Having regard to the text of the Collective Labour Convention for the Service of the Administration of Justice (Convention Code number 9000061), which was signed on 16 April 1996, on the one hand, by members of the Central Bank trade unions of CC.OO., UGT and CSI-CSIF, representing the working group concerned, and of another, by representatives appointed by the most illustrious Mr Secretary-General of Justice representing the administration to which the report is attached approved by the Ministries of Economy and Finance and Public Administrations (Executive Committee of the Inter-Ministerial Committee on Remuneration), in compliance with the provisions of Law 41/1994 of 30 December 1994 on the General Budget of the State for 1995, and in accordance with the provisions of Article 90 (2) and 3, of the Royal Legislative Decree 1/1995, of 24 March, for which the recast text of the Law of the Workers ' Statute is approved, and in Royal Decree 1040/1981, of 22 May, on the registration and deposit of Collective Labour Conventions,

This General Address agrees:

First. -Order the registration of the said salary revision of the Collective Agreement in the corresponding Register of this management center, with notification to the Negotiating Commission, with the warning to the same of the obliged compliance with Law 41/1994, of 30 December, of the General Budget of the State for 1995 in the implementation of the Collective Agreement.

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

Madrid, June 10, 1996. -Director General, Soledad Cordova Garrido.

COLLECTIVE AGREEMENT OF THE WORKFORCE TO THE SERVICE

OF THE ADMINISTRATION OF JUSTICE

TITLE I

Parties that make it aware

Article 1.

This Convention subscribes between the following parties that are entitled to arrange the same:

In representation of the Administration:

Don Luis Cueto Alvarez de Sotomayor.

Don Antonio López López.

Don Julio Bernases Enguita.

Don Miguel Angel Cortes Vega.

Dona Mercedes Martín Fernández.

Don Manuel Herrero Tascon.

Don José Miguel Sánchez March.

By appointment of the illustrious General Secretary of Justice.

In representation of the union headquarters by them designated:

CC. OO.:

Dona Happiness Heras Sanchez.

Don Jose Manuel Borje Sotillos.

Dona Herminia Santos Turrado.

Don Pedro Azorin Soler.

Don Luis Jesus Prieto Dominguez.

Dona Belén Mananes Zamora.

UGT:

Don Jose Maria Blanco Lazaro.

Don Miguel Carlos Guerrero Pardo.

Don Ricardo Gomez Garcia.

Don Francisco Javier Uribe Garcia.

Don Fernando Artacho Terrer.

CSI-CSIF:

Don José María Villanueva Nistal.

Don Carlos Fuentes Furcos.

TITLE II

Scope, validity, and organization of the job

Article 2. Functional scope.

This Convention aims to regulate the relationship between the Ministry of Justice and the Interior and the employment staff of the Administration of Justice, as well as the conditions of employment. work and productivity of this collective, seeking the unification of the regulatory regulations for these workers and the retributive uniformity of the same with the rest of the public employees, according to their professional category.

The signatory parties recognize the superiority and enforcement of the Collective Agreement on any individual pact or contract.

Article 3. Personal scope.

1. This Convention shall apply to the staff working in the Administration of Justice.

2. Workers who provide services in any of the organs and units of the Administration of Justice, in accordance with current labour law, are considered to have or do not have a written contract.

3. It is excluded from the scope of this Convention:

(a) Staff who have the status of a public official with a destination in the Administration of Justice.

(b) Staff whose relationship with the Administration of Justice derives from a temporary administrative contract.

(c) Staff who, belonging to the templates of other entities, carry out activities for the Administration of Justice, under a contract of works or services awarded between that department and those mentioned above. entities, in accordance with the applicable administrative procurement rules.

d) Professionals whose relationship with the Administration of Justice derives from a contract of works or services and do not have such professionals the character of fixed staff of the department.

e) The fixed employment staff of the Administration of Justice who, as a consequence of having been transferred to an Autonomous Community, will depend on it, without prejudice to the provisions of its Statute of Autonomy, (a) the transfer and the provisions of Article 15 (3) of this Convention.

Article 4. Territorial scope.

This Convention will apply throughout the Spanish territory, except in those of the Autonomous Communities in which the transfer process has occurred.

Article 5. Period of validity.

1. The duration of this Convention shall be four years, from 1 January 1993, without prejudice to the negotiation of the revision of the salary tables annually, or in minor periods and other economic matters, with the increases laid down. by the Ministry of Economy and Finance, if so authorized by law.

2. This Collective Agreement shall enter into force on the day of its publication in the Official Gazette of the State, but its economic effects shall be rolled back to 1 January 1993, in accordance with the salary tables set out in Annex I, with the exception of Any reclassification or reclassification referred to in the Annexes to this Convention, the economic effects of which will arise on the dates for which it is determined.

Article 6. Complaint, review and extension.

1. This Convention may be denounced by the signatory parties three months in advance of the date of its expiry.

2. The Convention shall, however, be deemed to have been automatically denounced on 31 December 1996.

3. Where the competent jurisdiction declares the origin of some of the clauses agreed upon or the two parties decide by common agreement, the total or partial negotiation of the content of the Convention may be carried out.

4. This Convention shall be denounced, its normative content and mandatory clauses shall remain in force, as long as no express agreement is reached and the new Convention has entered into force.

5. The Negotiating Committee of the following Convention shall be constituted and convened within a maximum of 30 days after the date of denunciation.

Article 7. Organisation of work.

1. It is for the Secretary-General of Justice and the management bodies of the Ministry of Justice and Home Affairs to delegate and to the territorial authorities of Justice to organise the work. Its practical application is to the Secretaries of the judicial bodies, the Chief Prosecutors and the Directors of technical bodies in their respective fields, with respect to the workers assigned to them. This is without prejudice to the rights and powers of hearing and information recognised to workers in Articles 40, 41 and 64.1 of Royal Decree-Law 1/1995, which approves the recast of the Law on the Statute of the European Communities. Workers and in the Organic Law 11/1985, of 2 August, of Freedom of Association.

2. In compliance with the obligation to work on the contract, the worker shall, with due diligence and cooperation due to the Administration of Justice, carry out the tasks entrusted to him in the regular exercise of his duties. included in the definition of their professional category in this Convention, and the complementary ones.

3. The authorities of the Ministry of Justice and Home Affairs may take the measures they consider to be more appropriate for surveillance and control to verify compliance with the obligations and obligations arising from the Convention for both parties, In this case, the actual capacity of the reduced workers is taken into account.

