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Resolution Of 12 May 1997, Of The General Directorate Of Labour, By Which Registration Is Available In The Registration And Publication Of The General Collective Agreement For Hairdressers, Beauty Institutes, Gyms And Similar.

Original Language Title: Resolución de 12 de mayo de 1997, de la Dirección General de Trabajo, por la que se dispone la inscripción en el Registro y publicación del Convenio Colectivo General para Peluquerías, Institutos de Belleza, Gimnasios y Similares.

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TEXT

Having regard to the text of the General Collective Agreement for Peluqueries, Institutes of Beauty, Gymnastics and Similar (code number 9.910.955), which was signed on 20 March 1997, on the one hand, by the Spanish Federation of Hairdressers and Peluquerias de Senoras and the National Association of Knights Pelluqueries, representing companies in the sector, and the other, by the FES-UGT and AA.DD unions. -CC.OO., representing the labor group affected, and in accordance with the provisions of Article 90 (2) and (3) of the Royal Decree Legislative 1/1995, of 24 March, approving the recast of the Law of the Workers ' Statute, and in Royal Decree 1040/1981, of 22 May, on the registration and deposit of Collective Labour Conventions,

This Work General Address agrees:

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

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

Madrid, May 12, 1997. -Director General, Soledad Cordova Garrido.

GENERAL WORK CONVENTION FOR HAIRDRESSERS,

BEAUTY INSTITUTES, GYMS AND THE LIKE

CHAPTER I

Convention configuration rules

Article 1.

This General Convention is signed:

On one hand: The Spanish Federation of Women's Peluqueries and the National Association of Knights ' Pelluqueries.

And on the other hand: FES-UGT and AA.DD. -CC.OO. union headquarters.

Both parties recognize each other sufficient legitimacy to conclude this Convention.

Article 2. Structure of collective bargaining.

The structure of collective bargaining in the hairdressers, beauty institutes, gyms and the like is defined in accordance with the following substantive levels of Conventions:

1. General Agreement of the Sector: Replaces, in accordance with the provisions of the Interconfederal Agreement on Labor and Labor Regulations signed by CEOE, CESME, UGT and CC.OO. on October 7, 1994, to the Ordinance of Work of the companies dedicated to the barber shop, beauty institutes, gyms and the like, approved by Order of 28 February 1974. Its content refers to the regulation of the general working conditions to be applied in the whole field of the sector and with the validity that the Convention itself establishes.

2. The provisions of this Convention shall have direct effect on all matters except those relating to agreed wage increases, annual working hours, working hours, holidays and the procedure for non-application of the scheme. pay. The latter matters, if not specifically covered by the lower-level collective agreements, shall be governed by the provisions of this General Convention.

It is understood that the references contained in this text relating to the term "Colectivos Colectivos de ambit inferior", refer to both the functional and territorial areas, and all interpreted according to the established in Articles 5 and 6 of this General Convention.

Article 3. Concurrency of Conventions.

Concurrency assumptions of different scopes will be resolved by applying the following principles:

1. Principle of supplementation: In all matters which are of indirect efficacy, the General Convention will act as a substitute for the lower-level collective agreements.

2. Principle of more beneficial conditions: The most favourable conditions for workers established in the lower-level collective agreements, which are considered to be global and annual, must be respected.

In addition, the most beneficial conditions for workers to be recognized in a personal capacity by companies, considered globally and in annual computation, will be respected. Any provision of a higher ranking than this Convention which represents an improvement in the interests of workers, by overall exceeding the agreements of this Convention, shall apply to this General Convention as from its entry into force.

Article 4. Non-application clause.

1. Under the lower-level collective agreements, conditions and procedures will be laid down so that companies may not apply the wage regime set out in them, and it is always necessary for the State Joint Commission to determine the non-application.

2. In the absence of these lower-level collective agreements, companies must apply for non-application of the corresponding wage regime by crediting economic reasons to the Joint Committee of the present Convention. general, which will decide on whether or not the application will come from, as well as on the wage regime and the non-application period.

