Having regard to the text of the State-wide Collective Agreement for Insurance, Reinsurance and Mutual Insurance Entities (code number 9904625), which was signed on 23 December 1996, on the one hand, Business Associations Unespa, Amat (Association of Work Accidents Mutuals) and Asecore (Association of Insurance Brokers), representing companies in the sector, and from another, by the Union Central Trade Unions UGT and CC.OO., representing the working group concerned, and in accordance with Article 90 (2) and (3), of the Royal Decree of Law 1/1995 of 24 March, approving the recast text 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 Directorate General for Work and Migration 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, January 16, 1997. -Director General, Soledad Cordova Garrido.

PREAMBLE

This Collective Agreement, the result of a broad and laborious negotiating process initiated four years ago for the necessary replacement of the Insurance Business Ordinance of 1970, culminating in this way negotiated, it is a faithful reflection of the will and autonomy of the parties to shape a new framework of industrial relations of the companies and workers included in their field.

The signatory parties have aimed to adapt adequately the current and foreseeable future social, economic, legal and industrial relations characteristics of the Sectorador and Mutual Work Accidents Sector. Social Security Professional Diseases to a new regulatory framework for working conditions and working conditions that satisfies the present and future interests of both parties, employers and workers, thus setting up a model that will have to be durable in time, introducing us into the 21st century.

The necessary processes of harmonization and approval with the European framework have been related to link with the future in multiple subjects.

Each and every topic that configures the new system of labor relations in the Sector: Organization of Labor is thoroughly regulated. Professional classification system. Vocational training. Geographical mobility. Remuneration system. Working time. Surplus. Social provision. Legal order of faults and sanctions. Safety and health at work. Union rights and collective representation rights. Employment policy. Joint Committee on the Convention.

The General Convention arises from the legal effectiveness and force of binding "erga omnes" which the Constitution and the Law confer on it, and with such a character the uniform regulation of the basic working conditions for all companies included in their scope of application. The usual state level in the business practice of the sector remains consistent with the generalized state structure of the Insurance and Mutual Entities of Work Accidents.

On these premises, through the articulation of collective bargaining that permits the Workers ' Statute, the guidelines and criteria are established on the basis of which the structure of the negotiations is fixed. This is the case for collective bargaining in the sector and its business-level referrals, laying down rules that will resolve possible conflicts of competition. There are also areas for the development of collective bargaining at the Autonomous Community level.

In the General Convention the principles and basic constitutional rights are reflected, having been the object of particular concern of the parties to safeguard the principle of equality and non-discrimination in the labour relations, with specific regulations in various of its precepts and special reference to the right to equality and non-discrimination on the basis of the sixth or the nature of the employment contract.

The aim of this Convention is to encourage the development of professionalism in the sector, in order to create the necessary instruments to promote vocational training and qualifications on a universal basis. as well as the professional experience, with the consideration that these factors, with the appropriate recognition and compensation, contribute to the dynamization of the professional career in the company.

The General Convention considers the rights of participation of workers on the basis of balanced relations, with mutual recognition and acceptance of the existence of parties with legitimacy and capacity negotiating within the sector, incorporating a new culture of dialogue.

Finally, understanding the norm not only in its static facet, mechanisms and systems are foreseen to carry out a constructive application of the General Convention, accompanied by the norm to real life, in the will of the parties that these objectives and new culture are transmitted to the various levels of application of the Convention.

CHAPTER I

General provisions

Article 1. Functional scope and application personnel.

This General Convention shall apply to the employment relations of the Insurance and Reinsurance Entities, as well as the Reinsurance Brokers and the Mutual Insurance and Occupational Diseases of the Social Security, all defined in accordance with its specific legislation.

Exclusions:

1. This General Convention shall not apply to the activities and relations covered by any of the cases referred to in Article 1 (3) of the Law on the Statute of Workers, recast text approved by Royal Decree Legislative 1/1995 of 24 March (TRET).

2. The relations referred to in Article 2 of the TRET are also excluded from the application of this Convention and the following persons and activities are expressly provided:

(a) Private insurance intermediaries and their auxiliaries, whatever the denomination or legal form of each other, subject to the Private Insurance Mediation Act, Law 9/1992 of April 30, as well as the employees who they could have them at their service.

b) Commercial mediation activity which, under the Private Insurance Mediation Act, may be developed by the employees of the Insurance Entities in favour of the company on which they depend, and the compensation which could be derived from it.

(c) Persons or activities related to undertakings falling within the scope of this Convention for the provision of services of a commercial or civil nature, such as, inter alia, expert experts of insurance, commissars and liquidators of breakdowns or collectors.

(d) Persons performing senior management and responsibility functions, such as members of the Board of Directors, Chief Executive Officers, Managing Directors, General Secretaries or similar positions, unless they are it has been agreed with the undertaking that the present General Convention is applicable to them.

Article 2. Territorial scope.

This Convention shall apply throughout the territory of the Spanish State.

Article 3. Temporary scope.

1. Duration: The general duration of this Convention shall be three years, from 1 January 1996 to 31 December 1998, with the specific benefits and benefits laid down for the matters specified in the relevant rules and transitional arrangements.

2. Validity: This Convention shall enter into force on the twentieth day of its publication in the "Official Gazette of the State", and shall remain in force until 31 December 1998, except in those matters for which it is valid. and without prejudice to the provisions of its transitional provisions.

3. Extension and complaints: At the end of the period of validity provided for in the preceding paragraph, the General Convention shall be deemed to be extended from year to year if it is not reported, with the formalities required by Article 89 of the Staff Regulations, for those who are entitled to negotiate under Article 87 of the Staff Regulations.

The denunciation, in the terms expressed, shall be produced at least three months before the date of its normal maturity or any of its extensions.

Denounced the Convention and until no express agreement is reached, for the purposes provided for in article 86.3 and 4 of the Workers ' Statute, it will be understood that the validity of its normative content is maintained in the terms that divested from their own regulation.

Article 4. Compensation, absorption and more beneficial conditions.

1. The remuneration and conditions laid down in this General Convention, which are valued as a whole and in annual accounts, may compensate, as far as they are concerned, for the remuneration and improvements which the minima would at present satisfy. companies, whatever the reason, denomination, form or nature of such remuneration and improvements, also valued as a whole and annual calculation, unless they have expressly been qualified as inabsorbable.

2. The conditions resulting from this Convention are absorbable as far as they reach, by any other than by legal, regulatory, conventional or action, they can be established in the future and in their entirety and annual computation exceed those.

3. Those undertakings which have established improvements to their employees, who have been examined as a whole and annual accounts exceed those resulting from the application of this Convention, shall be obliged to comply with them in that set and annual calculation, This means that it is not the same as the compensation or absorption that could have taken place.

Article 5. Linking to the whole.

The terms of this General Convention form an organic and indivisible whole and, for the purposes of its application, will be considered as a whole, assuming the parties ' compliance with the whole of the same.

In the event that the employment authority or jurisdiction, in use of its own powers, does not approve or resolve to leave any of the clauses of this Convention without effect, it shall be reviewed and reconsidered. in its entirety if any of the parties so require, expressly.

Article 6. Regulatory coordination.

The Staff Regulations and other general provisions applicable to the provisions of this Convention shall not apply to the provisions of this Convention.

Article 7. Joint negotiation and competition issues in the areas of the Autonomous Communities.

1. In the development of Articles 83 and 84 of the TRET, the following guidelines or criteria are set out on the basis of which the structure of collective bargaining in the sector is fixed, as well as the rules that will resolve any conflicts of concurrency and the principles of complementarity of the procurement units.

2. For the purposes referred to in the preceding paragraph, as a general rule, the matters contained in this General Convention have the character of the minimum rule of law necessary, except in those in which there is reference to other areas of negotiation. In these cases, the nature, content and extent to which the referral is intended must be included.

3. In those matters in which it is expressly established, this Convention shall have the exclusive and exclusive character, in the attention of its singular nature. In any case they have this consideration of non-negotiable subjects in the lower areas, the probationary period, the professional groups, the legal classification of faults and sanctions, the minimum standards in the field of safety and health at work and geographical mobility.

4. Competition issues in the areas of the Autonomous Communities. Within the framework of the employment framework laid down in the Staff Regulations and in this Convention, the undersigned organisations consider to be of interest the development which, in the fields covered by this heading, may be carried out in the matters relating to the work schedule, language and use of the autonomic systems for the out-of-court settlement of labour disputes.

Article 8. Administration of the General Convention.

In the light of the new model of industrial relations established in this General Convention, the parties consider the correct interpretation and application of this agreement as particularly important. To this end, the work to be carried out by the Joint Joint Committee set up under Chapter XIV, with the powers and powers set out therein, shall be directed towards achieving the greatest possible homogeneity in the application of the Convention and the use of the possibilities opened in the same way.

CHAPTER II

Organization of work, productivity, quality and efficiency

Article 9. Organisation of work.

1. The organization of the work, in accordance with the provisions of this Convention and in accordance with the legislation in force, is the faculty of the company's management.

The organization of work is aimed at achieving optimum levels of productivity, efficiency, quality and working conditions in companies in the sector.

The achievement of these goals is made possible on the basis of an active and responsible attitude of the members: Directorate and workers.

Work organisation systems and their modifications will be complemented, for their effectiveness, with appropriate training policies.

2. Where two or more undertakings affected by this Convention are organised in such a way as to ensure that the majority of their services are unified in common premises and with the obligation of staff to perform functions without distinction to any of them, ensure the same rights and obligations for all staff, on the most beneficial basis, as a whole, and annual computation, while retaining each undertaking its own legal personality.

Article 10. Productivity, quality and efficiency.

The undersigned organizations of this Convention agree on the need for a general improvement in the effectiveness of the production system, on the basis of the following extremes and criteria, to be considered, if any:

a) Objectives to be achieved:

To increase competitiveness, profitability of companies and quality in service delivery.

Optimize productive capacity in accordance with market guidance.

b) Key factors affecting productivity: Investment policy.

The rationalization of the productive organization.

The technological improvement.

Permanent training.

The business programming of production and productivity.

The climate and the situation of industrial relations.

The conditions and quality of life at work.

The wage policy.

The qualification and adaptation of the workforce.

The absenteeism.

c) Instruments and criteria to consider, among others:

Negotiation of issues related to productivity.

Setting up productivity measurement systems.

Establishment, with the participation of workers ' representatives, of the level of productivity index that will be considered as normal, or base period for comparisons.

Participation of workers ' representatives in the monitoring of productivity measurements.

Establishment of guarantees about the distribution of profitability improvements obtained by productivity gains, applying them to the restoration and/or increase of the business surplus, investments that create jobs labour and wage incentives linked to improved productivity.

d) Criteria for the implementation of any plans to improve productivity and quality:

Prior information to workers ' representatives.

That such plans do not discriminate against workers over others.

Setting test and adaptation periods.

CHAPTER III

Professional Classification System

SECTION 1 PRINCIPLES AND BASICS

Article 11. General principles.

1. For the purposes of this Convention, a system of professional classification means the legal arrangement whereby, on a technical and organisational basis, the inclusion of workers in a general framework laid down by the various job duties in the companies affected by this Convention.

This legal order is translated into the delimitation of the different knowledge, criteria, tasks and functions in which the provision is structured, serving at the same time for the consequent fixation of the economic consideration and other effects of the employment contract.

2. The system of professional classification laid down in this Convention replaces the system governed by the legal rules so far in force. It also contributes to the active policies which aim to promote and promote the achievement of a reasonable correspondence between the organisation of the work of enterprises and technical and organisational changes, as well as the workers, starting from a more dynamic and relevant function of the human factor.

Therefore, the present system of professional classification aims to facilitate the management of human resources in companies as well as the professional development of workers, considering that between both actions a positive correspondence has to be achieved.

3. Workers of undertakings falling within the scope of this Convention shall be classified in accordance with the professional activities agreed and/or, where appropriate, implemented and the rules laid down in this classification system. professional, according to which those should be defined.

4. In general, the worker will carry out the tasks of his professional group, as well as additional tasks and/or auxiliary tasks that integrate the entire process of which they are part.

5. When performing, usually and within the conditions laid down in this Convention, functions of two or more professional groups, the classification shall be carried out by virtue of the most relevant functions to which, within the set of (a) the activity of the undertaking concerned, without prejudice to the provisions of paragraph 4 above.

6. The employment contract shall be agreed between the worker and the employer in respect of the content of the labour supply which is the subject of the contract and his correspondence with the present professional classification system.

7. Based on the new system of professional classification, this Convention regulates the way in which functional mobility and its various assumptions are carried out.

8. The new system of classification requires the full collaboration of active policies of training and dynamic processes in the promotion, which will entail a greater amplitude in the professional expectations.

9. All this with the aim of consolidating and increasing the professionalization and development of the human factor in the companies of the sector, in the interest of a permanent improvement of the internal quality and in the delivery of the service.

Article 12. Basic aspects for classification.

1. Professional group: For the purposes of this Convention and in accordance with Article 22.2 of the TRET, it is understood by a professional group that the professional skills, qualifications and general content of the benefit are untied together.

2. Elements that define the professional groups:

2.1 Professional aptitude is the result of the overall weighting of the following factors:

a) Knowledge.

b) Initiative/autonomy.

c) Complexity.

d) Responsibility.

e) Address capacity.

In your case, the capacity of the team will be weighted as well.

The degree to which the factors above are developed will determine the level of remuneration as regulated in Chapter VI.

2.2 Titulations.

2.3 The general content of the benefit refers to the professional activities carried out by the employees in the undertakings affected by this Convention and are grouped for operational purposes in two areas professionals:

1. Insurance. Specialised technical management activities and management activities in services of a general nature.

2. Health.

3. Professional classification system.

3.1 The inclusion of the worker within each professional group will be the result of belonging to one of the aforementioned areas, of the qualifications, if any, required and of the overall weighting of the aforementioned factors.

3.2 The system of professional classification is integrated by the following professional groups, mainly on the basis of the provisions of Article 22 of the Workers ' Statute, with the contents that are later indicate (general criteria, training, tasks).

Group 0.

Group I.

Group II.

Group III.

Group IV.

SECTION 2. INSURANCE AREA

Article 13. Legal status of professional groups in the insurance area. Description.

1. Professional Group 0

Belong to this professional group those positions which, depending on the company's management, participate in the elaboration of the policies and guidelines of the same, being the responsibility of their correct application policies in their respective field of action.

2. Professional Group I

General Criteria: Workers belonging to this professional group count for the performance of their tasks with their own autonomy and responsibility for the scope or unit of work that has been entrusted to them.

Such a performance translates into the realization of tasks related to research, study, analysis, advice, planning, evaluation and forecasting or other of the same nature, or of organization and control of the processes (a) the work to be carried out and, where appropriate, the workers to be carried out, as well as their motivation, integration and training.

Training: Technical and specialized knowledge and/or minimum training equivalent to middle grade university degree.

Tasks: Examples. This professional group includes, as a statement, the following activities, as well as other similar activities:

Elaboration of technotes.

Calculating rates on new products.

Technical audit jobs.

Market analysis and research.

Legal advice.

Systems Analysis.

Organization studies and methods.

Health care and prevention.

Prevention, inspection and risk assessment.

Evaluation and analysis of financial investments.

Selection and training of staff.

Technical assistance of facilities and communications.

Remuneration levels: For the purposes of remuneration, they are distributed at levels 1, 2 and 3 (Annex I-Table 1).

The transposition of remuneration of the former categories at the level of remuneration of this professional group is set out in Annex I-Table 2.

3. Professional Group II

General criteria: Workers belonging to this professional group count for the performance of their tasks with a certain degree of autonomy to execute or perform tasks in the field of their competence, as well as to proceed to the resolution of technical or practical problems peculiar to its field of action. They should follow these rules, guidelines or ordinary procedures for the use of the company.

Training: Unique knowledge of functions, tasks and operations, with a minimum level of training corresponding to the old elementary grade (BUP, FP 2 or similar), or their equivalents according to the LOGSE.

Tasks: Examples. The following activities are included in this professional group, as well as those other similar activities:

Technical or legal advice for initiating or supporting group I staff under supervision.

Assessment, assessment, processing and settlement of claims.

Estimation and pricing of risks and elaboration of the projects that the same ones behave.

Review and coding of insurance applications and proposals and policy issuance.

Programming, preparation, verification and operation on computer systems.

Inspection, organization and commercial production.

Completion of payments and income transactions and cash provisions.

Performing accounting tasks such as account processing and tracking and balances checks.

Managing and managing co-insurance and reinsurance contracts.

Coordination and accountability for general services tasks that are part of those listed in the examples of the professional group III, such as general services, surveillance, goalkeeping and reception; reception, distribution and departure of mail and office equipment; cleaning, errands or simple orders; external administrative procedures, etc.

Staff, organizational, and methods administrative work, and in general, how many functions are composed of the company's ordinary processes.

Remuneration levels: For the purposes of remuneration, they are distributed at levels 4, 5 and 6 (Annex I-Table 1).

The transposition of the remuneration of the old categories into the remuneration levels of this professional group is set out in Annex I-Table 2.

4. Professional Group III

General Criteria: Workers belonging to this group are subject to the follow up of detailed instructions for the performance of their tasks consisting of basic, simple, repetitive, instrumental operations, mechanical or automatic, supporting or complementary.

Training: Basic knowledge or some specialization or instrumental skill.

Tasks: Examples. This professional group includes, as a statement, the following activities, as well as other similar activities:

Driving vehicles.

Handling machines such as printing, copying, cutting or separating paper or communication elements (telephony, public address and fax, etc.).

Surveillance, goal and reception.

Storage, file, packaging, and object transport services.

Recados or simple orders.

Cleaning.

Maintenance of machinery and facilities.

Receiving, distributing and outgoing mail and office supplies.

Transcript of data and texts.

Introduction of data in mechanized systems.

Out-of-office collections.

Remuneration levels: For the purposes of remuneration, they are distributed at levels 7 and 8 (Annex I-Table 1).

The transposition of remuneration of the former categories at the level of remuneration of this professional group is set out in Annex I-Table 2.

5. Professional Group IV

General criteria: This will include those workers who, lacking experience and specific preparation for the sector, are employed by companies in order to carry out the tasks that are later specify.

This figure is exclusively prevented for new recruitment staff in the company, setting itself up as an instrument for promoting employment policies, preferably youth, development enhancer and promotion professional in the sector.

After the time of stay in this professional group, which in no case can exceed the three-year period, the subsequent post which, if necessary, will be made to the professional group that corresponds to the established professional classification system and rules on promotions and promotions.

Training: The workers included in this group will receive in the course of the first two years of stay, within the working day, a training of a minimum of thirty additional hours on the one established with universal character in Article 28 of this Convention. This training will deal with the basic elements for knowledge of the insurance sector.

The training plan of each company will take into account the training development of the integrated personnel in this group.

Tasks: Basic instrumental tasks and/or support to the other professional groups and introduction to the activities of the company. Also, how many auxiliary initiation activities contribute to the acquisition of the necessary practical and training knowledge for the performance of a more qualified job.

Remuneration levels: For the purpose of remuneration, according to the year of permanence, levels 9 and 10 are included (Annex I-Table 1).

In general, the stay of three years in the present professional group implies the assignment of the salary level 10 for the first two years, and the salary level 9 for the third year of permanence, if any.

If the qualifying qualifications of the recruitment are those of vocational training of a medium or higher degree or officially recognised as equivalent, the maximum length of stay will be two years, corresponding to the first year of the Salary level 10, and the second level of remuneration 9.

As an exception: When the object of the hiring is the development of the knowledge of a university degree, higher or middle grade, the professional classification will be carried out in the professional group for those tasks, the remuneration level determined by the specific provisions, if any, of the contractual modality used, in relation to the professional group's own remuneration levels.

SECTION 3. HEALTHCARE AREA OF CARE CENTER STAFF

AND HOSPITALS OF THE MATEPSS

Article 14. Legal status of the occupational groups in the health area. Description.

These groups comprise all the personnel described in this Convention belonging to the care and hospital centers of the MATEPSS, which has the specific objective of health care and safety activities and health at work.

In general, the required qualifications for each job and the regulation of the job establish the limits to functional mobility according to the recast text of the Workers ' Statute.

