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Resolution Of 20 June 1996, The Directorate General Of Labour And Migration, For Which Registration Is Available In The Register And Publication Of The Text Of The Collective Agreement State Level For Extractive Industries, Industries ...

Original Language Title: Resolución de 20 de junio de 1996, de la Dirección General de Trabajo y Migraciones, por la que se dispone la inscripción en el Registro y publicación del texto del Convenio Colectivo de ámbito estatal para las Industrias Extractivas, Industrias ...

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TEXT

Having regard to the text of the State-wide Collective Agreement for Extractive Industries, Glass Industries, Ceramic Industries and for Trade Excluded from the Same Materials (code number 9902045), which was signed on 11 April 1996, on the one hand, by the Spanish Business Confederation of the Glass and Ceramics, representing companies in the sector, and on the other, by the UGT and CC Trade Unions. OO., on behalf of the workers concerned, and in accordance with Article 90 (2) and (3) of the Royal Decree of 24 March 1995 on the recast of the Law on the Statute of the Workers, and 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, June 20, 1996. -Director General, Soledad Cordova Garrido.

STATE-WIDE COLLECTIVE AGREEMENT FOR EXTRACTIVE INDUSTRIES, GLASS INDUSTRIES, CERAMIC INDUSTRIES AND FOR THE EXCLUSIVE TRADE OF THE SAME MATERIALS FOR 1996, 1997 and 1998

Preliminary Provisions

First. Commission Negotiating. -This Collective Agreement has been negotiated by the Spanish Business Confederation of the Glass and Ceramics, in business representation, and by the Central Trade Unions CC. OO., UGT and IGC, representing workers.

Second. The collective agreement constitutes an organic whole and the parts are linked to its totality.

Third. Subsidiary Rules. -As not provided for in this Convention, the provisions of this Convention shall be subject to the provisions of the general legislation in force.

Fourth. The Spanish Business Confederation of the Glass and Ceramics and the Central Trade Unions CC. OO., UGT and CIG, parties legitimized in the negotiation of the present State Collective Agreement, agree that professional training, both continuous and initial, constitute a priority strategic value in the process of change economic, technological and social, in which both parties agree and to this end they will make the necessary efforts to promote their development.

CHAPTER I

Scope and application scope

Article 1. Territorial scope.

This Collective Agreement will apply throughout the Spanish territory.

Article 2. Functional scope.

This Collective Agreement is of general effectiveness and regulates working conditions among workers and companies belonging to the following activities:

a) Extractives.

b) Glass.

c) Ceramics.

d) The exclusive trade of the same materials.

This Collective Agreement does not affect the provisions of Collective Agreements of different scope, unless the parties concerned agree to accede to it.

Article 3. Personal scope.

This Collective Agreement is governed by the collective labor relations between the companies engaged in the activities already mentioned in the functional field and their workers.

The cases referred to in Article 1.3 of the Royal Legislative Decree 1/1995 of 24 March, for which the recast text of the Workers 'Statute Act (hereinafter referred to as' ET ') are adopted, are excluded from the personal scope. Staff linked to the undertaking by a special employment contract of Article 2 ET shall be governed by their respective regulatory decrees or individual contracts.

Article 4. Temporary scope. Duration and duration.

This Collective Agreement will enter into force on 1 January 1996 and will expire on 31 December 1998.

Articles 61, 83, 90, 97, 98, 99, 100 and 101 of this Collective Agreement, which reproduce text of Laws, shall in no case have a higher validity.

Article 5. More beneficial conditions and acquired rights.

The conditions laid down in this Convention are of a minimum and binding nature and, as the case may be, the most beneficial conditions which may exist in the undertakings concerned as a result of the individual or collective.

Article 6. Denunciation of the Convention.

This Collective Agreement will be extended from year to year, if, within three months before the expiration date, it is not denounced by any of the parties by written communication, of which the other party will acknowledge receipt, sending a copy for registration to the labour authority.

CHAPTER II

SECTION 1. PAY REMUNERATION

Article 7. Economic conditions.

From 1 January 1996 until 31 December of the same year, the increase for the year 1996 will be the real CPI plus 0.50 points, on the salary tables of the 1995 Collective Agreement, and all the concepts Remuneration.

The increase to be applied from 1 January 1996 will be the CPI provided by the government in the State Budget Law, that is, 3.5 per 100, regulating the differences that arise between the increase applied and agreed at the end of the year.

For the years 1997 and 1998, the increase will be the real CPI, plus 0.25 points for each year, regulating the differences at the end of each financial year. For the establishment of the initial increase of the indicated exercises, the same criterion as that established for 1996 will be followed.

However, the company covenants will be regulated by their own express rules.

The arrears resulting from the increase will be paid in a single payment, within the month following that of the publication in the "Official Gazette of the State".

Age shall be governed by the provisions of Article 11 of this Collective Agreement.

Article 8. Wage revision.

Without prejudice to the provisions of the previous article, it will only affect, in the three years, the guaranteed minimum wage.

Article 9. Guaranteed minimum wage.

A guaranteed minimum wage of 1.240.427 pesetas is set, for workers at level XII, over eighteen years of age, all inclusive and with full annual working day. For 1997 and 1998, it will increase with the actual CPI plus 0.50 points, with revision.

Article 10. Advances on account of the Convention.

In companies where the economic advance agreement has been delivered or delivered, they shall be absorbed and compensated by the agreement itself, provided that such advances have been clearly reflected.

In the concepts "ad personam" given individually and with this nature, it will be possible to increase the possible increase of the same to the bosom of the company and if there is no agreement between the parts will be frozen these concepts.

Article 11. Seniority.

The variations of the seniority supplement, established to reward the continued permanence of the worker at the service of the company, will be governed by the following rules:

1. Increases for years of service shall be payable exclusively for trienes. Each three-year period shall be equal to 3 per 100 of the basic salary paid by the worker at any given time. It shall be respected for the calculation of the same as laid down in the 1994-1992 Collective Agreement.

2. The seniority supplement has a perception limit of 18 per 100 of the base salary and six trienes, except for those workers in which the amount they were perceiving, by effect of the previous system, was higher than that percentage, in which case it will be respected.

Workers who meet 21 for 100 for the duration of the Convention will be respected 21 for 100.

3. As from 31 December 1998, the percentages of seniority are cumulative up to 18 per 100. Reached this percentage, it is consolidated. From this moment the age will be revised every year to keep the quoted percentage of the 18 per 100 of the base salary that exists in each moment.

Article 12. Discount clause.

The percentage of salary increase provided for in Article 7 of this Convention shall not be required for those undertakings which credit losses in the financial year 1995 and also credit losses during the period 1996 at the date of publication of the Convention in the "Official State Gazette".

In these cases the setting of the salary increase will be subject to the following rules:

(a) Companies with losses of more than one year (1995 and those of 1996), who demonstrate with the Balance Sheet at the date of publication of this Collective Agreement in the "Official State Gazette" such a circumstance, increase their salaries by 0.50 per 100.

(b) For those companies which are in the situation described in subparagraph (a) and in addition have had losses in the 1993 or 1994 financial year, the wage increase to be applied shall be zero.

With regard to the provisional losses for 1996, it will be demonstrated that the situation is maintained on 31 December of this year. If the situation of the undertaking has changed to that date 31 December, the payment of wages shall be paid with retroactive effect to 1 January 1996, provided that it is not included in point (b) of the preceding paragraph.

The demonstration of losses will be credited with the documents presented in the official agencies (Ministry of Finance and Commercial Registry). The year 1996 will be demonstrated by the presentation of the Interim Balance Sheet.

The request for disservice will be initiated by the employer within 30 days of publication in the "Official Gazette of the State" of the Convention, who will communicate this to the Trade Union Sections (of the Trade Unions). (signers), Business Committee or Staff Delegate when they have been signed. The communication must be made in writing and the following documents shall be included: Explanatory note to the economic, technological or productive causes of the application, in which the economic and financial situation shall be recorded of the company through the relevant legal documentation. The forecasts and the general measures which it intends to take to solve the situation will also be made explicit.

From this moment, a period of thirty days of consultation and negotiation will begin between the businessman and the legal representatives of the workers.

In the event of an agreement, they will send to the Joint Committee of the Convention minutes of agreement to establish the correct definitive application of the article.

In case of discrepancy, all information will be forwarded to the Joint Commission to decide on the matter. In the event of disagreement in the Joint Committee, the implementation of the mediation system agreed in the Convention shall be applied. The deadline for the ruling will be a fortnight.

The legal representatives of the workers 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 what was established in the preceding paragraphs, (i) observing, therefore, in respect of all this, professional secrecy.

They will not be able to make use of the non-application clause (neglect) those companies that have used it two consecutive years or four alternate years, except express authorization of the Joint Commission of Interpretation of the Convention.

the company is obliged to proceed to the immediate updating of the wages of the workers and, to this end, the different increases agreed upon in the first phase will be applied on the initial salaries. Convention.

SECTION 2. EXTRAORDINARY pages

Article 13. Extraordinary pay, accrual and payment.

1. They will be as follows:

a) Summer Gratification: Come between January 1 and June 30. It is paid before July 15 of the same year in which it is stopped.

b) Christmas Gratification: Be stopped from 1 July to 31 December. It is paid before the 21st of December of the same year in which it is stopped.

c) March Gratification or Profit Substitute: Be stopped from 1 January until the 31st of December. It is paid before 31 March of the following year in which the accrual occurs.

The basis salary plus year of accrual will be paid as follows:

In the year 1996: Twenty-eight days.

In the year 1997: Twenty-nine days.

In the year 1998: Thirty days.

This pay may be prorated for months in those companies that have it agreed or who agree with the workers ' representatives if they have.

2. For each extraordinary payment, except in March, the worker shall receive the average of the actual salary, on a normal day, of the three months of work prior to the date of his accrual for the workers who were more than one year old. seniority in the company and the proportion of the time worked for the workers who are less than one year old in the company. With the exception of undertakings which have agreed a specific remuneration system with the Committee or another authorised by the labour authority, in any event, respecting the minima laid down in this Convention in respect of extra pay.

SECTION 3 WORKING DAY AND OVERTIME

Article 14. Working time.

Workers affected by this Convention shall have a working day of 40 hours of effective weekly work; with equivalence in annual computation to a maximum day of:

For 1996 and 1997: Thousand seven hundred and ninety-two hours/year, equally effective work.

For 1998: Mil seven hundred and eighty-eight hours/year, effective work.

However, during the term of the Collective Agreement the annual working days, effective work, inferior "ad personam" will be respected.

Article 15. Overtime.

the light of the serious situation of unemployment and with the aim of promoting a social solidarity policy which favours job creation, the abolition of the usual overtime is agreed.

Also, in order to give all its value to the above criterion, it is recommended that in each company be analyzed jointly between the representatives of the workers and the company the possibility of making new hires, within the modalities of the current procurement, in place of the extraordinary hours removed.

According to the above mentioned employment objective and the international experiences in this field, the parties to this Collective Agreement consider it positive to point out to their companies the possibility of compensating for the These are the most important factors in the development of the European Community.

Also regarding the different types of overtime, the following is agreed:

(a) Extraordinary hours that are required by the need to repair claims or other extraordinary and urgent damages, as well as in case of risks of loss of raw materials: Realization.

(b) Extraordinary hours required by unforeseen orders or peak periods of production, unforeseen absences, shift changes or other structural circumstances arising from the nature of the usefulness of the treats: Maintenance, provided that they cannot be replaced by the use of the various types of procurement legally provided for.

The Company's Management will report monthly to the Enterprise Committee, Staff Delegates and Trade Unions on the number of overtime hours, specifying the causes and, where applicable, the distribution by sections. In addition, on the basis of this information and the criteria set out above, the company and the legal representatives of the employees will determine the nature and nature of the overtime in accordance with the provisions of this Convention. Collective.

The performance of overtime as set out in Article 35.5 ET will be recorded day by day and will be totaled weekly, giving a copy of the weekly summary to the worker in the relevant part.

In accordance with Article 2. 1 of Royal Decree 1585/1981 of 20 August, which increases the additional contribution for overtime, the work authority shall be notified monthly, jointly by the company and the Staff Committee or Delegate, where appropriate, the overtime hours carried out with the corresponding classification for the purpose of complying with the provisions of the current regulations on security contributions Social.

Structural extraordinary hours: These are the ones that ordinarily have such extraordinary character derived from the nature of the activity (need for unforeseen orders or peak periods of production, unforeseen absences, change of shifts or other circumstances of a structural nature).

Article 16. Remuneration or compensation of overtime and structural.

The amount to be charged for each extraordinary hour will be:

1. For the economically compensated, 40 per 100 more than the ordinary value.

2. By agreement between the company's management and the legal representatives of the employees, the overtime may be compensated for by an equivalent time of rest, increased by 40 per 100 instead of being paid monetarily, being cumulative on full days.

SECTION 4. OFFSETS

Article 17. Diets.

a) Full Diet. -It is the amount that is stopped daily to satisfy the living expenses and stays that originate in the displacement and stay out of the usual center of work by order of the company.

Full diet will be earned on the day of departure, when the worker has to make the two main meals out of his usual address and must stay out of the same.

In the case that the worker must make a single meal and overnight, the amount resulting from the arithmetic average between the average and the complete diet will be earned.

b) Average diet. -Average diet will be payable when the worker can go back to stay at home and only perform one of the main meals outside his usual address.

c) Amount of diets. -A complete diet is established for:

For 1996: 3,500 pesetas.

For 1997: 4,000 pesetas.

For 1998: 4,500 pesetas.

The average diet: It will be the subject of the same increase as the Collective Agreement. For 1996, 727 pesetas are established, the revision agreed in Article 7 of this Collective Agreement.

Conditions of displacements:

(a) Displacement shall be considered if the worker is to employ, using the ordinary means of transport, more than one hour in each of the round trips. The excess will be paid as working time.

(b) No movement shall be deemed to be carried out within the municipality or carried out within 10 kilometres of the limit of the municipality to which the centre of work corresponds.

Knowing the worker one day in advance, at least, the new work of destination, this one will be incorporated directly to it, not due to displacement or diet, if the work is less than 10 kilometers from the limit of the municipality to which the usual working centre corresponds.

If the distance is greater than the above, the time difference used shall be paid as the working time.

The time taken for the posting within the working day shall be paid as an ordinary working day, without prejudice to the corresponding diet or average diet.

Own vehicle usage:

In the case of using the worker the own vehicle for the company's service, its use will be paid for:

In 1996: At 30 pesetas/kilometer.

In 1997 and 1998, it will be subject to the same increase as the rest of the Collective Agreement.

SECTION 5. VACATIONS

Article 18. Holidays.

1. The holiday will be thirty consecutive calendar days per calendar year full of effective service in the company. The splitting of their enjoyment by mutual agreement may be agreed. They may not be started on a public holiday or a holiday.

