial training whose duration will be 3 hours minimum, to be collected among others: Basic concepts on the elementary organization of prevention.

Elementary preventive techniques on generic risks and prevention of these. First aid and emergency plans.

And specific training for all workers whose duration will be at least 3 hours per year.

Preventative techniques of trade and function.

Media, equipment, and tools. Interference in activities. Rights and obligations. Analysis of the accidents produced in the previous year.

Prevention training will be accredited by the Joint Health and Safety Commission so as to identify the workers who have received it, and not to duplicate it, even if they change business as long as they are both are covered by this collective agreement.

Article 71. Prevention delegates.

In compliance with its preventive obligations, the company will provide the prevention and components of the Committee on Safety and Health at Work with an equivalent course at the basic level of 50 hours as planned in the Prevention Services Regulation.

Prevention delegates will have a 1-hour weekly credit added to carry out their inherent activities in the workplace. Such time may be accumulated at the request of the delegates, including for the implementation of training courses in the field of prevention and the environment. Prevention delegates shall have the added powers of the environment, which shall be provided with information:

Of the anomalous situations that occur related to the environment, including the periodic environmental data that is required for the analysis of such anomalies.

Of the measures that are taken to resolve these failures. Of the agreements and decisions which the competent authorities adopt with respect to the work centre relating to these aspects, as well as the effects and measures to be made at any time. Regional, national or Community legislative development on the environment. The representation of workers may propose initiatives aimed at improving the environmental situation. Specific training programmes will be set up for these subjects which will enable better knowledge of environmental problems. Business commitment to use environmental management systems, to manage environmental processes and to ensure sustainable environmental protection.

Article 72. Committee on Safety and Health.

In workplaces where there are more than 30 workers and less than 50, a Safety and Health Committee will be set up in the work of two prevention delegates, appointed among staff delegates and equal numbers. of representatives of the undertaking, the agreements of which shall be binding.

In the documentation referred to in Article 23 of the LPRL, the decisions of the Committee on Health and Safety with its date, scope of action and time of implementation, as well as the decisions of the Health and Safety Committee, shall be attached. comments made by the representatives of the employees. The meetings of the Committee on Safety and Health shall be held on a monthly basis and exceptionally in the event of serious events within 24 hours at the request of any of the parties that constitute it. In the workplace where there is no obligation to constitute a Committee on Safety and Health, regular monthly meetings with the prevention officer shall be scheduled. The components of the preventive service, as well as the persons who habitually carry out their work in this field including the staff of the medical service, may not be included as representatives of the undertaking in the meetings of this body, they must attend to them if the parties consider it to be appropriate with a voice but without a vote and in order to advise the Committee technically.

Article 73. Special situations of risk.

Where the change of job referred to in Article 24 of the LPRL is not technically or objectively possible or cannot reasonably be required for justified reasons, the worker may apply for the suspension of his employment contract, with the reserve of the post and apply for the economic benefit of the Social Security. In such cases, the company shall supplement the subsidy up to one hundred per cent of the regulatory base for the duration of that situation.

Also during the breast-feeding period and until the child reaches the age of 9 months, the working day may be reduced in one hour either at the beginning or end of the period without a decrease in the salary, or to accumulate this time with the purpose of extending maternity leave to the termination of the maternity leave. Where a worker is considered to be particularly sensitive to certain risks of his or her job, and there is no equivalent position exempt from exposure to such risks, the worker must be assigned to an appropriate post in the their group or equivalent category, compatible with their state of health, while retaining at least the right to the set of remuneration of their place of origin.

Article 74. Right to contradictory file.

In the event that a company intends to sanction a worker for the cessation of work based on the assessment of serious and imminent risk, it will proceed to the opening of the contradictory file in which it will be In addition to the person concerned, the members of the legal representation of the workers and the Committee on Safety and Health or the Delegate of Prevention in their case.

CHAPTER XI

Permissions, licenses, and exceed

Article 75. Permissions and licenses.

The worker, upon notice and justification, may be absent from work for the time and under the conditions set out in Annex V, permit and license table.

The notice shall always be compulsory, except in exceptional cases and unforeseeable situations which do not allow the absence of a warning, in which case they shall be sufficiently accredited. The permits and licenses regulated in the Conventions of lower scope, while overall they are more favorable condition for the workers than the regulation developed in this Collective Convention, will be respected in their own terms. Regardless of the above, the regulation of permits and licenses in the lower-level Conventions will necessarily be adapted to the provisions of this Convention on the subject in the term of its validity. The effects of permits and licences shall also be extended to de facto couples provided that they are registered in the relevant register.

Article 76. Forced leave.

Enforced leave shall be granted by appointment or election for a public or trade union charge that makes it impossible for work to be assisted, and shall give rise to the right to the preservation of the job and to the calculation of seniority during its term. Reentry will be requested within the month following the end of the public or union charge, this right being lost if this deadline is passed.

Article 77. Voluntary leave.

1. The worker, with at least one year's seniority in the Enterprise of one year, shall be entitled to be recognised as being on a voluntary basis for a period of not less than four months and not more than five years. In cases where the worker is subject to a contract of temporary duration, the maximum duration of voluntary leave may in no case exceed that of the duration of the contract. This right may be exercised only once again by the same worker, where appropriate, if four years have elapsed since the end of the previous leave, except in exceptional cases where the said period may be reduced by mutual agreement.

2. Workers shall be entitled to a period of leave of absence, computable for the purpose of seniority, not exceeding five years, in order to take care of the care of each child, either by nature or by adoption from the date of birth or adoption of this. This same right of leave and in the same conditions and duration may be exercised by the worker for the care of relatives up to the second degree of consanguinity or affinity. Successive children shall be entitled to a period of leave of absence which, where appropriate, shall bring to an end the period of their enjoyment. Where the parent and the parent work in the same undertaking, the employer may limit his or her simultaneous exercise for reasons justified in the operation of the undertaking. During the first year, starting from the start of the situation of leave of absence for child care, the reserve of the job will be entitled.

3. The surplus worker shall be entitled to automatic re-entry and incorporation, provided that he so requests at least one month in advance, during the first three years of leave, except as provided for in point 2 for the surplus of the child care. For the remaining years of excess, it retains only a right of preference for reentry into the vacancies, of equal or similar category to yours, which would have been or occurred in the Company, and whenever they request it with, at least, one month in advance at the end of the leave.

Article 78. Special excess.

Workers shall also have the right, for a single time, to a period of leave of absence of no more than six months entitled to the reserve of the job for the alleged personal care of the spouse, parents, children or siblings in a situation of illness or disability requiring such assistance. Such a situation must necessarily be established at the time of the application for leave. The worker's failure to comply with the motivating condition means that the worker will not be in breach of contract, which will be considered to be very serious.

Given the special characteristics of the present case of excess, the parties may lay down the specific conditions for the application of this Regulation.

Common Provisions for Excessences:

1. In excess of the time of the contract, the duration of the contract shall not be altered by the situation of the worker's surplus, and in the case of arriving at the end of the contract during the course of the contract, The contract shall be terminated by the end of the period of 15 days, unless otherwise agreed.

Failure to comply with the notice period by the employer shall, exclusively, entail the obligation to compensate the worker economically in the amount of the days of lack of notice, at the time of its liquidation.

2. During the period of leave, the worker may in no case provide services which result in unfair competition in relation to the undertaking. If you do so, you will automatically lose your right to re-entry.

3. Surplus workers included in the employment regulation file will have the same rights and obligations as the rest of the workers.

Suspension of the paternity work contract: In the cases of child birth, adoption or acceptance, the worker shall be entitled to the suspension of the contract of employment in the terms laid down in Article 48 bis of the Workers ' Statute.

CHAPTER XII

Collective Representation

A) The representation of workers

Article 79. Company committees and staff delegates.

The Staff Committee and Delegates will have the right to receive the information, to issue reports and to carry out the task of monitoring the matters expressly provided for by the legal norms in force. They shall also enjoy the guarantees in disciplinary matters, non-discrimination, the exercise of freedom of expression and the provision of the time-credits provided for in Article 83.

Article 80. Union elections. Candidates.

Workers who are 18 years of age and a minimum of 3 months in the Company, provided that they have passed the test period, will be eligible in the elections for workers ' representatives as expected. in Section 2, Article 69 et seq. of the Staff Regulations.

Article 81. Credit schedule.

Members of the Staff Committee and Delegates will have a credit of paid monthly hours, according to the following scale: Centers of up to 100 workers: fifteen hours.

Centers from 101 to 250 workers: Twenty hours. Centers of 251 or more workers: thirty hours.

The use of the credit of paid monthly hours referred to in the preceding paragraph shall be prevised by the affected worker or the union or body that proceeds, in good time. In any case, in the use of the credit of paid monthly hours, for activities scheduled by the Union, the notice will be sought to be carried out 48 hours in advance.