1. Professional Group 0

Belong to this professional group those positions which, depending on the company's management, pertician in the elaboration of the policies and guidelines of the same, being the responsibility of the correct application of the said policies in their respective field of action.

2. Professional Group I. Senior graduates

This professional group consists of those positions for the performance of which are carried out activities that legally require the corresponding university degree of higher degree, and for whose performance they have responsibility and supervision in the area or unit of work entrusted to them.

Remuneration levels: For the purposes of remuneration, they are distributed at levels 1, 2 and 3 (Annex I-Table 1).

The transposition of remuneration of the former categories at the level of remuneration of this professional group is set out in Annex I-Table 3.

3. Professional group II. Middle Grade and assimilated graduates

This professional group consists of those posts for whose performance activities are carried out that legally require the corresponding university degree of middle grade, or those that are not legally enforceable. qualifications, require equivalent technical knowledge and qualified experience in the area of work to which they are attached.

Remuneration levels: For the purposes of remuneration, they are distributed at levels 4, 5 and 6 (Annex I-Table 1).

The transposition of the remuneration of the old categories into the remuneration levels of this professional group is set out in Annex I-Table 3.

4. Professional Group III. Auxiliary and Assimilated Personnel

This professional group consists of all positions for which activities are carried out which, at least, require:

a) Basic knowledge or some specialization or instrumental skill.

b) Tracking detailed instructions.

c) Basic, simple, repetitive, mechanical or automatic, supporting or complementary instrumental operations.

A non-limiting, but not limited, reference examples are the following:

Gardening.

Sewing, laundry, iron.

Cleaning.

Food preparation and distribution.

Maintenance of machinery or installations.

Driving of ambulances.

Machine handling (telephony, telex, fax, etc.).

Reception, surveillance.

Rehabilitation sports activities.

Remuneration levels: For the purposes of remuneration, they are distributed at levels 7 and 8 (Annex I-Table 1).

The transposition of remuneration of the former categories at the level of remuneration of this professional group is set out in Annex I-Table 3.

5. Professional Group IV

General criteria: This will include those workers who, lacking experience and specific preparation for the sector, are employed by companies in order to carry out the tasks that are later specify.

This figure is exclusively prevented for new recruitment staff in the company, setting itself up as an instrument for promoting employment policies, preferably youth, and promoting development and promotion. industry professional.

After the time of stay in this professional group, which in no case can exceed the three-year period, the subsequent post which, if necessary, will be made to the professional group that corresponds to the established professional classification system and rules on promotions and promotions.

Training: The workers included in this group will receive in the course of the first two years of stay, within the working day, a training of a minimum of thirty additional hours on the one established with universal character in Article 28 of this Convention. This training will deal with the basic elements for knowledge of the sector.

The training plan of each company will take into account the training development of the integrated personnel in this group.

Tasks: Basic instrumental tasks and/or support to the other professional groups and introduction to the company's own activities. Also, how many auxiliary initiation activities contribute to the acquisition of the necessary practical and training knowledge for the performance of a more qualified job.

Remuneration levels: For the purpose of remuneration, according to the year of permanence, levels 9 and 10 are included (Annex I-Table 1).

In general, the stay of three years in the present professional group implies the assignment of the salary level 10 for the first two years and the salary level 9 for the third year of permanence, if any.

If the qualifying qualifications of the recruitment are those of vocational training of a medium or higher degree or officially recognised as equivalent, the maximum length of stay will be two years, corresponding to the first year the Salary level 10, and the second the remuneration level 9.

As an exception: When the object of the hiring is the development of the knowledge of a university degree, higher or middle grade, the professional classification will be carried out in the professional group for those tasks, the level of remuneration determined by the specific provisions, if any, of the contractual arrangements used, in relation to the level of the professional group's own remuneration.

Article 15. Provisions common to staff in hospital and care facilities.

The denomination of the various professions refers interchangeably to male and/or female staff.

The relationship of professionals and/or jobs described, does not assume that they must necessarily exist in each and every one of the Mutual Work Accidents. It shall be the responsibility of the Directorate of each of the Accidents of Work Accidents to determine the necessity or desirability of the same.

The functions of the staff described, within the competencies for which they are entitled to the respective academic degree, have an enunciative and non-limiting character provided they are related tasks or functions.

All staff described will assist in the case of judgments in which the entity is to be represented, and consider it necessary to appear.

The professionals described will issue how many documents and reports are required in relation to the assistance provided. They shall be carried out using the technical means of the centre and taking into account the ethical principles of confidentiality, establishing the appropriate means to ensure it.

The health personnel described, during their working time, will perform the care functions set forth, as well as how many special or general recognitions for which in each case is authorized. It shall also provide assistance to all patients who require it and the management of the entity has authorised, in the framework of the law in force.

Article 16. Functions of the staff of the care and hospital centers of the Mutual Work and Occupational Diseases of Social Security.

Director of Medical Services: You will be responsible for the responsibility and inspection of the health services of the institution, and for the information and technical advice of how many health consultations and problems the Directorate of the same, and may at the same time be able to use this activity with the assistance functions for which it has been authorized and assigned to it.

Article 17. Open health institutions.

1. Health personnel entitled above

Head of Health Services: You will be responsible for the correct and effective delivery of healthcare to patients who have been entrusted to you by the entity. It will depend on the health personnel assigned to you.

You will receive guidance and medical performance standards from the Medical Services Directorate that the entity designates.

Trauma Surgeon: He will be responsible for the correct and effective delivery of healthcare to patients who have been entrusted to him, especially for the care and recovery of the patient.

Your performance may be set to either of the following two modes:

a) Pass the consultation and care for patients during the time agreed by the entity, performing, among other functions, and specifically the emergency cures and the assistance of those mild and less severe cases. It will also carry out the help of surgical interventions when required.

(b) Perform as many surgical interventions as necessary, in addition to the functions referred to in subparagraph (a).

Specialist Doctor: Your role in your specialty will be similar to those outlined for Trauma Surgeons.

Doctor of General Medicine: It will be responsible, within the scope of its faculties, for the attention of the people entrusted to it.

Visitor Doctor: It will be destined for the patients ' visit, either because they cannot go to the care center, or because the doctors who are in charge of the assistance of those are entrusted to them.

II. Healthcare personnel entitled average grade

Physiotherapist: You will be responsible for establishing and applying the treatments corresponding to your specialty, according to the instructions of the Doctor who would have prescribed them, taking responsibility for the material assigned to you. to carry out its tasks and also to carry out the administrative tasks related to its profession and the functioning of the care facility. It will monitor patients ' attendance and compliance with the treatments to be performed by them.

Nursing Diplomat (DUE), Health Technical Assistant (ATS): It will provide the health care of its profession to the patients entrusted to it, completing the doctor's orders and taking responsibility, other, of the following tasks:

1. He will administer the care or nursing care of the patients in his care.

2. It will monitor patients ' attendance and compliance with the treatments to be performed by them.

3. He will supervise the order, cleaning and maintenance of the area in his office.

4. You will be responsible for the equipment and equipment of the area, distribution, use and maintenance.

5. It will take the control and return of equipment belonging to other services.

6. The staff will be distributed when, for service reasons, it is necessary.

7. It will collaborate in the research and study of statistics that are entrusted to the service.

8. It will be responsible for the coordination of the study practices of the students who attend their service or health zone.

9. He will perform the administrative tasks related to his profession.

10. If the center is equipped with radio-electrology equipment, it will perform, under the indications of the physician, the precise radiographic shots and subsequent treatment of the plates for the proper diagnosis, provided that it meets the legal requirements.

Occupational Therapist: Will provide, under the supervision of the Doctor, the assistance corresponding to his/her qualification to carry out the rehabilitation procedure, promoting manual, creative, recreational and social activities, educational, pre-vocational and industrial to achieve the desired response, whether physical, mental or both.

You will also be responsible for the material assigned to you to carry out your task and perform the administrative tasks related to your profession and the functioning of the care facility.

III. Auxiliary healthcare staff

Sanitary aid: In addition to auxiliary to the health personnel in non-technical or specialized functions, it will carry out the reception and orientation of the persons attending the consultations, the reception of flyers and documents, the distribution of the sick for the best management in the time of visits, the registration in the books of registration, flyers and vouchers, in addition to those administrative tasks related to their work. It shall carry out the tasks of cleaning the material, clinical equipment and those required by asepsis which are immediate in nature and cannot be allowed to wait.

Celador or Mozo: It will be their functions to help the health and auxiliary staff in the tasks that do not require specialized technical knowledge, and mainly, in which they demand physical effort. The entity shall put in place the technical means to facilitate the performance of the arduous tasks, in such a way as to safeguard the occupational health of the staff concerned as far as possible.

It will carry out the monitoring of doors and access to the center and will collaborate with the ambulance services, when necessary, within their working day.

IV. Non-healthcare personnel entitled average grade

Diploma in Social Work-Social Assistant: Your mission will be to achieve the adaptation of patients to care norms and techniques, as well as their acceptance to treatment and their socio-occupational rehabilitation, participating in the in such processes. It will deal with patients as an intermediary to channel the problems they present to the services or people who can solve them, performing the administrative tasks related to their profession and the development of their work.

V. Staff of other services

Ambulance driver and preventive medicine equipment: It is the driver who, being in possession of the regulatory driving licence, is in charge of driving and maintaining the assigned vehicle so that in any The time for service needs can be shifted to the place that is needed within your working day, except for the shift of guards, urgencies and special cases. According to the instructions received from the Medical Service, you will collaborate in each case with the personnel empowered to do so, in the movements that require physical assistance from the patients.

Article 18. Health institutions closed.

I. Health personnel entitled above

Medical Director: It will be the head of the Medical Directorate of the hospital, with the health staff of the hospital and the other who, if necessary, entrust the management of the institution.

It shall ensure compliance with the services entrusted to it, the internal regulations, instructions and general orders governing the entity.

It will carry out the necessary studies to propose the approval in regulatory form of the modules of hospitalization and outpatient treatments.

Provide information and technical advice on how many health queries and problems the entity's address will make to you.

Head of Department: Assume the responsibility of the services entrusted to them in the execution of the same, coordinating them in order to obtain the best aid effectiveness.

Head of Service: You will be responsible for the proper operation of the service, with your specific functions being as follows:

1. Distribute to the assigned staff.

2. Analyze the results obtained, adopting the measures that contribute to their optimization.

3. Collaborate with other medical units in order to achieve adequate diagnosis and treatment.

4. To recognize initial and periodically the patients who are referred to them, establishing the therapeutic rules in each case and applying personally the techniques that are required for their specialty.

5. To visit with the necessary frequency for hospitalized patients whose severity advises them and, periodically, to the other patients admitted.

6. To carry out personally the actions of his/her specialty, the importance of which they advise, even the ones of urgency.

7. To require compliance with asepsis standards and techniques in terms of its service, with special attention to the surgical block.

8. Maintain, with the periodicity that is pointed out by the Management of the entity, information about the status and evolution of the patients taking care that there are no unnecessary stays.

Section Chief: Will collaborate in the organization, operation and control of the service by supervising the work of the staff assigned to it and the fulfillment of the given instructions, being its specific functions, among others, the following:

1. To be responsible for achieving the best adequacy of the patients ' diagnosis and treatment.

2. Report, with the periodicity required by the Management of the entity, on the evolution and status of the patients in charge.

It will depend on the technical effects of the Head of Service, if any, or the Chief Medical Officer.

Deputy: Will collaborate in the organization, operation and control of the service supervising the work of the staff assigned to it and the fulfillment of the given instructions, being its specific functions, among others, replacing to the Head of Section or Service in the absence of these, to collaborate in the acknowledgements, prescriptions of treatment, and in their case, surgical interventions to be carried out by the Head of Section or Service, carrying out personally those actions which were directly entrusted to it.

It will depend, for technical purposes, on the Head of Section or Service.

Resident: Will perform the care, teaching and research tasks assigned to you in order to promote your training.

As a Guard Doctor, within the shift that will be established by the entity's Directorate, you will assist as many patients as required, under the direct instructions of the Heads of Section or Adtogether.

It will depend immediately on the Deputy Doctor of the appropriate service.

Pharmacist: It will be responsible for the operation and control of the pharmacy of the hospital center proposing the acquisition of adequate and adequate medicines and material for the needs of the center, as well as other missions are entrusted to you by your profession.

Psychologist: Will perform the patient's psychoagnostic, the evolution of the disadapted behaviors that interfere with the established treatment and the coexistence, particularly when the patient's personality has been able to be affected.

When your specialization allows, you will perform psychological treatments and therapies to improve the emotional and behavioral adjustment of those affected.

Will perform the professional guidance of patients who require specific job training.

It will contribute to the analysis of the company's appropriate environmental and ergonomic conditions and will promote the occupational health of patients and workers in collaboration with the services of the entity, and, where appropriate, with those of the associated enterprises, as well as those other functions deemed appropriate, such as the selection of staff of the entity and any other functions within its professional competence, always remaining within the limits of the legislation set for these entities.

II. Average grade healthcare personnel

Chief of Nursing: Your performance will respond to the principle of constant improvement in the level of care basic care, assuming, in addition to the specific functions of your profession, the following specific:

1. Organize, direct and control nursing services by ensuring the proper care of the

patients.

2. Constantly analyze the different activities of the nursing staff in order to the efficiency and effectiveness of the service.

3. Keep the Management of the Nursing Service Center informed.

4. To organize and direct the nursing staff, in order to mark the guidelines to be developed in the performance of the nursing staff, keeping an eye on the strict performance of functions that the different professionals in charge of the staff have to carry out.

5. He will collaborate with the Directorate in the training programs of the professionals in his position.

Nursing Supervisor: Velara because the sanitary and ergo-dynamic conditions are adequate in its service or entrusted area.

Organise and direct the staff in charge, will carry out the monthly plans of the workers in charge and will guide them in the functions to be carried out and in the distribution of the work according to the guidelines of the Head of Nursing.

It will take care that the transfer of the hospital to another area or service meets the appropriate requirements by having everything necessary, and will monitor the professional performance of the health personnel assigned to their service in the treatment and care for hospitalized patients.

You will request the medical-surgical material and the necessary kit from your area or service making the necessary forecasts.

Coordinate according to the Nursing Directorate its activities and those of the staff assigned to its position.

In addition to performing the functions of your profession, you will be responsible, among others, for the following tasks:

1. He will supervise the order, cleaning and maintenance of the area in his office.

2. You will be responsible for the equipment and equipment of your distribution, use and maintenance in your area.

3. It will take control and return of equipment belonging to other services.

4. It will collaborate in the research and study of statistics that are entrusted to the service.

5. It will promote the collaboration of its staff by distributing it when, for reasons of service, it is necessary.

6. It will be responsible for the coordination of the study practices of the students who attend their service or health zone.

Nursing Diplomat (DUE), Technical Assistant Healthcare ATS: It will provide the health care of its profession to the patients entrusted to it, completing the orders of the Doctor and/or Supervisor, and responsible, inter alia, for the following tasks:

1. He will administer the care or nursing care of the patients in his care.

2. It will be responsible for the proper preparation of the patient for surgical interventions or explorations, etc., carefully attending to the prescribed treatments, as well as the postoperative care.

3. He will perform sondages, cures, drains and any other function that his qualification empowers him, taking responsibility for always having the necessary equipment for each type of assistance. 4. It shall be in the knowledge of the Supervisor, or in his absence, of the head of nursing, the anomalies or deficiencies that he observes in the development of the assistance or in the allocation of the service entrusted.

5. It will monitor patients ' attendance and compliance with the treatments to be performed by them.

6. He will perform the administrative tasks related to his profession.

7. You will be responsible for the entire area or service in the absence or defect of the Supervisor.

Head of Physiotherapy: He is responsible for the Physical Therapy Service, integrated within the rehabilitation team. It will depend on the Doctor-Rehabilitation or, failing that, the Medical Directorate of the center.

It will organize the service by correctly distributing the patients between its collaborators and the same. It will ensure that the service always has the number of appropriate professionals, as well as the technical means to carry out its work.

Control that scheduled treatments are carried out by following the prescribed directions.

You will make immediate knowledge of the Doctor any anomaly that a patient presents and may have gone unnoticed in the clinical scans or in the course of his/her treatment.

Control that the treatment rooms, facilities and use of your section are in perfect state of use, warning, immediately, of possible breakdowns in the devices or installations, cancelling your own use as long as they are not repaired.

Coordinate the study practices of students who attend their service.

Participate in the elaboration of programs for the service (objectives, training, etc.), and will ensure its compliance. It will also collaborate in the preparation of treatment protocols.

Physiotherapist: You will be responsible for establishing and applying the treatments corresponding to your specialty, as instructed by the Doctor who would have prescribed them, taking responsibility for the material assigned to you. carry out their duties and carry out the administrative tasks related to their profession.

Will monitor patients ' attendance and compliance with the treatments to be performed by patients.

It will be responsible for the coordination of the study practices of the students who attend their service or health zone, in the absence or defect of the Head of Physiotherapy.

Occupational Therapist: Will provide, under the supervision of the Doctor, the assistance corresponding to their qualification to carry out the rehabilitation procedure by promoting manual, creative, recreational and social activities, educational, pre-vocational and industrial to achieve the desired response, whether physical, mental or both.

You will also be responsible for the material assigned to you to carry out your duties, and perform the administrative tasks related to your profession.

III. Auxiliary healthcare staff

Orthopaedic Technician: It will be responsible for the preparation of the prostheses and orthoses required for the patients cared for by the entity, as well as for the repairs that need to be carried out.

You will ensure the proper use of the equipment and equipment entrusted to you.

Occupational Monitor: It is that healthcare personnel who are in possession of the appropriate qualification or training provide complementary services for the assistance of the occupational therapist and assist in the application of the physical treatments. Take care of the preservation and good condition of the material entrusted to you.

Physical Education Monitor: It will be responsible for the performance of physical activities that as a complement to the rehabilitation function is entrusted by the rehabilitation services.

Take care of the conservation and good status of the material entrusted to you.

Specialist technicians. Radiodiagnostic laboratory: They will carry out their functions in those services which, in order to their technological complexity, the Management of the Centre considers it appropriate.

They will be in possession of the official title and/or accreditation in any of the above mentioned specialties, carrying out in general all the technical functions for which they are trained according to their qualifications, within the specific laboratory and radiodiagnostic activities.

Also perform all functions related to the service to which they are attached, such as: Collaboration in obtaining samples, handling and processing them, carrying out inventory, handling and control of calibration, cleaning, preservation and preventive maintenance of apparatus and zone, control of the repairs and equipment of the equipment to his office attached to the service.

They will collaborate in the information and preparation of patients for the correct implementation of the technical procedures.

They will collaborate and participate in the training programs in which the service is involved.

They will also perform all administrative functions related to their profession.

Sanitary aid: In addition to assisting the health personnel in their non-technical or specialized functions, they will be given the reception and guidance of the persons attending the consultations or entering the plants, the reception of flyers and documents, the distribution of the sick for the best management in the schedule of visits, the registration in the books of record, flyers and vouchers, in addition to those administrative tasks related to their work.

In addition, among others, the following tasks will be responsible:

1. It will accommodate the patient in the room.

2. He will be in charge of the grooming of the hospitalised patients.

3. It will distribute and, if necessary, administer food to hospitalized patients.

4. Control the tableware, bed linen and toilet to be entrusted to you.

5. It will be in charge of cleaning up the material and precise clinical equipment for health care.

Celador or Mozo: Help the health and auxiliary staff in tasks that do not require specialized technical knowledge, and mainly those requiring physical effort, collaborating with ambulance services when is accurate within your working day. The entity shall put in place the technical means to facilitate the performance of the arduous tasks, in such a way as to safeguard the occupational health of the staff concerned as far as possible.

It will carry out door and access surveillance to the center.

IV. Non-healthcare personnel entitled

Head of vocational training: He/she will be responsible for the accelerated vocational training of the students entrusted to him, arbitrating the most suitable means, both technical and other, and seeking to update the teaching techniques of the teaching staff in charge, which are necessary to achieve the objectives set.