2. The worker who does not have a full year of service is only entitled to enjoy the corresponding proportion.

3. The pact to charge the holidays without enjoying them is void, except in the case of the worker's termination, in which case the proportional portion of the days of the accrued and not enjoyed holidays will be paid to him.

Article 19. Collective holidays.

1. In the case of collective enjoyment of the holidays, the worker with less than one year in the company will be able to work in dependencies that provide service in the period of closure for vacation, if organized is possible. In another case, you will enjoy the complete holiday, charging them whole, noting in your file that such holidays will be imputed to you, not to the year of work begun to count from the initial date of your service, to the object of correctly accounting the active or passive proportional share to be charged to its final settlement by cessation of any cause.

2. The necessary personnel for maintenance and work services that can only be carried out on the occasion of being stopped the company's facilities will make their vacation in individually scheduled shifts.

Article 20. Scheduling of the holiday period.

The worker has the right to know with a minimum of two months in advance the date of the enjoyment of his vacation.

The employer may exclude as a holiday period the one that coincides with the company's increased seasonal productive activity, after consulting the workers ' representatives.

When individual enjoyment is programmed, the needs of the service will be taken into account, not being able to match in their enjoyment a number of workers of each specialty or job that could paralyze or hinder The company's march is seriously underway. In such cases, preference should be given to workers with children of school age so that they can enjoy their holidays in school-age periods, and in other cases there should be some criterion of rotation in the choice of school. dates of individual enjoyment.

Article 21. Pay for the holidays.

1. The remuneration of the holidays shall be made for all staff before the enjoyment of the holiday. Notwithstanding the above, if there is a common agreement between the parties, the conditions prevailing in the undertakings shall be respected. In the latter case, if during the enjoyment of the holiday the worker is on a temporary disability allowance, he will be charged for the salary for a holiday and not for the temporary incapacity benefit.

2. Variable remuneration shall be calculated on the basis of the average earned by the worker for all wage concepts (excluding the use of distance, transport, subsistence and other non-wage concepts), on a normal day basis, except in any case of overtime, in the three calendar months prior to the date of initiation of the same.

CHAPTER IV

Productivity

Article 22. Productivity.

1. Aware the parts of the need for a general improvement of the efficiency of the productive system and to obtain for it the incorporation of all the agents of the production and the adaptation of the social and institutional framework to the attainment to such improvements, the signatories consider it essential to clarify the objectives to be achieved, as well as the factors that affect them and the basic instruments to achieve this, in order to guide and facilitate the negotiations in the different countries. levels.

The goals to be achieved are:

a) Raise the competitiveness and profitability of companies.

b) Optimize productive capacity according to market orientations, in order to maximize the wealth and well-being of all the agents of production and society as a whole.

c) Maximize employment.

d) Improving working conditions.

The parties consider that, on the achievement of these objectives, different orders of internal and external factors influence the production system. Among the latter, it is essential to point out the economic crisis situation and the level and form of development achieved by the country, as well as the social climate related to the problems of productivity.

2. The parties agree to draw the attention of the Administration to the need to address on a permanent basis the sensitization of public opinion on factors that influence productivity, facing with the necessary intensity. the collection of information and the preparation of regular studies and the implementation of concrete measures in order to achieve the objectives, with the opinion and collaboration of the signatory parties. The parties consider that the main factors affecting productivity are:

a) The investment policy.

b) The rationalization of the productive organization.

c) Technological improvement.

d) The business programming of production and productivity.

e) The climate and the situation of industrial relations.

f) The conditions and quality of life at work.

g) Pay and incentive policy.

h) The qualification and adaptation of the workforce.

i) absenteeism.

3. As a result of the above point, it is necessary to arbitrate, through the establishment of concrete commitments, mechanisms and instrumental procedures to generate a process that leads to the improvement of productivity and allows to reach the the objectives identified taking into account, inter alia, the implementation of the following instruments and criteria:

1. Negotiation of productivity-related issues, where both parties consider it appropriate, through specific agreements at company level. The introduction of these themes will be carried out in a progressive manner and taking into account the circumstances in each case.

When the parties are judged to be appropriate, due to the homogeneity of the systems or to overreach the framework of the company, the treatment of such problems will be done at the territorial or sectoral level.

2. Establishment of productivity measurement systems appropriate to the sectoral and/or company circumstances in order to monitor them. These systems shall cover at least two levels: that of the undertaking as a whole and that of the group of workers carrying out a differentiated operation or process.

The measurement at company level will be done through an index of total productivity of the productive factors.

3. Establishment with the participation of workers ' representatives of the level of productivity index which is considered as normal or base period for comparisons.

4. Participation of workers ' representatives in the monitoring of productivity measures.

5. Receptivity of companies to requests for correction of those obstacles that will curb the productivity gains issued by the workers.

6. Establishment of guarantees on the distribution of profitability improvements achieved by productivity gains, applying them to the re-establishment and/or increase of the business surplus, investments which create jobs and wage incentives linked to improved productivity.

During the period of validity of this Convention, the following priorities are established in the cases where this is possible, for such distribution:

(a) Resestablishment of the business surplus for those companies in a crisis situation whose level is not considered to be normal.

b) Investments that create jobs.

c) Wage incentives linked to improved productivity. For the distribution of the same, account will be taken of both the general index and the productivity indices of each group of workers.

7. Normal levels of productivity will be remunerated through the agreed wage and are payable in return for it, except where it is not achieved by circumstances not attributable to the worker.

8. The productivity improvement plans, to which the provisions set out in paragraph 6 apply, shall be implemented taking into account the following criteria:

a) Prior information of the same to the workers.

b) That objectively such plans do not discriminate against workers over others.

c) Establishment of periods of testing and adaptation, when new systems are introduced, guaranteed during the same, to workers who are affected by the change of the usual perceptions, which will come to them being paid before.

(d) Working conditions shall comply with the provisions of the law, regulations or this Convention.

CHAPTER V

SECTION 1. ORGANIZATION OF THE JOB

Article 23. Address of the employment activity.

1. The technical, practical and scientific organization and direction of the work activity is the faculty of the management of the company, subject to the applicable legal provisions.

2. The aim of the work organisation is to achieve an appropriate level of productivity in the company based on the optimal use of human, material and technical resources. This is only possible with an active and responsible attitude on the part of the parties to this Convention.

3. Mechanisation, technical progress and organisation must be carried out without prejudice to the professional training of workers. The benefits that they can derive will have to be used in such a way as to improve both the company's economy and that of the workers.

SECTION 2. SCIENTIFIC ORGANIZATION OF WORK

Article 24. Points that the scientific organization of work includes.

1. The qualification of the works according to any of the international systems admitted.

2. The fixing and demand for minimum yields.

3. The determination of the system to obtain and ensure returns in excess of the minimum required, as it is deemed advisable to the general needs of the company or to the specific ones of certain department, section, subsection or job position. It is possible to establish total or partial incentives, both in terms of staff and tasks.

4. The award of the number of machines or tasks necessary for the saturation of the work in order to obtain the maximum yield.

5. The fixing of permissible waste, loss and quality indices throughout the manufacturing process.

6. The requirement of vigilance, care and diligence in the care and cleaning of the machinery, facilities and tools entrusted to the worker, in relation to their activity or job.

7. The mobility and redistribution of personnel according to the needs of the work, the organization or production.

8. The realization at any time of the modifications in the methods, rates and distribution of the personnel, change of functions and technical variations of the machines, installations, tools, etc.

9. Regulation of the adaptation of workloads, yields and rates to the conditions resulting from the change of operating methods, manufacturing processes, changes in materials, machines or technical conditions thereof.

10. The maintenance of the organization and performance of the work in the cases of disconformity of the workers, expressed through their representatives, waiting for the resolution of the agencies to whom it corresponds.

11. The fixing of the clear and simple formula so that the salary calculations can be easily understood by the workers.

12. Any other functions similar to those previously entered.

Article 25. Valuations and yields.

For the purposes of the scientific organisation of work in companies applying any of the international systems admitted, the following specifications shall be taken into account:

a) Normal activity.

b) Usual activity.

c) Optimal activity.

d) Minimum demand performance.

e) Usual performance.

f) Optimal performance.

g) Enforceable performance.

h) Machine time.

i) Normal time.

j) Recovery or rest time.

k) Free work.

l) Limited work.

Article 26. Definitions.

a) Normal activity: It is the one who develops a middle worker, conscious of his responsibility, with a constant and reasonable effort under a competent direction, without excessive physical and mental fatigue, and without encouragement of a remuneration with incentive, breaks included.

This activity is the one that in the different and most common measurement systems correspond to the indices 100, 75 or 60.

b) Usual activity: It is the one that usually develops a worker and that is between the indices: 100-130 (140), 75-100 or 60-80.

c) Optimal activity: It is the optimum that a worker can develop without prejudice to his or her professional life, working the full working day, included breaks. It corresponds to the measurement systems with the indices 133 (140), 100 or 80.

d) Minimum performance payable: This is the minimum amount of work required of a normal worker. This corresponds to the 100, 75, or 60 indexes.

e) Usual performance: This is the amount of work a worker usually performs and is always included in the 100-133 (140), 75-100 or 60-80 indices.

f) Optimal performance: It is the amount of work that a worker performs to the optimal activity, enjoying the coefficients of fatigue and physiological needs. Corresponds to the indices 133 (140), 100 or 80.

g) Enforceable performance: It is the one that the worker usually comes from, regardless of the remuneration system of his or her work, without in any case being lower than normal.

h) Machine time: It is the one that employs a machine or group of machines to produce a task unit under certain technical conditions.

i) Normal time: It is the one invested by a worker in a given operation in normal activity, without including recovery time.

j) Recovery or rest time: It is the one that requires the worker to replenish his physical fullness and attend to his physiological needs. k) Free work: It is the one in which the worker can develop the optimal activity all the time. The optimal production at work corresponds to the optimum work.

l) Limited work: It is the one in which the worker cannot develop optimal activity all the time. The limitation may be due to the work of the machine, to the fact of working as a team or to the conditions of the operative method.

For the purposes of remuneration, waiting times due to any of the above limitations will be paid as if normal activity is worked.

The previously defined activities and performances are, in no case, at the expense of the company's pre-established qualities.

SECTION 3 WORK WITH INCENTIVE

Article 27. Concept.

It is considered as incentives or additions by quantity and/or quality, any kind of variable remuneration in its amount, according to the quantity and/or quality of the production obtained in a given period of time. Such incentives, according to the organisational system of each company, will have to be determined either on the units of work produced, or on units sold, or by any other means of measurement.

The incentive starts to become an incentive from normal activity.

Article 28. Criteria for remuneration.

The following circumstances will be considered for your establishment:

1. Degree of training that the work to perform requires according to the company's facilities.

2. The physical effort and the attention that its execution requires in order to obtain the required quality.

3. Environment in which the work is performed.

4. Previous level of care to avoid any accidents at work.

5. º Any other special circumstance of the work to be performed.

Article 29. Systems of incentives to fixed activity.

It will be possible to establish systems of incentives to fixed activity, agreed between company and workers or their legal representatives. This activity can be measured by the overall productivity of a working group, line, factory section, etc., and according to the production actually delivered, with the required quality, discounting the rejected production for reasons attributable to the workers. It shall be remunerated only if such agreed activity is reached or exceeded.

Article 30. Guaranteed wages in jobs with incentives.

1. If, in any of the work paid with incentives, the work, the task, the production or the task and the unit of work referred to in this chapter does not result in the performance due to causes attributable to the company, the worker will be entitled, at the average premium of the previous three months, up to 25 per 100 of the base salary.

2. The basic salary and the salary concepts related to it are paid in full if normal activity is carried out.

3. The decrease in activity below normal, which is attributable to the worker, results in the loss of the concepts in the same percentage in which normal activity has decreased, regardless of the sanction that may be applied by the worker. Failure to commit.

4. In the case of force majeure or lack of electrical fluid, breakdowns in machines, which are not attributable to the undertaking, the normal rate of return shall be guaranteed for the workers concerned.

5. In order to prove the right to the salary of the preceding paragraphs, it is essential to remain the worker in the place or place of work, and to carry out the substitute works that the company can provide. If such works have an assigned premium, they shall receive the premium corresponding to them.

SECTION 4. IMPLEMENTATION AND REVIEW PROCEDURE FOR SYSTEMS

Article 31. Procedure for implantation.

The procedure for the implementation of the systems of work organization referred to in the previous sections, in the companies that apply these systems or how many they deem more convenient, will be the following:

1. Companies shall notify their employees in writing, through their representatives, if they have, 15 days in advance, the establishment of a system or a technical method of organisation of work, exposing them in the workplace the characteristics of the new organisation and the corresponding tariffs.

The management of the company will facilitate the corresponding study to the representation of the workers. The operative method will be in the workplace, with the working quantities and times assigned to each task being made available to the representatives of the workers or the workers themselves.

2. For the collective implementation of new rates and systems of organization, a trial period shall be fixed which shall not exceed forty-five working days.

3. The worker will be assured during the said period the perception of the salary that he/she has enjoyed.

4. At the end of the probationary period, workers ' representatives may express their disagreement or disagreement, reasoning and in writing, with the undertaking with the system or method to be implemented. If there is a Business Committee, the disagreement shall be reflected in the relevant minutes.

5. Within eight days of receipt of the Staff Delegates ' letter or the Business Committee's minutes, the company shall decide on the questions on which the discrepancies arise.

6. Against the decision of the undertaking, the legal representatives of the employees may have recourse to the employment jurisdiction in the terms laid down in Article 41 of the Staff Regulations, without prejudice to the introduction of the system by the company.

Article 32. Impossibility of implantation.

In the sectors in which due to their special circumstances it will be very difficult or impossible to establish a system of scientific organization of work, but it is feasible to elaborate tables of yields and/or productivity, They will be attended once by the respective business and social representations.

The Plano Glass Trade and Manufacturing sector shall be governed by the income tables in Annex 5.

Article 33. Substantial modification of the system.

They are considered to be substantial modifications to the incentive system, its deletion and any other changes that represent a change of a system to a different system, in a way that affects the structural principles of the system. In such cases the same Article 29 procedure of this Convention shall be followed.

SECTION 5. TIMES REVISIONS

Article 34. Systems review and update.

We will proceed to the adjustment of times, so that the activities to be paid are at all times according to the real activities developed, and not of the obtained productions, provided that there are variations of the circumstances that will be present in their value, or the elementary manufacturing times are modified because of:

(a) Errors of calculation, transcription or appreciation of activities or verified rest coefficients.

b) Adaptation to the job or job itself.

c) Substantial modification of the operating methods of any origin or nature.

d) Changing work conditions or personnel template.

e) Change of methods of manufacture, installation, machinery, tools or other circumstances.

Article 35. Complaints.

In the cases provided for in Article 33, the worker or disagreeable workers may make their complaint, in accordance with the procedures laid down in Article 39 (4) of this Convention.

SECTION 6. GENERAL RULES ON THE PROVISION OF WORK

Article 36. Job change.