The credit of paid monthly hours of the members of the Staff Committee or Delegates may be cumulative to any of its components, without exceeding the maximum total. Such cumulation may be calculated for periods of up to 3 months. In order to be able to operate the cumulation provided for in the preceding paragraph, it shall be a requirement that the undertaking be prevented from making such a decision at least 15 calendar days in advance. Failure to observe such a time limit shall require agreement between the parties. The time spent in meetings convened by the Company's Directorate, or the time spent at meetings, as well as the time spent in the meetings, shall not be counted within the hours previously indicated. negotiation of conventions, where the Company is affected by the scope of that Convention. The hours of credit fixed may also be used for the assistance of legal representatives of workers to training courses or other similar trade union activities determined by the union to which they belong, prior to appropriate call for and subsequent justification for assistance. Representatives of trade union workers and delegates, during the performance of their representation duties, shall receive the remuneration laid down in Chapter XI "Permissions, Licenses and Excessences" of this Convention (see table below). licences). Those provincial or, where appropriate, autonomic collective agreements which, at the entry into force of this Convention, have a monthly credit exceeding that fixed in this Article for the staff delegates and members of the Committee of company will keep you.

Article 82. Right of Meeting.

Workers in an Enterprise or Work Centre have the right to meet in an assembly, which may be convened by the Staff Delegates, the Business Committee or the Working Centre, or by number of workers not less than the Thirty-three percent of the template. The assembly shall be chaired, in any case, by the Committee of Enterprise or by the Delegates of Personnel, jointly, who will be responsible for their normal development, as well as the presence in the assembly of persons not belonging to the Company. Only cases which have previously been included on the agenda may be dealt with in this case.

The presidency of the assembly will communicate to the management of the company the call and the names of the persons not belonging to the company that will attend the assembly and will agree with this the necessary measures to avoid disturbances in normal work activity. Where, in any event, the entire establishment cannot be convened at the same time without prejudice to or changes in the normal production development, the various partial meetings to be held shall be considered as one and dated on the day of the first. The assemblies shall be held outside the working hours. The holding of the assembly shall be brought to the attention of the Management of the Company at least 48 hours in advance, indicating the order of the day, persons who will occupy the presidency and the foreseeable duration.

B) Of the trade unions

Article 83. Union delegate.

In those companies that have a staff of more than 100 employees, the union representation will be held by a union delegate in the terms of Article 10 of the Organic Law 11/1985, of Freedom Union. That trade union delegate shall be members of the unitary representation.

In those job centers with a workforce of more than 250 workers, the union representation will be held by a delegate, in accordance with the terms of Article 10 of the Organic Law 11/1985. The union which claims to have the right to be represented by personal ownership in any undertaking must prove it to the union in a feisty manner, recognizing that the latter, acting as a representative of the union for all intents and purposes. Trade union delegates shall have the powers, guarantees and functions recognised in the laws or rules which develop them. The trade union delegate shall be the worker who shall be appointed in accordance with the statutes of the union or central to whom he represents, shall have the following functions recognised:

Raise fees and distribute union information, outside of business hours, and without disrupting the business's normal activity.

Represent and defend the interests of the union to whom it represents and those affiliated to it, in the workplace, and serve as an instrument of communication between the union or the trade union centre and the Company's Directorate. Attend the meetings of the Business Committee of the Work Centre and Safety and Hygiene Committee at work with a voice and no vote. Have access to the same information and documentation as the Company makes available to the Committee of Enterprise, respecting the same guarantees recognized by the law and this agreement to the members of the Business Committee, and being obliged to to keep professional secrecy in all areas in which it is legally applicable. It will be informed and heard by the Directorate of the Company in the treatment of those problems of a collective nature that affect, in general, the workers of its centre of work, and particularly those affiliated to its trade union. center.

The union delegate will have his duties to perform the union functions that are his own, adjusting, in any case, his conduct to the current legal regulations.

Trade union sections of the most representative trade unions will be entitled to the use of a suitable premises, in which they can develop their activities, in those workplaces with more than 250 workers.

Participation in the negotiations of the Collective Agreements: To the trade union delegates who participate in the negotiating commissions of collective agreements, maintaining their ties as workers of some company, they shall be granted paid leave by them in order to facilitate their work as negotiators and during the course of the above negotiation, provided that the undertaking is directly affected by the Collective Agreement in question.

Meeting outside of the working hours and without disturbing the Company's normal activity with the employees of its union. Insert statements in the notice boards, provided for this purpose, that may be of interest to the members of the union and the workers of the centre. Trade union delegates, provided that they are not part of the Enterprise Committee, shall have a credit of paid monthly hours, in equal terms and content as those referred to in Article 83 of this Convention. Those collective agreements of lower scope which, at the entry into force of this Convention, establish a reference of a template lower than that established in this article for the designation of trade union delegate, shall maintain it.

Article 84. Union quota.

In the workplace, at the request made in writing by each of the workers affiliated to the legally constituted central or trade unions, the companies will discount these workers on the monthly payroll. amount of the corresponding union fee.

The payment of the amount collected by the Company will be made effective, for months due, to the corresponding union, by means of transfer to your bank account. The undertakings shall carry out the following measures, unless otherwise specified, for periods of one year. The worker may, at any time, cancel in writing the authorization granted.

Article 85. Trade union surpluses.

The three-month-old staff member who exercises or is called to exercise a trade union position in the local, regional, provincial, regional or national governing bodies of a union central that has signed the Convention, shall be entitled to a forcible leave for the duration of the charge that determines it.

To access the worker to that leave, you must accompany the written communication to the Company, the certificate of the corresponding trade union center in which the appointment of the union office of government for which has been chosen. The forced surplus worker has an obligation to communicate to the Company, within a period not exceeding the month, the disappearance of the circumstances that led to his or her excess; if he fails to do so within that period, he will lose the right to return. Re-entry shall be automatic and compulsory and the worker shall have the right to occupy a place of the same group, place and place of work which he held before the forced leave to take place.

CHAPTER XIII

Sorting and organizing the job

Article 86. Management and control of the job.

The organization and organization of the work is the faculty of the entrepreneur, or persons in whom it delegates, being able to implement the internal control systems that it considers appropriate to verify the compliance by the worker of their work obligations and duties, which shall be exercised subject to the provisions of this Convention and other applicable rules.

Consequently, it has the power to organize it so that it can achieve maximum performance in all aspects: labor, materials, time, etc., up to the rational and scientific limit that allow the elements that (a) provide for and the necessary collaboration of staff for that purpose, subject to the provisions of this Convention and other implementing rules. They are the powers of the employer, inter alia:

a) The job qualification and generally accepted industrial productivity.

(b) The determination of the systems of organization or measurement of work to obtain and to ensure the maximum returns of the elements, machines or installations, given the general needs of the Company or the specific to a particular department, section, or job.

c) The award of the number of machines or tasks required for the saturation of the job. Regulation of the adaptation of the workloads, performance and tariffs to the conditions resulting from the change of operating methods, manufacturing process, change of materials, machines or technical conditions thereof.

d) The fixing of waste indices, quality standards and technical working standards.

e) The requirement of vigilance, attention and cleanliness of the machinery and tools entrusted to the worker.

(f) The change of job and the redistribution of the company's staff according to the conveniences of production and the organization, subject to the criteria of mobility within group membership professionals.

g) To introduce, during any period of work organization, the necessary or appropriate modifications in the methods, staff distribution, technical variations of the machines, tools, formulas, etc.

h) Maintaining the normal development of labor relations.

i) Set or vary the formulas for the incentive calculation.

j) Require normal activity to the entire staff of the Company.

The business powers described above will in any case be exercised without prejudice to the powers conferred on the legal representatives of the employees.

In case of disconformity of the works, exposed through its legal representatives, the existing rules in the Company will be maintained pending the resolution of the organs to which it corresponds.

Article 87. Provision of the job.

1. The worker is obliged to carry out the work agreed upon, in compliance with the orders or instructions of the employer in the regular exercise of his or her managerial powers, and, in his absence, the uses and customs, and must carry out any work, operations or activities are ordered within the general remit of their professional competence.

You must also provide greater or different work than the agreed upon need to prevent illness, remedy accidents or damage.

2. The worker must immediately inform his or her direct heads of the obstacles to the performance of his/her work, as well as any faults or defects in the tools, tools, machines, tools or installations. relating to his or her duties, which in turn must be maintained in a state of operation and use in which he is dependent.

3. The use of machines, tools, appliances, installations or work premises

be prohibited outside the work centres or on their working time, except in the case of the employer or those representing him.

4. For the proper effectiveness of the accident prevention policy at work, workers are obliged to use the means of protection provided by the employer in compliance with the relevant regulatory regulations.

5. As a manifestation of the general duties of collaboration and good faith governing the provision of work, the worker is obliged to maintain the secrets relating to the exploitation and business of the company.

Article 88. Work "on time or day".