It will take care of the professional rehabilitation of those patients who are in the last phase of rehabilitation and who are entrusted to them by the medical service.

You will be responsible for how many jobs are entrusted to you in relation to existing professional areas.

It will ensure the proper functioning and conservation of the machinery, equipment and facilities entrusted to it.

A number of professional training monitors may be in charge, as well as any auxiliary staff deemed necessary.

EGB teaching staff: He will be in charge of teaching precise teaching to the patients who are entrusted to him, promoting their professional training in the different cultural levels in which they are located.

Will act, if any, in collaboration with the rest of the staff dedicated to this objective.

Diplomat in Social Work-Social Assistant: Your mission will be to achieve the adaptation of patients to care norms and techniques, as well as their acceptance to treatment and their socio-occupational rehabilitation, participating in the study. in such processes.

Treat patients as an intermediary to channel the problems they present to the services or people who can solve them, performing the administrative tasks related to their profession and the development of their work.

Professor of Physical Education: Your mission will be to direct physical education exercises that rehabilitating physicians prescribe to patients on treatment to favor their fastest recovery. He shall be in possession of the relevant professional title.

V. Auxiliary non-sanitary personnel

Professional training monitor: It is the responsibility of training patients in the professional activities that are established, in accordance with the principle of accelerated training and under the dependency of the Head of Vocational Training. It will carry out the professional rehabilitation of those who need it, as well as those jobs which, according to their specialty, are deemed necessary, with priority given to training.

You may be assigned auxiliaries to carry out your duties.

Article 19. Staff of general services of the medical and hospital centres.

Administrator: You will be in charge of the administrative and general services, and may depend on the Administrative Director of the Center if any, or, if any, of the Directorate of the entity.

Sewing, laundry and ironing staff: They make up the laundry, iron and sewing jobs, and any other posts that have as their task the preparation, cleaning and arrangements of the lingerie, clothes and uniforms of the center.

Kitchen, dining and cafeteria staff: Chef: He is in charge of making and directing the seasoning of how many dishes appear on the menu of the day, and he who takes care of himself, both in the presentation and in the use of the food members in favor of a better service. Coordinate and complete the allowances established by the relevant medical service. It will also control warehouse stocks and will carry out the number of other functions and tasks of the profession in the kitchen and dining room.

Kitchen Assistant: Under the direct orders of the chef, he will manipulate the food and make the simple dishes that are indicated to him, also performing the service and the service in the line of self-service. Perform the cleaning of your work areas; taking care of the cleaning, sorting and good order of the kitchen and dining facility, carrying out as many other functions and tasks as the proper functioning of the areas mentioned.

Camarero: His task will be to serve the clients of the establishment and to know and manage all the useful work, taking care of the cleaning of these.

The staff who, at the entry into force of this Convention, shall carry out the duties described above, shall be treated as appropriate.

Maintenance personnel: You will be responsible for the maintenance and repair of equipment and installations within the limits of your competence.

Gardener: It will have as mission the care and irrigation of the gardens, orchard and interior plants of the center that will have to keep in perfect state of conservation and cleanliness, realizing any anomaly that could harm the achievement of its task.

Article 20. Safety and health personnel at work in the mutual work accidents.

Common provisions for all health and safety personnel at work:

They are identical, within the scope of their tasks, to those of the defined staff of the care and hospital centers.

They will perform the administrative tasks associated with their professional activity, issuing as many reports or documents as accurate and using the technical means of the center.

The staff who, at the entry into force of this Convention, shall carry out the duties which are subsequently described, shall be treated as appropriate.

I. Technical staff entitled above

It is the staff with a higher degree awarded by the Polytechnic Universities or Faculties, who apply such studies to the job that they perform, direct their activity to the technical prevention of accidents at work and occupational diseases, having as their target the mutual enterprises and their employees.

Its functions are such as the following:

1. Information, motivation, appropriate technical advice to the existing legislation and recommendations on safety and health at work, and management in the prevention of occupational risks.

2. Recognition, analysis and evaluation of systems (especially organizational), facilities, processes and work operations related to safety and health at work.

3. Actions complementary to those carried out by the companies in relation to the application of safety and health techniques at work.

4. Training and training, in their different teaching expressions in the field of safety and health at work, of the staff of the mutual companies.

5. Advice and issuance of reports with application criteria, on the most effective solutions for the proper control of risks of accidents and occupational diseases.

II. Technical staff entitled Middle Grade

It is the staff with a degree of Middle Degree, awarded by the Technical University Schools, who apply their knowledge to the job they perform, direct their activity to the technical prevention of accidents at work and occupational diseases, having as their target the mutual enterprises and their employees.

With an enunciative character, its functions will be similar to those of the entitled superior within the legal knowledge and faculties conferred on it by its degree of Middle Degree.

III. Technical auxiliary staff

It is the staff in possession of the title of Vocational Training or who accredit a sufficient training of the appropriate and precise technical branches to the service of safety and health at work.

With an enunciative character, their functions will be the ones entrusted by the technical graduates of the Higher and/or the Middle, as auxiliary or complementary of the ones that they perform, in the field of the prevention of occupational risks.

Article 21. Assignment of staff from care and hospital facilities to professional groups and levels of remuneration.

The allocation to the remuneration of the staff of the care and hospital centres and of the health and safety at the work of the MATEPSS described above is set out in Annex I, Table 3.

SECTION 4.

Article 22. Functional mobility.

1. Functional mobility within the undertaking shall be carried out in accordance with the provisions of this General Convention, while respecting the legal status, guarantees and requirements laid down in the Staff Regulations.

2. Functional mobility within the same professional group cannot be performed between radically different professional specialties requiring complex adaptation processes.

3. Within the professional group, the level of requirements or performance of the tasks performed at each moment by the worker shall determine the level of remuneration applicable to him.

Functional mobility within the same professional group will not result in a reduction in the level of income.

4. Mobility for the performance of tasks belonging to a higher professional group, as well as mobility for the performance of functions belonging to a lower professional group, shall be regulated in accordance with the provisions laid down in the in Article 39 of the Staff Regulations.

5. Mobility within the insurance area, where it involves changes between specialised technical management and general service management, may be carried out provided that the new functions assigned are equivalent to those of provenance, understood equivalence in the terms laid down in Article 22.3 of the Staff Regulations.

6. The worker may request the change in his or her duties, both within the professional group in which he or she is registered. In such cases the application shall be reasoned and the requirements laid down in this Convention for the performance of the requested functions or posts shall be fulfilled. The undertaking shall give a reasoned reply to the request within a reasonable period.

The functional mobility achieved by mutual agreement between the parties will have to be respected as a general rule in this Convention and in the applicable law.

7. Consequently, the changes of functions other than those set out in the preceding paragraphs shall require agreement of the parties or, failing that, the submission to the rules laid down for the substantial modifications of working conditions.

SECTION 5.

Article 23. Template.

According to the functional and organizational needs of each company, the composition of the professional structure will be fixed, in accordance with the different forecasts of the professional classification system as the Convention In the case of companies, it is not necessary for companies to incorporate into their organization any and all levels and professional groups that are regulated in the Convention.

In accordance with the provisions of the current social legislation, and for the purposes thereof, the company shall regularly inform the legal representation of the employees about their staff, their situation and their evolution. likely, and, where appropriate, prior to its implementation, for the purposes of the report, of the decisions taken on restructurings or total or partial cessation, final or temporary of those decisions.

Article 24. Test period.

The duration of the trial period will be variable depending on the nature of the jobs to be covered, without, in any case, exceeding the periods listed below:

Professional Group 0: Twelve months.

Professional Group I: Six months.

Professional Group II: Three months.

Professional Group III: One month.

Professional Group IV: Fifteen days.

The situations of temporary incapacity and maternity that may affect the employee during the probationary period, will interrupt the calculation of the same, which will be resumed from the date of the effective reinstatement to the job.

Article 25. Voluntary cessation.

The staff who intend to cease voluntarily in the company must inform the management of the management, complying with the following notice periods according to the assigned professional group:

Professional groups 0, I and II: One month.

Professional groups III and IV: Fifteen days.

Received the notice by the company may be dispensing with the employee's services before the end of the term; in such case, the company must pay him what he restes until the end of the same.

If the notice obligation is not fulfilled, the employee will not receive the proportional share of the minimum share of the premium that could have been paid in accordance with the provisions of Article 39 (l) of the Treaty. Convention.

SECTION 6.

Article 26. Promotions and promotions.

promotions and promotions within the system of professional classification established in this General Convention shall be produced in accordance with the following paragraphs:

1. In accordance with the provisions of the second paragraph of Article 24.1 of the Staff Regulations, the training, merits, seniority of the worker, as well as the organisational powers of the employer, shall be regarded as such.

2. In any event, the criteria for promotions and promotions shall be common for workers of one sex and another, respecting the principle of non-discrimination for the other circumstances referred to in Article 17.1 of the Staff Regulations.

3. The basic criteria for the promotion of promotions among professional groups are as follows:

To the professional group III: By concurso-opposition. For the duration of the maximum stay in the professional group IV.

To the professional group II: By concurso-opposition. By way of derogation, by free designation in the case of trusted jobs by reason of their specific nature and be directly dependent on positions of special responsibility, or which will in themselves entail a higher degree of confidentiality and reservation. Such circumstances of the post shall be communicated to the legal representation of the employees.

To the professional group I: Free designation.

3.1 Where the company is opposed in advance, the company will make public the post or posts of promotion object of the opposition, describing, according to the system of classification professional, the characteristics of the same, the level of training, the necessary knowledge, the subject and the content of the examination, as well as the other conditions, including the minimum experience required in the company, which may not exceed three years.

The contest-opposition will consist of two exercises, one theoretical and one practical. At the enterprise level, the theoretical exercise may be replaced by the completion of training courses related to the professional group. This circumstance, with the indication of the courses in question, must be included in the call. In any event, the accreditation of the certificate or diploma of completed studies of the Higher Grade of the Professional Insurance Schools shall exempt from the performance of that theoretical exercise.

3.2 The qualifying courts for the competitions that will participate in the elaboration of the content of the examination and follow its development, will be constituted by the following members:

President (appointed by the company).

Secretary (appointed by the workers ' representatives or, failing that, by the Joint Committee).

Two Vowels (appointed by the company and another by the employees ' representatives or, failing that, by the Joint Committee).

4. The promotion of the remuneration levels of the professional groups II and III will be determined by the degree to which the factors set out as configurators of professional competence are developed, as well as, inter alia, the following: circumstances:

Realization of the corresponding formative processes, taking into consideration the total number of hours of training received and their degree of exploitation.

Years of experience at the level of provenance.

Development and professional competence.

Adequacy to the position.

Performing analogous functions.

4.1 The promotion between levels will be carried out in accordance with the objective criteria that have been stated, following guidelines of transparency in its application and proceeding to give an account to the legal representation of the workers the promotions produced and the criteria assessed for them.

4.2 In any case, every two years, at least the following places will be put up for competition:

Level 6: The company will convene every two years promotions equivalent to 5 per 100 of the existing employees at this level. All employees at lower levels may be eligible for opposition to these places.

Level 5: The company will convene every two years promotions equivalent to 5 per 100 of the existing employees at this level. All employees at level 6 may be eligible for merit in these places.

5. The promotion system established in the General Convention may be adapted at the enterprise level by agreement between the latter and the legal representation of the employees.

6. On an annual basis, the company will inform the legal representation of the employees about the evolution of promotions and promotions, analyzing together possible measures of adaptation at the company level.

CHAPTER IV

Professional training

Article 27. General principles.

1. In order to promote the professionalisation and permanent improvement of training in the sector, the signatory parties ratify the objectives set out in the sectoral agreement on continuing training, signed on 12 May 1994 ("Official Journal"). of the State " of 9 June), oriented to:

a) Promote the personal and professional development of workers.

b) Contribute to economic efficiency by improving the competitiveness of companies.

c) Adapting to changes motivated by both technological innovation processes and new forms of work organization.

d) Contribute to continuing vocational training to promote the development and innovation of the insurance business.

2. The training action in the insurance sector will respond to continuity criteria in order to promote the permanent development of professional qualifications.

Training, through the organization and participation in courses, activities and programs will promote the promotion of the staff and will be a reference element in the terms indicated in the corresponding articles of the present Convention, for the purposes of the system of professional classification and the remuneration structure.

3. Given its importance for the implementation of the new model of industrial relations to which this general agreement responds, the training policy in the sector will be accommodated according to the following criteria:

(a) Profession and development of human resources, meeting the needs of professional training of workers within firms and facilitating their access to better qualifications.

b) Full universalization of the training action that will be projected to the staff at all levels.

(c) The impulse of vocational training as the responsibility of the social partners, in the understanding that it is in the interests of both the company and the worker, and that it cannot be made out of its protagonists.

(d) Mutual understanding of the dual dimension of vocational training as a right and as a duty.

e) Connection between the design of training actions and the needs of professional qualifications.

f) Valuation as a strategic factor for the competitiveness of companies and as a structural variable conditioning to a high degree of any growth strategy.

g) Assumption of the training policy as a fundamental aspect of the internal flexibility of the companies that enables the adaptability of the human resources to the new productive processes, making the mobility operational functional.

Article 28. Training time.

1. The training time for each worker shall be 20 hours within the annual calculation of the day of a thousand seven hundred and fifty hours laid down in this General Convention, and shall be used to carry out training activities of interest to the professional performance entrusted or which can be entrusted, as well as its projection in the professional career.

This training time may be adapted proportionally in the event of days which will produce an annual calculation other than the one established in general.

2. These hours may be accumulated over a period of up to two years in cases where, for organisational or functional purposes, they are not used annually, except for certain cases where, for exceptional reasons, it is necessary extend that period to three years. In addition, the organisation of training activities will seek to take account of the circumstances in which workers are involved.

3. In the case of days other than those covered by this General Convention, the time spent on training shall be subject to the corresponding adaptations as to the first subparagraph, making them compatible with the functionality of the training action.

4. Where such training activities concern workers falling within the health area, the provisions of this Article shall also be compatible with due regard to the users of the centres or facilities. health.

5. With criteria similar to those mentioned in number 3, appropriate adaptations shall be made in individual cases of reduced working time.

Article 29. Financing.

The financing of training actions will preferably be made from the vocational training fees paid out sectorially, managed through FORCEM or the institution or similar institutions that may be establish, where appropriate, with similar economic allocations and purposes.

Through the Sectoral Joint Committee, it will be possible, as far as possible, to revert to the sector of the share of vocational training which under the legislation can be devoted to continuing training, in order to to achieve broad reinvestment.

Without prejudice to the above, at company level, the application of additional own resources may be established on a complementary basis, depending on their needs and characteristics.

Article 30. Sectoral Joint Committee on Training.

1. The sectoral joint committee provided for in Article 7 of the continuing training agreement is hereby declared subsist.

2. To the completion of the said sectoral agreement, a joint sectoral Commission, according to the model of the present Commission, will be constituted, in order to understand how many questions will be raised on vocational training in the field of this Convention. refers to the number 1 of this article.

In addition to the established functions there will also be:

(a) To carry out studies of a prospective nature with regard to training needs in the sector, or through specialized entities.

(b) to propose and, where appropriate, to carry out, in itself or with the collaboration of other entities, training actions in their various modalities and levels, with programmes that can be taught in the training centres of companies, or in others which may be constituted, or through national programmes developed by competent bodies. The same applies to Community or international programmes which may be applied to the sector.

c) To collaborate with the funding that could be made available in accordance with Article 29, by itself or by means of specialized entities in the diagnosis and design of specific training programs for companies that request, depending on their specific needs and the characteristics of the workers concerned.

d) Monitoring, evaluation and support on a continuous basis of the actions dealt with through the sectoral Joint Committee, in order to compare guidelines, promote other initiatives and update, where appropriate, objectives.

Article 31. Training action in enterprises.

1. Without prejudice to the sectoral provisions of the preceding Articles, undertakings shall, before implementing a training plan, complete the provisions of Article 64 (1) (4) (c) of the Staff Regulations, on the powers of the legal representation of workers in this field.

To this end, it will be taken into account that the following extremes will be considered in an enterprise training plan:

Objectives and content of the training actions to be developed.

Selection and collective criteria affected.

Execution Calendar.

Pedagogical means and places of delivery of training actions.

Estimated cost of training actions.

2. In the case of training schemes for which undertakings apply for financing under the national continuous training agreement, the provisions laid down in Article 8 shall apply to these effects. agreed on the sectoral agreement on the subject.

3. In special cases, where the size of the undertaking or the complexity of the training measures is made necessary, the legal representation of the employees, in order to promote the dialogue in this field, may be entrusted to one of its members. the performance of their own tasks related to vocational training.

Article 32. Studies and qualifications in the insurance field.

The Joint Education Committee will continue to carry out, or will support, as many initiatives as are appropriate for the ongoing studies and projects, or which may be supported by the authorities. (a) competent education and/or work-related activities affecting the training action or qualifications related to the sector.

CHAPTER V

Geographic Mobility

Article 33. Geographical mobility and its modalities.

1. Geographical mobility is configured as a business faculty in case of duly accredited need arising from economic, technical, organizational or production causes, which involve in their application functional and personal considerations company and employee.

Mobility is also considered as a right that assists the worker to obtain from the company the transfer for personal needs or promotion, by mutual agreement.

2. Geographical mobility may take the form of transfers or movements, depending on the limits laid down by law. Transfers may also be classified as individual or collective according to the references of the Workers ' Statute.

3. Within the same population, undertakings may have the change of staff from one office to another, or another undertaking, provided that they belong to the same group of undertakings and that, in any event, the rights granted to them are respected. personnel.

4. Changes in the place of work within the same city, or a radius of 25 kilometres, shall not be taken into account for geographical mobility, from the centre of the municipality where the workers provide their services to the signing of the Convention; or from where they are voluntarily transferred, and those admitted after they are destined.

Article 34. Transfers.

1. Any structural modification involving a change from one working centre to another other than the same undertaking which leads to a change of residence is considered to be a move outside the cases referred to in Article 3 and 4 of the previous Article; and the duration of which exceeds the time limits laid down for travel.

2. Where the transfer is carried out by mutual agreement between the worker and the undertaking, the terms agreed in writing between the two parties shall be subject to the conditions laid down in this Chapter, which shall not be lower as a whole. Such a transfer shall be communicated to the legal representation of the employees.

3. The transfer by objective needs of the company will require the concurrency of economic, technical, organizational or production reasons that justify it, owing the company to notify the transfer to the affected worker, and to the legal representation of workers, at least 30 days in advance of their effectiveness, for the purposes of contrasting their needs.

On a prior basis, the companies shall inform the position or posts to be covered, for the purposes of considering the applications submitted, by assessing the suitability criteria set out in paragraph 4 of this Article.

The transfer shall not prejudice the professional, economic or personal rights that the worker has been enjoying, respecting at least the conditions that he had up to that moment.

4. The collective transfer shall be communicated in advance to the legal representatives of the employees, at least 30 working days in advance, with the help of the supporting documentation. During a period of 15 days, the legal representation of the workers will be contrasted with the documentation provided, following a period of consultations on the existence of the motivating causes of the business decision, the the possibility of avoiding or reducing its effects, as well as the possible measures to mitigate the consequences for the workers concerned.

During the consultation period the parties will have to negotiate in good faith with a view to reaching an agreement.

The previous period of consultation will be completed a period of 15 days for the voluntary membership of the worker/s/s/s/s or jobs that need to be covered. After this period has been completed and the seats have not been covered, the company may directly designate the persons and posts to be occupied with simultaneous communication to the legal representation of the workers, taking into account the following criteria:

1. Professional requirements of the post.

2. Cargas and family conditions.

3. The experience and the least seniority in the company.

4. If one of the spouses is transferred, the other, if he is from the same company, will have the right to transfer to the same place, if there is a job.

5. The legal representatives of workers will have priority to remain in the jobs in the procedures referred to in this chapter.

6. º After a shipment the affected worker cannot be the object of another person for a period of one hundred and eighty days, unless there is mutual agreement in another sense on his own request or proposal of the company.

7. Except agreement between the parties, the post that as a result of a non-voluntary transfer becomes vacant, cannot be covered by the transfer of another worker in a period of ninety days.