Within the organization of the work, the companies will carry out the changes of job, when necessary for the good march of their organization, according to the established in this Convention, in respect to the remuneration of the staff in cases of higher, lower, and equal status.

Article 37. Assessment of the jobs.

The companies, within their organizational faculty, will be able to perform assessments of their jobs in order to hierarchize these, according to the functions actually entrusted.

Article 38. Obedience at work.

Every worker is obliged to execute as many works and operations as his superiors, within the general tasks of his professional category and for the good march of the company.

Article 39. Workers ' complaints.

The worker, by himself or through his legal representatives, may place in the company's knowledge how many doubts, complaints, damages or claims are related to the provision of his work, through a regulatory conduit.

The companies will reply within a maximum of ten days to the questions thus raised.

In the event of disconformity, the affected worker may come forward to raise his or her complaint with the Staff Delegate or the Enterprise Committee if it exists or before the competent jurisdiction.

Article 40. Discipline in the workplace.

If the worker observes obstacles to the execution of his work, faults or defects in the material, in the instruments or in the machines, he will be obliged to immediately account the businessman or his managers or representatives.

The worker will have a professional duty to take care of the machines and useful to be entrusted to them, keeping them in perfect condition of conservation, operation and cleanliness, being responsible for the damage, damage or damage that produce for their fault or negligence.

Article 41. Diligence on the job.

The primary duty of the worker is diligence at work, collaboration in the good march of production and in the prosperity of the company to which it belongs. The measure of this diligence will be determined by the usual specialty of the work and by the worker's faculties, which the employer must know.

Article 42. Professional discretion and duty of non-concurrency. Dedication.

The worker is obliged to maintain the business and business secrets of the company, the same during the contract as after its extinction.

The worker has a duty not to compete with the business of the company exercising unfair competition.

SECTION 7 SPECIAL OBLIGATIONS FOR BUSINESSES

Article 43. Listing documents.

All companies to which this Convention applies are obliged to file the Social Security contribution documents for the last five years.

SECTION 8. WORK TO TURNOS

Article 44. He worked in shifts.

1. It is understood that it is the private power of companies to organize work shifts and their relays, as well as to change those when they believe it is necessary or appropriate in accordance with the provisions of Article 41 of the Workers ' Statute.

2. Unanticipated absences: In cases of unforeseen absences where the worker is not present at work throughout his/her day, the outgoing shift worker will remain in his/her job until the next shift, unless there is another job. worker who can replace him, and only for one day. These hours will be compensated for the worker either economically or with rest time.

3. Delays: It is also understood that in industries that have established shift systems, they are obliged to have the templates covered in each of the shifts and their relays. The worker is obliged to remain in his job until he is replaced and in any case up to a maximum of two hours for posts requiring continuity between shift and shift. This wait will be compensated for the worker either economically or with breaks.

4. Compensation: The time-off compensation referred to in the preceding paragraphs shall be paid by the worker for the three months following the fact, unless otherwise agreed.

5. Accompanying: In the work centres of more than 50 workers, no worker will be obliged during the shift work to remain only in the factory premises.

SECTION 9. SPECIAL CASES OF REMUNERATION

Article 45. Top jobs category jobs.

In cases of need, and for the period not exceeding five months uninterrupted in one year or seven months in eighteen months, the worker may be assigned to the position of higher category, receiving as long as he/she is In this situation the remuneration corresponding to the function which it actually performs.

After that period, the worker may, at his or her own will, continue to perform higher-class work or return to the position previously held. In the first case, it shall automatically ascend to that category, receiving the remuneration corresponding to it.

The provisions of this article will not apply to cases of replacement by military service, temporary incapacity, permits and forced leave. In these cases, the replacement shall comprise as long as the circumstances which have been motivated by it, giving entitlement to the higher remuneration during the replacement period, but not to the consolidation of a category or salary. In all cases they will be notified in advance to the worker of the causes of the change.

Article 46. Lower category jobs.

The company may, for the purposes of permanent, temporary and unforeseeable needs, and after notification to the legal representatives of the employees, be able to assign a worker to carry out missions of a professional category lower than the they are recognised and may not refuse to carry out the work entrusted to them, provided that this does not prejudice their vocational training, the only acceptable form in which it may be carried out. The worker shall continue to receive the salary and other emoluments which correspond to his previous category and function.

If the change of destination referred to in the preceding paragraph has its origin in the worker's request or if he has been hired for that lower category because there is no vacant place in his or her, the day of the day shall be assigned to him. corresponds to the work actually provided, but may not be required to carry out work in excess of that of the professional category for which he is paid.

Article 47. Jobs of the same category.

Companies, within their organizational powers, may assign their employees to different jobs within the same professional category, in which case they will receive the salary supplements which they will receive. correspond to the new post, which may not be lower than the place of origin.

Article 48. Staff with diminished capacity.

Staff whose age or other circumstances have decreased before retirement or retirement must be assigned by the undertaking to work appropriate to their conditions, provided that there are possibilities for this, the professional classification according to such works, as well as the salary or salary corresponding to him in the new job. The worker who does not comply with the situation of diminished capacity or with the new category assigned to him may claim to follow the procedure laid down in Article 39 of this Convention.

When in the company there are positions available to be

i) the employment of workers with reduced capacity will be preferred to those who lack the benefit, pension or own resources for their support, and also those who, over the age of forty five years, have difficulties to be placed in other work because of the same. Staff in this situation shall not exceed 5 per 100 of the total of the same category in which they are registered.

Article 49. Exceptionally painful, toxic or dangerous work.

Workers who have to perform tasks that are exceptionally painful, toxic or dangerous must be paid a 20 per 100 bonus on base salary. If these functions are performed only during the middle of the day or in less time, the plus will be 10 per 100.

Those companies that have included them in equal or higher amounts to the salary of the job qualification or in any other salary concept will not be obliged to satisfy the aforementioned bonuses.

If the conditions of penosity, toxicity or danger are to be removed and the two parties are satisfied with the improvement of the facilities or procedures, the aforementioned bonuses will be paid. In the event of a discrepancy, the parties shall submit to the opinion of the Technical Safety and Hygiene Cabinet under the responsibility of the labour authority and/or, where appropriate, labour jurisdiction.

CHAPTER VI

From the job contract

Article 50. Form of contract.

The work contract may be concluded in writing or in writing. It shall be presumed to exist between all the one who provides an employed person's service and within the scope of organisation and management of another and the one who receives it in return for remuneration.

The work contracts must be entered in writing when required by a legal provision and, in any case, those of practices and apprenticeships, part-time contracts, work-to-home contracts, contracts for the the performance of a given work or service, as well as those of workers employed in Spain at the service of Spanish companies abroad. Contracts shall also be written in writing for a given period of more than four weeks.

In the absence of such a requirement, the contract shall be presumed to be concluded on a full-time basis and for an indefinite period, unless proof to the contrary that its temporary nature or the part-time nature of the services is accredited.

The contract of employment shall be formalised before the commencement of the provision of services, where the law requires the written formula, and also, where required by one of the parties.

The various modalities of procurement must be effectively matched to the established legal purpose.

Minimum contracts content: In the written contract between company and worker, it must be specified:

Geographic location.

Company's social headquarters.

Professional group and the description of the professional group, in which the worker is integrated.

Total Remuneration initially agreed.

Daily schedule.

Annual Day.

The applicable collective agreement.

Fulfillment: The provisions of Article 101 of the Royal Legislative Decree 1/1994 of 26 June, which approves the recast of the General Law of Social Security, and the Order of 8 October 1976, will be dealt with.

Article 51. Income and probationary period.

1. Workers shall be recognized by the Medical or Optional Service which the employer freely designates.

2. A six-month trial period is agreed for qualified technicians, two months for non-qualified technicians, one month for administrative staff, and 15 days for other workers.

3. The employer will propose and the worker will carry out the experiences that constitute the object of the test, which will correspond to the functions to be performed.

4. During the probationary period, the worker shall have the rights and obligations corresponding to the professional category and the job which he carries out, as if he were a staff member, except those arising from the termination of the employment relationship, which may be produced at the request of any of the parties during its course, without prior notice and without the right of any of the parties to any compensation, the withdrawal in writing shall be communicated.

5. After the trial period without the withdrawal of the contract, the contract will have full effects, with the time of the services provided for the purposes of seniority.

6. The situation of temporary incapacity affecting the worker during the probationary period interrupts the worker's computation, but not the contract on time or service or determined work.

7. The training courses given by the company will be counted as for the trial period.

8. It is only understood that the worker is subject to a probationary period if he is specified in his employment contract.

Article 52. Fixed template contract.

It shall be governed by the provisions of Article 15.1 of the Staff Regulations and supplementary provisions.

Article 53. Fixed-term contracts.

1. In the case of temporary contracts, the provisions of Article 15 of the Staff Regulations and the implementing rules shall apply, except for the specificities covered by this Convention.

2. Workers employed for a given time will have the same rights and equal treatment in employment relationships as the rest of the workforce, with the exception of the constraints arising from the nature and duration of their employment. contract.

Article 54. Part-time contract and replacement contract.

1. A worker shall be deemed to be engaged on a part-time basis when providing his services for a number of hours per day, a week, a month or a year, which is less than that in the activity in question in that period of time.

The provision of services under this mode of procurement may not be less than twelve hours per week or forty-eight per month.

2. The part-time contract may be concluded for an indefinite period or for a fixed period of time in cases where the use of this mode of employment is legally permitted, except in the case of the apprenticeship contract.

The part-time contract shall be deemed to be concluded for an indefinite period of time when it is designed to carry out fixed and periodic works within the normal volume of business of the undertaking. Those who provide services in works that have the character of discontinuous fixed and are not repeated on certain dates will be called in the order of entry into the company, and the worker may, in case of non-compliance, claim in the dismissal before the competent jurisdiction, the time limit for such dismissal being initiated as soon as it became aware of the failure to convene.

3. The basis for social security contributions and other contributions to be collected together with the Social Security contribution shall be the remuneration actually paid on the basis of the hours worked.

In order to determine the periods of contribution and calculation of the social security benefits regulatory base, including unemployment protection periods, the hours or days actually worked shall be computed exclusively. The form of calculation of the required trading days, as well as of the periods in which they are to be included, shall be determined.

They will have the consideration of overtime to all the effects, including those of Social Security, every hour of work that is carried out on the ordinary working day in the contract part-time.

4. In addition, it shall be understood as a part-time contract that is concluded by the worker who is aware of his undertaking, under the conditions laid down in this Article, a reduction in the working day and his salary of 50 per 100, when meet the general conditions required to be entitled to the contributory pension for the retirement of social security with the exception of age, which shall be less than three years, at most, to that required. In order to be able to carry out this contract, the company will simultaneously enter into a contract of employment with another unemployed worker and will be obliged to keep cover, at least, the working day replaced until the date of retirement provided for in the following paragraph.

The contract of employment for which the day left vacant by the worker who reduces his or her working day shall be referred to as a replacement contract.

The performance of the part-time work contract referred to in this paragraph and its remuneration shall be compatible with the pension granted by the Social Security to the worker until he or she meets the age laid down The social security system is a general system for the right to a retirement pension, and the employment relationship is extinguished when it reaches that age.

Article 55. Contract of work in practice.

1. The contract of employment may be concluded by those who are in possession of a university degree or professional training of a medium or higher degree, or officially recognised as equivalent qualifications, who are legally entitled to the contract. professional exercise, within four years immediately following the completion of the corresponding studies, in accordance with the following rules:

(a) The job must be able to obtain the appropriate professional practice at the level of studies.

(b) The duration of the contract may not be less than six months or exceed two years.

(c) No worker may be engaged in practices in the same or different undertaking for more than two years by virtue of the same degree.

(d) The probationary period may not exceed one month for contracts in practice concluded with workers who are in possession of a medium degree or two months for contracts in practice concluded with workers who are in possession of a higher degree.

(e) The remuneration of the worker shall not be less than 70 and 85 per 100 during the first or second year of the term of the contract, respectively, of the salary fixed in agreement for a worker who performs the same or equivalent job.

(f) If at the end of the contract the worker is incorporated without a continuity solution to the company, he/she will not be able to arrange a new probationary period, with the duration of the practices for the purpose of seniority in the company.

2. Notice of termination: shall be governed by the provisions of Article 60 of this Convention.

Article 56. Apprenticeship contract.

The object of the learning contract is the acquisition of the theoretical and practical training necessary for the proper performance of a qualified job or job, which will be defined in the future classification to incorporate into this Convention. It will be governed by the following rules:

(a) It may be concluded with workers over sixteen to twenty-four years. These minimum and maximum ages shall be effective from the publication of this Convention in the "Official Gazette of the State". The maximum age limit shall not apply when the contract is made with a disabled worker.

(b) The duration of the contract may not be less than six months or exceed three years.

The parties may agree on extensions of the initial contract, not being the duration of each of them less than six months.

Possible extensions will always be made in writing.

Notice by Eesc: The provisions of Article 60 of this Collective Agreement will be in place.

(c) The maximum duration of the apprenticeship contract is expirated, no worker may be hired under this mode by the same or different company.

No apprenticeship contracts may be concluded for the purpose of qualification for a job which has previously been carried out by the worker in the same undertaking for a period of more than 12 months.

e) Time spent on theoretical training for all ages should be alternated with those of effective work, or concentrate on the terms set out in this Collective Agreement or, failing that, in the contract of work, without the overall time corresponding to that being less than 15 per 100 of the maximum working time provided for in this Collective Agreement.

When apprentices are not in possession of the degree of School Graduation, training consists only and exclusively in the teaching of the teachings necessary to achieve this degree. Once this qualification has been achieved, the trainee will be able to continue with the vocational training of a professional group or a job if he wishes to do so.

It will be adopted as a preferred modality in the imparting of theoretical teaching the alternation day by day with effective working times.

If possible at the start of the school year, the School Graduate teachings will be alternated day by day or weekly. In the absence of such training, theoretical training may be carried out at the beginning or at the end of a contract or extension and may be in-person or at a distance.

The effective work of the worker in the enterprises must be related to the tasks inherent in the occupational level or trade object of the apprenticeship.

The requirement of theoretical training shall be understood when the trainee accredits, by means of certification by the competent public administration, that he has completed an occupational vocational training course appropriate to the trade or job object of learning. In this case, the remuneration of the worker shall be increased in proportion to the time not devoted to theoretical training.

Companies which fail to fulfil their obligations in relation to theoretical training must pay the worker, in the form of compensation, an amount equal to the difference between the salary received by the worker, the time of theoretical training agreed in the contract, and the salary agreed in this Collective Agreement, without prejudice to the sanction that comes in accordance with the provisions of Article 7, number 5, of Law 8/1988, of 7 April, of Infractions and Penalties in the Social Order.

f) Remuneration of the apprentice: Apprentices of any age at full time shall charge, respectively, 70, 80 or 90 per 100 of the minimum wage guaranteed in this Collective Agreement. The proportion of the work actually worked will be respected and taken into account.