4. The workforce of the Administration of Justice, adjusted to the levels, professional categories and specialties of this Collective Agreement, will be prepared by the Subdirectorate General for Planning and Management of Resources. Human rights of the General Secretariat of Justice, in collaboration with the Territorial Management of Justice, after negotiation with the trade union representatives, within the Joint Committee provided for in the following article.

Article 8. Joint Committee on Surveillance, Interpretation and Study of the Convention (CPVIE).

1. Within 15 days of the publication of the Convention, a Joint Committee shall be set up with the task of monitoring, interpreting and studying the whole of the Convention and with functions, as well as conciliation and arbitration.

2. This Commission shall be composed of two representatives from each of the trade unions who have obtained the most representative status in the last trade union elections and signed this Collective Agreement, and on the other hand, of as many representatives of the Ministry of Justice and Home Affairs as necessary to match the representation of the total of the trade unions, so that their composition would be equal. All parties may be advised of the persons they deem appropriate, who shall act with a voice but without a vote.

3. The Commission shall draw up a Regulation and shall elect a Secretary from among its members.

4. The Joint Committee shall hold a bimonthly meeting, on an ordinary basis, on an extraordinary basis when requested by one of the parties.

5. This Commission shall remain in operation until the entry into force of the following Collective Agreement.

6. The Joint Committee's agreements shall be drawn up. The opinions of the Commission shall be binding when unanimity is reached within the Commission, without prejudice to the right of workers to take the appropriate administrative or judicial action. In any event such agreements shall be notified to the parties concerned within 10 days of the date of approval of the minutes.

The parties, by unanimity, may appoint a mediator to resolve the disputes arising.

The Joint Commission will make public agreements and projects on topics of general interest or when it affects a significant number of workers.

7. Functions of the Joint Committee:

a) Interpretation of the whole of the Convention.

b) Monitoring of compliance with the agreement.

c) Cause for information and evaluation of programmes, projects, etc., to be carried out by the Administration of Justice, which may modify the working conditions, as well as to propose issues that may result beneficial for the organization and rationalization of work.

d) The reconciliation of those issues that are subject to common agreement by the parties.

e) To issue reports and proposals to the negotiating parties of a higher level that affect the staff included in the scope of this Convention.

f) To participate in the definition and elaboration of the proposal for the offer of public employment and at the bases of the call for it.

g) Control and monitoring of functional and geographical mobility and mandatory negotiation in this Commission.

(h) Any other functions which tend to the best effectiveness of the Convention or have been expressly attributed to it.

8. In order to resolve the competition issues of the Joint Committee, the Joint Committee may set up as many sub-committees as necessary. The subcommittees will also be paritaires and the members of the social part will be appointed by the trade unions. Such subcommittees may be among others:

a) Subcommission of competitions and competitions.

b) Sub-committee on the definition of functions and content of professional categories.

c) Subcommission of conflict resolution.

(d) Subcommission of employment.

Article 9. Regulatory concurrency.

The conditions set out in this Convention are considered to be minimal and binding. In the event of two or more labour standards, both state and agreed, the following circumstances will apply:

(a) That they as a whole are more favourable to the worker.

b) That they do not violate necessary precepts of law.

TITLE III

Selecting and hiring staff

Article 10. Basic principles of selection and recruitment.

The selection and recruitment of the workforce covered by this Convention shall be carried out under the principles of publicity, equality, merit and capacity.

According to the powers assigned to them, it is up to the Secretary-General of Justice or the Territorial Managers to carry out the procurement.

Article 11. Modalities of procurement.

1. The employment staff may be employed as a permanent staff member, for a limited period of time and with an interim contract.

1.1 Fixed staff are the one who currently occupies a fixed position in the workforce of the units of the administration of justice and technical bodies assisting the establishment, and which is subsequently integrated into the workforce. by the system governed by this Convention or by judgment. Contracts may be made only for categories and specialities existing in this Convention or for those which are approved in accordance with the provisions of this Convention.

1.2 Limited-time contract staff are those who contract for temporary, circumstantial and exceptional reasons that occur in the administrative units for increased work that cannot be taken care of by the establishment plan for staff. In such cases, the contract shall have the maximum and minimum duration laid down in the Staff Regulations and supplementary provisions, in accordance with those other conditions laid down in those statutory rules.

This recruitment will take place under the terms of Article 35 of Royal Decree 364/1995 of 10 March, and other provisions of general application on the recruitment of labour personnel.

1.3 Interinity contracts will be those that are performed for the replacement of a fixed employee in a workforce with the right to reserve the job, due to any of the temporary situations of incapacity for work (a) temporary invalidity, where the same duration is estimated, maternity, permanent invalidity declared in accordance with the provisions laid down in the second paragraph of Article 1 (1) of Regulation (EEC), EEC, EEC, EEC, EEC, EEC, EEC, EEC, EEC, EEC, EEC, EEC, Article 48.2 of the Royal Decree of Law 1/1995 of 24 March, approving the text recast of the Law of the Workers ' Statute, compulsory or voluntary military service or replacement social provision, representative trade union public office, unpaid leave, and to cover provisionally the vacancies that occur, and whose coverage is necessary for the service, until they are covered by fixed staff in any of the forms provided for in the Convention, the needs that originated their coverage disappear, or the other circumstances that put an end to the contractual relationship.

2. All contracts of employment shall be concluded in writing and shall make express reference to this Convention, specifying the professional category, the craft, the working time and time for which the worker is employed and the period of proof, Article 19 of this Convention is the subject of Article 19 of the Convention.

2.1 The contract must include a clause that the contract is signed by the worker with knowledge of the obligations laid down in Law 53/1984 of 26 November on incompatibilities, and that the non-compliance with the the contract may be terminated, without prejudice to the disciplinary responsibility which may be deducted from the other job which it is carrying out.

2.2 The trade union representatives shall be delivered within ten days legally established, a simple copy of the contracts to be signed, which shall contain the basic specifications thereof, including salary, category, specialty, day, shift and job.

The Administration shall comply with the duties of information to the legal representatives of the workers specified in points 2 and 3 of Article 1 of Law 2/1991 of 7 January.

3. Before joining its first destination, any contract shall take the oath or promise established in accordance with the legally approved formula.

4. Workers shall be incorporated into their position of work in the terms and time limits indicated by the notice on the basis of which they agreed, with the responsibility of the Administration being made up and in the respective (a) the contracts for the signature of the persons concerned.