Unless otherwise agreed, the provision of work is presumed to be in the form of 'time or day' in which the remuneration is fixed on the basis of the duration of the work and the normal performance defined in the this Convention and the counterpart of which is the salary tables of the lower-level collective agreements, provided that the worker reaches, in that time, the normal performance payable to it.

Article 89. Job to task.

The task is to carry out, per day, a certain amount of work regardless of the time spent in its realization. If the worker finishes the task before the end of the day, the company may offer and accept or not, between continuing to provide its services until the end of the day, or leaving the job, giving the same one.

In the first case, the Company will have to pay the time it mediates between the completion of the task and the conclusion of the daily working day, as if it were overtime, but without the effect of the limit fixed for the same purposes in Article 35.2 of the Staff Regulations and without a higher than normal performance being required during that period.

Article 90. Piece of work.

In the work to be used and for the purpose of its remuneration, only the quantity and quality of the work or work carried out, being paid for modules or units determined, regardless of the time invested in its performance, although a deadline may be set for its completion, in which case it must be completed within it.

Article 91. Work at premium or incentive.

Companies will be able to establish for work not scientifically measured incentives or production premiums, so that higher performance in the work normally corresponds to higher income than the ordinary. If in any of the work paid with incentive to weal, task, with premium to the production or for task and unit of work referred to this chapter, the performance demanded by causes imputable to the Company, in spite of To put the worker in the execution of the work the necessary technique, activity and diligence, he will be entitled to receive 50% of the average of the premiums obtained in the previous month during the first 30 days, 25% during the 30 days After the expiry of the last 30 days, the Commission shall, after 30 days thereafter, cease the obligation of the Company to pay any amount for this concept. If the causes that led to the decrease in performance were accidental and were not extended to the whole day, the worker must be compensated for the duration of the decrease.

Where the reasons are not attributable to the Company's neglect or negligence and regardless of the worker's will, the workers affected by the basic salary will be paid. Other cases may include the lack of electrical fluid, machine breakdowns, the waiting for force or materials, the lack or decrease of orders and other analogues. In order to prove the right to the bonus or base salary in the above cases, it is essential that the worker has remained at the place or place of work.

Article 92. Scientific organization of work.

For the purposes of the scientific organization of work in the companies included in this Convention that apply this system, and how many are suitable for their best operation and operation, the following shall be taken into account: definitions:

(a) Normal activity: Normal activity means the equivalent of 60 Bedaux, 100 Centesimal points or the reference to any other system of scientific measurement of the work, calculated by means of stopwatches by any of the known systems or by applying the instant observations technique called "work sampling".

b) Optimal activity: It is the one that corresponds to the measurement systems with the rates 80 or 140 in the Bedaux or Centesimal systems, respectively, or their equivalence in any other system of scientific measurement of the work.

c) Normal performance: This is the amount of work an operator performs in a normal activity time.

d) Optimal performance: It is the amount of work that an operator performs in an optimal activity time.

e) Machine time: It is the one that employs a machine to produce a task unit under certain technical conditions.

f) Normal time: It is the one invested by a worker in a given normal activity operation, not including recovery times.

g) Free work: It is the one in which the operator can develop the optimal activity all the time. Optimal production in free work corresponds to the optimal work.

h) Limited work in normal activity: It is the one in which the operator cannot develop the optimal activity during all its time. The limitation may be due to the machine's work, the fact of working in equipment or the conditions of the operative method. For the purposes of remuneration, waiting times due to any of the above limitations shall be paid as if normal activity is being worked.

i) Limited work in optimal activity: The optimal activity will be obtained taking into account that the minimum production time is the "machine time" performed in optimal activity. In the corresponding cases the interference and breaks of the machine or equipment shall be calculated. Undertakings which do not have a system of rationalisation in their work centres, at the time of publication of this Convention, may establish it and, in any event, may determine the normal performance for each post. (a) the amount and quality of the work to be carried out, as well as the remaining minimum conditions required, without the failure to do so, or to be interpreted as waiving such a right.

Article 93. Paid work with incentive. Assessment criteria.

For your calculation and establishment, the following circumstances will be taken into account:

a) Degree of specialization that the work to perform requires according to the mechanization of the industry.

b) Physical effort and attention that its execution originates.

c) Dureza and any other special work circumstances to be performed.

d) Environment in which the work is carried out, as well as the climatic conditions of the place where it has to be verified.

e) The quality of the materials used.

f) The economic importance that the work to do has for the Company and the normal course of its production.

g) Any other circumstances of a similar character to those listed.

Article 94. Procedure for the implementation, deletion and review of work systems.

The procedure for the implementation of the work organization systems will be the following:

1. The company shall notify the employees ' representatives in writing, if any, 15 days in advance, of the purpose of implementing a system or a technical method of organization of the work, accompanying the required information.

2. On the expiry of the previous period, if no agreement has been reached, the Company must submit the decision to the Joint Commission of the corresponding Provincial or Autonomous Convention. The representatives of the employees shall have an unextended period of 5 days, from the request, to issue a reasoned report to the Joint Committee. After 15 days from the request, the absence of a resolution shall be positive.

3. º The test period of the new system will have a duration that cannot be less than two months. During the said period, the average wage to be paid shall be guaranteed to the worker.

4. º Before the end of the probationary period, the representatives of the workers, or if they have not, may express their disagreement, reasoned and written before the Company's Directorate.

5. No Within ten days, after receipt of the said letter, the Company shall decide on the matters raised by the complaints referred to in the preceding paragraph. The Company will decide on the issues raised by the complaints. Against the decisions of the Company, it may be brought before the labor jurisdiction, extending the probationary period as long as it does not rule.

6. During the test period, before the entry into force of the new system, the characteristics of the new organization and the corresponding tariffs will be exposed in the job centers. In the same way, it will be used in cases of system review, methods or fees that involve modifications of the latter.

Article 95. System revision or modification.

The review of incentive methods or fees may be carried out by the Company or at the request of the employees ' representatives, for any of the following:

1. º When activities are repeatedly achieved with perceptions that exceed 100 per 100 of those reported for premiums and analogous, or 40 per 100 of the measured activities.

2. º When the amounts of work performed do not correspond systematically to the established normal.

3. Reform of industrial methods and procedures, motivated by modernization, mechanization or automation of jobs.

4. º When in the making of the tariffs there was an undoubted error of calculation.

5. º When any other circumstances advise.

CHAPTER XIV

Professional training

The organizations that are signatories to this Convention are aware of the need to strengthen the continuing training of workers in the sector, and agree to incorporate the content of this chapter as better. the formula for organising and managing continuing training actions to be promoted. In this respect, the parties are referred to the provisions of Royal Decree 395/2007 of 23 March 2007 ("BOE" of 11 April 2007), or the replacement rule, which regulates the occupational training subsystem for employment.

Article 96. Material scope.

These rules will be subject to the scope of these rules, all the training plans whose activities are immersed in the functional scope of the same, based on the provisions of Article 1 of Royal Decree 395/2007 or standard that replace.

Article 97. Initiatives for training.

The organisations that are signatories to this agreement, as well as those in the lower areas and companies and workers in the sector will be able to apply for funding for the development of training initiatives. referred to in Article 4 of Royal Decree 395/2007 of 23 March 2007, or the rule that replaces it, with the requirements contained in that rule and its development order.

Article 98. Training modalities and individual training permits.

Companies may opt for any of the forms referred to in Article 8. of Royal Decree 395/2007 of 23 March, or the rule that replaces it.

However, the company must submit to the workers ' legal representation information, and if it does not exist, to the necessary conformity of the workers affected by the training actions which they implant and which affect them, in accordance with and in accordance with the terms laid down in Article 15 of Royal Decree 395/2007 of 23 March 2007, or replacing it. An individual training permit, in accordance with the provisions of Article 12 (1) of Royal Decree 395/2007 or a replacement rule, is understood to entitle the undertaking to a worker for the purpose of carrying out a training action which is recognised by an official accreditation, including the certificates of professional qualifications which constitute the training offer of the National Catalogue of Professional Qualifications, in order to promote their professional and personal development. As a result, the number of hours of leave granted to the worker for training may be compensated by the undertaking from his/her credit for continuing training. In order to be eligible for such individual training permits, the following requirements must be met cumulatively:

Employees who provide their services in private companies or public enterprises which are listed in the social security system as vocational training, and have obtained from the company the granting of such a permission.

The training referred to in the individual permits must be recognized by an official qualification, having such a condition, those qualifications that have been issued by any public administration, published in the "Official State Gazette" and valid throughout the Spanish State. Also, university courses that have the consideration of their own university degrees are considered to be included by resolution of the Governing Board or Social Council of the corresponding University. Official qualifications may be completed in public or private institutions, provided that the latter are approved and approved by the competent Ministry in the field of the General Administration of the State or the Departments. in the field of the Autonomous Communities which have assumed competence in this respect. The training must be aimed at both the development or adaptation of the worker's technical and vocational qualifications and his/her personal training. Training actions which do not correspond to the training of the person concerned are excluded from the training permit. However, the in-person part of those carried out by means of distance shall be permitted. In any event, for the correct interpretation and application of the above criteria, the forecasts referred to in Articles 5 and 12 of Royal Decree 395/2007 of 23 March 2007 or standard replacing it shall be taken into account.