5. The minimum transfer compensation conditions, without prejudice to the fact that they can be improved in the consultation period or in the business-level negotiation, shall be as follows:

Expenses for the interest of the person concerned and family members who with the convivan, who must be justified.

Transportation, furniture, and shipping expenses.

Compensation in cash as compensation for expenses of three ordinary basic salary allowances and other concepts of this Convention that were being collected.

The companies will provide economically evaluable aid to the worker in the terms that are specified in Article 47, so that he can obtain housing in the city that he would have been transferred to for the needs of the service.

Previous period of ten days maximum paid leave with full diet to facilitate the search for housing and school centers.

6. Notified of the decision of the transfer the worker shall be entitled to choose between the transfer with the compensation before regulated or the termination of the contract in the conditions which have been agreed or, where appropriate, with the perception of the compensation provided for in the legislation in force.

At any time the parties concerned may come to the out-of-court settlement procedures of established or established conflicts, with the exception of the actions of the worker and/or the representatives. legal workers can exercise in their case before the competent jurisdiction.

All without prejudice to the fact that the shipment is carried out in accordance with the legally prescribed regulation.

7. The provisions of this article will be in line with the regulations of the Workers ' Statute.

Article 35. Displacements.

1. They shall be considered to be those of a geographical mobility of an individual nature which takes place within the limits laid down by law, in accordance with Article 40 (4) and (5) of the Treaty. Workers ' Statute.

The displacements will require the existence of economic, technical, organizational or production reasons.

2. Unless this is not possible due to circumstances or reasons of urgency, the worker must be informed of the posting in good time to the date of its effectiveness, which may not be less than five days. working. The legal representation of the workers will be informed of the displacement.

Where the posting is more than three months, the minimum period of notice shall be 15 calendar days, in such a case the simultaneous communication to the legal representation of the workers, with indication of the causes that motivate him.

3. On displacements, the company will pay, in addition to the wages, travel expenses and allowances that are better for this assumption at the company level. The worker shall also be entitled to a four working day leave at his home of origin for every three months of posting, without counting as such travel, the costs of which shall be borne by the employer.

4. Travel for a period of three years in excess of 12 months shall, for all purposes, have the treatment provided for in the Law and in this Convention for transfers.

CHAPTER VI

Remuneration

SECTION 1. BASE SALARIES AND ADD-ONS

Article 36. General principles.

1. The remuneration structure is the system which lays down the economic perceptions of the workers for the professional benefit defined in this Convention and is constituted by base salary and salary supplements, giving back the working time cash established in this Convention and the periods of rest that are to be used as work.

2. The new remuneration structure laid down in this General Convention replaces in its entirety the structure and the remuneration concepts which, from the previous legislation, are definitively repealed.

3. In the process of rationalization of professional and remuneration structures which is one of the fundamental objectives of this Convention, the new wage regulation is being brought closer to the reality of the sector, and improving the weight of the base salary within the set of the remuneration structure, and establishing more rational intervals between the levels of remuneration that form the new base salary table, which in turn incorporates a salary range more open.

In parallel, a simplification of wage supplements is carried out, with the disappearance of previous salary concepts and the regulation of compensation mechanisms and systems of adaptation to the new remuneration structure.

4. The instruments and systems necessary to ensure the development of the professionalism of the sector are regulated, establishing an appropriate assessment of the professional experience factor, with its consequent recognition and compensation. definitively replaced, in accordance with the provisions of the Convention-Protocol, the so-called seniority supplement of the previous remuneration structure.

5. The necessary procedures for the implementation of the new structures are laid down, as well as the transitional arrangements to facilitate the transition from the previous concepts to the new ones, with the guarantees and legal certainty. essential in any process of change.

6. In the General Convention, the parties may agree to the establishment of a wage revision clause providing for the guarantees that the parties agree to the economic conditions of the workers.

7. In any event, the principle of non-discrimination in respect of remuneration referred to in Articles 17.1 and 28 of the Staff Regulations shall apply.

Article 37. Base salaries and add-ons.

1. The remuneration structure of the employees falling within the scope of this Convention shall be the basis of the basic salary and the salary supplements which, if any, are included in the salary all of this with the provisions of the Workers ' Statute and the rules set out below:

It is understood by salary or salary base salary level the remuneration fixed per unit of time corresponding to the worker according to the tasks developed and consequent integration into the group structure professionals and levels of remuneration covered by this Convention.

Pay allowances are paid on the basis of circumstances relating to the personal conditions of the employee, the work done or the situation and the results of the company.

2. The remuneration structure of the General Convention is thus integrated by the following concepts which, in compliance with the provisions of paragraph 1 above, are set up with the scope, nature and effects of their own regulation:

Base salary per salary level.

Add-on to experience.

Participation in premiums.

Individualized adaptation complement.

Plus inspection.

Plus residency.

3. Without prejudice to the existence of other wage supplements at the level of an undertaking which, in any event, must comply with the causality criteria laid down in the Staff Regulations, the concepts of the Convention referred to above shall be included in the remuneration of each undertaking, unless the general legislation or the regulation itself of this Convention permits its modification or variation.

4. The receipt of wages shall be in accordance with the rules laid down in the rules in force.

5. At the enterprise level, modalities and amounts of advances, loans or aid to the worker may be agreed.

6. In the case of work involving danger, nocturality, shift work, public holidays or greater availability, effort or bankruptcy for the worker, the provisions and rules governing these circumstances will be observed. Compensation, in cases where appropriate, will be defined through collective agreements at the level of the company, ensuring that it is preferably by time of rest, unless this is not possible from an organisational point of view.

7. In any case, the minimum sectoral remuneration shall be that corresponding to the remuneration level 10, although the salary of the remuneration level 9 shall be taken as a reference for the adjustments which may be made during the first year of the theoretical training required in certain forms of training contracts.

Article 38. Complement by experience.

1. A salary supplement is provided for the remuneration levels of the professional groups II and III, in the light of the knowledge acquired through experience, understood as a dynamic factor of qualification through the performance of activities and jobs determined over a period of time.

2. Attention to their degree of qualification and the nature of the experience factor will have the right to this supplement who are included in the levels of remuneration 4, 5, 6, 7 and 8, for the duration of their stay in the same.

3. In order to begin the accrual of the supplement by experience, a period of one year of the employee's presence in the undertaking must have elapsed, starting from 1 January of the following year during that period.

4. The supplement by experience set out in annual calculation in accordance with Table 5, set out in Annex II, shall be paid in 15 monthly instalments.

by multiplying the amount corresponding to the table by the number of years of stay at the assigned salary level, excluding the period of absence established in the previous number and with the maximum multiplier of ten years.

The credit will be paid in accordance with the employee's situation in January 1 of the year in which the annuity is fulfilled.

5. A new experience for the calculation of which will be calculated for the half of the years considered for the complement of experience at the level of the previous year will be generated at a higher level of remuneration than those referred to in the previous No 2. the source, understanding as a whole year the fraction, thus generating a new multiplier for computable experience for the purpose of the maximum ten-year-old mutiplicator, which operates, also, at the new level.

6. The table of amounts per experience set out in Annex II, Table 5, shall henceforth be subject to the same evolution of percentage increases as agreed at each time for the base salary table.

Article 39. Participation in premiums and other alternative systems.

1. Staff falling within the scope of this General Convention shall participate in each financial year in the activities and business of their undertaking in Spain as a share of premiums, in accordance with the rules laid down in the epigraps below:

(a) For the purposes of this General Convention, "participation in premiums" means those amounts which, as part of the remuneration structure, are paid in respect of participation in the activities and activities of the company in Spain.

(b) The insurance institutions in the life class shall allocate, in proportion, between their staff, 0.50 per 100, or 0,35 per 100 for the capitalisation method, in the premiums collected until the end of the 31 December 1985. For the excess of premiums collected on the demanding quantity at the indicated date will be applied 0.25 per 100.

The insurance companies in the sickness insurance group will distribute in proportion among their staff the 0.50 per 100 of the direct insurance premiums collected in each financial year.

The insurance companies in the sector of Decesos will distribute proportionally among their staff the 0.25 per 100 of the direct insurance premiums collected in each financial year.

The participation, as referred to in the preceding paragraphs of this heading, is referred to as the direct insurance premiums collected for each financial year in the respective classes, after deduction of the 7,50 per 100 in each financial year. concept of acquisition, administration and collection costs.

(c) Insurance institutions in the classes not referred to in the preceding headings shall distribute proportionally among their staff the 1 per 100 of the direct insurance premiums collected in each financial year, after deduction of such premiums. 15 per 100 for acquisition, administration and collection costs.

(d) Only reinsurer entities shall distribute proportionally among their staff the 0,025 per 100 of the premiums accepted in reinsurance in each financial year by the classes of Life, Sickness and Dessers, and 0,10 per 100 of the premiums accepted by the other classes.

(e) Of the direct insurance premiums referred to in the preceding headings, no deduction shall be made for reinsurance and retrocessions, except where the institution cedes in reinsurance the whole of the premium or its full retention is less than 1 per 100, in which case such premiums shall not account for the purpose of the premium share held here. The provisions of this heading shall apply, on the principle of good faith, to the accounting years corresponding to the validity of this Convention, 1996, 1997 and 1998. For subsequent years, the parties shall be subject to the collective bargaining of the following General Convention, in the light of the assessment carried out of the effects of the application of the proviso contained in the Convention. the preceding paragraph in respect of the reinsurance transfer.

(f) The Mutual Insurance and Labour Accidents of Occupational Safety and Occupational Diseases shall distribute proportionally among their staff the 0,25 per 100 of the quotas resulting from the rate of accidents at work collected in each exercise, once deducted from these the 7,50 per 100 in terms of acquisition, administration and collection costs.

(g) Deductions for acquisition, administration and collection costs as set out in headings (b), (c) and (f) shall not be made in those entities whose annual premiums or shares in direct business exceed 2 billion pesetas.

The indicated figure shall be updated annually in accordance with the cumulative CPI of December to December of the year corresponding to the year of which the accruals for premium participation are derived, once the CPI has been officially established. by the INE.

(h) Companies shall make effective the corresponding amounts, in accordance with the rules laid down in this Article, before 30 June of the year following the financial year closed on 31 December of the preceding year, and the The allocation shall be made in accordance with the basic salary table, without any additions, accrued by the staff on 31 December of the financial year concerned, without prejudice to the provisions of paragraph (o) and the fourth transitional provision.

(i) The minimum to be received by the staff in the headings (b), (c), (d) and (f) of this Article shall be a monthly and average payment in accordance with the basic salaries, without any allowances, if their collection of premiums in all It does not exceed the 2 billion pesetas, and two basic salary allowances, without any supplement, when their collection of premiums exceeds that figure, without prejudice to the provisions of paragraph (o).

The figure of 2 billion referred to in the preceding paragraph shall be updated annually in accordance with the CPI development criterion referred to in the second subparagraph of point (g) above.

(j) The maximum to be charged for the concept of premium participation here shall be ten monthly basis of the table of base salaries, without any additions, without prejudice to the provisions of paragraph (o).

Consequently, the effects of the collection excesses that may lead to the above limit shall not be considered for the purpose of premium participation.

k) If in any case the amount to be distributed to the employees represents for each of them a sum that exceeds the amount equivalent to seven mensualities of the base salary table, without any add-ons, without prejudice to the (a) the distribution of the excess in the manner in which it is agreed at the level of the undertaking, on the basis that, in any form, the distribution is affected by the distribution of the goods; to all the workers. If the agreement is not possible, the excess shall be allocated according to the criteria set out above for the individual payment of the corresponding monthly payments.

In any event, it shall operate the maximum limit of monthly payments to be paid by this concept set out in paragraph (j) above, or its equivalent in the event that another form of distribution has been agreed through the negotiation collective.

(l) Employees who cease to be an undertaking before the end of the financial year shall be entitled to the proportional share of the minima set out in this Article, unless they fail to comply with the obligation of prior notice provided for in this Article. General Convention.

Those admitted after starting the exercise will receive the proportion of the time worked.

(m) For the purposes of the participation referred to in point 1 of this Regulation, the amounts collected as 'single premiums', where these correspond to life assurance policies in which the policyholder pays a The only premium, whatever their duration and with the right to ransom at any time, will be given special treatment as regards the percentage to be distributed among the staff.

In such cases, life insurance institutions shall distribute proportionally among their staff the 0.035 per 100 of the "single premiums" collected in each financial year, after deduction of the 7,50 per 100 in respect of the acquisition, administration and collection.

n) Companies in a deficit or loss situation as set out in this General Convention shall not be required to apply the general system of participation in premiums, regulated here, by paying them only the minimum requirements laid down in paragraph (i) above.

These companies will have to return to the general regulation on premium participation, once the deficit or loss situation has been abandoned for a full year, and should notify the representation of workers and the Joint Commission for Interpretation of the Convention the above mentioned circumstance.

(n) undertakings of the same insurance group or operating under the same management, including those whose legal formula is that of a grouping of economic interest which is the subject of the exclusive provision of services to the the insurance undertaking or insurance undertakings of that group, may constitute a single fund with the amounts each of which is to be distributed among its employees by this concept, which shall be distributed among the staff of all undertakings in proportion to the of base salary, without any additional, without prejudice to the provisions of paragraph (o).

(o) Notwithstanding the provisions set out in the headings (h), (i), (j), (k) and (n), to the concept which they refer to as the basis for calculation, the supplement shall be added by experience in cases where the latter is applicable in accordance with the rules contained in this General Convention, without prejudice to the provisions of this Convention in the fourth transitional provision.

The basic salary to be taken into account for the participation in premiums will be that fixed by the basic salary table for each salary level, taking as a reference to these effects the salary base of the salary level 1 for the staff of the professional group 0.

p) The premium share for the financial years 1996, 1997 and 1998 shall be carried out in accordance with the basis of the transitional provision fourth number 4.

2. By agreement between the legal representation of the employees and the company, other systems with similar purposes may be established, including the pro-rata among the fifteen pages within the year.

The changes which, if any, could take place will have always been to respect the principle of neutrality in costs and remuneration referred to in the first transitional provision, as well as, in any case, the principle of equity in the new regulation that originates. In any event, in order to ensure that such systems can be implemented with appropriate guarantees and rationality, the Joint Commission of Interpretation of the General Convention may provide general guidelines or guidelines. Once the relevant agreement has been reached at company level, the parties will forward their content to the Joint Committee for information.

3. The previous regulation will be without prejudice to other systems already agreed upon by the Collective Agreement at the enterprise level, provided that the remuneration system of the same improves in its entirety and annual computation the globality of the remuneration system here established, and respect the principle of equity referred to in the preceding number 2.

Article 40. Extraordinary pagas.

1. The base salary table comprises twelve ordinary and three extraordinary pages of June, October and Christmas, that is, in an annual calculation of fifteen monthly payments, regardless of the participation in premiums.

2. The staff present on 1 January will receive the total of these three extraordinary monthly payments.

The staff entering or leaving the year will receive the above extraordinary amounts in proportion to the service time provided during the year in question.

Article 41. Complement of individualized adaptation.

1. The following concepts which, from the remuneration structure prior to the entry into force of this General Convention, are definitively extinguished are subject to remuneration:

Age and permanence.

Economic Assimilation to the top category by age.

Specialization uses (upper grade, middle grade, Language Insurance Schools).

Plus assistance, punctuality and permanence.

Currency bankrupt.

Special supplement Convention 1977.

ad personam add-on " derived from the Protocol-Convent.

2. The amounts which, if any, were to be received by such concepts upon the entry into force of this General Convention, shall be integrated into the individualised adjustment supplement, which is set out as a remuneration supplement (a) the total amount resulting from the sum of the amounts to be collected by the abovementioned concepts at 31 December 1996, resulting in a single salary supplement, in accordance with the rules laid down in the Transitional provision third, payable in fifteen monthly instalments.

3. The adaptation complement, once quantified, will evolve as determined in collective bargaining.

4. Within the meaning of this Convention, the adjustment supplement may be absorbable and compensable only on the basis of the provisions laid down in Article 44 (B).

Article 42. Plus inspection.

Enjoy the same, in attention to the work done, the inspection personnel in tasks of production, organization or administrative technical inspection that habitually performs outside the office of the company (i) the need to ensure that the necessary measures are taken to ensure that the necessary measures are taken.

The amount of this plus is fixed in 198,045 pesetas per year for 1996 and 202,006 pesetas per year for 1997, for inspection personnel performing their duties outside the usual place of residence; or 99,030 pesetas per year for 1996, and 101,010 pesetas per year for 1997, for which it performs its function in the place of habitual residence. For 1998 the amount of the plus is calculated in the following amounts for each modality of the referred to, respectively, 206,000 pesetas annually and 103,000 pesetas annually.

The plus, in both modalities, may be absorbed by other remunerations of any kind, fixed or variable, or by any kind of voluntary improvements, agreed or agreed in the future, except allowances and expenses of locomotion, If the total of the additional remuneration and improvements does not reach annually the amount of the plus in each modality, the entities must supplement up to the limit of the plus, according to the appropriate modality.

SECTION 2. WAGES AND OTHER ECONOMIC CONDITIONS

Article 43. Economic conditions for 1996.

In 1996 the wage increases will be applied in a differentiated way to the basic salary and the rest of the economic concepts in the following terms:

1. Wage table: The salary table in force at 31 December 1995, revised, will increase by 4.5 per 100, resulting in the salary table applicable in 1996, as set out in Annex II, Table 1.

2. Other economic concepts: The amounts for the economic concepts listed below, from legal regulations which are no longer valid, will be increased by 2.5 per 100, applied to the amount they have in each case at 31 December 1995. These concepts shall be as follows, in so far as they are received at the date indicated:

Seniority and permanence (from the missing article 32 of the Labour Ordinance).

Assimilation to the top category by seniority (Article 14 of the Convention 1991-1992).

Specialization uses (Article 15.2 of the Convention 1991-1992): of a higher degree, of a middle grade, of the Professional Schools of Insurance, of Languages.

Currency bankruptcy (Article 24 of the Convention 1991-1992).

ad personam complement to the Protocol (provision second B).

Plus of residence (additional provision of the Convention 1991-1992).

3. Other economically quantified concepts:

Plus assistance, punctuality and permanence (Article 15.3 of the Convention 1991-1992): It is established in 184 pesetas.

Allowances and costs of locomotion: According to the rules and amounts laid down in Article 46 for the year 1996.

4. Effects: The economic conditions laid down for 1996 in the words expressed will produce their effects from 1 January to 31 December 1996, in respect of all staff on the date of signature of the Convention.

Article 44. Economic conditions for 1997.

1. In 1997, the implementation of the new remuneration system as laid down in this Convention shall be carried out. This will be done by following the following guidelines and rules:

A) In the first phase, the agreed wage increases for 1997 will be applied in a differentiated way on the basic salary and on the rest of the economic concepts in the following terms:

1. Wage table: The wage table in force at 31 December 1996 will see an increase of 4 per 100, resulting in an application wage table in this first phase for 1997, as set out in Annex II, Table 2.

2. Individualised adaptation complement: Once the adjustment supplement provided for in Article 41 and the third transitional provision of this Convention is first set up, an increase of 2 per 100 shall apply. This is the result of the individualised adaptation complement for this first phase of incorporation of the new remuneration system.

3. Other economic concepts:

Plus inspection: The amounts set out in Article 42 are quantified for 1997.

Plus of Residence: Once quantified according to the forecasts of the third additional provision, it will increase in the same percentage as a percentage established in the number 2 for the complement of individualized adaptation.

Allowances and costs of locomotion: According to regulation and the amount set out in Article 46 for the year 1997.

B) In a second phase, the new wage table 1997, set out in Annex II, Table 3, should be incorporated, for which, once the salary increase set in subparagraph A has been applied and the wage increase has been completed, the The integration of staff from the old categories into the new professional groups and retributive levels, will proceed to the implementation of the new salary table mentioned that incorporates for 1997 the basic salaries corresponding to the new assigned salary levels, operating to this effect as follows:

In order to reach the new basic salary table of the assigned salary level, it will automatically operate the compensation of the adjustment supplement regulated in Article 41, absorbing it in the amount necessary, until arriving to the new basic salary.