5. The Administration, on the occasion of the termination of the contract, when notifying the workers of the complaint or, where appropriate, the notice of the termination of the contract must accompany a proposal of the settlement document of the amounts due. The worker may request the presence of a legal representative of the employees at the time of signature of the receipt of the finiquito, stating in it the fact of his signature in the presence of a legal representative of the workers workers, or that the worker has not made use of this possibility. If the presence of the representative is prevented at the time of signature, the worker may make it on the receipt itself, for the appropriate purposes.

Article 12. Bags of work.

The hiring of interim or limited-time personnel shall be made, except as provided for in the procurement through INEM in the cases that are determined, among the persons included in the work bags that are constitute and manage by the Territorial Management of Justice, according to the circumstances of employment of each of them, with the intervention of the representatives of the workers, according to the established in the following points.

notwithstanding the above, in application of the Administrative Agreement of 16 September 1994, those workers who occupy a permanent and non-cyclical job, and whose contract is terminated, will be rehired to carry out the same job, provided that the place previously occupied by the end of his contract remains vacant, under the provisions of Royal Decree 2546/1994 (interinage to cover square). vacant), without being selected through the work bag, and provided that consist of the required authorisations.

1. Call:

1.1 The Territorial Gerences of Justice of Asturias, Baleares, Cantabria, Las Palmas, Madrid, Malaga, Granada (only for the province of Granada), Zaragoza (only for the province of Zaragoza), Seville (only for the provinces of Seville and Cadiz) and Valladolid (for the province of Leon only), will call for the formation of the work bag for all categories of work, except those declared to be extinguished, which have been assigned to the catalogue of jobs, whether or not covered by fixed or temporary staff.

1.2 The territorial territorial management referred to in point 1.1, for the rest of the provinces, as well as the other Territorial Gerences not mentioned in that point, shall call for the formation of only working bags for those categories of work, except those declared to be extinct, which are assigned to the catalogue of jobs and are vacant when the call for any of them is made or is provided for in the Commission's opinion of Valuation. In addition, they will call in any case the cleaning bag.

1.3 The call will be published on 1 April and will be signed before 1 June.

1.4 Where, in the field referred to in point 1.2, there is a vacancy or provision for a vacancy, due to temporary incapacity, maternity, retirement, transfer, etc., in categories for which it is not formed the work bag, the Management will convene it at the time of the occurrence or to have knowledge of its future need, and will be constituted in firm in the shortest possible time.

2. Formation of the bags.

2.1 Requirements. -It will be a prerequisite for the processing of the application to accompany the following documentation:

National identity document (photocopy).

Titling (pulsed photocopy):

(a) For all categories, the title required for each category as set out in Annex III to this Convention.

(b) In addition to the qualifications expressed in subparagraph (a), for the categories of Educators, Diplomatic Experts, Judicial Experts BUP, Translator-Interpreter, Heads of Maintenance, Conservatives, First and Second Officers (a) a certificate issued by an official centre (Vocational Training, Technical Diplomatures, INEM Courses, etc.) which accredits the knowledge relating to the speciality for which the applicant wishes to be included in the Official Journal of the European Union the work bag. This specific qualification may be replaced by a professional curriculum which, by means of work contracts, provides evidence of a minimum experience of one year in the same field.

2.2 Stock exchange training. -Applicants whose request is admitted for complying with the above requirements will be placed in their corresponding work bag by order of punctuation, which will be fixed on the basis of the following scale:

For services provided as employment personnel of the Administration of Justice, with a temporary contract, in the same category in whose stock exchange requests its inclusion: One point per year or fraction equal to or greater than six months.

By proven professional experience, through employment contracts, in the same specialty for which you apply for inclusion in the work bag, acquired outside the Administration of Justice: 0.75 points per year or a fraction of more than six months. In the event that they have accredited this experience, in place of the specific title referred to in point 2.1, the first year shall not be counted for the scale.

For having achieved the minimum score in some exercise of the last opposition for income as labor personnel of the Administration of Justice, previously called to the formation of the stock exchange in the same category in the Request your inclusion in the bag: 0.75 points for each exercise with minimum score.

If any temporary contract is terminated during the currency of the exchange, you may apply again for its inclusion in the category in which it has ceased and will be placed in the last place, unless the duration of the contract it would have been less than six months, if they returned to the place corresponding to their baremus score.

3. Selection.-The management of the work bags will be carried out by a Commission of Valuation that will be constituted in each Territorial Management and that will be integrated by the territorial manager and a member of each union center more representative. This Commission will have the following functions:

Elaboration of the basis of the call for the work bags.

Check the requirements alleged and justified by the applicants.

Valuation of the merits contributed.

Elaboration of the generic offer to INEM, if applicable.

The procurement shall be done in favour of the person who is first listed on the relevant stock exchange, taking into account the requirements of the following point.

4. Management of the bags.

4.1 A working bag for each category of work and province shall be convened and formalised, as set out in point 1, and in accordance with the criteria to be established in the Valuation Commission.

4.2 A number of applicants above the existing template of each category plus 10 per 100, or one more aspirant in the event that the percentage is less than one, cannot be included in the bag.

The remaining eligible applicants will integrate the reserve list by order of the order.

4.3 All applications must be accepted and the applicants must present the supporting documentation of the required requirements, not in the case of their application, in which they must also appear to be This is the place of preference where they wish to be hired, if not, that they aspire to any post in the province.

In addition, they will have to present at the time of the hiring of the INEM job demand card.

4.4 For recruitment, they will be called, according to their order in the corresponding work bag, those whose locality of preference matches the job object of the hiring.

4.5 If any of the so called disclaims or is not submitted to the contract, it shall be excluded from the stock exchange, unless the contract relates to a job with reduced working time.

4.6 The working bags will be in place for two years from their constitution, and they can be integrated by the applicants from the reserve list, when, within that period, they would have been exhausted.

4.7 In the event that the coverage of any work place will require an urgent contract appreciated by the Valuation Commission, by majority of the social part, that cannot be realized because there is no bag constituted or to be The selection will be made by means of a generic offer requested from the INEM with the intervention of the Valuation Commission.

4.8 For the recruitment of the labour staff of the judicial bodies based in the Basque Country, a work bag will be set up to be managed in the General Planning and Management Subdirectorate Human beings, constituting the Commission of Valuation of this bag by a representative appointed by that unit and by the representatives of the social part who are part of the Commission of Valuation of the Territorial Management of Madrid.

Article 13. Provision of vacancies.

1. The procedures for the selection and recruitment of new staff will be carried out in accordance with the public offer of employment. The selection procedures for the internal promotion system shall be carried out at least once a year. For these purposes, the provisions of Royal Decree 364/1995 of March 10, for which the General Staff Regulations for the Service of the State Administration are approved, will be taken into account.