The maximum period of application shall be two months from the entry into force of the General Collective Agreement or its extensions.

Article 5. Scope of functional application.

This Convention will regulate the working conditions of all companies, whatever the legal form they adopt, the activity of which is:

Hairdressers.

Institutes of beauty.

Manicure, pedicure and hair salons.

Baths, saunas, gyms and the like.

The staff who perform the functions of these activities in Sanatorias, Colleges, Recreation Circles, Hotels, Spa, Public Shows, Clinics, etc., are also included in this Convention. (a) staff are included in other rules or regulations of work which are of general concern to the undertakings on which they are dependent.

Article 6. Area of territorial application.

This Convention applies to the entire territory of the Spanish State and shall also be applied in accordance with the specific rules established in it, to workers employed in Spain for the service of undertakings Spanish abroad.

Article 7. Scope of personal application.

This Convention will affect all workers without exclusions and all employers, whether they are natural or legal persons, including in the functional and territorial scope established in the previous articles.

Article 8. Scope of temporary application.

This General Convention shall enter into force on 1 March 1997, whichever is the date of its publication in the Official Gazette of the State and shall remain in force until 31 December 1997.

Article 9. Complaint and extension.

By way of derogation from the previous article, and in avoidance of the regulatory vacuum that would otherwise occur after the end of its initial term, or of any of its extensions, it will continue to govern, in its entirety, both in its normative content, as in the obligation, until it is replaced by another Convention.

The denunciation of this Convention shall be made at least 20 days in advance of its term or extension. It will have to be formalised in writing and be addressed to all negotiating parties who signed it.

They shall be entitled to make the same representations as have been agreed upon by this Convention, in accordance with Article 87 of the Staff Regulations. Such legitimisation, which will not be assumed, will have to be verified by the complainant party at the time of making the complaint of the Convention.

Article 10. Linking to the whole.

The agreed conditions form a whole organic and indivisible.

For the assumption that any article is wholly or partially declared null, it shall become unenforceable, irrespective of the application of the remainder of the Convention, until the parties to this General Convention give it content in accordance with the law.

CHAPTER II

Getting started, determining and organizing work

Article 11. Income.

For the entry of the personnel covered by this Convention, the provisions of Chapter VIII of this Convention, the lower-level collective agreements and the legislation in force will be in place.

Article 12. Test period.

1. The entry shall be deemed provisional, provided that it is written in writing, until the test period for each professional group has been completed:

Professional Group 0: Six months.

Professional Group I: One month.

Professional Group II: Three months.

Professional Group III: Six months.

During the trial period, both the worker and the company may unilaterally terminate the work contract without notice or compensation. Once the contract is concluded, the contract will have full effect.

2. The Temporary Incapacity (IT) situation that will affect the worker during the trial period, will interrupt the worker's computation, resuming from the date of effective reinstatement to the job.

Article 13. Professional promotion and promotions.

The provision of vacancies for management posts or which implies command shall be of free designation of the employer. However, it may call for competition between the group's employees.

For other workers, companies will establish systems that, among others, may take into account the following circumstances:

Successfully overcome the tests that are proposed to the effect.

Certification.

Knowledge of the job.

Age.

In the development of the basis for the tests, as in the qualification courts, the representation of the workers must be involved.

Article 14. Organisation of work.

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

Article 15. Professional classification.

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

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

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

The classification will not in any case imply that the completion of complementary tasks, which would be essential for positions included in lower professional groups, will not be excluded in the jobs of each professional group.

Article 16. Definition of professional groups.

This article defines the professional groups that group the various tasks and functions that are performed in the functional scope of this Convention, within functional organic divisions that could be:

a) Professionals of the Barber, Beauty, Gyms, Saunas and Similar.

b) Administration, Informatics, and Organization.

c) Commercial.

d) General Services.

The list of organic divisions that antecede has a purely indicative character, being able, according to the size and activity of the company, to vary its denomination and to increase or decrease the number of divisions.

Within the same professional group, so that workers attached to a particular organic division can perform the functions of a job included in a different job, it will be necessary for them to own or receive, in case of lack of it, the specific training that enables them to do so.