Article 99. Sectoral Joint Training Committee.

(A) Constitution: Under the provisions of Article 35 Royal Decree 395/2007 of 23 March 2007, or the rule replacing it, the State-wide Sectoral Joint Commission of Training shall be composed of six representatives of Trade Union Organisations and six of the business representatives who are signatories to this Convention.

These Organizations will act in the Sectoral Joint Commission through individuals who will hold the representation of those and, on their behalf, exercise the right to vote:

1. Duration and eesc: Members of the Sectoral Joint Committee shall exercise representation for the period of validity of this Chapter, and may cease to be responsible for:

a) Free revocation of the organizations that chose them.

b) By resignation or personal decision.

In any of the cases of termination, the replacement of the member of the Sectoral Joint Committee, whose effects within 15 days of the cessation of the cessation will be notified of the new designation, will be immediately made. by the corresponding Organization.

2. Social address: The sectoral Joint Committee shall have its registered office at the headquarters of the Tripartite Foundation for Training and Employment, and may freely transfer its registered office to any other. agreement of the parties.

3. Permanent Secretariat: There shall be a permanent secretariat which shall be responsible for the administrative functions of an organ of this nature, the address of which shall be that specified in the preceding paragraph. In particular, the functions of this Secretariat will be as follows:

(a) Call the parties at least seven days in advance.

b) Give input and distribute to the members of the Commission the requests and consultations received.

c) Take the record of approved minutes and free certification of their agreements.

d) How many others are entrusted to them by agreement of the Sectoral Joint Commission, for its best operation.

4. Meetings of the Sectoral Joint Committee: The sectoral Joint Committee shall meet at its registered office, on an ordinary basis once each quarter and, on an extraordinary basis, at the request of a of the parties.

For each meeting the Organizations will elect from among its members a moderator. The Registrar shall draw up the minutes of the agreements adopted. The meetings of the sectoral Joint Committee shall be carried out by the Permanent Secretariat. Calls shall be made by means of certified letters, telefax or any other means by which the sending and receipt of such letters shall be provided, seven days at least in advance of the meeting. Meetings which are of an urgent nature may be convened at least 48 hours in advance. The call shall include the day, time and place of the meeting, as well as the matters to be dealt with. On the first call, the Sectoral Joint Committee shall be validly constituted when the meeting, present or represented, is attended by three-quarters of all members of each of the representations. On the second call, which shall be held automatically half an hour after the first call, personal or representation assistance shall be sufficient, of the half plus one of the members of each of the representations. Representation may only be conferred on another member of the Sectoral Joint Committee and shall be made in writing.

5. Adoption of agreements: The decisions of this Joint Committee will be adopted by joint agreement of both parties (business and trade union), requiring, in any case, the favorable vote of the majority of each of the two representations. Such agreements shall not be effective until the approval of the minutes in which they are recorded.

B) Functions: The sectoral Joint Committee shall have, inter alia, the following functions:

(a) To intervene in the event of discrepancies arising in connection with the provisions of Article 15.5 of Royal Decree 395/2007 of 23 March 2007 or to replace it.

(b) Know the vocational training for employment that is carried out in their respective fields.

c) Set the guiding criteria and general priorities of the sectoral training offer to workers.

d) Participate and collaborate in activities, studies or research of a sectoral nature and make proposals in relation to the National System of Qualifications of Vocational Training and the National Focal Points corresponding to their respective areas.

e) Develop an annual memory on the training corresponding to its scopes.

f) Meeting the group of companies in their sector provided for in Article 16.2.

g) Any other costs attributed to them by the development regulations of this Royal Decree.

The Joint Sectoral Training Commission is authorised to give a number of rules in order to ensure the optimal management of the resources for vocational training in the sector.

Article 100. Of the times employed in continuous training.

For workers attending in-person training, 50% of the hours required for this action will be within the working day, or will be deducted from the work day, provided the following are given the following: conditions:

(a) The undertaking may refuse the assistance of a worker to a training action, by means of a reasoned decision, for technical, organisational or production reasons. In the event of a refusal, the worker may refer to the Sectoral Joint Committee for mediation in the settlement of the dispute.

(b) 50% of the hours in charge of the undertaking shall mean an annual maximum of 30 hours per worker, and may be distributed in one or more training actions.

(c) The applicant shall have passed the test period and must have, in any case, a minimum of one month's seniority in the undertaking.

d) During the training hours of the company, the worker will be entitled to the salary that would correspond to them as if he were working in ordinary time.

e) The worker will have to accredit to the company the assistance to the corresponding training action.

Article 101. Of the resources for training.

The application of the provisions of this chapter on continuing training is subject to the availability of budgetary resources.

CHAPTER XV

Temporary suspension of work contracts

Article 102. Procedure.

Parties to this Convention agree to establish the following rules of procedure where circumstances so determine:

1. Companies may apply to temporarily suspend their employment contracts, when any of the following conditions are met:

A) When stocks exceed two months of production stock at any date of the year.

B) Exceptionally, companies may apply for this suspension as long as their stocks exceed 30 days of stock, even if they do not exceed 2 months of production if, in advance, the Joint Joint Committees of Interpretation of the lower-level Conventions would have been proven and reported favourably in this regard, assessing for this all the factors causing such a situation.

2. The temporary cessation may affect all or part of the template, and may be applicable in an uninterrupted or discontinuous manner. In the event that the temporary cessation affects only one part of the Company's template, and as long as this situation is maintained, the remainder of the template may not exceed in its normal performance work, nor shall it perform overtime.

3. If the suspension is authorised, the staff concerned shall receive their remuneration as follows: the benefit to be paid by the worker, together with the contributions of the Management Entity and the Company, shall not exceed, in no case, the amount of the applicable unemployment benefit regulatory basis, after deduction of the proportional share of extraordinary rewards. Extraordinary bonuses shall be paid by the worker in full on the terms and dates provided for in general.

4. The processing of the temporary suspension of work contracts in the procedural steps will be in accordance with the provisions of Article 47 of the Workers ' Statute, although in its terms it will always be reduced to the half. If, for the duration of this Convention, new rules apply, they shall replace the rules referred to therein. In all cases, the time-limits laid down in the rules laid down will be halved.

5. All the petitions that are cured must be made under the principle of autonomy of the parties to negotiate and with the knowledge of the legal representatives of the workers.

6. Case of not affecting the suspension to the entire template must be applied, within the same group of staff, a system of rotation between one suspension and another, whatever the exercise in which the use of this faculty was made, depending on the configuration of the template.

7. The task of coordinating all the actions would be the Joint Committee of Interpretation of the Convention, in its functional field that will study each case and recommend the origin or not of the aforementioned suspension. The parties concerned may or may not be bound by such a recommendation.

CHAPTER XVI

Extra-conflict resolution of conflicts

Article 103. Extra-judicial voluntary procedures for the settlement of collective disputes.

Scope:

This procedure has the scope of the entire national territory and requires companies and workers to be bound by the General Collective Agreement on Cement Derivatives.

Conflicts submitted to this procedure:

The present procedure for the solution of conflicts between employers and workers or their respective representative organizations of the Cement Derivatives sector, in compliance with the agreements and in relation to the to the application, management or interpretation of the General Collective Convention of Cement Derivatives.

Collective Conflicts:

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

2. For the purposes of this Title, they shall also have the character of collective conflicts which, even if they are promoted by an individual worker or undertaking, their solution is extensible or generalizable to a group of workers.

Mediation, Arbitration, and Procedures organs:

The specific mediation and arbitration bodies set up by the Joint Joint Committee set up in the third chapter of this Convention shall be fully integrated into the Interfederal Mediation Service and Arbitration (SIMA).

The out-of-court procedures for resolving conflicts are:

(a) Mediation: The intervention of an impartial third party, individually or collegiately, is understood to favor the solution of a dispute affecting the differences of the various social parts of a certain employment relationship.

The mediation procedure shall not be subject to any pre-established processing, except the designation of the mediator and the formalization of the agreement that, if any, is reached.

The mediation procedure will be voluntary and will require agreement of the parties, which will record the content of the divergences, designating the mediator, and pointing out the question or issues on which they will deal. function. A copy will be sent to the Joint Commission which will be the one to be formalised by the Mediation Commission.

The Joint or Joint Committee shall communicate the appointment to the mediator and shall also notify all those extremes that are accurate for the performance of their duties.

Without prejudice to the above paragraphs, either party may address the Joint Commission, requesting its good offices to promote mediation. This proposal will be addressed to the parties in conflict by the Joint Commission, offering them mediation.

In the absence of such a request, where there are reasonable grounds for doing so, the Joint Committee may, acting unanimously, agree to address the parties urging them to request the settlement of the dispute through mediation.