2. The staff vacancies that occur in the templates shall be provided as follows:

a) Reentry of surpluses.

b) Transports.

c) Internal promotion.

d) Free (new income)

Article 14. Reentry of surpluses.

1. The re-entry of the surpluses will be produced according to the following order of preference:

a) Forcible surpluses, when their place would have disappeared.

b) Surplus for child care.

c) Voluntary surpluses due to incompatibility.

d) Voluntary surpluses for particular interest.

2. The re-entry, in the case of forced leave, must be made within the month following the end of the public office representative or of the elective trade union functions. After such a period has not been reentered, the worker shall automatically move to the situation of voluntary leave of interest. In the event that his or her job, which he has the right to retain, would have disappeared, the forced surplus would be reentered in the same way and conditions as the surplus volunteers.

3. The surplus worker for the care of children, after the period in which he is entitled to the reserve of his job, if he had not been reinstated during that period, shall return in the same manner and conditions as the surplus volunteers.

3. The surplus worker for the care of children, after the period in which he is entitled to the reserve of his job, if during the same period he has not been reinstated, shall return in the same manner and conditions as the surplus volunteers.

4. The voluntary surplus worker applying for re-entry, once authorised, must take part in the first transfer contest to be called, awarded the appropriate place. Until such time, it may be provisionally attached to a position of work of its own level and category or category, within its level, or of a lower level, at the option of the worker, if there is a vacancy in the locality which expressly request the data subject. Seats provisionally covered shall necessarily be included in the first transfer course to be convened.

Those from this situation will enjoy the right to obtain, for once, a destination in the same locality where their services were located when they were declared surplus.

Article 15. Transfers.

1. The voluntary transfer in the form of transfers may be granted only to fixed staff and on the occasion of a vacancy to which he is entitled to access, within the same category and subject.

2. The voluntary transfer competitions shall be convened at least once a year and shall include the places offered and those which are subsequently held, unless the basis established through the CPVIE is determined to the contrary. to the results.

3. The call for transfer competitions shall provide for the participation of workers transferred to the Autonomous Communities, indicating the conditions of such possibility.

4. The transfer contest shall be decided on the basis of the seniority of the worker in the category and specialty. To the exclusive effects of the calculation of the age for the transfer competitions, they will be granted two years of seniority, in addition to the one they have, to those workers who will be able to take places with a day higher than that of their job current. In equal circumstances preference will be given for this order:

(a) To the applicant whose spouse or partner with whom he/she lives has been forcibly transferred to a place of employment in the locality to which he applies for the transfer, provided that the transfer of the spouse has been After effective performance of the worker's current position.

(b) applicants who have children of school age and in their place of residence do not have adequate teaching or special training centres for the disabled and prove their existence in the locality for which they apply for the transfer.

c) For reasons of the health rehabilitation of the worker or his/her relatives within the first degree of consanguinity, where appropriate centres are justified in the locality to which the transfer is requested and their Lack in the locality of the current position of the worker.

All of these circumstances must be sufficiently documented.

In the event that these circumstances are not given, at the same age, it will be awarded to the person who obtained the best score in the competitions. If there is no punctuation in these oppositions preference will be given:

a) To whom I applied for a place in different locations.

b) Who would not have been granted the transfer in a period of two years.

(c) If the tie persists, the alphabetical order of the first last name shall be followed, in accordance with the Resolution of the Secretariat of State for Public Administration, in force as provided for in Article 17 of the Royal Decree 364/1995, of 10 March, for which the Rules of Procedure, Provision of Jobs and Professional Promotion are approved.

5. In the case of vacancies which are advertised in a given contest for the same municipality, two workers who meet the required requirements may make their requests conditional on the fact that they both obtain a destination in that municipality. contest in the same municipality, judicial party or province, in the terms that the convocation establishes, understanding otherwise, the request made by both of them has been annulled. Workers who take part in this conditional request must put it into practice and accompany a photocopy of the other worker's request.

6. Workers who have obtained a place by a transfer contest shall, in the same way as the official staff, have a period of 30 calendar days from the effective cessation of the provision of duties in the preceding destination, to be incorporated into the If you are in a different locality, or three days on the other hand, this period is calculated as an effective work and you will be obliged to stay in the job that would have been for you for a year since the incorporation effective.

The destinations awarded will be unrenountable.

7. For the Secretary-General of Justice on a proposal from the authority of those who are functionally dependent, the extension, for the maximum period of one month, may be agreed in the cessation of the provision of services of the worker who has been transferred, if considers the service to be a serious disturbance that does not end reports or files assigned to it. The time limits expressed in the previous point shall start counting from the effective cessation.

Article 16. Internal promotion.

1. Once the provisions of Articles 14 and 15 have been made, all unfilled vacancies shall be offered for the purposes of internal promotion among workers of equal or lower professional levels, by means of participation in competition or -opposition.

2. Workers covered by this Convention who wish to rise to levels 1 and 2 must meet the requirements for qualifications required for each category and have completed seniority in the two-year administration for level 2 and three years for level 1, unless the climb is from level 2 to 1 in which case a minimum age of one year shall be required.

3. Workers, in order to gain access to the remaining levels for internal promotion, may participate in competitions or contests-opposition, even if they do not have the required qualifications in this Convention, provided that they are two years old in the Administration of Justice.

In no case can they be promoted for the duration of time, and the tests to be determined in the respective calls must be exceeded. Except where in one category a partial reclassification has been made to a higher level and provided that the conditions that led to the reclassification of that category are met.

4. The destinations awarded to the workers by the internal promotion system will be unrenountable. Where the award of these destinations originates from a regular address, it shall be granted, subject to appropriate notice and justification, by the Territorial Manager or the Secretary-General of Justice or other bodies to whom, where appropriate, the delegation of such destinations shall be responsible. paid leave of 30 calendar days if it is a change of locality and three days if not.

Article 17. Free shift (new income).

Once the transfer contests and the internal promotion shift have been completed, the unfilled vacancies will be offered for coverage by the selective tests to be established and in accordance with what is determined by the offer. (a) public employment.

Article 18. We are on merit for internal promotion and new income.

1. Merit contests for internal promotion and the Justice Administration's new income workforce will be valued according to the following three concepts in the order that is established:

a) Professional merit.

b) Academic merit.

c) Personal circumstances.

2. The application of such concepts shall be carried out according to the following percentages:

60 per 100 to professional merit.

30 per 100 to academic merit.