If as a result of the absorption practiced, the aforementioned adaptation complement will be consumed in its entirety without reaching yet the new salary of the table, will then proceed the compensation of eventual improvements (a) voluntary participation in each case, by absorbing them as far as is necessary to complete the new basic salary of the assigned level; in accordance with the provisions of Article 4 of the Convention.

2. The economic conditions laid down for 1997 in the terms expressed will have their effects since 1 January of this year, in accordance with the gradual application of the new system in the light of important developments in the are produced.

Article 45. Economic conditions for 1998.

1. In 1988 the agreed wage increase will be applied on the salary table of basic salaries and on the basis of experience in the following terms: the salary table in force at 31 December 1997, called "New salary table of basic salaries". For 1997, it will see an increase of 3.5 per 100, resulting in the salary table applicable in 1998, as set out in Annex II, Table 4.

The same percentage of increase will be applied to the table of amounts per experience in force at 31 December 1997, thus resulting in the table of experience applicable in 1998, as set out in Annex II, Table 5.

2. The non-variation in 1998 of the concepts complemented by individualised adaptation and plus of residence, is a consequence of the objective of the parties to strengthen during the term of the present Convention the base salary within the structure (a) remuneration, and such circumstances shall not affect the treatment or future development of such concepts in the forthcoming Collective Agreements.

3. Effects. The economic conditions agreed for 1998 in the terms expressed will have their effects since 1 January of that year.

SECTION 3. ALLOWANCES, SUDS, AND OTHER CONCEPTS

Article 46. Allowances and expenses for locomotion.

Minimum locomotion diets and cats are set as follows:

1. The amount of the diet when the employee stays outside the place of his habitual residence shall not be less than the following amounts for each of the years of validity of the Convention: 8,900 pesetas for 1996 and 9,200 pesetas for 1997.

When you do not stay away from the usual place of residence, the diet will be: 1,760 pesetas for 1996 and 1,800 pesetas for 1997.

In 1998 the parties will set the amounts corresponding to the full and average diet for that year, which will be released through the Joint Joint Committee.

2. As regards the costs of locomotion, when the journey is carried out according to the company, in vehicle owned by the employee or inspector, the minimum cost of the journey on the route previously approved by the company, will be calculated, from 1 January 1996 at the price of 30 pesetas per kilometre.

For the successive years of the Convention, the parties will set the amount of the price of the kilometer to be released by the Joint Commission.

The companies will pay the costs of locomotion effectively caused by the efforts made outside the offices of the company, provided that any means of collective transport are used and are carried out according to with the planning of the same ones that the company determines to the effect.

Article 47. Economic aid for housing in the case of relocation.

Unless the undertaking has established or establishes another system of aid which improves on a global basis the regulated here, the economically evaluable aid referred to in Article 34 of the Convention in its number 5, in order for the worker to get housing in the city to which it would have been moved, is concrete in the following terms:

In the case of transfer to populations of up to one million inhabitants, the transferred employee will receive a housing aid of 30,000 gross pesetas per month during the first year of the transfer.

If the shipment occurs to populations of more than one million inhabitants, or to Ceuta, Melilla, Balearic Islands or the Canary Islands, the amount of the aid will be of 40,000 gross pesetas per month also during the first year of shipment.

Article 48. Uniforms and garments.

Depending on the tasks to be carried out, or the characteristics or the need for the job to be performed, the company shall provide the staff with the appropriate work and/or protection under these circumstances, decide on the type of garments to be used, which will be based on the services performed.

These garments will be delivered with a two-year periciodicity for those that have a continuous and permanent use character in a full-time regime. In the other situations, such delivery shall be carried out with the expert sufficient to ensure the good decorum, personal presence and, where appropriate, security, of this collective, without prejudice in all cases of rights acquired at the level of company and of those stipulated in the legislation in force.

SECTION 4. SPECIAL ASSUMPTIONS

Article 49. Companies in a situation of deficit or loss.

In accordance with the provisions of Article 85 (2) (c) of the Staff Regulations, as provided for in Article 82 (3), (2) and (3) of the Staff Regulations, they are laid down in Article 82 of the Staff Regulations. the following conditions and procedures for which the wage regime laid down in the General Convention may not apply to undertakings whose economic stability may be damaged as a result of such an application.

1. In order to achieve the necessary economic stability, the percentages of wage increases that are agreed for each year will not be necessary and must be applied to those companies that credit, objectively and reliably, situations of deficit or loss held in the accounting years corresponding to the two years preceding the year in which the salary increases referred to are concerned.

2. In these cases, the parties will be moved to determine the increase in wages.

3. In order to benefit from the system of inapplication set out in this paragraph, undertakings must inform the representatives of the employees of their intention to do so within 15 days of the publication of the Convention in the Bulletin State Officer. "

4. In the light of the causal object of the system of non-application governed by this Article, it shall not be allowed to operate when, with the same consequences for the situation of the undertaking, the amount of the wage increases inapplicable be the subject of absorption by application of Article 4 of this Convention with the requirements and budgets regulated therein.

Only after this possibility has been exhausted will the process be initiated for the possible application of this clause in the portion of the salary increase not exhausted by the absorption.

5. In order to assess this situation, and whether or not to apply the regulation here, account will be taken, inter alia, of circumstances such as the insufficient level of production and sales and the data resulting from the accounting of the companies, their balance sheets and their profit or loss accounts.

6. In the event of a discrepancy in the assessment of such data, the audit or audit report may be used, taking into account the circumstances and the size of the undertakings.

7. On the basis of the recruitment unit in which they are included, the companies which claim these circumstances must submit to the workers ' representation the precise documentation (Balances, Results Accounts, and, in their Case, report by Auditors or the Audit Board) to justify a differentiated wage treatment.

8. In this sense, in those of less than 25 workers, and according to the economic costs that this implies, the report of Auditors and Jurors of Accounts will be replaced by the documentation that is accurate within the one indicated in the Previous paragraphs to demonstrate, in the event, the loss situation.

9. The legal representatives of the employees are obliged to treat and maintain in the largest reserve the information received and the data to which they have had access as a result of the provisions set out in the preceding paragraphs, observing, This is a matter of professional secrecy.

10. In any event, the undertakings which claim to be in the situation which may give rise to the application of the system in question shall, within 20 days of the publication of the Convention in the Official Gazette, communicate this. ", to the Joint Commission of Surveillance and Interpretation of the Convention, accompanying a copy of the communication made to the representation of the workers in the company for the beginning of the negotiation.

11. If agreement is reached in the negotiations between the company and the workers ' representation, it must be communicated to the Joint Committee on Surveillance and Interpretation of the Convention.

12. By default of agreement at the level of an undertaking within two months of the publication of the Convention in the "Official State Gazette", the parties shall forward to the Joint Committee on Surveillance and Interpretation of the Convention the necessary documentation for the Commission can decide on the discrepancies arising in the negotiating process developed at the company level.

The Joint Committee, once it has tried unsuccessfully to mediate the agreement at the company level, will decide on the new wage conditions applicable, if any, to the situation raised.

13. The undertaking which, having completed all the budgets and formalities of this provision, shall have received the system of inapplication provided for and, after the end of the financial year corresponding to it, shall continue to be in a position of deficit or loss, to comply with the procedures and procedures for applying the possibility of non-application in the new financial year, and in other cases the application of the economic conditions laid down in this Convention.

Article 50. Budgetary constraints on the Mutual Working and Occupational Diseases of Social Security Accidents.

With regard to the specific sector of the Mutual Working and Occupational Accidents of Social Security, given the budgetary constraints that frame their activity, they will apply the remuneration. and economic conditions to be laid down in the corresponding remuneration agreements, provided that they mediate the authorization they request from the Ministry of Labour and Social Affairs, irrespective of the legally established authorisations.

Article 51. Character of the economic conditions here regulated.

The economic conditions covered by this Convention, which are valued as a whole and annually, have the character of minima. Through collective bargaining at the enterprise level, more favourable conditions may be negotiated according to their specific circumstances, while respecting this set and annual calculation of the regulated here.

CHAPTER VII

Working Time

Article 52. Working time and distribution.

1.1 The maximum working day in annual computation will be one thousand seven hundred and fifty hours of effective work.

1.2 The hourly distribution of the annual working day set out in this Convention may be carried out in an irregular manner throughout the year, respecting the minimum daily and weekly rest periods provided for by law.

2. This number of a thousand seven hundred and fifty hours shall be deemed to be limited to the one that actually corresponds, if there was previously a agreed, agreed or enforced day at the level of the workplace or undertaking which, before it enters into force This Convention shall provide for an annual calculation of less than that quoted, and in any event, with respect to any acquired rights, and regardless of whether the hourly distribution is maintained or varied.

3. In the case of sickness, accident, permits or breaks provided for in the legislation in force or in the present General Convention, in the number of one thousand seven hundred and fifty hours may be required by undertakings, Suspension of contract of employment.

4. The working timetable will be as follows:

Every month of the year, except May to October, eight to fifteen hours, Monday through Saturday, inclusive. Months of May, June, July, August, September and October, from eight to fifteen hours, from Monday to Friday, both inclusive.

For the purposes of not exceeding the annual calculation of the day, in each company it will be adapted to increase, if necessary, the number of Saturdays of vacation.

5. By way of derogation from paragraphs 2 and 4 above, other different time distributions, continued and/or items, may be agreed at company level by collective bargaining through agreement or agreement, in accordance with the following: guidelines:

The reference times for the entry and exit of the job will be eight and seventeen thirty hours, respectively, with the possibility of applying an hourly flexibility from the time of entry and exit of thirty. minutes.

The meal time may not be less than one hour.

In case of compensation for food, it would be at least 900 pesetas per day worked on a day basis, without prejudice to any compensation that in these cases were established or could be established. For 1998 the equivalence is in 950 pesetas.

Always taking care of the organizational and functional characteristics of the company, it will tend to establish the continuous day of eight to fifteen hours, for the Fridays and the summer period, as well as the book of all the Saturdays of the year.

The hourly distribution of the day, by itself, may not result in a decrease in the annual amount due in accordance with the number 1 above.

In those cases where, according to the provisions of this Article, there is a change in the timetable for which a co-existence of different schedules, the worker, will result for a maximum period of six months. months since the change took place, you may apply for reinstatement to the previous general day, if you still exist in the company. Such a request may be made after the expiry of that six-month period if the worker needs justified, unique and serious needs.

6. Where part-time work is carried out, the economic and labour conditions arising from this General Convention shall also be adapted proportionately.

Article 53. Special assumptions.

1. Taking into account their special characteristics and the functional need for adaptation for adequate assistance, care and service to the insured and client, in the companies or branches of travel assistance, deaths, health centers or dependencies, IT services, maintenance personnel, security guards, and other analogues, may be agreed by negotiation with the legal representation of the workers, different time distributions from the higher regulated ones. The time differentiations thus agreed shall be related to the personnel, department or center affected by such service.

2. In any case, the conditions and minimums laid down in the work regulations on special working days will be respected.

Article 54. Peculiarities of the Mutual Work and Occupational Diseases of Occupational Safety and Occupational Diseases.

1. In those health centres of the Mutual Insurance and Occupational Safety and Occupational Diseases (occupational diseases) in which an annual calculation of more than that laid down in this Convention for the entire sector was exceptionally maintained, it shall be adjusted to the rest of the workers in the sector by means of formulas agreed with the workers ' representatives, provided that the coverage of the services of the various work shifts is guaranteed.

This measure will entail the proportional adjustment of the remuneration to the effectively developed day.

2. In view of the special characteristics of the care centres of the MATEPSS, whose operation is required by the needs of the insured collective, the staff assigned to these centres will be able to develop their functions within the period between eight and twenty-two hours, respecting the limits of daily working hours and taking into account the current situations of legal working time that it is developing.

Days that may be agreed upon with the entry into force of this Convention shall be in accordance with the provisions of this Convention.

In no case shall the annual day be higher than the maximum established in general in this Convention.

If at the time of the entry into force of this Convention there were any non-timeslot employees, whose day was performed under the modality of more than two instalments, this would be reduced to two, by means of the corresponding wage reduction or other arrangements agreed between the employees ' representatives and the company.

In the specific cases of those care centers whose activity must necessarily be developed during the twenty-four hours of the day, prior agreement between the center's management and the legal representation of the workers, the system of work shall be established at fixed or rotating shifts, favouring, as far as possible, the permanence of each worker in a stable manner on a given shift.

3. In the cases of accidents at work and occupational diseases of the social security system, which have hospital centres whose activity is carried out in shifts of tomorrow, evening and evening, without prejudice to current situations and, after agreement between the Directorate and the legal representation of the employees, such shifts may be of a fixed or rotating nature, favouring, as far as possible, the permanence of each worker in a stable manner in a given shift.

Workers who take fixed night shifts will have the right of preference, according to seniority in the night shift, to fill vacancies or new jobs that occur on day shifts, provided that the the organisational needs of the centre so permit and the applicants possess the appropriate skills for the vacant post, all without prejudice to the provisions of Article 36.4 of the Staff Regulations.

4. The Directorate of the Mutual Fund, taking into account in each case the organisational needs of the respective hospital centres, shall, where appropriate, carry out a fair distribution of the rotating calendar of Sundays and holidays with regard to the staff of the staff. (a) fixed, after it has been communicated to the employees ' representatives, who may make the arguments they deem appropriate.

Guards that do not require the physical presence of the worker, although if they are available in an emergency (located guards), they will be compensated by agreement at the level of Mutua.

Article 55. Holiday Insurance Day.

It is declared a public holiday, for work purposes, on the 14th of May, when the Day of Insurance is celebrated, and it is possible to transfer its enjoyment to a different date if it is agreed at the company level.

The consideration of such a day as a public holiday shall not be liable to be a minoride to the annual calculation of the day set out in Article 52.

Article 56. Overtime.

1. They shall have the consideration of overtime, which shall be carried out on the maximum duration of the ordinary working day.

2. Unless otherwise agreed, overtime shall preferably be offset by rest time, at a rate of at least equal to the value of the ordinary hour, with the aim of not being prejudiced by the normal operation and organisation of work. Such compensation shall be made by means of rest, unless otherwise provided for by the parties, within four months of the overtime.

3. For reasons of employment policy, it is agreed that in no case shall the value of the extraordinary hour be greater than the value of the ordinary hour, when the remuneration of the ordinary hour is chosen.

4.1 Nature of overtime. Criteria:

(a) Extraordinary hours by force majeure, required by the need to repair claims or other extraordinary and urgent damages: Realization.

b) Extraordinary structural hours, required by orders or peak periods of production, unforeseen absences, shift changes, unanticipated incidents or other structural circumstances arising from the activity of undertakings falling within the scope of this Convention: Maintenance, provided that the use of the various forms of temporary or partial procurement provided for by the law does not apply.

4.2 Night work: In any case, overtime work is prohibited in night work, except for the provisions contained in the regulations on special working days.

5. The Company's Management will report monthly to the Enterprise Committee, Staff Delegates and Trade Union Delegates on the number of overtime hours, specifying their causes and distribution.

Also, according to the above typology and the information received, the company and the legal representatives of the workers will determine the nature and nature of the overtime.

6. The contribution of overtime shall be made in accordance with its different nature, in accordance with the rules applicable to social security.

Article 57. Holidays.

1. The staff affected by the General Convention, present on 1 January of each year, shall enjoy within the same 30 calendar days for annual leave.

2. Such holidays may be split up to three periods, at the request of the employees and after agreement with the undertaking, without prejudice to the fact that at the level of the undertaking was agreed or its computation was agreed on working days for the alleged fractionation.

3. In no case shall the distribution of the holiday period be liable to prejudice the calculation of the annual working day of one thousand seven hundred and fifty hours of effective work.

4. The period or periods of enjoyment of the holidays shall be fixed by common agreement between the employer and the worker, preferably between 1 July and 30 September, inclusive.

The company may designate during the general staff holiday period a shift of approximately 25 per 100 of the total workforce, even though it may be higher in certain company organs, in order to maintain the services of the same.

The company will point out the jobs that must remain on the shift and will be met with employees who are practically trained to perform them voluntarily and, failing that, they will be appointed by the company. company, following the system of rotation among the employees who hold such capacity.

Employees who remain on duty will be able to enjoy their holidays at any time of the year.

5. At the enterprise level, a different holiday regime may be agreed, depending on the distribution and organisation of working time.

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

7. Those admitted after 1 January and those who cease before 31 December shall be entitled to the proportion of the holiday in accordance with the service time provided during the year to which they correspond. In the case of cessation before 31 December, the holiday shall be taken into account for the excess, compensating it by means of a cash deduction from the final settlement to be received by the person concerned.

8. Workers who in the course of the year in question are 60 or older and up to the age of sixty-five years will see increased holidays regulated in this article according to the following scale:

Sixty-sixty-one-year-olds: Two calendar days.

Sixty-two and sixty-three years old: Four calendar days.

Sixty-four and sixty-five years old: Six calendar days.

9. Where during the period of enjoyment of the holiday the worker initiates a situation of temporary incapacity for a period of more than 15 days, the days of leave shall not be taken into account for those who are not entitled to leave. the 16th of the discharge, depending on what is established by the Social Security legislation on benefits in this field.

10. Holidays may not be made up in cash, except in the case of a compulsory cessation of the preceding number 7.

Article 58. Permissions.

1. The worker, after warning and justification, may be absent from work, entitled to remuneration, for any of the reasons and for the following time:

a) By marriage of the employee, fifteen calendar days.

(b) Two days, of which one at least shall be work, extended for a maximum of one month without pay from the third day, in the case of child birth, a regime of reception, adoption, serious illness, surgical intervention and death of the spouse or relatives up to the second degree of consanguinity or affinity. Where, for that reason, the worker needs to make a posting to the effect, the time limit shall be four days, two of which shall at least be working.

It will be optional for the sick family member to determine whether or not the severity of the disease or the surgical intervention is serious.

c) One day per move of the usual address.

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

When the performance of the duty referred to above involves the impossibility of the provision of the work due to more than 20 per 100 working hours over a period of three months, the company may pass the affected worker to the situation of forced leave.

In the event that the worker for the performance of the duty or the performance of the charge receives compensation, the amount of the same of the salary to which he is entitled in the company will be deducted for the duration of the performance. of the duty or discharge of duty.

e) To perform trade union or staff representation in the legally established terms.

f) For the time required to attend examinations, with a maximum of three calls per subject and academic year, when studies are carried out to obtain an official title, related to the activity of the company, warning of the effect, in advance of forty-eight hours.

2. The days of paid leave covered by the preceding number 1 shall, in any case, be construed as natural days.

Such permits must be enjoyed on the date the situation arises, without being able to move them to immediate natural or working days.

3. Workers, for the care of a child under nine months, shall be entitled to a reduction in the normal working day in one hour, which may be divided into two fractions.

The provisions of the preceding paragraph may be applicable to the worker, provided that he is accredited by certification of the undertaking in which the mother works which the mother has not exercised in the same right as is regulated.

4. Those who, for reasons of legal guardian, have a direct care of a minor of ten years or a physical or mental diminished who does not carry out any other paid activity, shall be entitled to a reduction in the working day, with the proportional decrease of the salary between, at least one third and a maximum of half of the duration of that.

5. The worker, subject to notice and justification, may be absent from work for private matters up to a maximum of three days a year or, alternatively, twenty-one hours. In these cases, the hours or days that are to be enjoyed will be in return for recovery or for a holiday account, or without the right to remuneration, opting for a common agreement for any of these possibilities.

CHAPTER VIII

Exceed and Other Assumptions

Article 59. Surplus.

1. The suspension of the contract of employment for a given period of time shall be deemed to exceed, in accordance with the provisions laid down in the Staff Regulations and the following rules.

2. The surplus may be voluntary or compulsory.

3. The compulsory surplus, in accordance with the cases set out below, shall be entitled to the retention of the job and to the calculation of the age of its validity.

Forced leave will be granted to workers appointed or elected for the performance of a representative public office which makes it impossible for work to be assisted, and they may apply for their transition to the status of leave. workers exercising union functions at a provincial or higher level for the duration of the exercise of their representative office.