(b) Arbitration: The mandate conferred by the conflicting parties to a third, individual or collegial party is understood by arbitration to resolve its disputes by being its mandatory opinion for the parties and having the value of the Convention Collective, as long as the passive subjects of the arbitration possess sufficient legitimacy to conclude this agreement with the Law.

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

1. Name of the appointed arbitrator (s).

2. Identification of the employer or of the collective subjects who have legitimisation to benefit from the procedure, in the field of conflict.

3. Matters which are subject to an arbitration award and, where appropriate, criteria which are considered to be observed by common agreement, as well as the time limit for the submission of such criteria.

4. Commitment to accept the arbitration decision.

5. Whether the award being sought must be dictated in law or in equity.

6. Address of the parties concerned.

7. Date and signature of the parties.

From this agreement, copies of the arbitration agreement shall be made to the Joint Commission and, for the purposes of constancy and publicity, to the competent labour authority.

The appointment of the arbitrator or arbitrators shall be free and shall be subject to impartial experts. The appointment will be carried out in the same way as the one indicated for the mediators in the preceding article of this Collective Agreement.

The arbitral resolution shall be binding and immediately enforceable and shall, in a reasoned manner, resolve any and all issues set out in the arbitration agreement. The arbitral award shall be notified within the time limit set out in the arbitration undertaking or, in the event of no express deadline, within 10 working days of the appointment of the arbitrator. Exceptionally, and, in the light of the difficulties of the conflict and its importance, that period may be extended, and the award shall, in any event, be given before the end of 40 working days; it shall also be notified to the Commission. Joint Joint Committee and the competent labour authority.

The award issued may be challenged in the case of social jurisdiction, according to the procedural mode applicable.

The mediation and arbitration procedures to be followed by the companies and workers affected by this Collective Agreement are, according to the nature and origin of the conflict, those that are then expressed.

Conflicts of interpretation and application of the Collective Agreement in the company:

a) Mediation: In the individual conflicts of interpretation and application of the Collective Agreement the procedure will be voluntary.

When the conflict of interpretation and application of the Convention is of a collective nature, mediation will be obligatory in all cases and must necessarily precede the corresponding judicial action.

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

In both previous cases (individual conflict/collective conflict) mediation may be requested by mutual agreement or at the request of the Joint Joint Committee after having tried within a minimum period of one month. solution of the conflict in the framework that originated and it will be the aforementioned Joint Commission who will directly exercise the function of mediation designating mediators to the effect.

In the request for mediation addressed to the Joint Joint Committee, the issues on which the conflict is concerned, as well as the proposals of the applicant party or both.

The Joint Committee on the conflict, or, if it does not exist, the Joint Joint Committee, which is governed by this general agreement, will examine the question raised and its possible mediation.

In case of understanding the Joint Commission that proceeds its mediating action, it will exercise this function by designating a Mediation Commission, which will act by consensus, composed of a representative of each of the two organizations. signers and two of the business representation.

Members of this Mediation Committee appointed by their organizations may expressly delegate their mediating function to one of its components. That Mediation Commission shall be integrated into the SIMA and shall act in accordance with the rules of procedure laid down in the ASEC or, any agreement that replaces it, and in its Implementing Regulation. If no agreement is reached in the mediation process, the Mediation Commission will make a final proposal, which will necessarily be stated in the final act, together with the position and/or proposals of each of the parties. Proposals for a solution offered by the mediator to the parties may be freely accepted or rejected by the parties. In the event of acceptance, the agreement achieved shall have the same effectiveness as the agreement in collective agreement.

Unless the Joint Commission itself decided to give the parties in Madrid exceptionally, the act of mediation would be carried out in the locality or area where the conflict originated, all in accordance with the provisions of the internal regime of SIMA.

The referral to the SIMA of the conflicts referred to in this paragraph is effected under the ASEC, or any agreement that replaces it, which is hereof reproduced.

(b) Arbitration: In the event that the mediation is terminated without agreement, either party may follow the administrative and judicial route for its resolution of the conflict, or, by common agreement, urge the Commission to Mediation designated by the Joint Commission to resolve it on an arbitral basis by deciding on the latter on the basis of what happened in the mediation process if it resolves the arbitration directly or proceeds to appoint arbitrators to the effect.

Also, in relation to conflicts of interpretation and application of the Convention relating to professional classification, holidays, work schedule or organizational issues when they involve modification of the content of the work, such as working hours, shifts, etc., where mediation will terminate without agreement, either party may follow the administrative or judicial route for its solution, or urge the designated Mediation Commission to the Joint Commission to resolve it by arbitration by deciding on the latter on the basis of occurred in the mediation process if it resolves the arbitration directly or proceeds to appoint arbitrators to the effect.

Conflicts of interpretation and application of the agreements implementing the collective agreement:

a) Mediation: In the conflicts of interpretation and application of the agreements of application of the Collective Agreement, the procedure will be initiated to the Joint Commission, which is only competent to examine that it does not there is a contradiction between the lower scope and the sectoral agreement.

For mediation in those conflicts raised in relation to the contents of such pacts on unresolved issues in the sectoral agreement, the Joint Commission will review the mediation of the mediation and arbitration as long as the activity of the company does not rebase such an autonomous area, transferring, if not, the mediation to the SIMA, in these cases the mediation procedure is governed by the rules that establish the regulations of these out-of-court dispute settlement bodies.

For the mediation of those conflicts raised in relation to the contents of the covenants referred to above on matters if resolved by the Collective Agreement or the Joint Commission in application and interpretation thereof, proceed as referred to in point (a) of the preceding article.

Individual issues which do not have a collective significance will also be transferred from the Joint Committee to the regional bodies, provided that the rules of the latter provide for the possibility of intervention in the individual conflicts.

(b) Arbitration: In the event that the mediation terminates without agreement, either party may follow the administrative and jurisdictional path for its resolution of the conflict, or, by common agreement, to urge the SIMA or the body. mediation and corresponding autonomic arbitration to resolve it in an arbitral manner in accordance with the procedure and the rules that establish the regulations of these bodies for the out-of-court settlement of disputes.

Additionally, when the conflict of interpretation and application of the pact of application of the Collective Agreement is relative to the professional classification, the previous intervention of the Joint Commission will be mandatory in processing and/or mediation processing.

Conflicts referred to in Article 4 of the ASEC, or in the agreement of any agreement that replaces it, when the conflict is over issues not covered by the Collective Agreement or the implementing pacts of the same:

In this case, the party that urges the procedure will be directed to the Joint Commission, which will direct it directly to the procedures and rules of out-of-court settlement of disputes regulated in the ASEC or, any agreement to replace it, or a regional body that corresponds to the scope of the conflict.

Costs of mediations and arbitrations:

The costs arising from all mediation and arbitration procedures regulated in the preceding articles shall be subject to the rules of the relevant SIMA or regional body. In the event of other expenditure not covered by the said bodies or the normal functioning of the Joint Committee, each of the parties affected by the said procedures shall bear their corresponding expenditure.

Joint Committee:

For the purposes of this Convention on conflict resolution procedures, the Joint Committee shall assume, in addition to the powers and powers already established in the third chapter of this Convention, among others, the following:

a) Approve an operating rule.

b) Set the list of mediators and referees.

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

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

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

CHAPTER XVII

Social Security Complementary Benefits

Article 104. Compensation.

Workers affected by this Convention shall be entitled to receive additional compensation for the benefits of Social Security, in the cases and amounts detailed:

(a) In the event of death due to common sickness or non-work accident, EUR 1,800 or the amount of one twelfth of the annual remuneration provided for in the Convention applicable at any time, if this amount is higher.

(b) In the event of death, total permanent incapacity, absolute or great invalidity, arising from an accident at work or occupational disease:

Years 2013 to 2016: 50,000 euros.

In the case of death, the compensation established shall be paid to those who or the deceased worker has declared a beneficiary, and, failing that, to the spouse, children, parents, siblings and other legal heirs, by that order.

As to the date of the fixing of effects of the causative event, it will be, in any event, the date on which the accident occurred. In cases of occupational disease, it shall be taken as the date of effect, when the existence of the disease is declared for the first time by the competent body. The date of entry into force in the application of the previous compensation shall be 30 days after the entry into force of this Collective Agreement. Those collective agreements of lower scope which, at the entry into force of the present, have established higher compensation for these and other assumptions, will maintain them as a more beneficial condition until they are reached by those fixed in this Convention.

Article 105. Temporary disability allowances.

1. Supplement for temporary incapacity arising from an accident at work or occupational disease:

In addition to the benefits provided by the managing body, workers who are in a situation of temporary incapacity arising from an accident at work or occupational disease will receive a supplement up to to reach 100% of the contribution base of the previous month, not including the part of overtime, nor the proportion of the extraordinary payments to be collected on their payment dates for these purposes.