10 per 100 of the points in terms of personal circumstances.

3. The determination of the scale applicable in the competition phase shall be the subject of agreement of the Joint Committee referred to in Article 8 and shall be reflected in the respective calls.

Article 19. Test period.

1. The admission of staff shall be subject to the provisions laid down in the Staff Regulations and other regulations in force, initially being carried out during the probationary period with the following extension and effects:

a) Level 1: Two months.

b) Levels 2, 3, and 4: One month.

c) Level: Fifteen working days.

The probationary period shall also be exceeded by those reincomes in a professional category in which, under the option provided for in Article 37.2, they are in a situation of excess of incompatibility.

2. Failure to pass the test period by a worker who has accessed an internal promotion slot will mean that the worker recovers his previous job automatically.

3. Where the worker has performed the same duties in the same category and specialty, under any form of recruitment, no probationary period shall be required.

Article 20. Selection of staff.

1. Calls for the provision of vacancies for free shifts and internal promotion shall be public and shall contain the following specifications:

(a) Conditions and requirements to be met by applicants for the position of the relevant category or categories.

(b) selective tests to be carried out and merit which must be taken into account in the selection, with the scale of the selection of such tests.

c) Number of places to be covered by organs, with the expression of their category and job.

d) Composition of the Selection Board or Selection Board.

2. The judgment of the evidence of competence and assessment of the merits shall be the responsibility of the Court appointed for the purpose which shall be chaired by the person appointed by the Secretary-General of Justice and, in addition, by a Registrar and five Vocals, In the case of the Commission, the Commission has proposed that the Commission should be able to take a decision on the basis of Article 3 (2) of the directive.

2.1 The evidence will be completed, the Court will raise to the General Secretariat of Justice the corresponding proposal of recruitment, which will not be able to contain more people than the number of places offered in the call for each category, relating to applicants who have passed the selective process by order of punctuation, with specification of the same.

3. The assignment to a job shall be carried out by the Secretary-General of Justice, the contract being the only valid document for such an assignment.

Article 21. Functional mobility.

1. The General Secretariat of Justice, acting on a proposal from the Territorial Management and when required by the needs of the service, may entrust to the workers the performance of duties corresponding to a higher or higher professional category. (a) a separate specialty for which they are held for a period of not more than six months for one year and eight for two years.

2. With these deadlines being exceeded, the Administration will promote the creation of the job, which must be covered through the procedures for the provision of vacancies established in this Convention.

3. When carrying out work of a higher category entrusted by the General Secretariat of Justice, the worker shall be entitled to the difference in remuneration, between the category for which he was employed and the role he actually performs.

4. If, for the purposes of the activity, the General Secretariat of Justice shall require a worker to carry out tasks corresponding to a category lower than that which he holds, he may do so only for a period of not more than one month. within the same year, keeping the remuneration and other rights of its professional category.

5. The worker proposed to perform work in a category other than his or her must meet the requirements necessary to carry out the work for which he/she is proposed. The charge shall be made in any case by written decision.

6. For any of these cases workers 'representatives will be heard, if the provisions of the Workers' Statute are not violated.

Article 22. Geographical mobility.

1. The change of work centre which may occur as a result of the needs of the service, provided that it does not entail a substantial change in working conditions and/or involves changes of residence shall not be considered as a geographical mobility and shall be carried out without prejudice to the economic and professional rights of workers arising from their professional status.

2. The mobility which may occur by application of the previous subparagraph shall be motivated by exceptional needs and shall in any event be agreed by the Administration, after informing the representatives of the workers and the communication. written to the workers concerned.

3. Workers may not be transferred to a work centre from a different location to that in which they carry out their activities, except where there are technical, organisational or productive reasons to be justified, subject to the Committee's report. of the Company or of the Staff Delegates and the competent authority of the labour authority. In the case of a forced transfer involving a change of residence, the compensation to be paid shall be those laid down for the staff at the service of the Administration.

The addition to a new job will be done within thirty days. Where the worker is married or in a situation of proven coexistence and the spouse or survivor is a worker affected by this Convention, the transfer of the latter shall be agreed if it is possible in place of its own function or category, which shall have the voluntary nature, without the right to additional compensation.

4. The worker who has been forcibly transferred under the circumstances provided for in this Article shall have the preference to fill the first vacancy of his category which occurs in the town of the previous centre of work through a transfer contest. in which the vacancy is called.

Article 23. Permutas.

1. Only those fixed workers may be requested to swap them, within the scope of the Collective Agreement of the Administration of Justice, provided that the following circumstances are met:

(a) That workers who apply for the swap have an age of one year of service at the last destination, except for those who are incourses in transfers to the Autonomous Communities.

b) That the places to be permuted are of the same level, category, and specialty.

c) That workers who perform the swap are missing at least three years for the forced retirement age.

d) That the places to be permuted are of different locality.

2. The permuse, given its nature and the exceptionality of this regime, cannot be requested again if it has not been five years since the last one was granted.

3. Workers interested in mutating to each other shall address a request to the General Secretariat of Justice, stating in the following:

Name, last name, national identity card, category, specialty, destination, location and province.

Take possession date at the last destination.

The name, last name, and destination of the worker with whom you want to change.

The General Secretariat of Justice will ask the Gerencias for a report on the requested swap.

4. The requests shall be informed by the CPVIE and authorized by the General Secretariat of Justice by means of a reasoned decision.

5. The General Secretariat of Justice shall decide within three months of the receipt of both requests, and shall inform the workers concerned, their respective destination bodies and the Management Board.

6. Permutas shall not be entitled to compensation for transfers or expenses of subsistence, displacement or the granting of days for incorporation to the new destination.

The staff who will remain will receive the remuneration corresponding to the job to which they are incorporated, with the exception of the trienes and the seniority supplement.

7. The transfer by swap may not be requested until 30 working days have elapsed since the date of publication in the 'Official Gazette of the State' of the decision of the final award of the final destination of the last contest. transfer, contest or contest-opposition of promotion or contest-opposition of new income.

8. The participation in the transfer contest may not be requested until one year has elapsed since the transfer by permuse.

Article 24. Census, catalogue of jobs and identification.

1. The Administration shall draw up a census by professional categories and levels, which shall include details of all workers in the following detail:

(a) Name, surname and national identity document.

b) Date of birth.

c) Date of entry into the Administration of Justice.

d) Date of appointment or access to the category, with the expression of whether it is fixed or temporary staff for a given or interim period.

e) Date of the next expiration date.

f) Destination and job position.

g) Type and duration of the contract.