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

A. Autonomy:

Factor for which the highest or lowest hierarchical dependency in the performance of the function to be developed should be taken into account.

B. Command:

Factor for which assessment should be taken into account:

Degree of monitoring and ordering of tasks.

Relationship capacity.

Nature of the collective.

Number of people on whom the command is exercised.

C. Responsibility:

Factor for the assessment to be taken into account both the degree of autonomy of the function holder and the degree of influence and importance of the consequences of the management.

D. Knowledge:

Factor for whose assessment it must be taken into account, in addition to the basic training required to be able to properly fulfil the task, the degree of knowledge and experience acquired, as well as the difficulty in acquiring such knowledge or experience.

E. Initiative:

Factor for which the highest or lowest submission to guidelines or rules for the execution of the function should be taken into account.

F. Complexity:

Factor whose valuation will be based on the largest or smaller number, as well as the greater or lesser degree of integration of the various factors listed above in the task or given.

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 has a decisive influence on the assessment of each factor.

Article 17. Professional groups.

Professional Group 0. General criteria. -Workers belonging to this group plan, organize, direct and coordinate the various activities of the company's development. Its functions include the elaboration of the organizational policy, the general approaches to the effective use of human resources and the material aspects, the orientation and the control of the activities of the organization as the established programme, the policy adopted; the establishment and maintenance of productive and support structures and the development of business, financial or commercial policy.

Make decisions or participate in their elaboration. They have senior management or execution positions of the same levels in the departments, divisions, groups, establishments, etc. in which the company is structured and which always respond to the particular ordination of each.

Professional Group 1. General criteria. -areas that are executed according to specific instructions, clearly established, with a high degree of dependence, that require preferably physical effort and/or attention and that do not need specific training and occasionally of a period of adaptation.

Training. -General character, school graduate or certificate of education, or equivalent.

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

Manual tasks.

Elementary operations related to their profession, understood by those who require little training and specific knowledge (head washing, application of creams and masks, etc.).

Tasks for receiving, ordering, and distributing products and materials to the various sections of the company.

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

Cleaning tasks.

Hygiene, disinfection and sterilization tasks of tools and tools.

Auxiliary tasks for the maintenance of machines and technical equipment in gyms and saunas.

Ticket clearance tasks and other operations concerning the box office service in gyms and saunas.

Complementary customer support tasks.

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

Telephone and/or receptionist.

Etcetera.

Professional Group 2. General criteria.-Autonomous execution works that require, usually, initiative and reasoning by the workers responsible for their execution, behaving, under supervision, the responsibility of the same, being able to be helped by another or other workers.

Training-Training at the level of the Graduate School or Vocational Training 1, supplemented by specific training in the workplace.

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

Changes of color in the hair.

Hair cutting, shaving and shaving of beard and moustache and complementary techniques.

Temporary or permanent change in the shape of the hair, comb it and collect it according to the selected style.

Apply manicure, pedicure, sculpture, and nail prosthesis application techniques. Perform specific aesthetic treatments at the hands and feet.

Application of cosmetological and capillary treatments, without intervening in their diagnosis.

Use of complex devices for the performance of all types of treatments, such as laser beam, microvisors, vaporizers, etc.

Removal of hair by mechanical procedures or decolorization to camouflage it.

Apply aesthetics techniques to facial and body hygiene.

Apply tailored makeup to the client and the circumstances in which it will look.

Perform sales operations of cosmetic products, utensils and appliances in hair, beauty and related services and the provision of services in the field of personal aesthetics.

Tailoring of all kinds of hair prostheses without intervening in the diagnosis and design of the same.

Application of all kinds of massages in gyms and saunas.

Relief tasks necessary to avoid accidents in bathroom facilities.

Preparing and caring for toilets and saunas.

Auxiliary tasks to theoretical-practical teaching in gyms and saunas.

Staff dedicated to the commissioning and maintenance of all kinds of machines and technical equipment in gyms and saunas.

Telex or facsimile equipment operation tasks.