Plus of transport and allowances of apprentices: The apprentice, irrespective of the actual working time, will earn the same plus of transport and the same amount in terms of allowances as the rest of the workers.

Salary of apprentices when coming of age during the apprenticeship contract: When during the course of the calendar year, the apprentice will reach the second or third year of apprenticeship, the start date of the apprenticeship. accrual of the new wages will be from the date on which such circumstances are given.

(g) If at the end of the apprenticeship period, the worker is incorporated without a continuity solution to the undertaking, he shall acquire at least automatically the lower professional category within the relevant trade or profession. If the training has been directed and directed towards a qualified position without gradual categories, it will automatically be promoted to the latter.

(h) The social protection of the apprentice shall include only the contingencies of accidents at work and occupational diseases, health care for common contingencies, economic performance corresponding to rest periods for maternity, pensions and the Guarantee Fund.

(i) The undertaking shall issue certification of the learning period, indicating the duration and the practical level acquired, only, when the worker's cessation occurs and at the end of the period of such learning.

Article 57. Possible contract of duration determined by circumstances of the production.

Work contracts that the companies affected by this Convention subscribe to meet market circumstantial requirements, accumulation of tasks or excess orders, shall be subject to the following requirements:

1. The cause or circumstance that justifies it shall be accurately and clearly stated.

2. The maximum duration of the contract shall be eighteen months within a period of twenty-four.

3. The first six months of the contract, the performance shall be continued, with a minimum duration of one month and extensions of equal duration.

4. The termination of the contract period, when the contract and, where applicable, the extensions have a duration of two months or more, must be communicated at least 15 days in advance natural. The omission of this notice period shall mean the payment of the compensation provided for in Article 60 of this Convention.

5. In all cases, and regardless of their duration, the termination of the agreed time must be communicated in writing to the worker.

6. º For all workers who are employed under this modality, with a contract whose total duration is between one and twelve months, they shall be entitled, after the end of the corresponding contract, to to receive compensation, by way of conclusion, of two days ' remuneration for each month of service. From the 12th month, there shall be no compensation where the duration of the contract exceeds that period.

Article 58. Contracts for launch of new activity.

The employment contracts which the undertakings affected by this Convention subscribe to under this mode of employment shall have a minimum duration of six months, with the same duration as the minimum duration.

As soon as the notice is terminated, the provisions of Article 60 of this Convention shall be made.

Article 59. Compensation.

The provisions of the legislation in force shall be provided, except as expressly provided for in this Convention.

Article 60. Notice by cese.

The cessation of contracts concluded under Articles 15 and 17 of the Workers ' Statute, with the exception of the contract of interment and eventual circumstances of production, the duration of which was equal to or more than six months ' notice shall be given at least 15 calendar days in advance. However, the employer may replace this notice with an allowance equivalent to the amount corresponding to the days of notice omitted, all without prejudice to the written notification of the eesc. The compensation shall be included in the receipt of wages with the settlement of the cessation.

Article 61. Right of information on recruitment.

1. The employer shall give the legal representation of the employees a basic copy of all the contracts to be concluded in writing, with the exception of the special employment relationship contracts of senior management on which the duty of notification to the legal representation of workers.

2. In order to verify the adequacy of the content of the contract to the current legality, this basic copy shall contain all the data of the contract with the exception of the number of the national identity document, the address, the marital status and any other which, according to the Organic Law 1/1982 of 5 May, could affect personal privacy.

3. The basic copy shall be delivered by the employer, within a period not exceeding 10 days from the date of completion of the contract, to the legal representatives of the employees, who shall sign it for the purposes of proving that the delivery has taken place. This basic copy will then be sent to the employment office. Where there is no legal representation of workers, a basic copy must also be formalised and sent to the employment office.

4. Representatives of staff, as well as those of business associations who have access to the basic copy of contracts, by virtue of their membership in the institutional bodies which they regulate have such powers, observe professional secrecy, not being able to use such documentation for purposes other than those that motivated their knowledge.

5. The employer shall notify the legal representatives of the employees of the extensions of the work contracts referred to in No 1 and the complaints relating thereto, within 10 days of the date of the date of the take place.

6. The legal representatives of the employees must receive at least quarterly information on the employer's forecasts on the conclusion of new contracts, with an indication of the number of new contracts and the types of contracts to be used, as well as subcontracting assumptions.

As not provided for in this article, it will be in accordance with Law 2/1991 of 7 January.

Article 62. Promotions.

Promotions will be governed by the following criteria:

(a) Automatically, for the mere fact of the age of eighteen years, the administrative applicants shall be promoted to auxiliaries; the pinches to pawns and the buttons to the category of ordinance, or any other vacancy that occurs within the rank group of subs.

(b) Non-automatic promotions shall be made by the system of concurring-opposition. Where there is a vacancy, the management of the company shall make it known to the legal representatives of the employees, who, for the knowledge of all the staff, shall publish it in the bulletin boards.

This notification must be made in advance of one month at the date of the conduct of the tests and must contain detailed information on the vacancies or posts to be filled and the dates on which the tests are to be carried out.

Once the company has been notified of the existence of a vacancy, the Qualifying Court shall be constituted within three days, which shall define the evidence to be submitted by the applicants, as well as the minimum required score to reach the approved condition. This shall be done within a maximum of 10 days, in order to be displayed on the notice board at least 15 days in advance of the conduct of the tests.

Composition of the Qualifier: The Qualifier Court is composed of:

(a) The President who appoints the management of the company.

b) A technician appointed by the company and belonging to the department in which the vacancy is to be filled.

c) Two members of the Business Committee, Staff Delegates or workers appointed by the legal representatives of the employees.

In any case, at least one of the workers shall have an equal or higher professional status than that of the vacancy to be filled.

(d) An administrative secretary shall be an administrative officer, appointed by the management of the company, who shall take up the minutes of the meetings, without voting in the decisions.

In pairs conditions the promotion will be attributed according to the following order of priorities:

1. The oldest in the lower category.

2. The oldest in the company.

Article 63. Junior staff.

They shall be given preference for the vacancies of subaltern which are produced by those fixed staff members who, for reasons of age or their physical conditions, are required to carry out, on prescription, to carry out less effort, provided that they do not impede the normal performance of the charge.

Article 63a. Places of trust.

They will be free to appoint the company, who will communicate to the legal representation of the workers within it, at the same time, the assumptions considered as such, that is, of confidence.

Article 64. Early retirement.

According to the legislation in force, companies are obliged to replace workers who are 60 and four years of age and wish to move, on their own will, to the situation of early retirement, by another worker and by the difference in time to the worker who retires to reach the age of sixty-five years. The above obligation does not extend to those workers who occupy jobs considered to be key or difficult to replace.

By way of derogation from the previous paragraph, and in the spirit that this measure may be extended to all staff, it is recommended to those workers who, for the job they carry out, may be affected by This derogation shall, as soon as possible, inform the employer of his intention to retire, in order to help facilitate his/her replacement and, at the same time, the effective performance of the post by the potential replacement. The legal representatives of workers will be able to exercise their mediating work in these matters, at all times to promote equal opportunities.

Working and business representation in this Convention, which, in any case, the maximum working age will be sixty-five years, for levels II to XII, without prejudice to the completion of the periods of absence for retirement.

Article 65. Voluntary retirement awards.

The following voluntary retirement awards are established:

a) At sixty years: 350,000 pesetas.

b) At sixty-one years: 250,000 pesetas.

c) At sixty-two years: 200,000 pesetas.

d) At sixty-three years: 100,000 pesetas.

e) At sixty-four and sixty-five years: Zero pesetas.

Article 66. Termination of the contract of employment.

In any case, this will be what the current legislation will establish at any time.

Article 67. Temporary work enterprises (ETTs).

Prior to their use, each company will determine with the representation of the workers, the activities and the corresponding professional groups in which ETT workers could be employed.

Except as expressly stated in the Contract of Puesta to Disposition, which will be notified to the representatives of the workers of the company (those who are made), for the workers of the ETT will govern the same conditions This is the case for employees of the user companies, except, where applicable, wages.

CHAPTER VII

Licenses, Permissions, and Exceed

Article 68. Paid leave.

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) Fifteen days, in case of marriage.

b) One day, on the date of celebration, by marriage of children, parents or siblings.

c) Two days, in cases of child birth or serious illness or death of relatives up to second degree of consanguinity or affinity. Where, for that reason, the worker needs to make a posting to the effect, which requires him to stay overnight, the time limit shall be four days. In case of gravity, it can be extended up to five days, justifying it.

d) One day per transfer of the usual address.

e) For the time indispensable for the fulfilment of an inexcusable duty of a public and personal nature, understood as the exercise of active suffrage. 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 providing the work due to more than 20 per 100 of the working hours in a period of three months, the company may pass the affected worker to the the situation of surplus regulated in Article 46.1 of the Staff Regulations.

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

f) To perform trade union or staff representation functions on the terms established legally or conventionally.

g) Four hours per year for medical specialist care during 1996. For the years 1997 and 1998, it will be eight hours.

h) In case of death of a worker in an accident at work, during the time necessary to attend the burial.

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

Article 69. Paid leave for examinations.

The worker will be entitled:

(a) To the benefit of the paid leave necessary to attend examinations, and to a preference to choose work shift, if such is the regime established in the company, when curse regularly studies for the obtaining an academic or professional degree with ordinary use.

(b) The adaptation of the ordinary working day for the provision of vocational training courses or the granting of the appropriate training or vocational training leave with the reserve of the job.

Article 70. Unpaid leave.

Who, for reasons of legal guardian, has a direct care of a child of less than six years or a physical or mental diminished who does not carry out any other paid activity, shall be entitled to a reduction of the working day, with the a proportional reduction in the salary between at least one third and a maximum of half the duration of the salary.

Article 71. Absence due to military service.

During the time that fixed staff members remain in the compulsory military service or replacement social service, or on the volunteer to anticipate the fulfillment of that, they will be reserved the place they came from performing up to a maximum of one month from the date of their licensing.

Workers who provide military service or substitute social benefits enjoy licenses or permits longer than one month may return to work during the said period of time, their admission being compulsory. for companies.

CHAPTER VIII

SECTION 1. FALSE

Article 72. Classes of fouls.

The faults committed by the workers at the service of the company governed by this Convention shall be classified according to their importance, recidivism and intention, in light, serious and very serious, in accordance with what is available in the following articles.

Article 73. Minor fouls.

The following are considered minor faults:

1. From one to three faults of punctuality up to a total of thirty minutes for a month without there being justified cause for it.

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

3. The abandonment of the post without justified cause, even for a short period of time, provided that such abandonment is not detrimental to the undertaking and does not disturb the work of the other operators, in whose cases it will be considered to be serious or very serious. serious.

4. Small neglects in the preservation of the material, facilities, tools, machinery, etc.

5. Lack of hygiene and occasional personal cleaning.

6. The lack of proper correction and diligence with the public and apathy to fulfill the indications of their superiors. These faults may be considered serious in the event of a repeat offence and as soon as their actual transcendence merits this qualification.

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

8. Discuss foreign issues at work, during the working day. If the work order has been altered, it may be considered to be serious or very serious.

9. Occasional drunkenness when it did not constitute another more serious fault.

10. Eating at non-authorized times and places, without recidivism.

11. The conduct of sexual, verbal, physical or psychological harassment, carried out in the workplace involving treatment for the worker/a will be considered as minor, serious or very serious, according to the procedure of graduation of the faults laid down in Article 71. In cases where such actions are carried out on the basis of their hierarchical relationship with the person concerned and/or persons with working relations of a given duration, the absence of such action shall be regarded as very serious.

12. Any other of a similar nature.

Article 74. Serious fouls.

Are considered to be serious faults:

1. More than three unjustifiable fouls of punctuality per month.

2. The non-punctual delivery of the parts of the lower, confirmation and discharge in the periods of temporary incapacity.

3. Missing two days of work without justifying.

4. Do not communicate with the punctuality due to the changes experienced in the family that may affect the Social Security or tax withholding; if there is malice, it will be considered to be very serious.

5. To intervene in games during the working hours, be these of the class that they were.

6. Disobedience to his superiors in any matter of work, as long as it does not involve danger to the physical integrity of the people or the vexatory work. If it involves a manifest breach of the discipline or the company is found to be material, it may be considered to be very serious.

7. Neglect or neglect in the work that affects the good march of the same.

8. The act of service shall be imprudent if it does not involve a serious risk of accident or damage to the facilities, tools, machinery, etc., for the worker or for his colleagues.

9. To carry out, without the appropriate permission, particular works in the work or work centre, as well as outside the work premises, unless the necessary written authorization is available.

10. The recidivism in minor faults, except in those of punctuality, even if they are of different nature, within a trimester.

11. The voluntary decrease in the performance of the work.

12. The breach or violation of the obligation of the reserve must be without prejudice to the company.

13. Provide false information to the Directorate or superiors, in connection with the service or work through negligence.

14. Refuse to account for the contents of packages or wrappers if required by the personnel responsible for this mission in the presence of the union representative or, in the absence, of another worker, respecting the worker's privacy to the maximum.

15. The concealment of facts or faults that the worker has witnessed and can cause serious harm to the company.

16. To be found in the premises of the company outside of the working hours, as well as to introduce in the same to persons other than the company, without the proper written authorization.

17. Neglect of importance in the preservation or cleaning of materials and machines, tools, etc., which the worker is responsible for, when danger is derived for the workers or for the integrity of the machines or facilities.

18. Change or revolver the belongings of the company or its employees.

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

20. Use the phone for particular issues without authorization.

21. Do not use the safety and hygiene protection elements provided by the company, without recidivism.

22. Any other of a similar nature.

Article 75. Very serious fouls.

The following are considered to be very serious:

1. The accumulation of ten or more non-justified punctuality, committed in the period of six months, or twenty, committed for one year.

2. Missing work three or more days a month without justified cause.

3. Fraud, disloyalty and abuse of trust in the efforts entrusted to them.

4. Acts against the property, both of the other workers, as well as of the company or any person within the premises of the company or out of it during acts of service.

This section includes falsifying data for the company's care and social security works.

5. To disable, destroy or cause damage to raw materials, processed pieces, works, tools, tools, machines, appliances, installations, buildings, and equipment of the company.

6. To have fallen on the hard-working sentence of the competent courts of justice, for crimes against property, committed outside the company.

7. The continued and usual lack of hygiene and cleanliness that produces justified complaints from co-workers.

8. The usual drunkenness or drug addiction as well as the distribution of drugs in the company or its consumption during the working day.

9. Breach the secret of the correspondence or reserved documents of the company or reveal to foreign elements to the same mandatory booking data.

10. To engage in works of the same activity of the company if there is unfair competition and will not mediate written authorization of the Direction.

11. Ill-treatment of words or work or a serious lack of respect and consideration for superiors, workers or subordinates or their relatives.