2. Temporary disability supplement due to common illness or non-work accident:

A) If the absenteeism index defined in paragraph (b) of this article is equal to or less than 3% taking the average of the 12 months preceding the period that is most liquid from the settlement month itself (average 12 months + index (a) of the month)/2, workers who are in a situation of temporary incapacity arising from a common illness or non-work accident shall receive a supplement up to 100% of the regulatory basis in the terms set out in the paragraph from the tenth day of the sixth day of the fall and the last such situation. In the case of hospitalization, 100% will be paid from day one, for the duration of hospitalization.

B) absenteeism is understood, the lack of work due to temporary incapacity due to a common illness or non-work accident and will be the result of the following formula:

An image appears in the original. See the official and authentic PDF document.

The resulting absenteeism index will be published month-on-month and cumulatively in the bulletin boards of each company and given copies to the legal representatives of the workers for their control.

If there are no legal representatives, such indices will be provided to the trade unions that are signatories to this Convention. Failure to comply with any of these requirements shall not free undertakings from payment of the temporary incapacity of the previous Article even if their rate is more than 3%. Those collective agreements of lower scope which, at the entry into force of the present, have established higher allowances or allowances for these and other assumptions, will maintain them as a more beneficial condition until they are reached by those laid down in this Convention.

Article 106. Partial retirement by contract of relief.

The undersigned organizations of this Convention express their interest in promoting the generational change in the sector through the application of the contract of relief.

CHAPTER XVIII

Equal opportunities, equality plans, and protocols

Article 107. Equal opportunities and equal plans.

Equal opportunities:

The Convention's signatories to the Convention, both trade unions and employers, understand that there is a need to establish a general regulatory framework for intervention at sectoral level to ensure that the fundamental right to equal treatment and opportunities in companies is real and effective. They therefore agree on the following general sectoral objectives:

(a) Establish guidelines for the elaboration, structure and procedure of equality plans in order to achieve the optimal management of human resources in order to avoid discrimination and be able to offer equality of real opportunities, building on a permanent resource for social dialogue.

b) to confer on the Sectoral Commission for Equality the powers referred to in the Article Joint Equality Commission, of this Convention for the purpose of the development of an effective work on equality of treatment of opportunities in the job.

Equality Plans:

In accordance with the provisions of Organic Law 3/2007, companies are obliged to respect equal treatment and opportunities in the field of employment and, for this purpose, must adopt measures aimed at avoiding any type of employment discrimination between women and men, measures to be negotiated, with workers ' representatives in the form to be determined in labour law.

In companies of more than 250 employees, have one or more job centers, the equality measures referred to in the preceding paragraph shall be directed to the elaboration and implementation of an equality plan.

Companies will also develop and implement a plan of equality, after negotiation, with the legal representation of workers, when the labor authority would have agreed in a sanctioning procedure to replace the workers. ancillary penalties for the preparation and implementation of such a plan, in the terms set out in the said agreement.

The elaboration and implementation of equality plans will be voluntary for other companies, after consulting the legal representation of the workers and will count for its elaboration with this one.

For this purpose, the present Convention follows a set of guidelines and rules in relation to equality plans and the diagnosis of the situation, the purpose of which is to make it easier for companies of more than 250 people. workers included within their scope, the implementation of the Organic Law 3/2007.

Concept of equality plans:

As established by the Organic Law 3/2007, the equality plans of the companies are an ordered set of measures, adopted after making a diagnosis of situation, aimed at achieving in the company the equality of treatment and opportunities between women and men and eliminate discrimination on grounds of sex.

The equality plans will set the concrete objectives of equality to be achieved, the strategies and practices to be adopted for their achievement, as well as the establishment of effective systems for monitoring and evaluating the objectives. fixed.

Situation Diagnosis:

Prior to the setting of the equality objectives to be achieved, the companies will make a diagnosis of the situation which will be aimed at obtaining data disaggregated by gender in relation to the conditions of the work and with particular reference to matters such as access to employment, vocational training, classification and promotion, the remuneration and management of working time, the reconciliation of work, family and personal life, etc. All for the purposes of finding, if any, the existence of situations of unequal treatment or opportunities between men and women lacking objective and reasonable justification, or situations of discrimination on grounds of sex, assume the need to set those objectives.

Of all this, companies will give written account to workers ' representatives, and they can request additional information if they consider it appropriate.

The situation diagnosis should provide data disaggregated by gender in relation to, among others, some of the following issues:

a) Distribution of the template in relation to ages, seniority, department, hierarchical level, professional groups and level of training.

b) Distribution of the template in relation to contract types.

c) Distribution of the template in relation to professional groups and wages.

d) Distribution of the template in relation to the organisation of the working day, annual working hours, shift arrangements and measures to reconcile family and work life.

e) Distribution of the template in relation to union representation.

f) Revenue and ceases produced in the last year specifying professional group, age and type of contract.

g) Levels of absenteeism by specifying causes and by glossing the corresponding permissions, disabilities, and others.

h) Last year excedences and reasons.

i) Last year promotions specifying the Professional Group and posts to which it has been promoted, as well as promotions linked to geographic mobility.

j) Last year training hours and type of training actions.

Also to be diagnosed: The criteria and channels of information and/or communication used in the selection, training and promotion processes, the methods used for the description of professional profiles and posts work, the language and content of job vacancies and application forms to participate in the selection, training and promotion processes and policies implemented by the company in the field of gender harassment and violence.

Equality Plans Objectives:

Once the diagnosis of the situation has been carried out, the concrete objectives to be achieved will have to be established on the basis of the data obtained and which will be able to consist of the establishment of positive action measures in those questions the existence of situations of inequality between women and men lacking objective justification, as well as in the establishment of general measures for the effective implementation of the principle of equal treatment and not discrimination.

Such objectives, which shall include strategies and practices for their achievement, shall preferably be aimed at the areas of access to employment, training, classification and professional promotion, remuneration and working conditions, reconciliation of family life, etc., and among others may consist of:

a) Promote equality selection and promotion processes that prevent vertical and horizontal segregation and the use of sexist language. This will aim to ensure transparent selection procedures for entry into the company through the non-discriminatory drafting and dissemination of job vacancies and the establishment of objective and appropriate tests for the requirements of the of the position offered, related exclusively to the assessment of individual skills and abilities.

b) Promote the inclusion of women in positions involving command and/or responsibility.

c) Establish specific programs for the selection/promotion of women in positions in which they are underrepresented.

d) Review the incidence of atypical forms of recruitment (part-time contracts and temporary hiring arrangements) in the working group in relation to workers and take corrective action in the event of of higher incidence on these forms of procurement.

e) Ensuring equal access for women and men to the training of both internal and external enterprises, in order to ensure that women remain in employment, developing their training level and adaptability to the requirements of the demand for employment.

f) Specific information for women in training courses for positions that have traditionally been held by men.

g) Conduct specific courses on equal opportunities.

h) Review the supplements that make up the salary to verify that they are not closing discrimination against women workers.

i) Promote processes and set deadlines to correct the possible gender pay gaps between men and women.

j) To achieve greater and better reconciliation of the family and work life of men and women through awareness campaigns, dissemination of existing legal permits and surplus, etc.

k) Establish measures to detect and correct possible risks to the health of women workers, especially pregnant women, as well as actions against possible cases of moral, sexual and sexual harassment. In the latter situations of harassment, undertakings which do not have an approved action protocol for such situations shall follow the provisions of Article 109 of this Collective Convention.

Competencies of the Companies and the Representatives of the Workers in the elaboration of the plans for equality and transitional regime:

It will be up to the company to perform the situation diagnosis. The documentation to be released from such a diagnosis shall be provided for the purposes of analysis and validation of workers ' representatives.

After the diagnosis of the situation, the companies affected by these provisions will have to negotiate with the workers ' representatives the corresponding plan of equality. In the event that there were discrepancies and a review of the nature of the conflict in accordance with the provisions of the law, the mediation and arbitration bodies of the Joint Commission shall be competent in accordance with the procedures laid down in this Regulation. Convention.

Once the equality plan has been implemented, the company will inform the employees ' representatives at least on an annual basis about their evolution, with the latter being able to request additional information if they consider it appropriate.

Companies shall have a period of time in accordance with this Collective Agreement for the purposes of applying the provisions of the foregoing Articles with respect to the diagnosis of situation and the plans for equality.

The Equal Opportunities Sectoral Commission:

It is agreed to constitute a Sectoral Joint Commission for Equal Opportunities among the signatories to this Convention in order to address the commitments made in this Chapter of the Collective Agreement, with the following competencies:

-Understand in terms of consultation on questions of interpretation and/or application that may arise in companies in relation to the provisions on equality plans set out in the previous articles.

-Follow up on the evolution of the equality plans agreed upon in the companies in the sector.

-Possibility of drawing up technical opinions on aspects related to equal treatment and opportunities between women and men at work at the request of the Joint Committee.

-If it is agreed in the same way, it will be able to produce a specific study in relation to the Equal Opportunities in the field and, in particular, an evaluation of the employment situation and employment of the women, to realize through the sectoral survey of the implementation of the convention and for which it will be necessary for the data to be presented in the latter disaggregated by gender.