4. Under the terms of Article 46 (3) of the Staff Regulations, workers shall be entitled to a period of not more than three years in order to take care of the care of each child, whether by nature or by nature. for adoption from the date of birth of the latter.

5. The worker with at least one year's seniority in the one-year-old company has the right to be granted the possibility of being on a voluntary basis for a period of not less than two years and no longer than five years. This right may only be exercised by the same worker again if four years have elapsed since the end of the previous leave.

The worker in a voluntary leave situation retains only a right to return to vacancies of the same or similar level as there would be, or be produced in the company, without computing its duration for the purposes of presence. effective at the company. Your cause does not

may be the work or dedication to any activity of those included in the functional scope of this Convention.

6. Under Article 46 (6) of the Workers ' Statute, an assumption of a surplus will be set out below, which will entitle the job to be reserved.

The worker with at least one year's seniority in the company will have the right to be recognized as a surplus, the duration of which shall not be less than three months and not more than one year, provided that his cause is motivated by any of the following circumstances:

a) Need to care for the spouse or relatives up to a second degree of consanguinity or affinity, incapacitated by severe illness or physical or mental decline.

b) Need for medical treatment for rehabilitation or recovery reasons not included in a temporary disability situation.

(c) Realization of studies related to the professional role played or performed in the company, as well as their professional projection in the company. For this case the worker must be at least two years old in the company.

You will not be able to enjoy this excess, at the same time, more than 10 per 100 of the staff of a job center, or more than 10 employees of that center.

This surplus may not be reapplied for by the worker until three years after the end of the previous year.

7. In order to obtain any kind of excess, the employee must inform the company of his/her written request a month in advance, at least, to the date on which he/she should start taking effect. Likewise, upon termination, a one-month notice will be required so that the corresponding right to return to work can be made effective.

8. Undertakings in line with the provisions of Article 64.1 of the Staff Regulations shall provide regular information to the legal representation of workers on the relationship of workers in a situation of leave of absence and the period of the same.

9. If the position of the surplus worker is covered, it may be done by means of external procurement or internal supply.

10. For the purposes of paragraph 5 of this Article, it is understood that there is a vacancy when the company does not cover or write down the existing job.

Amortization occurs due to the concurrency of technical, economic, organizational or production circumstances that motivate it.

You cannot cover a position of the same level as the excess when your request for re-entry is submitted in accordance with the forecasts of the previous number 7, except that it is a position that you require for your performance. Professional specialties radically different from those of the surplus, could not be cared for by himself.

Article 60. Other assumptions.

1. In the case of suspension for the provision of the military service or replacement social service, the worker shall be entitled to return to the post of reserved work, and must be reinstated within the maximum period of 30 days. natural from the cessation in the service.

2. The deprivation of liberty, as long as there is no conviction, shall be deemed to be suspensory with the reserve of the job. In the event that this deprivation has to do with the employment relationship, the provisions of Chapter X on the legal order of faults and sanctions will be included.

CHAPTER IX

Social Forecast

Article 61. Supplementary benefits due to temporary incapacity or maternity.

When you are in a temporary disability or maternity situation and during that time, the company will pay your staff the difference between the benefit you receive from the General Social Security Scheme and the the salary which it would normally have to pay for its services, without this obligation being extended for more than 18 months.

In no case will the payment of the supplement in charge of the company during these situations be able to assume for the employee perceptions as a whole superior to those that would correspond to him to be providing his services normally.

Article 62. Life insurance.

1. The companies shall grant, for their sole charge, for the active employees a group insurance, temporary renewable form on an annual basis whenever there is a beneficiary designated by the employee, covering the risks of death and capital advance in cases of total permanent incapacity, absolute permanent incapacity or great invalidity for the following capital for all professional groups, 2.200,000 pesetas. This insurance will have a supplementary guarantee that grants the double capital payment (4.400,000 pesetas), for the case of death by accident, whether or not it is a job.

This coverage is guaranteed by hiring a policy for employees or by creating a self-insurance fund.

Once the insured capital has been anticipated on the grounds of permanent invalidity, the insurance that is regulated will have been met in respect of the worker declared invalid.

2. The insurance cover for the risk of death shall be extended for retired employees from 31 December 1996 until they are seventy years of age provided that there is a beneficiary designated by the employee on the terms of the The following: For an insured capital of 50 per 100 of the one that corresponded to you at the time of your retirement.

For retired personnel prior to 1 January 1997, the provisions of the seventh transitional provision will be in place.

3. This Article with the capitals and hedges it establishes shall enter into force and shall take effect after 30 days after the publication of the Convention in the Official Gazette of the State, and shall be extended until such time as its entry into force. the capital and hedges insured under the previous agreement.

Article 63. Retirement.

A) Economic compensation for life.

1. In order to promote an appropriate employment policy in the sector and to mitigate as far as possible the existing unemployment situation at a general level, from the date on which the employee is sixty-five years of age, he may choose to retirement or be determined by the company, with a lifetime economic compensation, in both cases in charge of the same, for the assumption that the pension or pension to be received from the Social Security System or other pension schemes (a) the minimum annual renewal allocated at the time of the year of the retirement, compensation consistent in such a case on the difference to equal such "renumeration".

For these purposes, "minimum annual renewal" means the equivalent of the following amounts for each of the following professional groups:

Group I: 80 per 100 of the salary level table base salary assigned at the time of retirement for 15 pages.

Group II: 95 per 100 of the salary level table base salary assigned at the time of retirement for 15 pages.

Group III: 115 per 100 of the salary level table base salary assigned at the time of retirement for 15 pages.

With proportional application in part-time assumptions.

For the professional group 0 will be taken into consideration for the professional group I, referred to the salary level 1.

In any case, if the pension of the Social Security to be received by the retiree is the maximum pension in force, it will not be possible to generate economic compensation in charge of the company.

2. If, for the absence of the necessary years of contribution, the Social Security pension does not reach 100 per 100 of the regulatory basis, in order to determine whether or not there is economic compensation in charge of the undertaking, it shall apply to the annual remuneration The same percentage was taken into account for the fixing of the Social Security pension.

3. The provisions of numbers 1 and 2 on the economic compensation for life in charge of the undertaking shall not apply to staff who are newly recruited from 9 June 1986, who shall be entitled to their retirement only if they are entitled to This is a time for you to recognize the general rules applicable to you. However, personnel who, as at 9 June 1986, are working with any undertaking within the scope of this Convention, shall retain the rights granted in numbers 1 and 2 of this Article. the circumstances expressed at the time of the new contract have been credited.

B) Economic compensation for retirement at the age of sixty-five years.

1. If retirement is requested by the employee in the month of sixty-five years, the company shall also pay a monthly allowance for every five years, with a maximum of 10 monthly payments, the maximum of which shall be the thirty years of service in the company in which the employee retires. If retirement occurs after the age of sixty-five years, the company shall not pay any amount, except where applicable, the compensation set out in numbers 1 and 2 of point (A) of this Article.

2. The monthly allowance referred to in paragraph B (1) shall be made up of the following concepts which, in each case, have been received: salary-level basic salary, experience supplement, adjustment supplement individualised and plus residence. All in so far as they are covered and regulated in this Convention and referred to the last month in which the employee retires.

(C) The regulation in paragraph A) refers to the current system for the calculation of social security pensions (Law 26/1985 of 31 July), so that, if such a system is to be amended by law, The Joint Commission will meet and, depending on the conditions that will differentiate the new regime from the current one will be carried out the economic criteria that regulates the present article to the new situation.

(D) The retirements taking place during the year 1997, for the purposes of the forecasts contained in paragraphs (A) and (B) of this Article, shall be made with reference to the concepts and remuneration structure of the application in the company on the date of the retirement.

CHAPTER X

Legal and sanctions management

Article 64. Definition and general principles.

1. Any action or omission involving an infringement or non-performance of labour duties arising from the provisions of this Chapter or from other existing rules of work, whether legal or contractual, is considered to be lacking.

2. Prevention: Policies for the management and development of human resources that contribute to the generation of adequate social climate will be promoted, providing, where appropriate, possible aid procedures in situations requiring recovery measures or rehabilitation.

3. The faults may be sanctioned by the Management of the company, without prejudice to the proposal that may formulate the legal representation of the workers, according to the graduation and procedures that are established in the following articles, respecting the law in force, and the legal principles that make it up:

Principle of legality and typicality: It is a general rule that the unlawful conduct and the sanctions to be imposed are established and determined on the basis of the Law (Article 58 of the Workers ' Statute).

Principle "non bis in idem": Avoid that the same facts can be punished more than once, without imposing sanctions that reduce holidays, worker's breaks or fine.

Principle of equal treatment and non-discrimination (Articles 14 Spanish Constitution and 17 of the Workers ' Statute).

Principle of proportionality and equanimity: Balance that must exist between the offending conduct, its consequences and the sanction to be imposed and the requirement of impartiality.

Principle of prior hearing in the form that is later regulated, in harmony with the provisions of Convention 158 of the International Labour Organization.

Principle of jurisdictional protection of rights: The penalties imposed by the company may always be challenged by the worker before the competent jurisdiction, in accordance with the procedure laid down in Article 114 and The following of the Labour Procedure Law.

Article 65. Graduation from the fouls.

Any failure committed by a worker shall be classified according to its importance or significance in light, severe or very serious:

1. Minor faults: All those carrying out due diligence or excusable neglect do not cause quantifiable damage within the scope of this ordination; among which the following must be considered:

a) From three to five unjustified punctuality faults in the one month period.

For these purposes, the following shall be considered as non-punctuality as such in the following Article 66:

(b) Abandonment of the post without a justified cause, even if it is for a short period of time, provided that the same does not result in serious injury to the company, since in such a case it would operate the consequent qualification.

(c) No prior notification or within 24 hours of the reasons for the absence to work, except in case of force majeure.

In jobs that are directly related to health care, the communication of absence will be made before the start of the working day, unless it is proved impossible to have done so.

d) The lack of assistance for a day's work in a month without proper authorization or cause to justify it.

For the purposes referred to in this Article, the incorporation into work shall be deemed to be non-attendance after the start of the day from the beginning 40 per 100 of the day in question.

e) Disattention and lack of respect or correction in dealing with colleagues or the public when it does not seriously damage the image of the company.

f) Neglect in the preservation of premises, material or documents of the company that produce damage to them.

g) Do not wear the full uniform on the working day, in those jobs that have been determined.

(h) Not to inform the company of the place of notification (or modification) of the official communications of the company, irrespective of the place of residence of the worker.

2. Serious misconduct: All those involving gross negligence or indiscipline, are liable to be quantifiable in the production process and/or are in breach of laws, regulations or conventional laws; including the following:

a) From six to nine unjustified punctuality faults in the one month period.

For these purposes, qualified as such in the following Article 66, on delays, will be considered to be non-punctuality.

b) Lack of assistance to two-day work within a period of one month without proper authorization or cause to justify it.

c) The omission or non-malicious processing or the distortion of data or communications that have a quantifiable impact on Social Security.

d) Disobedience to the orders of the superiors, as well as non-compliance with the specific rules of the entity.

e) The ill-treatment of work or word that is evident and a notorious lack of respect for other employees or the public, as well as the notorious attitude of sexual harassment.

f) The lack of grooming and personal cleansing when it is such that it affects the normal development of the work, the image of the company or produces justified and repeated complaint of the companions. Also, the lack of hygiene standards for health personnel that may pose a risk to patients.

It will be deemed necessary that there has been the prior warning effect.

g) Failure to comply with the statutory, regulatory or conventional obligations imposed on the worker in the field of occupational safety, occupational safety and health, where the same source of serious risk to the worker physical integrity or health of the worker himself, his colleagues, third parties, or for the company's facilities. Such conduct shall be classified as a very serious misconduct where the significance of non-compliance is such.

h) To carry out particular work during the working day, as well as to employ for own materials of the company without the proper authorization.

i) Unusual drunkenness or analogous situation arising from the consumption of psychotropic or similar products, revealed during the work.

j) The originating rines, bathrobes or serious discussions that hinder the normal activity of the company.

(k) The negligence, disinterest or inexcusable neglect in the provision of the service provided that it would result in serious injury to the company, persons or things.

(l) The breach or violation of must-reserve secrets that does not cause serious injury to the company.

(m) The abandonment of the job without a justified cause when, as a result of the job, the company's quantifiable damage is caused.

n) The recidivism in the commission of two or more minor faults of the same nature, or three or more of different nature, provided that they take place within a period of two months from the commission of the first and there would be Written warning or sanction on the same.

3. Very serious faults: All those involving conduct that adversely affect the production process and/or involve infringement of laws, regulations or conventions, among which the following must be considered:

(a) Fraud, disloyalty and the abuse of trust in the efforts entrusted to them.

b) The theft or theft, both to the company and to the coworkers or to any other person within the company's premises or during work anywhere else.

c) The simulation of disease or accident, as well as the simulation of the presence of another worker in the company. The same qualification will apply to the alleged non-existent cause allegation for obtaining permission.

d) Ten or more unjustified punctuality in the period of one month.

e) The lack of assistance to the three-day work within a period of one month without proper authorization or cause to justify it.

(f) Abandonment of work without justified cause, where a very serious injury to the company is caused as a result.

g) The breach or violation of the secret of correspondence or of reserved documents, or must-reserve data that produces serious damage to the organization and operation of the company.

h) The voluntary distortion of data and information of the company.

i) The usual drunkenness or drug addiction during the working day, without prejudice to the provisions of the chapter on safety and health at work.

It will be understood that drunkenness is common when they have previously mediated two warnings written by the same cause.

(j) Develop an activity on a self-employed or foreign account, which is in unfair competition with the business of the company.

(k) Acts of sexual harassment, with particular seriousness being considered to be directed at persons who are subordinate to insider trading.

(l) abusive acts in the exercise of command functions. The person who suffers it will immediately put it in the knowledge of the company's management, either directly or through the legal representation of the workers. In any event, the action of a superior who is an infringement of a legal precept with obvious and direct harm to the employee shall be regarded as an abusive act.

m) Disobedience to the orders of the superiors, as well as the non-compliance with the specific rules of the entity that involve a manifest of discipline or of them derive serious injury to the company.

n) The recidivism in the commission of serious misconduct, even if they are of different nature, provided that they take place within a period of six months from the commission of the first and have mediated sanction on the same.

Article 66. Delays.

For the purposes outlined in this legal order of faults and penalties, the delays in the entry to the work listed below will be considered as a lack of punctuality:

1. In the case of flexible hours: Any unjustified delay beyond the flexibility margins established for entry to work.

2. Where there is no flexible timetable: The unjustified delay in the time of entry of more than ten minutes.

The lower delays within the indicated ten-minute margin will not be qualified as a lack of punctuality, although this period will have the consideration of time due to work to the corresponding effects.

Article 67. Sanctioning procedure.

1. Legal regime.

1.1 The power to impose sanctions is the responsibility of the company's management, who shall exercise it in the manner set out in this Convention and in accordance with the provisions of the Workers ' Statute.

1.2 Within the jurisdiction of the legal representation of the workers in the company to make denunciation and/or proposal to the Directorate of the same one on facts or actions, in particular those behaviors that could involve abusive acts in the exercise of the functions of command, which are liable to be qualified as a fault, to the consequent effects.

1.3 In the case of serious and very serious misconduct, provided that the nature and circumstances of the facts so permit and the statutory time limits are not exhausted, the worker shall have four working days to reply to the communication made by the company on the facts that are imputed to it. After that period, the company shall, where appropriate, communicate the penalty imposed.

The time limit referred to in the previous paragraph shall be mandatory, thereby making it compatible with the provisions of the prescription.

Serious and very serious faults will require written communication from the company to the worker, stating the date and the facts that motivate it.

The worker, for his part, will have to sign the corresponding "knowledge", with the possibility to go in his defect to any other accreditative form of the reception by the worker of the communication of the company.

1.4 The imposition of penalties for serious and very serious misconduct will be notified to the legal representation of workers in the company.

1.5 Dealing with penalties for serious or very serious misconduct for workers affiliated to a trade union, and formally establishing this circumstance to the company, must be given prior hearing to the corresponding trade union delegate in the company.

1.6 In the case of serious or very serious misconduct by members of the Enterprise Committee, staff delegates or trade union delegates, the opening of the contradictory file in which they will be heard will be mandatory. interested, the Business Committee or other staff and/or trade union delegates.

The communication of opening of such a file will result in the beginning of the four-day period for the prior hearing, including the date, the facts on which it is based, and the normative infringement that it is accused of. In the course of this procedure, the appropriate arguments and evidence may be used and provided as far as their right is concerned. It could be extended up to ten more days if it were to be urged by the person concerned.

The contradictory file will be finalized, if any, the imposition of the penalty or the cancellation of the case will be carried out, understanding during the processing of the same suspended the deadlines for the limitation of the fault.

1.7 The worker may challenge the sanction that would have been imposed on him by application to the competent jurisdiction, in the terms governed by the Labour Procedure Act (Articles 114 et seq.).

2. Extra-judicial solutions: Without prejudice to the legal regime mentioned in the previous issue, the undersigned organisations consider it positive to deepen the possibilities of the procedures provided for in Chapter XIV of the Convention. General (Joint Committee).

In this regard, from the previous hearing, and whenever an agreement is expressed to the effect between the parties, they will be able to go to the procedures provided there.

Article 68. Prescription.

The company's ability to sanction will be prescribed for minor faults at ten days; for serious misconduct at twenty days, and for very serious ones at sixty days, from the date the company became aware of his committee, and, in any case, six months after he has been committed.

Now, in those cases where the fault is discovered as a consequence of the audit, the calculation of the time limits indicated above shall begin from the date on which the corresponding auditor's report is issued.

Article 69. Sanctions.

The maximum penalties that can be imposed in each case, taking into account the seriousness of the misconduct, will be as follows:

A) For minor faults:

Verbal admonition.

Admonition in writing.

Suspension of employment and salary of up to two days.

B) For severe faults:

Admonition in writing.

Suspension of employment and salary of three to 15 days.

C) For very serious faults:

Suspension of employment and salary from sixteen to sixty days.

Temporary disablement for promotion for a period of up to three years.

Disciplinary dismissal.

Article 70. Cancellation.

The faults that have generated sanction will be cancelled, to the consequent effects, when the following deadlines are met: The mild ones at six months, the serious ones at the eighteen months and the very serious ones at the thirty-six months.

The cancellation may, where appropriate, operate with shorter time limits, at the request of the person concerned and according to the circumstances.

CHAPTER XI

Safety and Health at Work

Article 71. General provision.

As many matters affect safety and health at work, the Law 31/1995 of 8 November, the Prevention of Occupational Risks, regulatory provisions for development and consistent rules will apply.

Article 72. Health surveillance.

Companies based on the risks inherent in the work will ensure that workers are monitored for their health status under the terms of the Law on the Prevention of Occupational Risks.

Article 73. Staff representation in the field of safety and health at work.

It will be in line with the Law on the Prevention of Labor Risks in respect of prevention delegates and health and safety committees.

The safety and health committee and the prevention delegates will have all the functions and responsibilities that the law attributes to them, and in particular, the prevention of occupational risks and reduction of the work accident.

Article 74. Specific prevention.

1. The staff who carry out their activity in radiology, radiotherapy and nuclear medicine, as well as staff working with equipment which will carry out these risks of ionizing radiation, will be provided with the elements of personal protection. which are necessary in accordance with the provisions and rules in force on occupational safety and health. These employees must be provided with individual radiation dosimeters to be controlled by specialised centres or entities, adopting, in the case of excess radiation, the precautionary measures they advise and those established in the the provisions in force.

The medical examinations and blood tests that are appropriate shall be carried out independently, with the periodicity to determine the provisions on the subject.

The safety and health committee, or, failing that, the legal representatives of the workers will have in this matter the competences that the Law of Prevention of Labor Risks and norms of development attribute to them.

2. As far as new IT technologies are concerned, as long as the official rules on the subject matter are not published, the undertakings, the safety and health committee or the representatives of the employees who carry out such functions, observe those preventive measures necessary to ensure that the conditions and means of work do not alter the health of the worker, facilitating the ergonomie measures sufficient to ensure that the working conditions of the staff The use of computer equipment does not particularly affect the health of the worker, such as as: Environmental luminosity, removal of luminous reflexes, anatomical and functional furniture, etc.