12. Cause serious accident to your coworkers for recklessness or inexcusable negligence.

13. He left the job in positions of responsibility.

14. The recidivism in serious misconduct, even if it is of a different nature, within the same semester, provided that it has been subject to sanction.

15. Continuous and voluntary decline in the performance of normal or agreed work.

16. The insubordination.

17. Malicious issuance or inexcusable negligence of erroneous reports, sabotage, regardless of criminal responsibility.

18. The spread of false or tendentious news referred to the company to the detriment of the company.

19. Self-harm at work.

20. The abandonment of work without justification when it causes obvious damages to the company or is cause of accident for other workers.

21. Recklessness in the act of service where there is a risk of accident or serious damage to the property of the undertaking.

22. The disobedience to the superiors which may motivate the manifest of the discipline, when this is caused to the detriment of the company or the other workers.

23. The simulation of illness or accident. It shall always be understood that there is such a fault when a worker on the ground for such reasons carries out work of any kind on his own or other account. Any handling of the wounds to prolong the temporary disability leave shall also be included in this paragraph.

24. Do not use the security or hygiene protection elements provided by the company, with recidivism.

25. Any other serious misconduct similar to those identified and defined as such in labour law and case law.

SECTION 2. SANTIONS

Article 76. Application.

The penalties that the company can apply based on the severity and circumstances of the misconduct will be as follows:

A) Mild high:

a) Verbal assembly.

b) A written statement.

c) Suspension of employment and one day's salary.

B) Serious high-ups:

(a) Suspension of employment and salary of two to ten days.

(b) Inablement for a period not exceeding six months, for promotion to the higher category.

C) Very severe high:

a) Temporary loss of the professional category.

b) Suspension of employment and salary from eleven days to two months.

c) Disciplinary dismissal under Article 54 of the Workers ' Statute.

For the purposes of applying the sanctions, which will take into account the greater or lesser degree of responsibility of the person who commits the fault, the professional category of the fault, and the impact of the event on the other workers and on the company.

Article 77. Sanctions regime.

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

The penalty of minor and serious misconduct will require written written communication to the worker stating the date and facts that motivate them. Serious misconduct shall require the processing of a file or a summary procedure in which the worker concerned is heard.

The deadlines for challenging the penalties imposed will be as follows:

a) Mild penalties: Twenty days.

b) Serious or very serious penalties: Twenty days.

Article 78. Prescription of fouls.

Minor faults prescribe at ten days; the serious ones, at twenty days; and, the very serious ones, at sixty days from the date on which the company became aware of the commission of the fact, and in any case at six months of have been committed.

SECTION 3. ABUSE OF AUTHORITY

Article 79. Abuse of authority.

Consists of an order of the employer, boss, or manager, the worker who is under his or her orders, contrary to the legal or agreed working conditions or his/her dignity as a person.

To claim against abuse of authority, workers may be directed to the employment authority or to the company's own management.

CHAPTER IX

Care regimen

Article 80. School aid.

Workers with children between the ages of four and sixteen, both inclusive, will have a grant for studies of 900 pesetas/month/son, in 1996; and, of 1,000 pesetas/month/son in 1997 and 1998. In both cases, the grant will cover only 12 monthly payments.

Article 81. Workwear.

All manual workers, without exception, affected by this Convention, shall have the right to be provided by the company, two teams per year, preferably one every six months, each consisting of a a monkey, trousers and shirt, baton or babi.

Technical and employee personnel will be entitled to a gown each year. Some and others are obliged to use these garments and to care and clean them.

It will also be mandatory for companies to provide clothing and impervious footwear to staff who have to carry out continuous work in the open in the form of frequent rains and those who would have to act in a significant way. Framed or muddy.

Article 82. Insurance policy for work accidents.

A work accident insurance policy will be created that will only cover workers who are included in the Social Security contribution document.

The contingencies to cover will be those of invalidity (according to baremo), and death, whose coverage will be:

In 1996: 1,800,000 pesetas.

In 1997 and 1998: 1,900,000 pesetas.

Companies will be free to hire. Notwithstanding the foregoing, the company or companies that have the same or similar policies will be able to choose to maintain these or to adhere to the one that the Spanish Business Confederation of the Glass and the Ceramics has contracted.

Article 83. Supplement by accident at work and occupational disease.

The company will pay a supplement of 25 per 100 from the fifth day of discharge, which together with the 75 per 100 that pays for Social Security or Mutual Accident Patterns, is equal to 100 per 100 of the salary. Accidents at work "in itinere" are excluded.

CHAPTER X

Of rights of collective representation and of trade union rights

Article 84. Trade union principles.

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

2. The employer admits the desirability of all affiliated companies of their organizations to consider the trade unions duly established in the sectors and templates as basic and consumable elements to face, through them, the necessary relations between employers and workers. All this without demerit of the privileges conferred by the Law and developed in the present Convention to the Committees of Company.

3. To the above effects, companies will respect the right of all workers to be freely given and admit that workers affiliated with a trade union can hold meetings, collect quotas and distribute union information outside the Union. the working hours and without disturbing the normal activity of the companies.

4. Companies may not subject the employment of a worker to the condition that they do not take hold or give up their trade union membership, nor do they dismiss a worker or harm him in any other way because of their affiliation or trade union activity. Trade Unions may send information to all undertakings in which they have sufficient and appreciable membership, in order for it to be distributed, outside the working hours, and without, in any event, the exercise of such practice. could disrupt the development of the production process. In the case of workplaces which have a staff of more than 50 employees, there shall be notice boards in which the trade unions, duly established, may insert communications to the effect that they shall direct copies thereof to the the address or title of the centre.

Article 85. Participation.

In accordance with the provisions of Article 4 of the Workers ' Statute, and without prejudice to other forms of participation, workers have the right to participate in the undertaking through the organs of representation. regulated in this chapter.

Article 86. Staff delegates.

1. The representation of workers in the company or work centre with fewer than 50 and more than 10 workers, corresponds to the staff delegates. There may also be a staff delegate in those undertakings or centres which have six to 10 employees, if they so decide by a majority.

The workers shall choose, by means of free, personal, secret and direct suffrage, to the staff delegates at the following amount: up to 30 workers, one; 31 to 49, three.

2. The staff delegates shall exercise the representation for which they were elected to the employer, and shall have the same guarantees and competences as established for the Enterprise Committees.

Staff delegates shall observe the rules on professional secrecy established for the members of the Company's Committees in Article 65 of the Staff Regulations.

Article 87. Works Committees.

1. The Enterprise Committee is the representative and collegiate body of all workers in the company or workplace for the defense of their interests, constituting in each work center whose census is 50 or more workers.

2. A Joint Undertaking Committee shall be established in the undertaking which has in the same province or in neighbouring municipalities, two or more centres of work whose censuses do not reach 50 workers, but which, as a whole, shall be added together. When some centres have 50 workers and others from the same province, the first ones will be the own Enterprise Committees and with all the latter they will be another.

Article 88. Competence.

1. The Enterprise Committee shall have the following

:

1. Receive information, which will be provided to you on a quarterly basis, at least on the general evolution of the economic sector to which the company belongs, on the situation of the entity's production and sales, on its production and likely development of employment in the enterprise, as well as the expectations of the employer on the conclusion of new contracts, with an indication of the number of new contracts and the types of contracts to be used and the subcontracting assumptions.

2. Receive the basic copy of the contracts referred to in Article 58 of this Collective Agreement and the notification of the extensions and the complaints relating thereto, within 10 days of the date of the take place.

3. Know the balance sheet, the Results Account, the Memory, and, in the event that the company reviews the form of company by shares or units, of the other documents that are made known to the partners and in the same conditions that these.

4. Issue report on the basis of prior to the execution by the employer of the decisions taken by him on the following issues:

a) Restructurings of template and total or partial ceases, definitive or temporary of that.

b) Day reductions, as well as partial total transfer of facilities.

c) Business training plans of the company.

d) Implementation or review of work organization and control systems.

e) Studies of times, establishments of systems of premiums or incentives and valuation of jobs.

5. Issue report when the merger, absorption or modification of the legal status of the company assumes any impact affecting the volume of employment.

6. To know the models of written work contract used in the company, as well as the documents related to the termination of the employment relationship. They will also receive information that will be provided to them on a quarterly basis on the movement of personnel.

7. Be informed of all the penalties imposed for very serious faults.

8. First to know, quarterly at least, statistics on the rate of absenteeism and their causes, accidents at work and occupational diseases and their consequences, rates of accident, periodic studies or Special environmental protection

work and the prevention mechanisms that are used.

9. Exercise a job:

(a) To monitor compliance with the existing rules on employment, social security and employment, as well as the rest of the agreements, conditions and uses of the company in force, making, where appropriate, legal action appropriate to the employer and the competent bodies or courts.

b) The monitoring and control of safety and hygiene conditions in the development of work in the company.

(c) TC-2, when there is a Business Committee, shall be delivered to it when requested. In the absence of this, they will be delivered to the staff delegate and in default of these these documents will be displayed in the bulletin board of the center of work.

10 To participate, as determined by mutual agreement, in the management of social works established in the company for the benefit of the workers or their family members.

11 Collaborate with the Company's Directorate to achieve the establishment of how many measures will be taken to maintain and increase productivity, in accordance with the agreement of this Collective Agreement and other provisions in force.

12 Inform your representatives on all issues and issues identified in this issue 1 as directly or indirectly as having or may have an impact on employment relationships.

2. The reports to be issued by the Committee on the basis of the powers referred to in paragraphs 4 and 5 of paragraph 1 above must be drawn up within 15 days.

Article 89. Professional capacity and stealth.

1. The Committee on Enterprise is recognized as a collegiate body to exercise administrative or judicial action in all matters relating to its powers, by a majority decision of its members.

2. The members of the Enterprise Committee, as a whole, shall observe professional secrecy in respect of paragraphs 1, 2, 2, 3, 3 and 4. of paragraph 1 of the previous Article, even after they cease to belong to the Enterprise Committee and in particular to all matters on which the Directorate expressly points out the reserved character. In any case, no document submitted by the company to the Committee may be used outside the strict scope of the document and for different purposes for which it was given.

Article 90. Composition.

1. The number of members of the Enterprise Committee shall be determined in accordance with the following scale:

a) From 50 to 100 workers, five.

b) From 101 to 250 workers, nine.

c) From 251 to 500 workers, thirteen.

d) From 501 to 750 workers, seventeen.

e) From 751 to 1,000 workers, twenty-one.

f) From 1,000 onwards, two per 1,000 or fraction, with the maximum of 75.

2. The Works or Works Councils shall elect from among its members a Chairman and a Secretary of the Committee, and shall draw up their own Rules of Procedure, which may not contravene the provisions of the Law, and shall forward a copy thereof to the Committee. employment authority, for the purposes of registration, and the undertaking.

The Committees must meet every two months or whenever requested by one-third of their members or one-third of the workers represented.

Article 91. Promotion of elections and electoral mandate.

1. The most representative trade union organisations, which have a minimum of 10 per 100 representatives in the company or workers in the workplace, may be promoted by staff delegates and members of the Enterprise Committees. by majority agreement.

The promoters shall inform the company and the public office dependent of the employment authority of their intention to hold elections with a minimum period of at least one month in advance at the beginning of the electoral process. In this communication, the promoters will have to identify precisely the company and the job centre in which it wishes to celebrate the electoral process and the date of the start of the elections, which will be the constitution of the electoral bureau and which, in all Case, it may not commence before a month or beyond three months counted from the register of the communication in the public office dependent on the labour authority.

When elections are promoted to renew the representation by the end of the term of office, such promotion may only be effected from the date on which three months are missing for the term of the term of office.

Partial elections may be promoted by resignations, revocations, or adjustments of the template increase representation.

2. Failure to comply with any of the requirements set out in this article for the promotion of elections will determine the lack of validity of the corresponding electoral process; however, the omission of the communication to the company may to be supplied by the transfer to the same copy of the communication submitted to the public office dependent on the employment authority, provided that it occurs at least 20 days prior to the date of initiation of the the electoral process set out in the promotion document.

The waiver of the promotion after the communication to the public office dependent on the labor authority will not prevent the development of the electoral process, provided that all the necessary requirements are met. validity of the same.

In case of concurrency of promoters for the holding of elections in a company or working center, the first registered call, except in the elections, shall be considered valid for the purposes of initiation of the electoral process. cases in which the trade union majority of the undertaking or working centre with a Business Committee has submitted a different date, in which case the latter shall prevail, provided that such calls comply with the requirements laid down. In the latter case, the promotion must be accompanied by a clear communication of the promotion of elections to which they would have carried out another or earlier ones.

3. The term of office of the staff delegates and the members of the Business Committee shall be four years, on the understanding that they shall remain in office in the exercise of their powers and their guarantees until they have been promoted and held new elections.

Only delegates of staff and members of the Committee may be revoked during their term of office, by a decision of the employees who have elected them, by means of assembly called for at least one third of the the electors and by an absolute majority of them, by means of personal, free, direct and secret suffrage. However, such revocation may not be carried out during the processing of a Collective Agreement, nor may it be reconsidered until at least six months.

4. In the case of a vacancy for any cause in the Enterprise or Work Centre Committees, it shall be automatically covered by the following worker in the list to which the replacement belongs. Where the vacancy relates to staff delegates, it shall be automatically covered by the worker who obtained a vote in the vote immediately below the last of the elected representatives. The substitute will be for the remainder of the term.

5. The replacements, revocations, resignations and extinctions of mandate shall be communicated to the public office dependent on the employment authority and to the employer, and shall also be published in the notice board.

Article 92. Guarantees.

Members of the Business Committee and staff delegates, as legal representatives of workers, will have the following guarantees:

(a) Opening of an adversarial file in the case of serious or very serious misconduct, in which the interested party, the Business Committee or other staff delegates shall be heard.

(b) Priority to remain in the company or work centre with respect to other workers, in cases of suspension or extinction due to technological or economic reasons.

c) Not be dismissed or punished during the performance of his duties or within the year following the expiry of his term of office, except where the term of office is due to revocation or resignation, provided that the dismissal or penalty is the action of the worker in the exercise of his or her representation, without prejudice, therefore, to the provisions of Article 54. Likewise, it cannot be discriminated against in its economic or professional promotion, precisely because of the performance of its representation.

(d) To express, collegiately whether the Committee is concerned, with freedom its opinions in matters concerning the sphere of its representation, being able to publish and distribute, without disturbing the normal development of the work, publications of employment or social interest, communicating it to the company.

e) To provide a credit of monthly paid hours each of the members of the Committee or delegate of staff in each work center, for the exercise of its functions of representation, according to the following scale:

Staff delegates or members of the Business Committee:

1. º Up to 100 workers, fifteen hours.

2. From 101 to 250 workers, twenty hours.

3. From 251 to 500 workers, thirty hours.

4. From 501 to 750 workers, thirty-five hours.

5. º From 751 onwards, forty hours.

Article 93. Accumulation and concentration of the credit schedule.