2. Within the first quarter of each year, the Administration shall publish the census for the knowledge of all personnel and shall be submitted to the representatives of the workers as well as the successive modifications that are taking place.

3. The Administration shall draw up annually, after negotiation with the representatives of the employees, a catalogue of posts relating to the characteristics of each of them, working time, schedule, remuneration and professional requirements.

4. An organic template shall be drawn up in the first quarter of the year in which the number of staff at each level, broken down by professional and specialised categories, is given, the centre of work in which they are attached and the judicial bodies where provide their services.

5. The Administration shall issue to each worker an identification card, including photograph, surname, name, national identity card and work category.

Article 25. Professional classification.

The staff covered by this Convention shall be classified on the basis of the work for which they have been recruited at the professional levels and categories specified in Annex III to this Convention, where the qualifications required for each of them.

All workers will be individually classified according to the professional category of the job they perform.

If there is a specialty not contemplated in the aforementioned annex, it will be the object of assimilation until they are included by the Administration, with the precept report of the social representation.

TITLE IV

Training and perfecting

Article 26. Permits for training.

To facilitate academic and professional training, workers will be entitled to:

1. For the acquisition of academic or professional qualifications:

(a) The granting of paid leave to attend final examinations and tests of aptitude and assessment for obtaining an academic or professional qualification.

(b) A preference, upon request, to choose work shift within the limits of established time and holiday, provided that the needs relating to the function entrusted are covered.

(c) The granting of unpaid leave of a maximum duration of three months, provided that the management of the service and the organization of the work permits.

In any case, it will be a prerequisite for the worker to properly certify that he/she regularly curs the studies for obtaining the corresponding title.

2. For assistance to retraining and further training courses:

(a) In the case of participation in training activities organised, supported or approved by the Ministry of Justice and Home Affairs, to the granting of paid leave. If these activities are to be carried out in the afternoon, they will be brought down from the flexible working hours, provided that it is justified that these are hours of effective assistance.

(b) In the case of participation in training activities not covered by paragraph (a) above:

The reduction of your working day in a number of hours equal to half of those that you dedicate to the assistance to this course, with deduction of the corresponding part of your remuneration.

The Administration may grant an unpaid permit for the assistance of vocational training courses, for the duration of the training course, where it is appropriate for the course to be carried out on a full course dedication.

The Administration will allow workers to attend seminars, round tables or congresses concerning their specialty or specific work, when the assistance to them can derive benefits for the workers. bodies or departments of the Administration of Justice, by granting paid leave, if the needs of the service permit it.

The worker will be entitled to the grant of forty hours per year, at most, for attendance at courses of

professional improvement, where the content of the procedure is directly related to the job or professional career in the administration, as well as to the unpaid leave referred to in paragraph (c) of the Point 1 of this Article.

3. Personnel who have conducted specific high cost courses on a functional area in charge of the Administration will assume a more temporary commitment to the aforementioned area.

Article 27.

1. Retraining and further training courses.

1.1 The General Secretariat of Justice together with the trade unions are aware of the importance, which for the provision of an efficient public service has the training, the recycling, the improvement and the training of the workforce that integrates the Administration of Justice.

In this regard, the General Secretariat of Justice undertakes to implement a plan for the formation of the employment staff of the Administration of Justice, based on the general principle that training is a basic element and essential for the professional development of workers who are active in the administration of justice.

For the effective and efficient development of such a training plan, effective and active collaboration in the development of representative trade unions in this field is a key part.

For these purposes, they are considered general objectives of this training plan:

a) Orienting towards job training and improving professional capacity.

b) To enable and generate expectations of promotion and professional promotion (understanding it as a fundamental instrument to achieve real motivation and incentives for public employees).

c) Facilitating permanent adaptation to the evolution of the professions and the technical and organizational changes of the Public Administration, seeking to fill gaps in the initial training.

d) To promote a training process adapted to the needs and demands of the entire workforce of the Administration of Justice, developed in a participatory way.

1.2 The training plan will have an annual character, will be drawn up in the last quarter of the previous year and must specify:

(a) Needs of workers both at the level of the promotion and in the area of professional improvement.

b) Objectives and content of actions to be developed.

c) Collectives affected, by categories or professional groups.

d) The execution calendar.

e) Resources for your development.

f) General criteria for information and selection for course attendance.

1.3 The preparation, planning and evaluation of training plans will be carried out by the Commission on the Training of Labour Personnel. This commission shall be constituted within one month of the signing of the Collective Agreement and shall be composed of two representatives of each of the trade unions that have signed the Collective Agreement.

1.4 The training plan for the workforce can be considered:

(a) Courses organized by the General Secretariat of Justice and imparted centrally, which shall be directed to those categories or workers whose number and special characteristics so advise.

b) Courses organized by the General Secretariat of Justice and imparted in a decentralized manner through the Territorial Management of the Ministry of Justice and Interior, in those Autonomous Communities where there is no transferred this staff.

Within the continuous training plan for public employees at the service of the Administration of Justice and in those courses whose subject matter is interdisciplinary, which affects various groups, a certain number will be reserved. of places for the categories corresponding to work staff.

(c) Courses, congresses, round tables organised by other public or private bodies: The Labour Staff Training Commission may propose those it considers most appropriate in order to ensure a better participation (a) vocational training for the adaptation of workers to new systems of work, as well as for the learning of new technologies to be applied in the exercise of their functions.

In this case, the registration fees for the courses would be paid from the training funds or credits.

In the event that the courses are not held in the town of your workplace, the workers who perform the course will receive the allowances, allowances and travel expenses to which the current regulations will take place.

d) Impartition of training by trade unions. In order to ensure that training is actively involved, the signatory trade unions will be able to undertake training activities. To this end, they will make proposals for those activities that they wish to undertake, in accordance with the training plan.

2. Selection criteria. -For the courses approved in the training plan the order of preference in the selection criteria, according to the category or categories and/or specialty to which the course is addressed will be as follows:

1. No fixed employment staff with respect to any contract staff.

2. No. Staff who have not held courses in recent years, organized or funded by the Ministry of Justice and Interior.

If there were not enough applications, they would be awarded to the applicants who had fewer courses.

3. º Antiquity in the category and/or specialty to which the course is directed.

4. Antiquities as a fixed labor worker in the Collective Agreement of the Administration of Justice.

5. No more than two courses may be carried out during each annual training plan unless there are insufficient applicants.

If, after the application of the above criteria, unfilled places are left, they will be offered to those workers who are in possession of the degree of self-certification of the professional collective to which the course is directed, (a) for the selection of the criteria to be applied to them.