3. In addition to the provisions of the Act referred to above, the health centres and facilities shall be taken into account for specific areas which may be established or established by the authorities in each competent case.

Article 75. Training.

1. It is the criterion of the parties to the present General Convention that training in the field of prevention, in accordance with Article 19 of the Law on the Prevention of Occupational Risks, constitutes part of the training programmes and projects which are (a) to develop in enterprises as a complement to vocational qualifications and to promote awareness in this field at all levels of enterprise.

2. The Joint Committee on Surveillance and Interpretation of the Convention will analyse and assess possible sectoral initiatives to promote training in the field of prevention.

Article 76. Protection of maternity.

Without prejudice to the provisions of the Law on the Prevention of Occupational Risks, female workers in the state of pregnancy who perform their duties continuously using display screens or photocopier machines, they shall be entitled to the transfer of work at the same centre where they carry out their work activities, provided that the organisation of the work so permits. This change of post will not change the level of remuneration, nor does it detract from its economic rights. After delivery, the return will take place at the original destination.

CHAPTER XII

Trade union and collective representation rights

Article 77. Of the workers and their representatives.

1. In the context of Articles 7 and 129 of the Spanish Constitution and Article 4 of the recast text of the Staff Regulations, the participation of workers in the company is understood, as well as the different ways and procedures laid down in this General Convention.

2. Workers are entitled to the assistance and advice of their representatives in the terms recognised in the Law and in this Convention.

3. Workers in the same undertaking or working centre have the right to meet in an assembly in accordance with the provisions of Articles 77 et seq. of the TRET. In the event of agreeing with the company that the assembly takes place in working hours, the appropriate measures will also be agreed to ensure that its development does not harm the delivery of the service.

4. Workers ' representatives shall be understood as representatives of the Enterprise Committees, staff delegates and trade union delegates of the Trade Union Section (SSE), who shall have the powers, rights, obligations and guarantees identified for the by the Organic Law on Freedom of Association, Workers ' Statute and the General Convention itself.

Article 78. From the trade unions and the trade union delegates.

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

Trade unions, especially those with the most representative status, are basic and consumer-friendly elements to deal with the necessary labor relations between workers and entrepreneurs. All this without demerit of the powers conferred by the Law, and developed in the present agreements, to the representatives of the workers.

2. In order to ensure the full exercise of trade union freedom, the provisions of the collective agreements, the individual agreements and the unilateral decisions of the employer containing or without effect shall be null and void. (a) any discrimination in employment, in working conditions, whether favourable or adverse, by reason of accession or not to a trade union, to its agreements or to the exercise in general of trade union activities.

3. In the case of undertakings or, where appropriate, in employment centres with a staff of more than 175 employees, the trade union sections which may be set up by the workers affiliated to the trade unions which have a presence in the business committees be represented by a trade union delegate elected by and among its members in the company or in the workplace, in the form and with the rights and guarantees provided for in the Organic Law 11/1985, of 2 August, of Freedom of Association.

The trade union sections which may be constituted, in accordance with the provisions of the Statutes of a trade union, without meeting the above requirements, may also be represented by a trade union delegate, which will fulfil the functions of representing and defending the interests of the union to whom it represents, and of the members of the union in the company and serving as an instrument of communication between its central or union and the Directorate of the respective undertakings, without, where appropriate, the granting of the rights provided for by the delegates referred to in the previous paragraph, unless agreement at the level of the undertaking.

4. With the same criteria and procedures as those referred to in Article 79 (2), the trade union delegates of the same trade union with available credit shall be able to accumulate such claims.

Article 79. Of the Committees of Enterprise and of the Intercentro Committees.

1. They shall have, within the exclusive scope of their own right, the capacity, powers and guarantees that the Law and the present General Convention expressly determine at any time, as well as the obligations inherent in the performance of their duties.

2. They shall have the credit of paid monthly hours as determined by the Law. The legal credit of hours of the various members of the Business Committee and staff delegates may be accumulated up to 150 per 100 of those corresponding to each member. The undertaking shall be notified, through its representatives, for at least monthly periods, the person or persons in whom the said hours are accumulated, as well as for whom or who the accumulation is made.

At the company level, other accumulation criteria may be agreed, other than the limits set above, with the distribution and periodicity to be fixed in each case, by agreement between the representatives of the workers and the management of each company.

3. Without exceeding the legal maximum, the paid hours available to the members of the trade union representation may be consumed in order to provide for the assistance of the trade union representatives to training courses organised by their trade unions, training institutes or other entities.

4. In the case of an inspection by the Directorate-General for Insurance, which concluded in the minutes for a very serious lack of which questions affecting the future stability of the company's workforce, wholly or in part, could be deducted, the made known to the representatives of the employees by way of delivery of copies of the part of the minutes in which such matters are raised.

5. Based on the provision of Article 63.3 of the TRET, the establishment and operation of an Inter-Centres Committee may be agreed at the level of an undertaking, with a maximum of 13 members to be appointed from among the components of the various committees. Staff members and/or staff.

In the constitution of the Intercenters Committee, the proportionality of the unions will be preserved according to the electoral results considered overall.

The agreement on the establishment of the Inter-Centres Committee shall develop the aspects relating to its composition, operating costs and functions in relation to the provisions of this General Convention.

Article 80. Of the members of the workers ' representation in the Joint Committee.

Members of the workers ' representation in the Joint-Joint Commission for Interpretation and Follow-up to this Convention shall have the following powers:

1. Those specifically referred to in the present Convention for such representation and the derivatives necessary for their compliance.

2. The interpretation of the Convention, together with the business representation, and the monitoring of its implementation.

CHAPTER XIII

Employment Policy

Article 81. Employment policy.

The signatory parties are aware of the problem of existing unemployment and the need for and the possibility of addressing their different causes and consequences through active, healthy, active, sectoral and employment policies. stable, growing and competitive, taking into account the possibilities of our sector.

To this end, it is considered appropriate to adopt pre-visionary and planning methods that guide the policies of human resources in the enterprise. In this sense, the different ways of income in the insurance business, the jobs and their needs will be contemplated; the different ways of adjusting them to the needs of the companies and the ways of maintaining stability employment in the processes of transformation in companies in the sector. All this within the legal framework in force, with the utmost respect for the rights that both workers and employers have and without allowing any discrimination not authorized by law.

It will be in all cases to combine the interests of the parties, through the mechanisms of social dialogue.

Article 82. Promotion of employment from the General Convention.

Several clauses have been agreed in this Convention through which the aim is to promote the promotion of employment in the sector.

In this sense, the regulations concerning overtime, group IV of the system of professional classification, promotions and promotions, training, etc., should be reviewed, considering that the performances that come from these In addition to training, they play a decisive role in the stability of employment and in the dynamisation of professional careers, with a positive impact on employment within the sector.

It has also been considered appropriate to set up a working group from the Joint Commission, which aims to monitor, study and develop elements to promote employment promotion in the sector.

Article 83. General principles.

It is considered principles around which active, healthy, stable, growing and competitive employment policies should be rotated, the following:

Priority on stability and assurance in employment.

Respect for the regulatory and causality principles of temporary contracting.

Principle of non-discrimination on the basis of the nature of the contract.

Potentiation of recruitment in Group IV as a way of access to the professional career in the sector.

Rationality in the distribution of working time for the development of employment.

Adequacy of overtime hours for consideration of replacement by stable employment.

Article 84. Instruments of active sectoral employment policy.

The following application rules are set as the active policy tools for sectoral employment:

1. For the duration of this Convention, the undertakings concerned may not establish full-time employment contracts with staff who maintain a normal working relationship in another sector, or are in retirement, with monitoring by the parties to the implementation of the legislation on pluriemployment.

2. Companies may establish any type of employment contract legally regulated, with the preference of training and promotion contracts and promotion of employment, provided that the general budgets and specific rules of their own regulation, with particular reference to the rules on information, powers and rights of the legal representation of workers in this field.

3. Fraud of law in the field of temporary employment shall entail the legal consequences laid down for such an event, in particular the presumption that it has been concluded for an indefinite period.

4. In order to boost the workforce, by enhancing the professional career through training, the recruitment of young workers through the professional group IV will be promoted.

5. At the enterprise level and through the participation mechanisms provided for by law, the specific monitoring of the rules and guidelines set out in the field of employment policy will be carried out.

6. In such a context of social dialogue, the company shall inform, at the required intervals legally, the legal representation of the employees on the staff of the staff providing the service, with the expression of the necessary data and information. in order to know the situation of the workforce and the employment in the company, as well as its probable evolution. It will also report on the forecasts for the conclusion of new contracts, indicating the number of contracts and the contractual arrangements to be used, as well as on the subcontracting assumptions.

Likewise, during the month of January of each year, the company will provide the legal representation of the workers with the relationship and labor data of the staff in order to know their situation at the time.

7. An analysis of the situation and evolution of the most relevant aspects of labour relations and human resources in this sector is considered to be an annual and through social dialogue in the company. Convention.

8. The Joint Committee of the Convention shall have as distinct competence the monitoring of the degree of development and observance of the principles and rules laid down in the field of employment policy and, in particular, the development of employment in the sector. and its characteristics.

CHAPTER XIV

Joint Committee on the Convention

Article 85. Joint-Joint Committee.

1. Aware the organizations that are signatories of the desirability that, for the good climate of the social relations in the field, has the existence of adequate channels that facilitate the correct application and interpretation of the agreed-upon and, if necessary, the out-of-court settlement of labour disputes which may arise, and in accordance with Article 85.2 of the Staff Regulations, a Joint Committee on Interpretation and Follow-up to the Convention is hereby established which, without to deprive the parties of the right to use the administrative and/or judicial route which proceed, you will have competence to develop the following functions:

(a) Interpretation of this General Convention.

b) Monitoring for the implementation and development of such legislation.

(c) Mediation and, where appropriate, arbitration in those disputes which are voluntarily and jointly submitted to it by the parties concerned and which relate to the application or interpretation of the sectoral legislation referred to.

2. 15 members of the business representation and 15 other members of the representation of the employees, appointed by the respective employers ' and trade union associations which are signatories to the Convention, will be members of the Commission. as a result of its representativeness for the signature of the Convention. An equal number of alternates shall be identical with the same criteria. For 1998 the number of Commission Vocals, both holders and alternates, will be twelve for each representation.

The meetings of the Commission may be attended, with a voice but without a vote, by the advisers who, in each case, appoint the respective representations.

At each meeting, two moderators will be appointed at the beginning, one for the business representation and one for the representation of the workers, who will act jointly. Two drafters of minutes shall also be appointed, in the same way as expressed and with the same mode of action.

3. In order to facilitate its operation, the Joint Commission will approve the corresponding application models to promote its actions which will be the subject of appropriate sectoral dissemination. It shall also provide guidance on a model of submission clause for arbitration purposes.

4. The application for action by the Joint Joint Committee shall be formalised in writing in which the following shall be

:

a) The type of action that is required from among those attributed to you in the number 1.

b) Who or who request the action, with the necessary identification data (first and last name or social reason if it is a legal person); character with which it acts (worker, with indication of the company to which it belongs or (employer) and domicile.

(c) If the action required is not arbitration, the written statement must be signed by the parties in dispute, and the commitment, voluntarily assumed, to submit its dispute to the arbitration decision of the the Joint Commission, and to abide by it. The points or extremes submitted to arbitration and the positions and reasoning of each of the parties shall also be clearly stated.

The expenses that may arise as a result of this arbitration by the Joint Committee will not be passed on to the members of the trade unions present in the negotiations or to the entities associated with the negotiations. business representations equally involved in the same.

For the purposes of communications, the Commission will be located on the street Núñez de Balboa, 101, 28006 Madrid.

5. The agreements of the Commission shall in any event require the favourable vote of the majority of each of the two representations.

Reached the agreement and without it affecting its effectiveness and validity, may be incorporated into it the particular votes that could be issued by the dissenting representations with the adopted agreement.

In the absence of an agreement, the Commission may obtain the technical reports or advice it considers to be able to assist in the solution of the controversial aspects.

If the disagreement is to be subsist, the Commission will go to the mediation procedure or, where appropriate, arbitration which, in the light of the specific case raised, will be considered more appropriate for the solution of the dispute.

The Commission may designate one or more persons who may carry out the indicated tasks of mediation or arbitration for a specified period of time.

6. The decisions of the Joint Committee shall be issued in writing within one month from the date of the meeting in which the Commission has taken cognizance of the question submitted and which shall be the immediate meeting following receipt of the request. of the request for action. That period may be extended up to a further month when, due to the complexity of the subject matter raised or the need to carry out tests or checks on the subject, the Commission shall agree.

7. The request for action by the Joint Committee shall not deprive interested parties of the right to use the administrative or judicial route, as appropriate.

Now, in the case in which they have jointly and voluntarily submitted the dispute to the arbitration referred to in point 1.c) of this Article, the parties may not come to the judicial or administrative path, or to raise pressure measures or to declare collective conflict until the Commission has given its opinion on the question raised. This is without prejudice to the rules on prescription or revocation which apply to the case raised and which may in no way be affected by the request for arbitration.

8. The members of the workers ' representation in the Joint Committee shall have a credit of 100 monthly paid hours for the performance of their representation in the Joint Committee. The credit shall be 50 hours for the alternate members of the Joint Committee.

9. Powers of the Joint Committee on the implementation of the new wage and professional structures which the General Convention incorporates.

In addition to the powers referred to in paragraph 1 above, the Joint Committee shall, in particular during the transitional periods established, develop the relevant functions for the correct interpretation and application of the new structures, as well as for the homogenization of criteria in the application of the General Convention, assuming among its specific competences the solution of those conflicts and/or doubts that may arise in the business scope.

For this purpose the Joint Committee may collect any information that is accurate, by the channels that are appropriate for this purpose. It will also resolve queries and may act as a mediator or arbitrator, if the parties so request, in terms that have been left

exposed.

10. The Joint Committee will set up an ad hoc working group on employment, which will be entrusted with the study and analysis of its development and characteristics in the insurance sector, so that a policy can be pursued in the field of employment. active and healthy in this field. This group will be made up of three members of the business representation, and other members of the workers ' representation, appointed with equal membership criteria of the Joint Committee, by the respective associations. business and trade union signatories to the Convention. The members of the workers ' representation shall have a credit of 50 monthly paid hours for the performance of their duties.

11. In order to deal with the specific issues raised in the field of the Joint Committee's powers in the field of mutual occupational accidents and occupational diseases, they shall be appointed with the same powers. criteria for the composition of the Joint Committee, by the trade union organisations which have signed the Convention five representatives of the workers belonging to these entities, who will have their tasks carried out by a 100-hour credit. paid monthly during 1997, which will be 50 hours in 1998.

Additional disposition first. Previous situations in terms of working time and time.

For the duration of this Convention, undertakings which maintain a legal day other than that governed by Article 52, or do not meet the criteria laid down therein, shall adapt to the provisions of this Convention. contained in this General Convention, provided that it is chosen to agree at the level of the undertaking with the legal representation of the employees.

Additional provision second. On premium participation.

1. The staff with a special high-management employment relationship shall be governed by the provisions of their particular conditions of employment. In the event that they were to provide for a system of participation in premiums, the amounts which, where appropriate, would be precise for their payment, would not be deducted from the fund to be distributed among the employees.

2. In those direct insurance operations which are of a special nature as a result of the amount of the premium satisfied by a single transaction and the exceptional nature of the business in the business of the undertaking, only the corresponding premium amount shall be considered for the purposes of the premium to the threshold established, in accordance with the following paragraph, as a determining factor for the rating of the operation as special.

Having regard to these circumstances, at the company level, with the participation of the legal representation of the workers, the amount of premium from which an operation can be made will be specified for each financial year. to be classified as special for these purposes, depending on the elements which, in accordance with the preceding paragraph, characterise it.

Reached the agreement, the company will inform the legal representation of the workers about each of the special operations that are carried out, with the expression of the totality of the premium for that operation and, therefore, of the part of the same not subject to the general system of participation in premiums.

After the end of the term of this Convention, the parties shall analyse and assess the results of the practical application of this provision, the level of agreements reached in the field of enterprise, as well as, in the light of the conclusions obtained, whether or not to include them, in the same or different terms, in the next or successive General Conventions.

Additional provision third. Plus residence.

Both parties agree to the inclusion of this provision, in order to avoid in the future the discrimination that the plus of residence could take with respect to the rest of the workers of the sector and, equally, to try to increase the competitiveness of the firms concerned, which would lead to a more expansive employment policy, saving, in any case, the stability of the workers currently benefiting from the said plus, necessarily, they will continue to perceive it in the future.

The plus of residence is maintained for existing workforce workers at December 31, 1980, whatever their place of post-residence.

The amount of the plus of residence shall be determined for the purposes of the amount which the staff referred to in the preceding paragraph shall receive by way of such concept at 31 December 1996, increased by the same percentage to be determined to apply in each negotiation to the individualised adaptation complement.

Additional provision fourth. Legislative amendments.

If, during the duration of this Convention, new regulations are established that affect any matter of the regulated ones, both representations, at the request of any of them, will meet the object of analysis. the consequences and consequences that such reforms may have on the content of the Convention, if necessary by proceeding with the adaptation of the Convention in order to maintain the balance of the existing set before such reforms.

For the purposes of the references contained in this Convention to groups of undertakings shall be fixed in the relevant market regulation and its adaptation to the scope of work, without prejudice to the provisions of the preceding paragraph.

Additional provision fifth. Principle of safeguarding in the concurrency of Conventions.

1. The collective agreements in force on the entry into force of this General Convention will continue to develop their effects throughout the period of their validity; to their conclusion the parties legitimized for the negotiation at the company level or group shall decide what is appropriate for their interests, always bearing in mind the provisions of this General Convention and in particular the provisions of Article 7 on the articulation of collective bargaining.

2. The referrals which such business agreements contain to concepts, pages or additions to the previous sectoral remuneration structure which are now replaced and repealed by this Convention shall be construed as always made to the regulation, number or the amount they were covered by the previous sectoral rules.

First transient disposition. Clause guaranteeing the neutrality of the new structures in terms of costs and remuneration.

The application of the new structures incorporating this General Convention, both professional and remuneration, cannot, in themselves, lead to an increase in costs for the company over the agreed increases, or reduction of income for workers, whose remuneration as a whole and annual calculation, may not be reduced in such a way.

If the transposition of the new system of retributive levels would be necessary after the absorption mechanisms provided for the implementation of this system have been applied, and for some cases of certain professional categories, a In the case of an increase in the salary increase in the basic salary higher than the generally agreed increases for the years of validity of the Convention, these assumptions will be analyzed at the company level with the legal representation of the workers during the process of the application of the second transitional provision, seeking to temper the Time the implementation of this cost impact, and bringing this to the attention of the Joint Committee.

Second transient disposition. Implementation of the new system of professional classification.

The application of the new system of professional classification to the set of the template of each company, will be carried out according to the following procedure:

1. Following the criteria and guidelines set out in the General Convention and in the conversion table set out in Annex I-Tables 2 and 3, the company will present a reasoned project with the new classification to the legal representation of workers.

2. Within thirty days, the legal representation of the workers will give a reasoned presentation of their comments and proposals to the aforementioned project.

If the time limit is passed without the submission of claims, the undertaking's project shall be deemed to be accepted, and in a joint meeting, to which the minutes shall be drawn up, its application shall be determined.

If the company accepts the submitted comments and proposals, a new document will be drawn up, and in a joint meeting, to which the minutes will be drawn up, its implementation will be determined.

3. If the company does not accept any of the comments or proposals submitted by the legal representation of the employees, a period of consultations will be opened, during which the company's company and legal representation of the workers Workers will contrast their reasons in the search for the correct application of the provisions of the General Convention. If agreement is reached in the process of consultation, it will proceed in the same way as in the previous processes.

The period of consultations may be extended for a maximum period of up to forty-five days from the date on which the undertaking presents the draft classification.

4. The parties shall be guided in all cases by the criteria and contents of this General Convention and the annexed conversion table.