-On the basis of the conclusions reached, a possible concrete collaboration agreement will be discussed again with the Women's Institute, as well as the possibility of drawing up a code of good practice in the field of treatment and opportunities in companies in the Cement Derivatives sector.

-The result of the pooling of these reports and their findings will be the annual report on equal opportunities for the sector.

Article 108. Protocol for the prevention and treatment of situations of harassment.

1. Statement of principles:

Among the Principles of Conduct and Performance of Companies included within the functional scope of this Collective Agreement is "Respect for Persons" as an indispensable condition for individual development and professional, having their most immediate reflection in the principles of "Respect to Legality" and "Respect to Human Rights" that regulate the activity of all persons in the exercise of their functions, which compels to observe a proper treatment, respectful and dignified, guaranteeing the safeguarding of fundamental rights of a working character, personal intimacy and equality.

In this same sense, the Organic Law 3/2007, of March 22, for the effective Equality of Women and Men recognizes that equality is a universal legal principle recognized in various international texts on rights human rights, instituting the obligation to promote working conditions that prevent situations of harassment, as well as to arbitrate specific procedures for their prevention and to give caution to complaints or complaints that may be made by those who have object of the same.

The undersigned organizations of this Collective Agreement consider that conduct contrary to the principles previously stated, and more specifically, those that the present text identifies as acts of harassment, are unacceptable, and therefore must be at all levels " a mutual commitment to collaboration, to zero tolerance in the face of any kind of harassment.

This protocol aims to prevent harassment in the working environment and, if it occurs, to ensure that appropriate procedures are available to deal with the problem and avoid a repeat. These measures are intended to ensure that workplace environments are free of harassment, in which all persons are obliged to respect their integrity and dignity in the professional and personal field.

For the above, and in the development of the duty laid down in Article 48.1 of the Organic Law 3/2007, of 22 March, for the effective equality of women and men, the signatory parties agree on the following protocol:

2. Personal scope:

This Protocol shall apply to all personnel of undertakings falling within the functional scope of Article 1 of this Convention which do not have their own protocol.

3. Definitions and preventive measures:

a) Moral Harassment ("mobbing") :

Any abusive conduct or psychological violence is understood to be carried out in a prolonged manner over time on a person in the field of work, manifested through repeated behaviors, facts, orders or words that aim to discredit, disregard or isolate a person in order to obtain a self-abandonment of work, producing progressive and continuous damage in his or her dignity or psychic integrity. It is considered an aggravating circumstance that the person exercising the harassment has some form of hierarchical authority in the structure of the company about the person being harassed.

Moral harassment can be presented in three ways:

i. In descending order, when the victim is in charge of the alleged victim of the harassment.

ii. In a horizontal way, when it occurs among people of the same hierarchical level, it is usually for the person who acts to hinder the work of those who suffer in order to deteriorate the professional image of this one and even to attribute itself merits others.

iii. In ascending form, when the person who acts is a person who occupies a position of lower level than that of the alleged victim.

b) Sexual harassment:

In accordance with the provisions of Article 2 (2) (d) of Directive 54/2006 of 5 July 2006 and Article 7 of Organic Law 3/2007 of 21 March 2007, sexual harassment is considered to be the situation in which any action is taken. verbal, non-verbal or physical behavior of a sexual nature for the purpose or effect of attacking the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment.

c) Acose by reason of sex:

In accordance with the provisions of Article 2.1.c of Directive 54/2006 of 5 July 2006 and Article 7 of the Organic Law 3/2007 of 21 March 2007, the situation in which a behaviour is produced is defined as follows: the sex of a person for the purpose or effect of attacking the dignity of the person, and of creating an intimidating, degrading, humiliating or offensive environment.

d) Discriminatory Acts:

Both sexual harassment and harassment on grounds of sex are set out in Article 7.3 of Organic Law 3/2007, for the Effective Equality of Women and Men as discriminatory acts, being the same object of prohibition. expresses in the principles of Behavior and Performance, enjoying the special protection afforded by the Spanish Constitution to fundamental rights.

e) Preventive measures:

They are established as preventive measures of harassment, the following:

1. To sensitize the workforce both in the definition and forms of manifestation of the different types of harassment, and in the procedures for action identified in this protocol, in the event of occurrence.

2. Respect the principle of not tolerating such conduct, if necessary, the disciplinary measures provided for in the labour law of implementation.

3. To establish the principle of co-responsibility of all workers in the monitoring of work behaviour.

4. Define educational and/or communication programs that favor communication and closeness in any of the levels of the organization.

4. Procedure for action:

The companies affected by this protocol guarantee the activation of the procedure described below when a complaint of sexual harassment occurs, because of sex or moral harassment, counting for this with the participation of the representatives of the employees.

a) Principles of the action procedure:

The procedure of action shall be governed by the following principles, which shall be observed at all times:

-Guarantee of confidentiality and protection of the privacy and dignity of the persons involved, guaranteeing in any case the preservation of the identity and personal circumstances of those who report.

-Priority and urgent processing.

-Comprehensive investigation of the facts, and if necessary, directed by specialized professionals.

-Guarantee of action by taking the necessary measures, including, where appropriate, those of a disciplinary nature, against the person or persons whose conduct of sexual harassment, harassment on grounds of sex or moral harassment is proven, as well as to whom I made false accusation or accusation, mediating bad faith.

-Indemnity against retaliation, ensuring that no adverse treatment or negative effect on a person is produced as a result of the filing of a complaint or demonstration in any direction aimed at preventing the the situation of harassment and the initiation of the present proceedings (without prejudice to disciplinary measures which may be arbitrated in cases of manifestly false denunciation).

-Guarantee that the person who is harassed can continue in his or her job under the same conditions if that is his will.

b) Scope:

This procedure is internal, therefore, it does not exclude or condition the legal actions that may be exercised by the injured persons.

c) Getting started with the procedure:

The procedure will be initiated by bringing to the attention of the Human Resources Officers of the workplace, the situation of sexual harassment, or by reason of sex or moral harassment that may be carried out by any of the Following forms:

1. Directly by the affected person.

2. Through the workers ' representatives.

3. For anyone who has knowledge of the situation.

d) Instruction:

The instruction of the file will always be carried out by the persons responsible for human resources of the company who will be responsible for instructing the procedure and to monitor that during the same one respect the principles

a) reporting on the performance of the reporting procedure;

Those who instruct the case, unless the person affected by the harassment manifests the contrary, for which they will be expressly asked, they will put in the knowledge of the workers ' representatives the situation, keeping them at all times to the stream of his performances. As long as the express consent of the alleged victim is not recorded, it is not possible to put the situation in the knowledge of the workers ' representatives.

The persons participating in the instruction (address, trade unions or any), are subject to the obligation of professional secrecy on the information to which they have access during the processing of the file. Failure to comply with this obligation may be subject to sanction.

Exceptionally, and taking into account special circumstances that may occur in any case, the instruction of the file may be delegated to another person who designates the Human Resources Directorate.

e) Previous Procedure:

With the knowledge of the situation of harassment, a preliminary procedure will be initiated automatically, the objective of which is to solve the problem immediately, since at times, the mere fact of manifesting the person It is sufficient for the problem to be solved. It is sufficient for the problem to be solved.

At this stage of the procedure, the person who will instruct the file will meet with the parties in order to clarify the facts and reach a solution accepted by both parties.

Once initiated, and in the event that the same does not end within five days of the start having resolved the problem of harassment, it will necessarily result in the opening of the formal procedure.

f) Formal Procedure:

The formal procedure will start with the opening, by the investigating party, of an information file.

For the elaboration of the same, in the instruction you will be able to practice how many actions are considered necessary for the clarification of the facts denounced, keeping the formality of giving the parties to the proceedings involved:

In the shortest possible time, without exceeding a maximum of 20 days, a report should be drawn up containing the description of the events reported, the concurrent circumstances, the intensity of the events, the reiteration in the conduct and degree of involvement in the work obligations and the working environment of the alleged victim.

In any case, you must be convinced or not of the investigating party to have committed the facts reported, making explicit the facts that have been objectively accredited based on the due diligence.

g) Precautionary Measures:

During the processing of the file, on a proposal from the investigating party, the Company's Directorate may take the necessary precautionary measures to ensure that the situation of harassment is immediately terminated, without such measures being taken. may be detrimental to the working conditions of the persons involved.

h) Assistance to the parties:

During the processing of the file the parties involved may be assisted and accompanied by a person of trust, whether or not representatives of the workers, who must keep the information about the information they have access.

This trusted person may be present in the statements and communications that the investigating party directs to the persons involved.

i) Closure of the Expedient:

The Management of the Company, taking into consideration the gravity and importance of the accredited facts, will adopt, within a maximum period of 10 days the necessary corrective measures, being able to be the ratification as definitive of the precautionary measures taken in the handling of the file.