These criteria will not govern the course of courses organized by the General Secretariat of Justice whose assistance is mandatory for the workers to be addressed, either as a result of changes of category or (a) to ensure the stability of the worker in his employment in cases of transformation or functional modification of the organs or services of the Administration of Justice, and the timetable of which would be understood within the working hours.

TITLE V

Day, work schedule, vacation, licenses, and permissions

Article 28. Day.

1. The ordinary day will be thirty-seven thirty hours a week in monthly computation. If the day set for the Civil Administration of the State or for the Administration of Justice is reduced, it shall be adapted to it as provided for in this Convention, provided that the budgetary availabilities permit it.

2. Overtime shall not be considered as overtime which does not exceed one thousand seven hundred and eleven hours in annual accounts. For the calculation of the thousand seven hundred and eleven hours of annual computation, two weeks of the year are neglected for two weeks corresponding to state, regional and local festivities, and four weeks and two days corresponding to the Holiday, result forty-six weeks minus two days, that thirty-seven thirty hours a week results in the thousand seven hundred and eleven hours of maximum annual working day.

3. A working day of more than thirty-seven thirty hours on a weekly basis shall require the worker's conformity and shall be compensated in respect of the terms to be laid down within the maximum period of three months.

4. Paid leave and licences shall be counted as working days for the purposes of the calculation set out in this Article.

Article 29. Schedule.

1. The working hours shall be, except as provided for in point 4 of this Article, from Monday to Friday, on a continuous day basis, to be developed by means of a system comprising a fixed part and a flexible part.

The fixed part will be five hours thirty minutes of mandatory compliance between 8.30 and 14.30 hours.

The flexible part, until the end of the day of thirty-seven thirty hours a week, will be fulfilled at the will of the worker between 7.30 and 9.00 and between 2 and 4 hours.

2. The working hours must be adapted to the needs of the public service provided by the Administration of Justice. Where this implies an amendment to the general timetable agreed in this Convention, it shall be agreed as a special timetable after negotiation within the CPVIE.

3. Within the working day, the worker shall be entitled to a rest equal to the one recognized to the officials, which shall be counted as effective work. In the case of part-time days workers shall be entitled to a rest proportional to their working time.

4. The General Secretariat of Justice, after negotiation with the trade unions at the CPVIE, will approve the special schedules and working shifts that must be met different from the one set out in the previous No. 1. These schedules and special shifts will be included in the employment relationship. Any modification of the substantial working conditions which, in respect of the timetable, results in any change in the working relationship, shall require the worker's conformity in accordance with the terms laid down in the Staff Regulations. Workers.

The entry into force of this Convention and as long as the special times indicated above will be published will remain in force.

Workers who take special shifts or schedules during any day of the weekends or holidays will also be entitled to the rest of two weekly days in a row.

5. Compliance with the timetable laid down shall not justify the suspension or interruption of the activities which are necessary for the normal conduct of judicial proceedings which are of an urgent and non-deferred nature.

In such cases, the extension of the day beyond the time limit set in the number 1 of this article, with the exception of the approved special schedules or shifts, will mean the normal calculation of the hours worked up to 6 p.m. Between 6 p.m. and 2 p.m., each hour worked shall be counted as one hour and three quarters and from 22.00; it shall be counted as two and a half hours. All these hours shall be borne by the part of the flexible timetable to be fulfilled within the month in which they have been carried out or, where appropriate, in the following and in no case may more than forty hours of working time, in computation biannual.

6. For the purpose of fulfilling the working day, the days not worked by sickness or paid leave shall be counted as seven thirty hours, or whichever is the case if the day is partial.

7. Workers who are part-time workers to whom the timetable laid down in paragraph 1 of this Article applies, must comply with the timetable if their working time is equal to or less than twenty-seven thirty hours a week. Otherwise, the flexibility scheme set out in that point shall apply, in so far as it exceeds.

8. During the period from 1 July to 31 August, the General Secretariat of Justice shall establish an intensive working day which may be thirty-five hours per week at the latest in monthly calculations. The working day can be held between 7.30 and 16.00 hours, respecting the compliance of the fixed part of the schedule.

Article 30. Part-time work.

In the case of part-time work, all remuneration shall be fixed in proportion to the number of hours it comprises; they shall be made effective per day worked and shall include the part corresponding to Saturdays, Sundays and public holidays.

Article 31. Work schedule.

The work schedules of each unit or body shall be drawn up in accordance with the provisions of the legislation in force in this field, as well as the instructions that complement it, exposing itself in a visible place in all the job centres.

Article 32. Annual leave.

1. All workers affected by this Convention shall be entitled to enjoy, for each full year of service, a paid vacation of one month, or of the days which, in proportion, correspond to him if the time of service is lower.

2. The holidays shall be enjoyed during any month of the year, the shift being determined by agreement to which the workers may arrive at each working centre, which shall be determined before the 15th day of May of each year, in any case, to the needs of the service justified and according to the planning carried out by the territorial managers of Justice. In the event of disagreement, the representatives of the employees shall be notified to obtain an agreement negotiated with them.

2.1 The holidays may be enjoyed, at the request of the worker, throughout the whole year in minimum periods of seven consecutive days, provided that it is compatible with the needs of the service.

2.2 The beginning and termination of the holiday shall be within the calendar year to which it corresponds. In case you do not enjoy the holidays in the months from January to November, it will be considered automatically granted in December.

3. Holidays, except in the case of a cessation, may not be replaced by economic compensation.

4. The staff who cease during the year, without having enjoyed the holidays, will be entitled to the payment of the part corresponding to the work period carried out, calculating the fixed and non-fixed salary concepts according to the previous quarter.

Article 33. Paid leave.

The worker, after warning and appropriate justification, shall be granted by the Territorial Manager or the Secretary-General of Justice or organs in which he delegates, where appropriate, paid leave, for the reasons and during the periods following:

a) In case of marriage, fifteen calendar days.

(b) Two days in the case of the birth of a child, and in those of death or serious illness of a family member up to the second degree of consanguinity or affinity. Where such cases occur in a locality other than that of the worker's domicile, the period of leave shall be four days.

The kinship of consanguinity to the second degree comprises children, grandchildren, parents, grandparents and brothers.