1. Agreements or systems for the accumulation of hours of the various members of the Committee or delegates of staff, in one or more of its members, shall be established without exceeding the total amount legally determined, and may be relieved or relieved of the works, without prejudice to their remuneration.

Both the transferor and the time credit transferee must inform the Company's Management of the transfer and accumulation of hours, in advance of five days at the date on which the credit schedule is to be used.

2. During the negotiation of the Convention the trade union representatives may, by mutual agreement with the company, increase up to 20 per 100 their reserve of hours laid down in this Convention, which shall be deducted in the successive months of the (i) a number of hours for attendance at meetings with the purpose of collective bargaining. To this end, they must be summoned by the General Secretary of the Trade Union Central, indicating the order of the day, and by giving the summons to the Directorate of the company in good time and subsequently justifying the time spent.

3. Members of the Deliberative Commission of the Collective Agreement who exceed the reserve of monthly hours in deliberative meetings of this Collective Agreement, the hours used in such meetings shall not be deducted.

Article 94. Right of information.

Companies will have to lend to the legalized union headquarters, with affiliates within them, a notice board instead of convenient and visible to the workers and of a similar size to the one that the company has in order to those who may place in it all the information they deem relevant, provided that the information is strictly related to labor or union issues that do not go against the laws in force.

The information that is placed on the bulletin board must be visada or sealed by the respective Central. No information will be allowed to be placed outside the board.

In the same bulletin board, photocopies of the TC-1 and TC-2 models of Social Security will be published monthly and as a complement to them, annually during the month of December, they will be specified in the nominal ratio of workers (TC-2), the age and date of seniority of the workers.

Article 95. Of the trade union action.

1. Workers affiliated to a trade union may, at the level of the undertaking or centre of work:

(a) To constitute Trade Union Sections in accordance with the provisions of the Statutes of the Union.

b) Celebrate meetings, collect fees, and distribute union information, outside of business hours and without disrupting the business ' normal activity.

c) Receive the information referred to them by the Union.

2. The Trade Union Sections of the most representative trade unions and of those who are represented in the Enterprise Committees or have staff delegates shall have the following rights:

(a) In order to facilitate the dissemination of those notices which may be of interest to the members of the Union and to workers in general, the company shall make available to it a notice board to be placed in the (a) the working centre and where appropriate access to the same worker is ensured.

b) To collective bargaining, in the terms set out in its specific legislation.

c) To the use of a local in which they can develop their activities in those companies or job centers with more than 250 workers.

3. Those who hold elective positions at the provincial, regional or state level, in the most representative trade union organizations, will be entitled:

(a) The enjoyment of the unpaid leave necessary for the development of the trade union functions of his or her office, and it is possible to establish, by agreement, limitations to the enjoyment of the same according to the needs of the production process.

(b) A compulsory surplus, with the right to reserve the job and to the time of age, for the duration of the exercise of his representative office, and to be rejoined to his post within the month following that of the date of termination.

(c) To assistance and access to work centres to participate in the activities of their trade union or the whole of the workers, after communication to the employer, and without the exercise of that right being able to to interrupt the normal development of the production process.

4. Union representatives who participate in the Collective Agreements Negotiating Commissions, maintaining their relationship as an active worker in any company, will be entitled to the granting of the paid leave that is necessary for them. the proper exercise of their work as negotiators, provided that the company is affected by the negotiation.

Article 96. Union delegates.

1. In companies or, where appropriate, in the workplace which occupy more than 250 workers, whatever the class of their contract, the Trade Union Sections which may be constituted by the workers affiliated to the Trade Unions with presence in The Enterprise Committees shall be represented, for all intents and purposes, by trade union delegates elected by and among their members in the enterprise or in the workplace.

2. The number of trade union delegates for each Trade Union Section of the Trade Unions which have obtained 10 per 100 of the votes in the election to the Enterprise Committee shall be determined according to the following scale:

a) From 250 to 750 workers: One.

b) From 751 to 2,000 workers: Two.

c) From 2,001 to 5,000 workers: Three.

d) From 5.001 onwards: Four.

The Trade Union Sections of those Unions that have not obtained 10 per 100 of the votes will be represented by a single union delegate.

3. Union delegates, if they are not part of the Enterprise Committee, shall have the same guarantees as those legally established for the members of the Company's Committees and the following rights:

1. Having access to the same information and documentation as the company makes available to the Enterprise Committee, with the trade union delegates being obliged to keep professional secrecy in those matters in which they are legally proceed.

2. Attend meetings of the Enterprise Committees and the internal organs of the company in the field of safety and hygiene, with a voice but without a vote.

3. To be heard by the company prior to the adoption of measures of a collective nature that affect the workers in general and the members of their trade union in particular, and especially in the dismissals and sanctions of these last.

4. Be informed and heard prior to the implementation or review of systems of work organization and any of its consequences.

5. In the area of workforce restructuring, employment regulations, workers ' transfer when they are a collective magazine or work centre in general, and above all project or business action that may affect substantially to the interests of the workers.

6. To represent and defend in the interests of the Union to which they represent and of the affiliates of the same in the company and to serve as an instrument of communication between their Central Trade Union or Union and the Direction of the respective companies.

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

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

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

Article 97. Union quota.

The company will proceed to the discount of the union fee on the wages and the corresponding transfer at the request of the union of the affiliated worker and after conformity, always, of this one, as long as there is no indication in during the period of validity of this Convention.

Article 98. Union leave in companies of less than 50 employees.

In the case of forced leave, in companies with less than 50 employees, those affected by the term of their leave will be governed by the provisions of article 9.1.b) of the Organic Law on Freedom of Association.

CHAPTER XI

The Meeting Right

Article 99. The workers ' assemblies.

1. In accordance with the provisions of Article 4 of the Staff Regulations, workers from the same undertaking or working centre have the right to meet in assembly.

The assembly may be convened by the staff delegates, the Business Committee or the working centre, or by a number of workers not less than 33 per 100 of the staff. The assembly shall be chaired, in any case, by the Enterprise Committee or by the staff delegates jointly, who shall be responsible for the normal development of the assembly, as well as for the presence in the assembly of persons not belonging to the assembly. company. It may only be dealt with in cases which appear previously on the agenda. The Presidency shall inform the employer of the invitation to tender and the names of the persons not belonging to the undertaking who are to attend the assembly and shall agree with him on appropriate measures to avoid prejudice to the normal business of the undertaking.

2. Where, for the purposes of working in shifts, the lack of premises or any other circumstance cannot meet the entire staff at the same time, without prejudice or alteration in the normal development of production, the various meetings (a) to be considered as a single and dated on the day of the first.

Article 100. Place of meeting.

1. The place of the meeting shall be the working centre, if the conditions of the meeting permit, and the place shall take place outside the working hours, except in agreement with the employer.

2. The employer shall provide the centre of work for the holding of the assembly, except in the following cases:

a) If the legal provisions are not met.

b) If less than two months have elapsed since the last meeting held.

(c) If the compensation for the damage caused by alterations occurred in any previous meeting, the compensation for damages had not yet been established or established.

d) Legal closure of the company.

Information meetings on collective agreements that apply to them shall not be affected by subparagraph (b).

Article 101. Call.

The call, with the expression of the order of the day proposed by the convenors, will be communicated to the businessman with forty-eight hours in advance, at least, owing to this acknowledgement.

Article 102. Votes.

When the convening of the assembly by the conveners of agreements affecting all the workers, it will be necessary for the validity of those the favorable vote personal, free, direct and secret, including the By mail, half more than one of the workers in the company or job center.

Article 103. Local and bulletin board.

In companies or workplaces, provided that their characteristics permit, a suitable premises in which they can carry out their activities shall be made available to the staff delegates or to the Business Committee. communicate with workers, as well as one or more bulletin boards.

The possible discrepancies will be resolved by the labor authority, prior to the Labor Inspection report.

CHAPTER XII

Safety and hygiene at work

Article 104. Working health-prevention delegates.

During the duration of this Collective Agreement and unless the Commission (set up for the study and adaptation to the Convention of the relevant legislation on the matter) establishes other rules, they may be designated by the representatives of the employees within the undertaking, as prevention delegates, other employees of the company themselves who are not representatives of the staff.

Article 105. Protection of maternity.

There will be the right to change the job after pregnancy, when it is shown that the conditions of work (toxicity, danger, penalties, raw materials, etc.) can produce abortions or deformations, making sure that equal pay and incorporation into her usual post when the worker rejoins after the birth.

Article 106. Rights of the working woman.

There will be no discrimination on the basis of sex in terms of remuneration, working time and other working conditions.

Article 107.

It is the desire of the signatories of this Collective Agreement to join forces to achieve maximum respect for the environment. This declaration must be the subject of permanent and shared concern on the part of the Directorate of companies and workers and their legal representatives.

CHAPTER XIII

Mixed Interpretation Committee

Article 108. Creation, composition, structure and functions.

1. Creation: Both negotiating parties agree to establish a Joint Commission, as an organ of interpretation, and to monitor compliance with this Convention, with a mandatory nature.

2. Composition: The Joint Committee will be joint. You may use the occasional or permanent services of advisers in all areas of your competence. Such advisers shall be freely appointed by each of the parties.

3. Structure: It will have a central and unique character for the entire Spanish State in accordance with the nature of the matters submitted to it. The Joint Committee may request aid and participations which may be necessary from the sectors concerned.

The Joint Committee will be able to create Subcommittees to deal with specific sub-sectoral and provincial issues if both parties agree. These Subcommittees shall be governed by the same general rules of the Joint Committee.

4. Functions: These are the functions of the Joint Commission, the following:

1. The interpretation and application of the Convention.

2. The analysis and negotiation on specific topics of the sector at the request of any of the parties on:

a) Expedients.

b) Crisis.

c) Safety and hygiene at work, etc.

3. A monitoring of the collective compliance of the agreed upon.

4. Acting in mediation and arbitration proceedings as governed by this Convention.

5. Homologar, legitimize and refer to the "Official State Gazette" for publication, all salary tables, either national or provincial, for any sector.

6. Legitimize the requests to neglect in terms of procedure and deadlines.

7. Approve those regulations that were necessary for their proper functioning.

8. Set the list of mediators and arbitrators for the resolution of the conflicts referred to in this Convention.

9. To promote and disseminate between the parties and the whole of society, the use of mediators and arbiters as a means of concertation and a solution to the dialogue of labor conflicts.

10. Agree within six months of the list of mediators and arbitrators, which shall be forwarded to the competent authorities for knowledge and dissemination in the relevant "Official Gazette".

11. Create Subcommittees to address specific sub-sectoral and provincial issues, if both parties agree. These Subcommittees shall be governed by the same general rules of the Joint Committee.

Article 109. Procedure of the Joint Committee.

The matters submitted to the Joint Commission of Interpretation shall be of a kind and extraordinary character. They will award such a qualification to the Central Trade Union or the Patron.

In the first case, the Joint Commission of Interpretation will have to resolve within 15 days and, in the second, in the maximum of eight days.

It will proceed to convene, interchangeably, any of the parts that integrate it.

Only means of consultations which, on the interpretation of the Convention, mediation, conciliation and arbitration, individual or collective, are presented to the same through some of the undersigned organizations.

CHAPTER XIV

Agreements on voluntary procedures for the solution

of collective conflicts

SECTION 1. MEDIATION AND ARBITRATION

Article 110. Agreement on out-of-court settlement of disputes (ASEC).

Under the provisions of Article 83.3 of the Workers ' Statute, the parties to the present Collective Agreement, that is, the Spanish Business Confederation of the Glass and Ceramics and the Organizations Trade unions CC.OO., UGT and IGC. They agree to accede to the Agreement on the Extractive Solution of Collective Conflicts, (ASEC), signed last January by the Employers ' Organizations, CEOE and CESME and the Trade Union Confederations of UGT and CC.OO. effect.

Article 111. Character of the stipulations.

The stipulations contained in this agreement subscribe to the character of the Collective Agreement.

Article 112. Scope.

This agreement has the entire national territory and its stipulations obligate the undersigned trade union and business organizations and their affiliated entities.

Article 113. Content.

1. This agreement regulates the procedures for the settlement of disputes between employers and employees.

2. The following are left out of this agreement:

The conflicts that are about Social Security.

Those in which the State, Autonomous Community, Diputations, Councils and agencies dependent on them are party that are prohibited by the transaction or compromise.

SECTION 2 COLLECTIVE CONFLICTS

Article 114. Conflicts which are the subject of proceedings.

It will be necessary to submit to the voluntary dispute settlement procedures included in this Section, those disputes or labor disputes involving a plurality of workers, or in which the interpretation, which is the object of divergence, affects supra-personal or collective interests.

Article 115. Types of voluntary procedures.

The voluntary procedures for solving collective conflicts are:

(a) Interpretation agreed within the Joint Commission of Interpretation of the Convention, established pursuant to Article 85.2 (d) of the Staff Regulations.

b) Mediation.

c) Arbitration.

Article 116. Obligation of the procedure.

The attempt to resolve the differences in work through the Joint Commission of Interpretation referred to in the previous article will have a preferential character over any other procedure, constituting a mandatory procedure, prior to and inexcusable, for access to the court in disputes arising directly or indirectly on the occasion of the interpretation or application of the Collective Agreement.

Article 117. Processing.

1. The mediation procedure shall not be subject to any pre-established procedures, except the appointment of the mediator and the formalisation of the agreement which, if appropriate, is reached. In addition, it shall be preceded by the procedure laid down in the previous Article.

2. The mediation procedure shall be voluntary and shall require agreement of the parties, which shall be documented, designating the mediator, and indicating the management or management of the mediator. This document shall be signed by an exemplary fourfold, one for each party being reserved and the third to the competent labour authority for the purposes of constancy and publication in the relevant 'Official Gazette'. Another copy shall be forwarded to the Secretariat of the Joint Committee.

3. The appointment of a mediator shall be mutually agreed by the parties.

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

4. Proposals for a solution offered by the mediator to the parties may be freely accepted or rejected by the parties. In the event of acceptance, the agreement obtained shall be effective as a statutory collective agreement, where such agreement is reached between sufficiently representative parties within the meaning of Title III of the Staff Regulations. Such an agreement shall be formalised in writing and shall be submitted to the competent labour authority for the purposes and within the time limit laid down in Article 90 of the Staff Regulations.

5. The actions of the mediators or the agreements reached in agreement will not affect the definition of pre-existing bargaining units. Some and others will be developed at the same level as the Convention whose stipulations give rise to the situation of the conflict.

Article 118. Acceptance of the solution of the conflict.

By means of the arbitration procedure, the parties to the conflict agree to entrust a third party and to accept in advance the solution that will dictate their differences.

Article 119. Formalities of the agreement to promote conflict.

1. The agreement of the parties to the arbitration shall be formalized in writing, so that in the arbitration agreement, at least the following extremes are found:

Name of the appointed arbitrator or arbitrators.

Issues that are submitted to the arbitration award and deadline to dictate it.

Domicile of the affected parties.

Date and signature of the parties.