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

Computer Operator.

Drafting of commercial correspondence, calculation of prices, processing of orders and proposals for defence.

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

Etcetera.

Professional Group 3. General criteria. -Functions that assume full responsibility for the management of one or more functional areas of the company, based on very broad general guidelines directly emanating from personnel belonging to the professional group 0, or of the company itself, according to the size of the company, to which they must account for its management.

Functions that involve performing technical tasks of higher complexity, and even participation in the definition of the concrete objectives to be achieved in their field, with very high degree of autonomy, initiative and responsibility for that technical specialty.

Training. -A level of ESO, Technical in Hairdressing or Decorative Personal Aesthetics and their equivalents in FP 2.

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

Technical-artistic direction of the salon.

Diagnosis of capillary alterations with indication of aesthetic treatments for the application of hair hygiene techniques.

Diagnosis and design for the performance of the various hair prostheses.

Diagnosis and indication of aesthetic treatment, specific to hands and feet.

Design for the application of facial and body makeup of fantasy, optimizing the conditions of safety and hygiene.

Finished and collected hairstyles.

Control the promotional action to optimize sales and achieve the intended goals.

Tasks that consist of the direct command exercise at the head of a set of operators.

Direction and theoretical-practical teaching in gyms and saunas.

Tasks of translation, correspondent, taquimecanography and attention of personal communications with sufficient domain of a foreign language and high confidentiality.

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

Computer application analysis functions.

Procurement management tasks, with authority over the final decision within a budget and a pre-set general rule.

Inspection, monitoring, or management tasks for the sales network.

Etcetera.

Article 18. Mode of operation for the implementation of the professional classification.

In the management of the process of adapting existing professional structures to the new ones created in the present Convention, the participation of workers and entrepreneurs through their representatives is necessary. the legal and the organisations which have signed the Convention.

In order to make such participation effective, mutual collaboration between the parties to this Convention, in the lower areas, is necessary.

The following mode of operation is set:

1. The employers ' and trade union organisations which are signatories to this Convention in the lower areas may issue by mutual agreement instructions which, in any event, shall be in accordance with the provisions of the General Labour Convention. for Peluqueries, Institutes of Beauty, Gymnastics and Similar.

2. The undertakings shall, in application of this agreement and the instructions referred to in the preceding paragraph, adapt the template to the new professional structure.

3. The Joint Committee of the present Convention has exclusive competence in the interpretation of the provisions of this Title. However, in the event that there were differences between the two parties and the mutual agreement, they would be able to refer to the Joint Committee of the respective lower-level collective agreements, so that it could be settled by the the mediation or arbitration of the differences.

The decisions of the Commission will have to be ratified by the State Joint Commission.

Article 19. Individual guarantee.

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

This is without prejudice to the provisions of Article 28 of this Convention.

Article 20. Equivalences.

In the meantime, a table of equivalences that allows the Social Security to be listed according to the classification by the present professional groups will not be legally available, the same will coexist with the professional categories agreed in the lower-level agreements for the purposes of such a contribution and, possibly, for the correct application of the wage increases provided for in this General Convention and in the respective lower-level collective agreements.

Article 21. Work in a different professional group.

The company may, for technical or organizational reasons, entrust the worker with the functions of a professional group other than his own, reintegrating into his old job at the end of the cause of the change.

The assignment of work to a higher professional group may not exceed six months for one year or eight for two years, without prejudice to the provisions of the lower-level Conventions on the promotion of the same, and except in cases where the reason for the business decision is the replacement by military service, conscientious objection or temporary incapacity. The remuneration, as long as these functions of higher professional group are developed, will be the same.

In the event that the worker is entrusted with the functions of a lower professional group, motivated by the necessary or unforeseeable needs of the business, the situation will be maintained for the time being essential, which in no case will be able to exceed three months, while retaining, in any event, the economic remuneration corresponding to the professional group of origin, unless the situation arises from the worker's own application. In the case of a worker being assigned to a lower group, the company must communicate such a decision to the employees ' representatives.

Article 22. Template.