In any case, workers ' representatives shall be aware of the final result of all the files which may be processed, as well as of the measures taken, with the exception of identity and circumstances. personal of the alleged victim of the harassment (if the victim requested that the facts not be brought to the attention of the victim).

In any case, if sexual harassment is found, for reasons of sex or moral harassment, the corresponding disciplinary sanctioning measures will be imposed. Similarly, if it is accredited, it shall also be deemed to be an act of discrimination on grounds of sex.

In the event that the non-existence of harassment is determined in any of its modalities and the bad faith of the complaint is also determined, the corresponding disciplinary measures shall apply.

First disposition first.

The signatory parties have reached the following agreements in terms of salary increases:

For the year 2013: Increase of 0.20% on the sectoral minimum tables of 2012, with effect from 01/01/2013.

For the year 2014 and successive to end of convention: Depending on the increase in GDP, wage increases will occur according to the following table:

1. If the GDP increase is between 0.00 and 1.00% = Increase 0.20%.

2. If the GDP increase is between 1.01 and 1.50% = Increase 0.40%.

3. If the GDP increase is between 1,51 and 2.00% = Increase 0.60%.

4. If the GDP increase exceeds 2% = Increase 1%.

Criteria for implementing these agreements in the provincial or regional conventions, if any:

On the final tables of 2012, an update of 0.20% will be applied. The amount thus obtained, for each professional group, will form the final salary table for 2013. This review shall not entail payment of arrears from 1 January to 31 December 2013.

For the salary update corresponding to the year 2014 and subsequent to the end of the agreement, the following is done: Once the Gross Domestic Product (GDP) increase for the year of the revision is known, the Final salary tables for the previous year shall be increased by the above percentages with effect from 1 January of the revised year.

ANNEX I

Sector minimum economic remuneration table and final salary table for 2013

By professional groups

Level

Group

Salary table 2013

-

Euros

XII

8 (*)

16.753.13

XI

7

17.004, 42

X

6

17.259.49

IX

5

17,518.37

VIII

4

17.781.15

3

3

3

VI

V

2

19.671.36

III

1

1

20,182.81

(*) Gross remuneration calculation formula for 2013:

Group 8 = Group 8 gross annual remuneration of year 2012 + 0.20%.

ANNEX II

For the purposes of Chapter VII, Article 35.4 of this Convention, the formula for determining the time value in order to pay for any excess in the event of irregular distribution of the day shall be the next:

An image appears in the original. See the official and authentic PDF document.

Being:

SB: Base Salary.

AC: Consolidated Age, if any.

PI: Possible Individual Pluses or Personal Add-ons.

CC: Convention Complement.

CP: Job Position Add-ons.

CCC: Complements by Quantity and/or Quality of Work.

GE: Extraordinary Rewards.

V: Amount of annual holidays.

ANNEX III

According to the provisions of Article 44 of this Convention, the model of the Receipt of Salaries valid in the sector of Cement Derivatives, will be adjusted to the concepts of structure contained in the model annexed to the Order Ministerial meeting of 27 December 1994, including the date of seniority of the employee in the company. The concepts of accrual that the worker has the right to perceive shall necessarily conform to those defined in Chapter VIII of this General Agreement and shall be specified and related in the Receipt of Salaries with the accuracy and clarity sufficient to allow the worker to know exactly the contents of the same.

ANNEX IV

In order to adapt the total annual remuneration in numbers not exceeding 14 pages, the following shall be carried out:

1. The recasting procedure will be as follows: The amounts of all the rewards, whatever their denomination, that do not correspond to the extraordinary summer and Christmas bonuses, total and quantify; the result obtained shall be divided between 14, the case of monthly remuneration; or between 425 days of daily remuneration. The amounts thus obtained will automatically be converted into the monthly or daily base salary and the extraordinary summer and Christmas bonuses.

2. The recasting process described above should occur in the first negotiation of the different lower-scope conventions.

ANNEX V

Permission and license table

Salary

No

Reason (*)

Maximum Time

Justicizers

Overages.

Compl. antig.

Incentive. (1)

Compl. Count.

Compl.

Compl. no salt

of parents, grandparents, children, grandchildren, spouse, siblings, and in-laws.

Three calendar days, expandable up to five natural days in case of displacement greater than 150 km.

Yes

Yes

Yes

Yes

Yes

Yes

Yes

No

Document that accredits the fact.

parents, in-laws, children, grandchildren, spouse, siblings and grandparents.

Three calendar days, expandable up to five natural days in case of displacement exceeding 150 km.

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Health Justicizer that accredits the fact

of Nueras, Yernos, Cunates, and Political Grandparents.

Two calendar days, expandable up to four natural days in case of displacement exceeding 150 km.

Yes

Yes

Yes

Yes

Yes

Yes

No

Document in which the fact is

disease of nueras, sons, and political grandparents.

Two calendar days, expandable up to four natural days in case of displacement greater than 150 km.

Yes

Yes

Yes

Yes

Yes

Yes

No

Health Justicizer that accredits the fact.

birth or adoption.

Three calendar days, expandable up to five natural days in case of displacement greater than 150 km.

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Not

Family book or Courthouse certificate.

's Marriage.

Fifteen days

Yes

Yes

Yes

Yes

Yes

No

No

Family Book or official certificate.

address change.

A workday.

Yes

Yes

Yes

Yes

Yes

Yes

No

Document that accredits the fact.

and personal inexcusable Duty.

The indispensable or the one that marks the rule.

Yes

Yes

Yes

Yes

Yes

Yes

No

Assistance Justifying.

Lactation up to nine months.

1-hour or two-fraction of a ½ hour absence; half-hour reduction.

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Book family or adoption certificate.

(article 40 E.T.).

Three business days.

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Marriage.

The calendar day.

Yes

Yes

Yes

Yes

Yes

Yes

No

Document that the fact is credited.

union or worker representation functions.

The set in the rule.

Yes

Yes

Yes

Yes

Yes

Yes

Yes

The one that proceeds.

(1) Average perceived in the previous month.

(*) In addition, for the presumed death of relatives up to 2. degree of consanguinity or birth of children, requiring displacement abroad, as well as serious illness for once a year with the same requirements, the worker shall be entitled to a paid leave of two calendar days and not paid for another two days.

ANNEX VI

Professional Classification. Guidance Table

N.

XI

Ordinance

G

Employees

Operaries

0

0

The_table_table_izq"> Director General.

Director Division.

Managing Director.

1

1

1

The_table_table_izq"> Top Graduates.

Director Administration.

Chief Financial Officer.

Chief Commercial Officer.

Director Marketing.

Director RR. HH.

Production Director.

III

IX

V

Personal titled Media.

Administrative Chief 1. ª

Head Organization Section 1.

Personal Chief.

Work Assistant.

Factory General Load.

General Charge.

Top Administrative 2.

Top Delineant.

Enloaded General of Work.

Chief Scientific Organization section of job 2. ª

Head purchases.

2

Media Titled.

Chief Administration.

Sales Manager.

Chief Purchasing.

Chief Personnel.

Production Manager.

Head Factory.

General Charge.

VI

VII

Administrative Officer 1.

Outline 1.

Chief or workshop manager.

Lab section loaded.

Stone and marble Sculptor.

Topography Practice 1.

Organization Technician 1. ª

Delineant 2. ª

Organization 2. Technical

Analyst 1.

Traveller.

Capataz.

Trade specialist.

3

Technical Department.

Quality Control Technician.

RR Prevention Technician. LL.

Outline 1.

official 1. Administrative.

Commercial Technician.

Concrete Commercial.

Chief and Enloaded Section.

Chief Workshop.

Head of Hormigons Plant

VIII

Administrative Officer 2.

Place Corridor.

officio 1.

Control Inspector.

Analyst 2.

Analyst 2.

4

Delineant 2.

Analyst Lab.

Administrative Officer 2.

Officer 1. ª Officio.

Driver Vehicles Larger Than 7,500 Kg.

Concrete Plant Dispenser.

Truck Driver Ant.

Tower Gruist.

Mobile Crane Operator.

1515,000 Kg.

Special Piece Gruster.

IX

Administrative Auxiliary.

Totopographic assistant.

Organization Auxiliary.

Sellers.

Conserje.

officio 2.

5

dependent.

dependent.

2. Pm.

driver.

Truck Driver Up To 7,500 Kg.

Horcrumbs Mixer.

Carrer.

Crane Bridge Operator.

Concrete Pale Pale Driver

X

Auxiliary lab.

Watchdog.

Store.

Nurse.

Charger.

Juror.

6

Auxiliary Lab

6

6

6

Want_table_body"> Watcher.

Official 3.

Specialist.

Van Driver up to 3,500 Kg.

Manual Molder.

XI

Specialist Peon.

XI

7

Concretes.

Goalkeeper.

Specialist Pawn.

Machine Helper.

XIII

XIII

Common Peon.

Cleaner/a.

Buttons and Pinches 16 through 18 years.

8

Peon.

Cleaning Staff.