The arbitration agreement will be the result of the free agreement of the parties.

2. Copies of the arbitration undertaking shall be made available to the Secretariat of the Joint Committee for the purposes of constancy and publicity to the competent labour authority.

3. The appointment of the arbitrator or arbitrators shall be free and shall be subject to impartial experts. The appointment shall be carried out in the same manner as the appointment for the mediators in Article 122 of this Convention.

4. Once the arbitration commitment has been formalised, the parties shall refrain from calling for any further proceedings on the matter or issues subject to the arbitration award.

5. In accordance with Recommendation 92 of the International Labour Organisation, where a collective dispute has been submitted to arbitration, with the consent of all interested parties, it shall be encouraged by the Secretariat of the Joint Committee the parties to refrain from striking or lockout for the duration of the arbitral proceedings.

6. The arbitration procedure shall be characterised by the principles of contradiction and equality between the parties. The arbitrator or arbitrators may request assistance from experts, if necessary. From the session or sessions the arbitrator or arbitrators shall take up the minutes.

Article 120. Enforcement of the award.

The arbitral award shall be binding and immediately enforceable in the face of the social jurisdiction. It will give a reasoned decision on each and every issue set out in the arbitration agreement.

Article 121. Communication of the arbitration undertaking.

The arbitrator or arbitrators, who shall always act jointly, shall communicate to the parties to the award within the time limit set out in the arbitration undertaking, notifying the Secretariat of the Joint Committee, or the employment authority which shall also be responsible for making the minutes or minutes of the penalties available.

Article 122. Deposit, registration and effects.

1. The award shall be the subject of deposit, registration and publication in the same way as those provided for in Article 90 of the Staff Regulations.

2. The arbitral award shall have a general effect where the parties have identical requirements to those referred to in Article 122 of this Convention.

Article 123. Actions against the award.

1. The arbitral award may be appealed only where the arbitrator or the arbitrators have exceeded their powers by resolving matters outside the arbitration undertaking, have been in breach of the principles to be encouraged by the procedure, the time limit laid down for the adoption of a decision or is in contradiction with constitutional or legal rules.

In these cases, they will proceed with the application of nullity that will be substantial in the social order of the jurisdiction.

2. The arbitration procedure referred to in Article 110 of this Convention shall apply.

Article 124. Mandatory labor arbitration.

1. Labour arbitration will only be enforced in the cases and with the characteristics set out in the judgment of the Constitutional Court of 8 April 1981. In such cases, in view of the economic and social significance, the Joint Commission for the Interpretation of this Agreement shall provide the parties in dispute with the list of arbitrators to assist them in the appointment of impartial arbitrators.

2. Without prejudice to the provisions of the preceding paragraph, in cases where the parties are unable to reach an agreement in spite of the long time since the beginning of the negotiation of a Convention, the Joint Committee shall propose to the parties. parties submitting their disputes to arbitration, proposing to them a list of arbitrators to choose between them.

Article 125. Remuneration of arbitrators and mediators.

In the event that the services of the arbitrators and/or mediators were to be used, the remuneration of the arbitrators will be agreed upon at the time.

ANNEX 1

Yields tables for the flat glass trade and manufacturing subsector

1. The holes to be glazed will be easy to access, without obstacles for the transit and fully prepared to receive the glass. This must not require any correction in its dimensions for installation and its weight per piece shall not exceed 20 kilograms per unit and operator.

2. The worker shall have the mechanical means necessary to access the hollow without difficulty (lifts, hoists, provided that the height is greater than four floors, and at lower heights, stairs).

3. The height of placement of the glass or support thereof shall be fixed as normal, which the worker can reach without any auxiliary means. Work that does not conform to this generality, will be agreed upon in the performance of common agreement between company and worker.

4. The general characteristics of the work or installation shall be sufficient in:

a) Lighting to be able to work.

b) Drinking water.

c) Independent local with door fitted with lock to store the material, accessories and tools, which, in the absence of another appropriate one will also serve as a dressing room whenever provided by the builder.

d) The tables of normal yields, if for the placement of the glass, the use of some electrical mechanical means are not applicable.

5. Tables of normal returns shall not apply during periods which the worker is subjected to in terms of temperature and noise at thresholds exceeding those permitted by the legislation in force.

6. The time spent in unloading the material at work or local provided by the construction company, as well as the recovery of the defective glass and of the excess, putty, etc., will not compute for the purpose of tables of normal yields. This table shall be considered from materials situated on the basis of work to be distributed and placed by the worker.

It is considered a work in urban estates, the portal of access to the building, and, in urbanizations, the entrance of the chale.

7. If the parts need to be heated differently than the normal of each of the parts, the standard yield tables shall not apply.

8. The company will provide the worker with the tool and tools necessary to carry out his work. This implies the disappearance of the tool plus. Both parties will be able to agree on the non-supply of the tool by the company and the maintenance in this case of the aforementioned plus.

9. The performance computation shall be per person and shall refer to the category of officer.

10. In any case, the rules on working conditions required by the General Ordinance on Safety and Hygiene at Work and the Labour Ordinance on Construction, Glass and Ceramics or existing legislation will be complied with.

11. Any difficulties that exist or arise in the course of work, which do not permit the attainment of the yields fixed in the tables, will be the obligation of the worker to put it in the knowledge of the company in the first daily part of the job and it will involve the No application of these tables.

12. It is a prerequisite for the application of the standard income tables, the existence of the Staff Committee or the Staff Delegate and the Committee on Safety and Hygiene at Work or Safety Watch. In those companies which, because they have fewer than six employees, there is no representation of them, it will be essential for them to appoint a Security Vigilante. The Vigilante will be chosen by the workers.

13. Verification of the Work Bulletin. Where it is decided to obtain verification of compliance with these tables of normal production yields, the company shall provide the worker subject to the verification of the Work Bulletin in accordance with the Annex.

The Work Bulletin will be filled out by the worker and endorsed by the Intermediate Command, weekly or monthly, giving the worker a copy of the same to the worker who agrees with his signature.

In case of discrepancy, the following procedure will be followed:

(a) The worker may make representations to the recipient of the Labour Bulletin.

b) If the discrepancy persists, the worker may, accompanied by his representative in the company, together with the recipient of the Work Bulletin go to the immediate higher command. In this case, the Labour Bulletin may be signed by the worker's representative, with both parties being able to make the claims they deem appropriate.

14. These tables of normal yields shall always apply when the provisions of these rules are complied with.

In the event of a discrepancy, the written communication to the company shall be required, the communication between the company and the Enterprise Committee, or the Staff Delegate or between the company and the Committee on Safety and Hygiene at Work, or Security guard, if there is a security, within ten days, extending in this respect the appropriate act of agreement or disagreement.

In case of a breach, both parties will submit it in writing to the Joint Productivity Commission, which will resolve it within ten days.

In the case of new disavenence, the competent labour authority may be used, in accordance with Article 39 of the Collective Agreement.

15. Where, for reasons other than the worker's wish, the worker is unable to fulfil or perform the work or tasks entrusted to the present tables, he or the operators shall receive the daily wage which he/she normally receives.

16. The tables of normal returns to be applied at any time will be made known to the workers and will be exposed in the bulletin board of the company.

17. The review of these tables will be carried out by the Joint Productivity Commission.

18. Placement modes:

Placement on wood with banged joint: 25 square meters/eight hours Official.

Placing on wood with bushing and bed putty: 21 square meters/eight hours Official.

Iron with metal junquillo and screws: 21 square meters/eight hours Official.

Aluminium with pressure rubber (U) or bushing: 18 square meters/eight hours Official.

Aluminium placement with snap-in: 21 square meters/eight hours Official.

Aluminium in sliding: 21 square meters/eight hours Official.

For tiles and double glazing, the present machine guns will be reduced by 10 per 100.

20. The content of these tables of normal yields refer exclusively to the placing of glass in new work, with the exception of industrial ships and other placements which, due to their limited area, require an agreement between the parts.

21. According to the Mixed Commission, "The footage shown in this table of yields is understood to be per person (First, second or third), with the peculiarities listed in the preceding paragraphs."

ANNEX 2

General salary tables

Level/Pesetas/day

II. /Staff entitled above/3.483

III. /Staff entitled medium. Chief 1. Administrative/3.274

IV. /Chief of staff. Assistant for work. Factory General Manager/3.169

V. /Administrative chief of 2. Top Delineant. General manager of work. Section Chief/3.073

VI. /Administrative officer of 1. 1st Delineant of 1. 3rd Organization Technician of 1. 1st Head or Workshop Encharged/2,979

VII. /Capataz. Trade specialist. Counter-Master/2,884

VIII. /Administrative officer of 2. No. 1. operator/2.784

IX. /Administrative Auxiliary. Concierge. Officer 2. operative/2.660

X. /Vigilante. Store. Assistant. Officer 3. Specialist of 1./2,562

XI. /Specialist 2. Specialised Peon/2.507

XII. /Pawn and cleaning staff/2.488

XIII. /Administrative aspirant. Buttons. Pinches/1.810

Plugins:

Assistance: 413 pesetas per day effectively worked.

Transport: 318 pesetas per day effectively worked.

ANNEX 3

Pay table for the province of Madrid

Level/Pesetas/day

II. /Staff entitled top/3.484

III. /Staff entitled medium. Chief 1. Administrative/3.274

IV. /Chief of staff. Assistant for work. Factory General Manager/3.202

V. /Administrative chief of 2. Top Delineant. General manager of work. Section Head/3.134

VI. /Administrative officer of 1. 1st Delineant of 1. 3rd Organization Technician of 1. 1st Head or Workshop Encharged/3.069

VII. /Capataz. Trade specialist. Counter-Master/3.005

VIII. /Administrative Officer of 2. 1st Officer 1. operative/2.979

IX. /Administrative Auxiliary. Concierge. Officer 2. operative/2.887

X. /Vigilante. Store. Assistant. Officer 3. Specialist of 1./2.833

XI. /Specialist 2. Specialised Peon/2,757

XII. /Pawn and cleaning staff/2.689

XIII. /Administrative aspirant. Buttons. Pinches/2.033

Plugins:

Assistance: 1,613 pesetas a week.

Transportation: 1,488 pesetas a week.

Diets:

Full diet: 3,712 pesetas.

Average diet: 727 pesetas.

Food and overnight: 2.284 pesetas.

ANNEX 4

Pay tables for the glass sector to the torch

Level/Pesetas/day

II. /Staff entitled top/6.630

III. /Staff entitled medium. Chief 1. Administrative/6.258

IV. /Chief of staff. Assistant for work. Factory General Manager/5,895

V. /Administrative Chief of 2. Top Delineant. General manager of work. Section Head/5.102

VI. /Administrative Officer of 1. 1st Delineant of 1. 3rd Organization Technician of 1. 1st Head or Workshop Encharged/4.314

VII. /Capataz. Trade specialist. Contract/4,186

VIII. /Administrative Officer of 2. No. 1. operative/3.501

IX. /Administrative Auxiliary. Concierge. Officer 2. operative/3.117

X. /Vigilante. Store. Assistant. Officer 3. Specialist of 1./2.928

XI. /Specialist 2. Specialised Peon/2,758

XII. /Pawn and cleaning staff/2.689

XIII. /Administrative aspirant. Buttons. Pinches/2.124

Plugins:

Assistance: 324 pesetas per day effectively worked.

Transport: 298 pesetas per day effectively worked.

ANNEX 5

Wage tables for the manufacture of glass bottles and containers by automatic procedure, Barcelona province

Basic

-

Pesetas/PAC

-

Pesetas/Weekly

-

Pesetas/Categories

Monthly Remuneration staff

Technicians and managers:

Head of Manufacturing/100.678/73,749/4,559

Section Manager/84,809/37,610/4,559

Contractor/82,050/21.685/4,559

Superior Eyeliner/87,519/36.070/4,559

First/84,780/30,232/4,559 Outline

Delineant second/84,780/19.340/4.559

Auxiliaries, over twenty years/74,408/12.894/4,559

Assistants from eighteen to nineteen years/73,672/5,306/4,559

Seventeen years old/51,795/18.004/3.104

Administrative:

Head of First/93.160/48.695/4,559

Head of second/87.460/36.016/4.559

First Officer/84,780/28.114/4,559

Second Officer/79,315/21.428/4,559

Auxiliary/77,813/7.476/4.352

Aspiring eighteen to nineteen years/76,408/7.476/4.352

Aspiring sixteen to seventeen years/51,795/23,635/2.486

Mercantile:

Head of Sales/87,519/36,277/4,559

Travelling or Agent/84,780/13,278/4,559

Sales Officer/76.408/10.449/4.352

Subalters:

Listers/55.478/13.091/4.143

collectors/76,408/11.477/4,352

Pawns/73,749/13.962/4.143

Store/73,676/13,754/4.143

Vigilante and Portero/76.410/2.799/4.352

Healthcare and Ordinance/73,672/2,799/4.143

Daily remuneration staff

Workers:

Archet/2,422/309/4.386

maq driver. 1 s.ks. Potg. /2.644/553/4.559

Maq mechanic. 1 s.ks. first/2.644/553/4.559

Maq mechanic. 1 s.ks. second/2,644/538/4,559

First/2,644/553/4,559 machine

Second/2,644/553/4,559 machine

First Smelter/2,644/538/4,559

First Sacador/2,644/478/4,559

Auxiliary First Services Officer/2,644/478/4,559

Second Sacador/2,545/501/3,815

First/2.455/175/4,352 Blower

Vigilante arca and arca corr. /2.455/175/4.352

Helper (all)/2.455/175/4.352

Second/2.455/175/4,352 Blower

Specialized Pawns/2.358/239/4.143

Second Auxiliary Services Officer/2,545/401/4.146

Peons and Cleaning Service/2.276/200/4.146

In addition all staff will receive per day worked, the following amounts:

Plus business stimulus: 231 pesetas.

Plus business stimulus pawns and specialized pawns: 375 pesetas.

Transport:

Home staff of the 1-kilometer radius: 59 pesetas.

Direct staff of the radius between 1 and 3 kilometers: 87 pesetas.

Home staff of more than 3 kilometers: 121 pesetas.

Garments (for replacement of your delivery): 56 pesetas.

In addition, all staff will be charged with the feast of San Miguel Archangel, patron of the Vidriera Industry, companies will pay their producers, whatever the system of their remuneration, an equivalent gratification. to five days of basic salary plus the plus of correct activity, increased in his case, with the prize of seniority if corresponding.