Companies covered by this Convention, within three months of the date of their publication in the "Official State Gazette", shall be formalized by each working centre, staff and staff members. by professional groups, specifying:

The name of the worker.

Social Security worker membership number.

Professional Group or Listing Group.

Center or job centers where you provide your services.

Address of the above mentioned center or job centers.

Date of entry into the company or high in Social Security.

Such templates, once made up, will be delivered to the workers ' representatives, and will be displayed in all the job centers for verification. If there is any complaint, the company may be written in writing and the decision of the company may be requested through the mediation or arbitration of the Joint Committee.

CHAPTER III

Day, rest and holidays

Article 23. Day.

The working day will be one thousand eight hundred hours a year.

The worker will remain in the establishment and will attend to those customers who have entered before the closing time, without this obligation being able to exceed forty-five minutes.

Article 24. Schedule.

The distribution of the working day will be that established in the Collective Agreements of lower scope, or in its absence, in the agreements of the company.

In any case, the minimum rest of twelve hours between the end of one day and the beginning of the next one shall be respected.

As a general rule, the weekly minimum rest will comprise Saturday afternoon, or, if applicable, Monday morning and Sunday's full day.

Article 25. Holidays.

The period or periods of paid annual leave, not substitutable for economic compensation, shall be the one agreed upon in the respective lower-level collective agreements. In any case, its duration will never be less than thirty calendar days, and the holiday calendar should be made during the first quarter of the year, exposing itself to the bulletin board.

CHAPTER IV

Licenses and Exceeds

Article 26. Licenses.

The worker, upon notice and justification, may be absent from work entitled to remuneration for any of the reasons and for the following time:

a) Fifteen calendar days in case of marriage.

b) Two days in cases of child birth, serious illness or death of relatives to the second degree. Where, for these reasons, the worker needs to make some movement, these periods may be extended up to four days.

c) One day per usual home move.

d) For the time indispensable for the fulfillment of an inexcusable duty of public and personal character, the reasons and circumstances of the same must be verified by the same.

e) Workers, who are breastfeeding for a child under the age of nine months, shall be entitled to an hour of absence from work, which may be divided into two fractions. The woman, by her will, will be able to substitute this right for a reduction of the normal working day in half an hour for the same purpose. This permit may be enjoyed either by the mother or by the father in case both work.

Article 27. Surplus.

Excesses may be voluntary or forced.

Workers with an age of at least one year will be able to apply for leave on a voluntary basis. The application shall be made in writing, with the expression of the reasons.

The time of excess shall not be less than two years and not more than five years.

The surplus worker retains the right to return to the vacancies of equal or similar category as there would be or were produced in the company, to which effect it will have to apply during the period within the month following the cessation of the leave.

To qualify for another voluntary leave, the worker must meet a new period of at least four years of effective service at the company.

Maternal or parental leave is regulated in accordance with Laws 1/1994 of 20 June and 42/1994 of 31 December.

Forced leave will entitle you to the retention of the job and to the calculation of the seniority during its term and will be granted to the worker in whom the following circumstance is present: Appointment for public office is to be made by designation or choice.

Terminated this period, the worker must apply for reinstatement within the maximum period of thirty calendar days from the end of the job or function.

CHAPTER V

Economic Regime

Article 28. Wage structure.

The following concepts will be considered for salary:

Base salary: It is the remuneration fixed exclusively for the unit of time, which will be determined by the collective agreements of lower scope. In the absence of a pact, the tables annexed to this Convention shall be the same according to the professional group to which the worker belongs.

The base salary will be collected in twelve monthly payments and two extraordinary payments (June and December).

Salary Supplements: These are the amounts that, if any, will be added to the base salary, taking into account different circumstances of the unit of time, such as personal, job or quality at work.

In any case, they will be considered non-consolidated in the salary of the worker and those of quality at work.

They will not have the consideration of salary for extranalarial perceptions: They are the amounts of compensation of expenses incurred to the worker as a result of the provision of their work, which will not be part of no case of the basis of contribution to social security.