5. Without prejudice to the regulation contained in Article 85 on the powers of the Joint Committee on Interpretation and Follow-up to the Convention, the Commission may be consulted at any time in the procedure described. It may also be requested to be mediation or arbitration, in accordance with the provisions of the aforementioned precept, with the express clause of submission of both parties for the alleged arbitration.

6. The effective implementation of the new system will be carried out by 31 December 1997.

7. For the purposes of the conversion table in Annex I-Table 2, the administrative auxiliaries which, as at 31 December 1996, have completed ten or more years of stay in that category shall be integrated at level 6.

8. The classification of the health care auxiliaries at level 7, as set out in Annex I-Table 3, shall be carried out within two years of the signing of the Convention.

Transitional provision third. Configuration of the adaptation add-on.

1. For the purposes of determining the amounts of each of the concepts that are integrated and pass to configure the new individualized adaptation complement quantified in its annual computation, the following rules will be taken into account:

Seniority and permanence: The amount which, from the extinguished Labour Ordinance, the worker has received for such a concept of seniority and permanence in the ordinary pay of the labour, shall be integrated into the adjustment supplement. December 1996. This amount, for the purposes of inclusion in the annual calculation of the adjustment supplement, shall be multiplied by 15 ordinary monthly payments.

Economic Assimilation to the upper category by seniority: The amount which, from the regulation contained in the previous Sectoral Collective Agreement already repealed, the worker will be integrated into the adjustment supplement has been perceived by such a concept of economic assimilation in the ordinary pay of December 1996. This amount, for the purposes of inclusion in the annual calculation of the adjustment supplement, shall be multiplied by 15 ordinary monthly payments.

Plus of specialization: The amount that, from the regulation contained in the previous Sectoral Collective Agreement already repealed, will be integrated into the adaptation complement, the worker has received for such a concept of plus In the case of the case-law of the Court of Law, the Court held that, in the case of the Court of Law, the Court held that the Court of This amount shall be multiplied by 15 monthly allowances for the purposes of inclusion in the annual calculation of the adjustment supplement.

Plus of assistance, punctuality and permanence: The amount of the plus of assistance, punctuality and permanence from the regulation contained in the previous Sectoral Collective Agreement will be integrated into the adaptation complement. already repealed. For the purposes of their inclusion in the annual calculation of the adjustment supplement, it shall be understood as such a plus, for those entitled to it, an amount equal to the product resulting from multiplying the amount fixed for the plus at 31 December In 1996, by the number of daily working days in the company in general during the year 1996, with the consequent adjustment, if the worker was part-time.

Currency bankrupt: The total amount which, from the regulation contained in the previous Sectoral Collective Agreement already repealed, will be integrated into the adjustment supplement, the worker has received for the currency of the currency for the year 1996.

Special supplement to the 1977 Convention: The amount which, from the regulation contained in the previous Sectoral Collective Agreement already repealed, will be integrated into the adjustment supplement shall be included in the adjustment supplement. special concept 1977 in the ordinary pay of December 1996. This amount shall be multiplied by 15 monthly allowances for the purposes of inclusion in the annual calculation of the adjustment supplement.

ad personam supplement " derived from the Protocol-Protocol: The amount which, from the regulation contained in the Convention-Protocol of transition has already been repealed, will be integrated into the adaptation complement perceived by such a concept "ad personam" in the ordinary pay of December 1996. This amount shall be multiplied by 15 monthly allowances for the purposes of inclusion in the annual calculation of the adjustment supplement.

2. The annual computation of the individualized adaptation complement thus configured will be distributed for payment in fifteen monthly payments.

Transitional disposition fourth. Different situations on premium participation.

1. The companies subject to the minimum participation in Article 39 (i), in which, as a result of the recovery update carried out under the Protocol-Protocol of 8 July 1994 ("Official State Gazette" of the 26 August), the minimum to be paid from two monthly instalments, without any use, to a monthly and average monthly payment, without any of the use, without prejudice to the provisions of paragraph (o), shall henceforth pay this new minimum. However, if necessary, they will supplement it until the amount paid in 1994 for such a concept of minimum premium participation is reached.

2. On the basis of the amendment made by the Protocol of 8 July 1994 (Official State Gazette of 26 August) on maximum limits for the participation in premiums, a number of lower than the maximum number laid down in the (j) in Article 39, the distribution of the excess which may continue to be produced on the indicated limit shall be negotiated collectively at the level of the undertaking, with the option, at the request of either party, to be eligible for payment in accordance with the rules general of the precept. All this until the exercise in which that circumstance ceases to exist.

3. Notwithstanding the rules laid down in Article 39 (o), the participation in premiums in undertakings which, at the entry into force of this Convention, exceed the minimum participation in paragraph (i), shall be made by adding to the the basis for calculating the amount which the worker received at 31 December 1996 for the missing concept of seniority and permanence which had its origin in the repealed Labour Ordinance of the sector, amount to be maintained (i) to the effect of this Regulation.

4. Fertilisers which, in respect of premiums, are to be paid in 1997, resulting from the recovery in respect of the 1996 financial year, shall be effected in accordance with Article 39 of this Convention and concordant.

The salary tables and concepts to be taken into consideration as a basis for calculation for the purposes of the premiums for the financial years 1996, 1997 and 1998 will be as follows: For the financial year 1996, table in force at 31 December 1996 (Annex II, Table 1) and age existing on that date, as well as, where appropriate, economic assimilation to the higher category for such time. For the financial year 1997, the table in force on 1 January 1997 (Annex II, Table 2) and the age of 31 December 1996, as well as, where appropriate, economic assimilation to the upper class by seniority at the time. For the financial year 1998, the table in force at 31 December 1998 (Annex II, Table 4) and supplement by experience, as well as, for those companies which exceeded the minimum participation rates in Article 39 (i), existing age at 31% December 1996.

5. Undertakings which are subject to the minimum participation in Article 39 (i) shall henceforth pay premiums on the basis of the new concepts referred to in that provision, but shall, if necessary, supplement it. up to the amount paid for the 1995 financial year for such a concept of minimum premium participation in respect of the workforce as at 31 December of that year which, as a direct consequence of the change in its previous base of (a) calculation of these effects, reduced the amount received by the minimum for that financial year 1995.

Transient disposition fifth. Application of the new complement by experience.

The experience supplement provided for in Article 38 of the Convention shall be applied for the first time in 1997 to staff who are in staff on 31 December 1995, with the multiplier value 1, on the basis of the amounts indicated on the remuneration level in Table 5 of Annex II, for the year 1997.

Transitional disposition sixth. Pluses of the previous remuneration structure in the course of acquisition.

1. The staff who, as at 31 December 1996, were registered for obtaining the higher grade in one of the insurance professional schools, shall retain an expectation of entitlement to obtain, where appropriate, the economic consequences. of the missing plus of specialisation, in the terms laid down in Article 15 of the Collective Agreement of the sector 1991-1992, provided that the certificate or diploma of completed studies of that grade had been obtained at 31 December 1992. 1999.

2. The staff who at 31 December 1996 were in the course of acquiring the missing supplement 'economic assimilation to the upper class by seniority' for carrying at least four years of stay completed on that date in any of the the categories of persons entitled to his/her perception, will generate the remuneration consequences of the same, provided that he remains three years, until he has completed the seven years of the said supplement, at the same level of remuneration of equivalence to his previous category according to the appended conversion table, disappearing in case of passing to higher level.

3. The salary supplements which, if necessary, could be generated by the forecasts set out in the previous figures, will be integrated into the new remuneration structure, within the adaptation complement, with the regulation to the effect established for the same according to the nature of these concepts. The calculation shall be carried out in accordance with the table salaries in force on 31 December 1995, updated in accordance with the percentage increase which the individual adaptation supplement would have experienced during the subsequent years.

Transitional disposition seventh. Life insurance for retired staff before 1 January 1997.

The life insurance coverage of Article 62 for the risk of death shall be prolonged, for employees in a passive situation as at 31 December 1996, until they are seventy years of age, provided that there is a beneficiary designated by the employee, in either of the following two ways:

A) For an insured capital of 25 per 100 of the capital of which it was at the time of retirement.

B) By the same capital insured at the time of retirement provided that the employee is sufficiently accredited to the company which has at its sole expense any of the following family members, in addition to his or her spouse:

(a) Parents of the employee or their spouse, as long as they live with the employee and lack sufficient income. For these purposes, it is considered sufficient income for those who are perceived by the ascendants who, as a whole, are higher than 25 per 100 of the salary of a level 5, according to table by levels that rija in each moment.

b) Children under age, or who, even if they are older, are physically or mentally handicapped, and are completely prevented from working.

c) Nietos that coexist with him, orphans of father and mother, or only of one of them, when the other is incapacitated to work.

Transient disposition octave. Special payment on the occasion of the day of insurance for retired staff.

The present payment for the day of the day of the insurance is declared to be extinguished and will only be collected in the years 1997 and 1998 by the retired staff at 31 December 1996 at a level of 13,500 pesetas.

transient disposition ninth. Functional mobility of the Auxiliary in December 31, 1996.

The functional mobility within the professional group III, as set out in Annex I-Table 2, of the staff which, as at 31 December 1996, has been assigned the category of Administrative Aid, shall be governed by the general provisions in Article 22 of this Convention, although such mobility shall be related to administrative tasks and their related or complementary tasks, in accordance with their previous regulatory regulations, within those corresponding to that professional group.

Transient disposition tenth. Staff complement of the first responders at 31 December 1996.

The workers belonging to the category of first programme at 31 December 1996 will generate as a supplement of a personal nature which will henceforth evolve in the same way as their basic salary, and will enjoy their The same guarantees, the amount of 1.463 pesetas per month, which yield an annual calculation in 15 pages of 21.945 pesetas, amount that is generated by the difference between the agreed increases for the years 1996 and 1997 and the new basic salary allocated to the level of remuneration corresponding to that category under the new wage table 1997 . This supplement shall be taken into account together with his basic salary for the purposes of participation in premiums, and may only be absorbed by the basic salary of a new level, to the extent that it reaches, where a promotion or promotion at higher remuneration takes place.

Transient disposition eleventh. Personal complement of the actuaries and lawyers that are specified.

Those at 31 December 1996 were actuaries, lawyers or acting chiefs or heads of legal advice whose basic salaries would have originated by application of the orders of 1 June 1963 and 15 October 1975, no longer In accordance with the provisions of this Convention, it shall, in accordance with the provisions of the repeal of this Convention, provide an amount equal to the difference which, if appropriate, may exist between the previous basic salary and the new basic salary. corresponding to the assigned salary level of the new wage table 1997 (Annex II, Table 3). This supplement, with the same guarantees as the basic salary, will henceforth evolve in the same way as the adjustment supplement, in the form of premiums, and can only be absorbed by the basic salary of a new level, to the extent that a higher remuneration promotion or promotion takes place.

Final disposition first. Procedures for out-of-court settlement of disputes.

With a link to the competences of the Joint Committee on this matter, the parties express their willingness to have other systems of out-of-court settlement of institutionalised labour disputes at national or national level. The Autonomous Community may be applicable once the requirements and standards established for this are met.

Final disposition second. Social provision for optional staff of the MATEPSS.

The medical staff of the Mutual and Occupational Accident Mutuals who are affiliated with the Special Social Welfare System, National Health Insurance, for the purpose of signing this Convention. coverage of retirement, permanent invalidity and death and survival contingencies, will continue in that Special Social Security Scheme.

However, the option, which they will be able to exercise in a personal capacity, is maintained to replace such coverage through the General Social Security Regime.

Final disposition third. Repeal.

With the entry into force of this General Convention, the previous work regulations of a sectoral nature-Labor Ordinance and supplementary and development provisions and collective agreements-are completely lost. (a) which until then would have been applicable to undertakings falling within the fields defined in Article 1 (1) of the Internal Regime Regulations issued under or in respect of which they also lose their validity.

ANNEX I

TABLE 1

Professional classification system, professional groups

and pay levels

Professional Groups/Paid Levels

0/0

I/1

2

3

II/4

5

6

III/7

8

IV/9

10

TABLE 2

Transposing old categories

General equivalence criteria

Groups

professionals/Levels

Remuneration/Old Professional Categories

I/1/Top Chiefs

2/Top Subchiefs

Systems Technicians

Graduates 5 and older

3/Analysts

Section Chiefs

Third and fourth year graduates

Section Subchiefs

II/4/Titled first and second year

Programmers Analysts

Heads of Negotiation

Negotiated Subchiefs

Medium-grade Healthcare

5/First Programers

Console Operator

First Drill

Inspectors

First Officers

6/Second Programers

Preparing

Second Drill Holes

Peripheral operators

Second Inspectors

Second Officers

Concierges

Assistants of ten or more years

III/7/Office Officers

Drivers

collectors

8/Auxiliary for less than ten years

Ordinances

Cleaners

Artifice Helpers

Mozos

Porters and Ascensors

IV/9

10

TABLE 3

Sanitaria-MATEPSS Area

Structure by professional groups and retributive levels. Assignment of old categories and jobs

(general equivalence criteria)

Old Professional Categories

open and personal health I.

Security and Health in the Job/Groups

professionals/Levels

Remuneration/Old Professional Categories

I. closed health care

0/0

I/1/Director of Medical Services.

Head of Health Services. /Medical Director.

Head of Department.

2/Trauma Surgeon.

Specialist Doctor. /Head of Section.

3/Doctor of General Medicine.

Visiting Doctor.

Technical staff entitled above. /Deputy.

Pharmacist.

Psychologist.

II/4/Resident.

Chief of Nursing.

Nursing Supervisor (new).

Head of the (new) Physiotherapist.

Physical Therapist. /Fisotherapist.

Nursing Diplomat (DUE), ATS. /Nursing Diplomacy (DUE) ATS.

Occupational Therapist. /Occupational therapist.

Diploma in Social Work (Social Assistant). /Head of vocational training.

Technical staff entitled middle grade. /Diploma in Profession of EGB.

Diploma in Social Work (Social Assistant).

5/Professor of Physical Education.

Head of Maintenance. Kitchen, dining room and cafeteria.

6/Technical auxiliary staff. /Prosthetic orthopaedic technician.

Specialist technician.

Sewing, laundry and iron.

III/7/Ambulance driver.

Healthcare Auxiliary. /Maintenance manager.

officio officer.

Professional Training Monitor.

Occupational Monitor.

Driver.

Healthcare Auxiliary.

Physical culture monitor.

8/Celador or Mozo. /Celador or Mozo.

Trade Assistant.

Sewing, laundry and iron.

Kitchen, dining and cafeteria staff.

IV/9

10

ANNEX II

Table 1

Base salary salary table for 1996

Pay

monthly

-

Pesetas/Compute

yearly

-

Pesetas/Categories

Senior Chiefs (Medical Services Director and Medical Director)/184.037/2.760.555

Section Chiefs/138.471/2.077.065

Heads of Negotiation (Fiosiotherapist, Head of Nursing and Chief Vocational Training)/127.017/1.905.255

Graduates older than one year/150.048/2.250.720

Graduates aged less than one year/136,709/2.050.635

First Officers (Professor of Physical Education, Administrator, Head of Maintenance, Head Maintenance, Dining and Cafeteria Services)/117.223/1.758.345

Second Officers/97.428/1.461,420

Auxiliary/81.155/1.217.325

Concierges (Charge for sewing, laundry and iron)/98,468/1.477.020

collectors/89.091/1.336.365

Ordinances (Vigilante and Gorda Jurado)/81.155/1.217.325

Medium-grade Healthcare (Social Affairs, General Teaching Teachers)/121.234/1.818,510

Officers of the Office and Drivers (Prosthetic, Professional Training Monitor, Occupational Monitor). /92,736/1.391.040

Cleaning/81.155/1.217.325

Aid Assistants, Middle-grade Sanitary Auxiliary, Mozos and Peons (Celador, Physical Culture Monitor)/81.155/1.217.325

Building and ascestrist/81.155/1.217.325

Systems Technician/151.305/2.269.575

Analyst/140.300/2,104,500

Analist-Programmer/129,296/1,939.440

First/125,445/1.881,675 Programmer

Programmer second/107.291/1.609.365

Console operator/120.218/1.803.270

Peripheral operator/97,658/1.464,870

Drill-Recorder-First Verifier/117,465/1.761,975

Drill-Recorder-Second/97,658/1.464,870 Tester

Preparing/107.291/1.609.365

Note: In brackets, the assimilation to the corresponding occupational categories of the former jobs of the Occupational Accidents and Occupational Safety Diseases is included in the present table. Social, according to integration carried out at the time.

Table 2

Base salary salary table for 1997 (first phase)

Pay

monthly

-

Pesetas/Compute

yearly

-

Pesetas/Categories

Senior Chiefs (Medical Services Director and Medical Director)/191,399/2.870.985

Section Chiefs/144.010/2.160.150

Heads of Negotiation (Fiosiotherapist, Head of Nursing and Chief Vocational Training)/132.097/1.981,455

Graduates older than one year/156,050/2.340.750

Graduates with age less than one year/142.177/2,132,655

First Officers (Professor of Physical Education, Administrator, Head of Maintenance, Head Maintenance, Dining and Cafeteria Services)/121.912/1.828,680

Second Officers/101,326/1.519,890

Auxiliary/84.401/1.266.015

Concierges (Charge for sewing, laundry and iron)/102.407/1.536.105

collectors/92,655/1.389.825

Ordinances (Watcher and Juror)/84.401/1.266.015

Medium-grade Healthcare (Social Affairs, General Teaching Teachers)/126.083/1.891.245

Officers of the Office and Drivers (Prosthetic, Professional Training Monitor, Occupational Monitor). /96.446/1.446.690

Cleaning/84.401/1.266.015

Aid Assistants, Medium-grade Sanitary Auxiliary, Mozos and Peons (Celador, Physical Culture Monitor)/84.401/1.266.015

Building and ascensorist/84.401/1.266.015

Systems Technician/157.357/2.360.355

Analyst/145.912/2.188.680

Analist-Programmer/134.468/2.017.020

Programmer first/130.463/1,956,945

Programmer second/111.583/1.673,745

Console operator/125.027/1.875.405

Peripheral operator/101.565/1.523.475

Drill-Recorder-First Verifier/122.164/1.832.460

Drill-Recorder-Second/101,565/1.523.475 Tester

Preparer/111.583/1.673,745

Note: In brackets, the assimilation to the corresponding occupational categories of the former jobs of the Occupational Accidents and Occupational Safety Diseases is included in the present table. Social, according to integration carried out at the time).

Table 3

New salary table for salary-level bases for 1997 (second phase 1997)

Base Pay

monthly

-

Pesetas/Base Pay

yearly

-

Pesetas/Groups, levels

Group I:

Level 1/240,000/3.600,000

Level 2/203,000/3.045,000

Level 3/173,000/2,595,000

Group II:

Level 4/148,000/2.220,000

Level 5/129,000/1,935,000

Level 6/112,000/1,680,000

Group III:

Level 7/98,000/1,470,000

Level 8/86,000/1.290,000

Group IV:

Level 9/76,000/1,140,000

Level 10/68,000/1,020,000

Table 4

New salary-level salary table based on salary level for 1998

Base Pay

monthly

-

Pesetas/Base Pay

yearly

-

Pesetas/Groups, levels

Group I:

Level 1/248,400/3,726,000

Level 2/210.105/3.151.575

Level 3/179.055/2.685.825

Group II:

Level 4/153.180/2.297,700

Level 5/133.515/2.002.725

Level 6/115.920/1.738,800

Group III:

Level 7/101,430/1.521.450

Level 8/89.010/1.335.150

Group IV:

Level 9/78.660/1.179,900

Level 10/70,380/1.055.700

Table 5

ADD-ONS BY EXPERIENCE

Table 1997

Annual Amount

1997

-

Pesetas/Groups, levels

Group II:

Level 4/37,500

Level 5/28.500

Level 6/25.500

Group III:

Level 7/21,000

Level 8/18,000

Table 1998

Annual Amount

1998

-

Pesetas/Groups, levels

Group II:

Level 4/38.812

Level 5/29.497

Level 6/26.392

Group III:

Level 7/21,735

Level 8/18.630