ANNEX 6

Salary Tables for Hollow Glass Manufacturing and Enrichment Of Barcelona (Table Service)

Basic

-

Pesetas/PAC

-

Pesetas/Weekly

-

Pesetas/Categories

Monthly Remuneration staff

Technicians:

Head of Manufacturing/100.678/71,828/4,559

Section Manager/84,780/37.710/4.559

Contractor/81,918/25.818/4.559

Administrative:

Head of First/93.160/49.152/4,559

Head of 2nd/87,519/34,872/4,559

First Officer/84,778/23,704/4,559

Second Officer/79,312/24,161/4,559

Auxiliary/77,786/5,861/4,332

Aspiring eighteen to nineteen years/76,408/4,439/4,352

Hopefuls of sixteen to seven years/51,795/17.833/3.104

Mercantile:

Head of Sales/87,519/34.112/4,559

Travelling or Corridor/84,780/16.981/4.559

Sales Officer/76.410/11.470/4.352

Subalters:

Store/73,672/13,642/4.143

Pawns of Peons/73,672/13,642/4,143

Listers/73,672/11,992/4.143

Sanitary and Ordinance/73,672/4.129/4.143

collectors/73,672/16.154/4,352

Guards and Watchers/73,672/4,481/4,143

Porters/73,672/4.481/4.143

Daily remuneration staff

(Trade professionals)

Great Square:

Master opener/2.766/1.512/4.559

First Blower/2.644/1.171/4.559

Second/2.644/707/4.559 blower

Uprising/2,592/412/4,352

Posters and Patrons/2,545/499/4.352

Jarra or 2. large square:

Opener/2,644/1.512/4,559

Blower/2,644/508/4,524

Asas Uprising/2.455/184/4.352

Fantasy:

Maestro/2.644/1.171/4.559

Uprising/2,545/412/4,352

First Bohemia:

Blower/2.644/1.171/4.559

Patron/2.455/713/4.352

Second Bohemia:

Blower/2,644/1,033/4,559

Patron/2.455/662/4.352

Third Bohemia:

Blower/2,644/707/4,559

Patron/2.644/504/4.352

Extra gas cup:

Maestro/2.644/1.171/4.559

Blower/2,644/712/4,559

Foot and leg lift/2.455/184/4.352

Gas cut glasses:

Blower all class/2,644/477/4,559

Fine Small Blowers/2,644/362/4,559

Current gas cups:

Foot and leg placement master/2,644/1.033/4.559

Blower/2,644/633/4,559

Lifting feet and legs/2.271/184/4.352

Hand-finished glasses:

Opener/2,644/1,033/4,559

Blower/2,644/712/4,559

Second hand finished glasses:

Opener/2,644/817/4,559

Blower/2,644/541/4,559

Extra refined press:

Starter/2.644/1.171/4.559

Presser/2.644/817/4.559

Uprising/2,545/412/4,352

Thumbnail press:

Starter/2.644/1.001/4.559

Presser/2.644/707/4.559

Uprising/2,545/412/4,352

Unrefined press:

Pressing/2,644/541/4,559 Uprising/2,545/369/4,352

Extra American Cups:

Foot Placement/2,644/835/4,559

Blower/2,644/707/4,559

Uprising/2.455/184/4.352

Current American Cups:

Foot Placement/2,644/70/4,559

Blower/2,644/605/4,559

Uprising/2.455/184/4.352

Hand plugs:

Taponero/2,644/808/4,559

Pressed plugs (stitches):

Taponero/2.455/184/4.352

Semi-automatic production:

First Maq Officer. /2.644/618/4.559

First Sacator Officer/2,644/435/4,559

First Soplator Officers/2.455/184/4.352

Second Maq officers. /2.644/477/4.559

Second Sacator Officers/2,545/412/4,559

Second Soplator Officers/2.455/233/4.352

A) Finished Section:

Gas cutters (Bohemia/F)/2.455/345/4.352

Current gas cutters/2.455/325/4.352

Charterers (B. and F.)/2,545/412/4,352

Fine Charterers around/2,545/412/4,352

Current Charterers/2,545/412/4,352

Chaflers (B. and F.)/2,545/412/4.352

Chaflanators (sound)/2,545/412/4,352

Handheld or Maq Reburners. /2.455/325/4.352

Current Chaflaners/2,455/325/4,352

Untillers/2.455/325/4.352

Pulters/2.455/325/4.352

Fine Tapponers/2,644/477/4,559

Semi-fine/2.455/646/4.352 Tapponers

Ordinary Tapponers/2,455/499/4.352

B) Rich Section:

Workshops:

First/2,644/836/4,559 Talker

Second/2,644/541/4,559 Tallator

Third/2.455/369/4.352 Tallator

Pulder/2.455/369/4.352

Decorated:

First decorator/2,644/836/4,559

Second Decorator/2,644/541/4,559

Third/2,545/369/4,352 Decorator

Mufleros/2,545/409/4,352

Serigraphed/2,545/409/4,352

Recorded:

Recorder to the Wheel of First/2,644/836/4,559

Recorder to the Wheel of 2nd/2.455/605/4.352

Recorder to the Wheel of Third/2,545/486/4.352

Recorder to Transparent/2,545/304/4.352

Panteng and Guillog/2,545/304/4.352

C) Section template:

First Smelter/2,644/477/4,352

Second smelter/2.455/486/4.352

Archet/2.455/334/4.352

D) Auxiliary Services:

First Officer/2,644/435/4,559

Second Officer/2,644/184/4,559

First/2,644/409/4,559

solo

Second/2,545/191/4,352 Soloist

Specialized Pawns/2.358/215/4.143

Peons/2.276/200/4.143

Cleaning Service/2.276/200/4.143

In addition, all staff will receive, per day of work, the following amounts:

Plus business stimulus: 231 pesetas.

Transport:

Personal domiciled within a radius of 1 km: 57 pesetas.

Personal domiciled within a radius of 1 to 3 kilometers: 87 pesetas. Staff domiciled within a radius of more than 3 kilometres: 121 pesetas.

Garments (for replacement of your delivery): 56 pesetas.

In addition, all staff will receive, on the occasion of the feast of San Miguel Archangel, patron of the industry, the companies will pay their producers, whatever the remuneration system, a gratification equivalent to five days of basic salary, more of the correct activity, increased in his case with the prize of seniority, if corresponding.

ANNEX 7

Wage tables for the extractive industries and industrial land manufacturing sector

The following industries fall within the scope of the national collective agreement for guidance.

Overall: Non-metallic or energy mines and quarries. More specifically. The holdings, milling, crushing and spraying carried out with the extraction or not of: Andalucite, clay, sand, sandstone, attapulgite, barite, bauxite, bentonite, limestone, kaolin, carbonate, quartzite, quartz, dolomia, shale, feldspar, magnesite, sepiolite, nefelinica, sienite, solimanite, talc, tripoly lands and all those predominantly used in the manufacture of glass and ceramics.

Base Salary

-

Pesetas/Levels/

Group A) Technicians

1. Graduates:

Engineers, Licensors, Capaz. Optional, Indoor Monitoring, Exterior Monitoring, Peritos and Practitioners/II/3,510

2. Not entitled:

Head of Factory or Workshop/V/3,200

Workshop Manager, Interior Watchers, Exterior Monitor, Toppographer, and First/VI Delineant/2,997

Topograph Auxiliary, Flat and Analyst/IX/2,688

Aspiring seventeen to eighteen years/XIII/1,839

Aspiring sixteen to seventeen years/XIV/1,688

Group B) Administrative

Head of First/III/3.295

Head of 2nd/V/3.097

First/VI Officer/2,997

Auxiliary/IX/2,688

Aspiring seventeen to eighteen years/XIII/1,839

Group C) Subalterns

Pawns/VII/2.907

Listers. Store. Juror. Save. Goalkeeper. Ordinance. Basculero. Pesador. Nurse. Dependent on economate. Cleaning staff/X/2,580

Buttons and Recadage from sixteen to seventeen years/XIII/1,839

Group D) Workers

1. Interior workers:

a) Professionals of first miners. Bores. Dockers. Pickers. First/VIII/2.801 treadmill

Second/XI/2.507

b) Specialists. Barrenero helpers, stowage and picker; tubero and fireman/X/2,668

Vagoner/XI/2,564

2. Workers from abroad:

a) Professional professionals:

First Officer/VIII/2,784

Second Officer/IX/2,688

Extraction and Drag Machinists, Barrack Load, and Fogonero/X/2,668

Third/X/2,580 Officer

b) Specialists:

Celers. Composters. Lampisteros. Striators. Millers. Crushers. Bonfire helpers. Sacks and other specialties/XI/2.507

c) Peons/XII/2,488

d) Pinches:

Aspiring sixteen to seventeen years//1,757

Aspiring seventeen to eighteen years//1,810

Pluses: Transport Plus 318 pesetas per day effectively worked. Plus assistance 413 pesetas per day effectively worked.

ANNEX 8

Pay tables for the flat glass trade and manufacturing of Valencia

Base Salary

-

Pesetas/Levels

Operatives

VIII/First Officer/2,784

IX/Second Officer/2,671

X/Watchdog/2.628

XI/Specialist Peon/2,574

XII/Ordinary Peon/2,524

Pluses: Transport 318 pesetas per day effectively worked. Of assistance 413 pesetas per day effectively worked.

Administrative

III/Head of First/124,819

V/Head of second/109,681

VI/Workshop Enload/100.033

VI/First Officer/100.039

VIII/Second Officer/86,817

IX/Subalternate Cobrator/81,532

IX/Auxiliary/81.532

XIII/Aspiring seventeen to eighteen years/54,302

XIV/Aspiring sixteen to seventeen years/38,655

Pluses: Transport 6,828 pesetas per month worked. Assistance 8.336 pesetas per month worked.

Diets: Full diet: 3,500 pesetas. Food and sleep: 2,522 pesetas. Average diet: 836 pesetas.

ANNEX 9

Salary Tables for the Cermic Baldess Sector of the Province of Valencia

Minimum

-

Pesetas/Media

-

Pesetas/Maxima

-

Pesetas/Categories/Levels

VII/Capataz/3.048//

VIII/First Officer/3.002/3.609/4.210

IX/Second Officer/2.908/3.491/4.064

X/First Specialist/2,884/3,457/4,031

XI/Second Specialist/2.848/3,423/3,998

XI/Third/2.842/3.409/3,981 Specialist

XII/Peon/2.826/3.387/3,958

XIII/Pinche/2.679/3.178/3.748

Pens: Assistance 416 pesetas per day effectively worked.

ANNEX 10

Accession to the Barcelona Flat Glass Manufacturing and Trade Convention

Agreement

In Barcelona on April 12, at the social headquarters of the Gremio del Vidrio Plano de Catalunya, located on the street Diputación, 239, 4. º, the members of the subcommission of the Collective Convention of the Plano Glass of Barcelona and the Province.

The subcommission consists of:

Business representation:

Don José María Sanuy de Rialp y don Federico Sen Tato.

By CC.OO.:

Don José Justicia Verdejo.

By UGT:

Don José Rodríguez Vasallo.

Secretariat:

Dona Gloria Puig Torrent.

The intervening parties are brought together by virtue of the provisions of Article 83 of the Collective Convention of the Plano Glass of Barcelona and Province 1991-1992, published in the "Official Gazette" of the province number 255, October 24 of 1991 and recognizing the capacity and legitimacy to adopt agreements and in compliance with the transitional provision fourth of the agreement of the 1994 Convention, created for the study and repeal of this Convention and its accession to the Collective Agreement of Glass and Ceramics, arrive at the following agreements:

First. -The parties agree to repeal the current Plano Glass Convention of Barcelona and Province, adhering to the State Collective Convention of Glass and Ceramics, incorporating this agreement as an annex to it and maintaining in force the points mentioned in this agreement, which will apply to the flat glass industries, traders to the largest and least of them.

Second.-The salary tables in force for the 1995 financial year will be those incorporated as Annexes 1 and 2.

Third. -The Barcelona and province diets will remain in force and are quantified in the following quantities:

Full diet for 1996 and 1997: 4.007 pesetas.

Full diet for 1998: 4,500 pesetas.

Average diet: 1.243 pesetas.

Fourth. -Assistance and transportation supplements will be the state, maintaining the most beneficial conditions for the worker.

Assistance: 413 pesetas per day effectively worked.

Transport: 317 pesetas per day effectively worked.

Fifth. -Manhas the gratification of San Antonio, quantified in 6,211 pesetas, which will be effective on June 13.

Sixth. The plus of assistance will be met for six days when the payment is weekly and twenty-five days when the payment is monthly.

Seventh. -The joint sub-committee on the interpretation of the Convention for the Province of Barcelona is maintained.

Eighth. -Likewise, the subcommission of continuing training is maintained.

There are no other issues to be dealt with at the end of the meeting at the eighteen hours of the day and place indicated above.

ANNEX II

Salary Tables 1996

Base Salary day

-

Pesetas/Categories/Level

II/Engineers/4,919

II/Licensed/4,633

II/Perios/3,471

III/Technical Assistant/3.236

III/Chief Administrative Officer/4,054

IV/Factory Head/4,627

IV/Project Delineant/3,452

V/Chief Administrative Officer/3.460

VI/Workshop Enload/3,460

VI/Delineant/3.201

VI/First Administrative Officer/3.323

VI/Seller/3.220

VII/Second Administrative Officer/2.089

VIII/Contractor/3.305

VIII/Calcador/3.067

VIII/First Officer/3.151

VIII/Peon Capataz/2,655

IX/Second Officer/2,664

IX/Portero/2,444

IX/Ordinance/2,444

IX/Administrative Auxiliary/2.490

X/Cobrator/2.766

X/Listero/2,700

X/Store/2,728

X/Juror/2,561

X/Ordinary Guard and Watcher/2,444

X/Basculero and Pesator/2,444

X/Sanitary not titled/2,444

X/Auxiliary lab. administrative over eighteen years/2,444

XI/Third and Assistant Officer/2,568

XII/Cleaning Staff/2,444

XII/Peon/2,503

XII/Buttons of seventeen and eighteen years/1,845

Single transient arrangement.

A Work Commission is created that will negotiate:

(a) The wage structure that will include, among other things, the plus of nocturnity. Work must be completed before the end of 1996.

(b) The replacement of seniority within a period not exceeding one year.

(c) The creation of the sectoral Commission for continuing training, the work of which should be completed by 30 June 1996.

d) The adaptation of the Labour Health Law, whose work will be completed by 31 December 1996. This document shall be incorporated into the text of this Convention once it has been approved by the Permanent Negotiating Committee for these matters.

e) The elaboration of the proposals of professional groups and the integration in the same of the current professional categories. This Commission shall be composed of representatives of each of the activities at any time. Their work must be completed by 30 June 1997.

The integration of the work of the same to the Collective Agreement shall be carried out in accordance with the same procedure as the one set out in the previous paragraph.

Final disposition first.

Realizing and accepting adherence to this Collective Agreement of the:

(a) Provincial Collective Agreement of Ceramics Industries of Valencia in the terms of that agreement as from 1 January 1997.

b) Collective Agreement of the company "Aragonese Ceramic Industries, Limited Company", in identical terms.

Final disposition second.

The literal text that on professional classification contained the Work Ordinance of the Construction, Glass and Ceramics of 28 August 1970, until its replacement by the work, is incorporated into the present Collective Convention. entrusted to the Commission, which is referred to in the single transitional provision.