For the purposes of this Convention, a plus extranalarial of locomotion is established, for all professional groups, according to the days effectively worked.

It will be set to the attached tables.

Extraordinary hours: Non-structural overtime is prohibited. In the event of overtime, they shall be compensated for equivalent time off, unless otherwise agreed.

Article 29. Economic promotion.

This General Convention does not include in its salary structure the seniority supplement.

As of 1 March 1997, in the companies affected by this General Collective Agreement, the following shall be operated in order to adapt the provisions of the preceding paragraph:

First. -Workers hired as of March 1, 1997 will not generate periodic increases for the concept of seniority.

Second. -Those workers who have generated periodic increases for years of service before 1 March 1997 will see these amounts consolidated as a salary supplement (Plus Convention), which will be In 1997 and 1998, under the same amount as the base salary increases in the lower-level collective agreements, the objective of the revision is to be revised. In the absence of a collective agreement at a lower level, the amount of the revision for these purposes will be that of applying the final CPI to 31 December 1997 and 31 December 1998, which will be reduced in both cases. in 0.5 points. As from 1 January 1999, they will not be subject to a wage revision.

Third. For the purposes of the second subparagraph, the determination of the total amount corresponding to the Plus Convention shall also cover the rights under acquisition in the corresponding temporary tranche.

CHAPTER VI

Safety and hygiene at work

Article 30. Prevention of occupational risks.

The provisions of Law 31/1995, of 8 November, of Prevention of Labor Risks and Development Provisions will be in place.

CHAPTER VII

Social character enhancements

Article 31.

In the case of accidents at work, the worker will receive the company up to 100 per 100 of the real salary, from the first day.

CHAPTER VIII

Hiring

Article 32. Definitions and nature of contracts.

By reason of the permanence at the service of the company the workers will be classified in:

Fixed.

Interinos.

Temporary.

1. They are fixed workers who are linked to the company under a contract of employment concluded for an indefinite period of time in a written or written form.

2. They are the interim workers who replace a worker during his absence due to illness (IT), military service, replacement social benefit and others of a similar nature, which require the company to reserve its place of absence.

3. Temporary workers are those linked to the undertaking by a contract of a fixed duration of a cyclical, structural or formative nature.

The contracts concluded in accordance with the provisions of Article 15.1.b of the Staff Regulations and Articles 1 (b) and 3 of Royal Decree 2546/94 shall have a maximum duration of 12 months within a period of eighteen months.

CHAPTER IX

Disciplinary regime

Article 33. Minor fouls.

They will be minor faults:

1. The failure of any service to be neglected, deficiencies or delay, provided that the client does not make a claim.

2. Three errors of punctuality in the attendance at work during the period of one month, inferior in its entirety to thirty minutes, and provided that these delays do not result in serious damages for the service.

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

4. The little ones neglected in the preservation of the material.

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

6. Discussions with colleagues, as long as they are not in the presence of the public or during the service.

7. Missing work without proper authorization or cause, provided it is not on Friday, Saturday or eve of the holiday.

8. Do not communicate with the punctuality due the variations of situation for the purposes of the Social Security that must be brought to the knowledge of the enterprises. The malicious misconduct of these acts shall be deemed to be serious.

Article 34. Serious fouls.

Serious faults are considered:

1. More than three faults of punctuality in non-justified and committed work in the period of one month.

2. To be absent for two days at work without cause or one of the days mentioned in the previous article.

3. Leave the job without the employer's permission, even if for a short time.

4. The lack of toilet and cleaning required by the company in the establishment.

5. The simulation of illness or accident.

6. Disobedience to superiors that does not imply great bankruptcy at work.

7. Negligence or neglect in the service that produces justified customer claim.

8. Important neglect in the preservation of the material or articles of the establishment.

9. The lack of respect or consideration for the public.

10. Molestas discussions with peers in front of the public.

11. The recidivism in minor faults, although of different nature, within a trimester and having mediated admonition.

Article 35. Very serious fouls.

Very serious faults will be considered:

1. More than 10 absences from work attendance unjustifiably over a period of six months or 20 for a year.

2. Drunkenness during or out of service, provided that in this second case it was common.

3. The lack of grooming and cleanliness that produces repeated customer complaints.

4. Self-employment or for another company, without written authorization of the one to which it belongs.

5. Theft, theft or embezzlement.

6. The mistreatment of words and deeds, abuse of authority, lack of respect and consideration of the bosses or their relatives, as well as the companions, subordinates and clients.

7. The usual profanity.

8. The voluntary and continuous decrease in the normal performance of the work.

9. The frequent scuffles and pendences with the co-workers.

10. The recurrence of serious misconduct, even if they are of a different nature, provided that they are committed within a period of six months.

Article 36. Sanctions.

The maximum penalties that may be imposed on those who incur some of the above are the following:

For minor faults:

Verbal admonition.

Admonition in writing.

For severe faults:

Suspension of employment and salary of three to 15 days.

For very serious faults:

Suspension of employment and salary from twenty to thirty days.

Dismissal with loss of all rights in the company.

Article 37. Prescription.

Minor faults will be prescribed at ten days, the serious ones, at twenty days, and the very serious ones, at the age of 60 days, from the date on which the company became aware of its commission and, in any case, six months after the task.

Article 38. Penalties for companies.

It will be in accordance with current legislation and implementing rules.

Article 39. Mediation and arbitration.

The parties to this General Convention adhere to the agreement for the out-of-court settlement of labour disputes (ASEC), signed between CEOE, CESME, UGT and CC.OO.

Article 40. Continuing Vocational Training.

The parties to this General Convention, aware of the importance of vocational training, which is necessary for the competitiveness of enterprises and the professional development of workers, assume the content of the Second National Agreement on Continuing Training concluded between CEOE, CESME, UGT, CC.OO. and IGC.

Article 41. Joint Committee.

A Joint Commission composed of twelve members is created, with six being appointed by the business organisations and six by the signatory trade union organisations, with the following functions:

1. Monitoring and monitoring compliance with this Convention.

2. Interpretation of the rules and provisions contained therein.

3. Resolution on the origin or non-application of the non-application of the wage regime presented in time and form.

4. Resolution of the discrepancies raised by the application of the professional classification laid down in this Convention.

5. How many others are derived from the rules and provisions laid down in this Convention.

ANNEX I

Salary day

-

Pesetas/Paga June

-

Pesetas/Paga December

-

Pesetas/Total year

-

Pesetas

Group 0 (under contract)/-/-/-/-

Group 1 (under 18 years)/1.971/59.130/59.130/837,675

Group 1 (older 18 years)/2.221/66.630/66.630/943,925

Group 2/2.248/67,440/67,440/955,400

Group 3/2.283/68,490/68,490/970.275

Plus of locomotion, 65 pesetas per day effectively worked.

ANNEX II

Adequacy of the professional classification

The parties to this General Collective Agreement undertake to promote the transformation of the professional categories existing in the Ordinance and the respective Collective Collective Agreements. (a) lower in force by the professional groups established therein, in order to comply with the provisions laid down in Articles 15 et seq. of the General Collective Convention.

For this reason, they agree to draw up the following Annex of the Adequation as a clarifying instrument for the implementation of the professional groups included in the General Collective Agreement.

Group I:

Manicure, Pedicure and Depilator.

Bartender or Cabin de Cabina.

Tapillera.

Fogonero-Assistant.

Auxiliary. Receptionist.

Telephone.

Ordinance.

Cleaner.

Shoe Shine.

Buttons.

Pawn.

Apprentice.

Under eighteen years.

Group II:

First Officer.

Second Officer.

Third Officer.

beautician.

Helper or Help.

Massage.

Banero rescua.

Machinist.

Gymnastics monitor.

Cashier.

Sellers.

Group III:

Senior Officer.

Special Officer.

Professor of beauty and Estetician.

Beautician or Specialist in beauty treatments.

In charge of bathrooms.

Salon manager.

Professor of swimming.

Gym manager.

Professor of gymnastics.

Head of administration.

Head of Sales.