The kinship of affinity up to the second degree comprises the spouse or couple of fact, the spouses or couples in fact of the children and grandchildren, and the parents of those, grandparents and political brothers.

c) One day per regular home transfer within the same location.

d) For the time indispensable for the fulfilment of an inexcusable duty of a public or personal nature, the requirement of which must be documented.

e) For the time necessary to exercise the right to vote in elections and referendums in those calls to be established by the Government or the various Public Administrations and according to the rules that establish them.

f) Workers, who are breastfeeding for a child under nine months of age, will be entitled to a daily time of absence or reduction of the working day. This permit may also be enjoyed by the father, if he is a worker, provided that it is not used simultaneously by the mother. From this permit, the workers will also be able to enjoy the adoption proposal, by the corresponding public entity, of a child of less than nine months living with the family.

Pregnant workers to undergo prenatal tests and birth preparation techniques, prior notice and through medical justification of the need for their realization and to be carried out within the day of work, for the necessary time.

g) For particular matters not included in the preceding paragraphs, up to six days for a given calendar year. Such days may not in any case be cumulated with paid annual leave. The worker may distribute these days at his convenience and for his concession account shall be taken of the needs of the service. If for this reason they could not have been enjoyed these days within the calendar year it will be possible to make use of them during the month of January of the following year.

In case the 24 and 31 of December coincide with Saturdays or Sundays, the permits for this concept will be increased by two days.

h) On 24 and 31 December. In the workplace where the needs of the service prevent the workers from enjoying this permit, the compensation of the workers shall be negotiated for two consecutive days for each of those during the rest of the year or during the month of January of the following year.

i) For the performance of trade union, trade union and representation functions, in terms of performance of such functions.

Article 34. Unpaid leave.

Fixed staff who have completed at least one year of effective service may apply for unpaid leave for a period not exceeding three months. Such licences shall be granted within 15 days of the date of entry of the application and provided that the needs of the service permit. The cumulative duration of such licences may not exceed three months every two years. The grant of this licence shall be made by the Territorial Manager or the Secretary-General of Justice or the body in which he delegates, where appropriate. The refusal by the Administration of the application for this licence shall be reasoned.

Article 35. Absence due to illness, temporary incapacity and maternity situation.

1. The total or partial absences to the working day which are alleged by the worker for causes of illness or accident shall be duly notified to the Territorial Manager and the Heads of Personnel of their work centre, and from the fourth day justified with the corresponding medical discharge. The presentation of the parts of the discharge and confirmation thereof, as well as the discharge, shall be the responsibility of the worker and shall be produced without delay in time, unless it is subsequently justified.

1.1 For pregnancy and maternity assumptions the submission of the lower confirmation parts will not be required.

2. In the case of incapacity for work, the Ministry of Justice and Home Affairs, during the period of incapacity, shall pay the difference between the amount received for such contingency and the actual salary to be paid to the worker. in the situation of employment.

TITLE VI

Suspension of the work contract

Article 36. Suspension with reservation of the job.

1. Without prejudice to Articles 45 and 48 of the Staff Regulations, staff who are entitled to this Convention shall be entitled to the suspension of their contract subject to their employment in the following cases:

(a) For the biological maternity of the working woman, the suspension shall be for a maximum of sixteen weeks uninterrupted, extended by multiple births to eighteen weeks, distributed at the option of the person concerned, provided that Six weeks are immediately after the birth, and may make use of the father for the care of the son or daughter in case of death of the mother.

However, in the event that the mother and father work, that, at the beginning of the period of maternity leave, may opt for the father to enjoy up to four of the last weeks of suspension, always that they are uninterrupted and at the end of the said period, except that at the time of their effectiveness the incorporation into the work of the mother poses a risk to the health.

The period of suspension shall be computed for the purposes of seniority and the worker or the worker shall be incorporated into his/her post completed the periods indicated.

(b) In the case of adoption, the suspension shall have a maximum duration of eight weeks if the adopted child is less than nine months, and six weeks if his age is greater than nine months and less than five years. The suspension shall be counted, at the choice of the worker, either on the basis of the administrative or judicial decision of the host country or on the basis of the judicial decision establishing the adoption. When the father and the mother work only one can exercise this right.

The period of suspension shall be computed for the purposes of seniority and the worker or the worker shall be incorporated into his/her post completed the periods indicated.

c) Compliance with military service or replacement social provision. The fixed staff of staff who are in this situation in accordance with Article 125.2 of the recast text of the General Law of Social Security, Royal Legislative Decree 1/1994, of 20 June, are in a situation assimilated to the high.

The fixed staff member in this situation will be entitled to 100 per 100 of the extraordinary pay, and when he has children or first-degree relatives who are not financially dependent on him and are credited with failing to count with other economic means, it will be perceived as a measure of social action, provided that the budgetary appropriations so permit and so agreed by the respective commission, 50 per 100 of the corresponding salary.

Where, in the place where the destination is situated, there is a working place for its category and its duties are compatible as a worker and a soldier or a provider of the replacement social service, it may be a worker for the administration. The Court of Justice has held a preliminary ruling on the matter.

The period of suspension shall be computed for the purposes of seniority and the worker must be incorporated within the maximum period of two months from the end of the military service or replacement social benefit. Such reinstatement shall take place in the same centre, shift and category as the worker prior to the start of this situation.

(d) For the exercise of public office, representative or elective union functions, in accordance with the statutes of the union, of a provincial or higher level, provided that such exercise makes it impossible to attend the work. The time spent in this situation shall be computed for the purposes of seniority and the worker shall be rejoined to his post, in the same centre, shift and category, within the month following the date of termination of the public office or function. union.

e) Privation of the worker's freedom, as long as there is no firm conviction, including both preventive detention and provisional imprisonment. The incorporation to the job will be automatically, ceased those situations.

(f) When workers are authorised to carry out a mission in international bodies, governments or foreign public entities or in international cooperation programmes, provided they have a year of seniority in the collective. The worker shall be returned to his/her job in the same centre, shift and category, within the month following the date of termination of the mission or programme.

2. If the worker, who has completed the situations referred to in the preceding paragraphs, other than that of paragraph e), shall not be rejoined to his place of employment within the time limits laid down, he shall be deemed to be on a voluntary leave of interest.

Article 37. Voluntary leave.

1. Voluntary leave of absence in the interest of workers. -It may be requested by workers with at least one year's seniority as permanent staff. The duration of this situation may not be less than one year and not more than 10 years, and may be exercised only by the same worker if at least three years have elapsed since the end of the previous voluntary leave.

2. Voluntary leave for incompatibility. -As a result of the existing rules on incompatibilities, the worker who opted for a job in the Public Administration, including the Administration of Justice, will be in a position of voluntary leave and may remain in this situation as long as the causes of incompatibility persist.

By virtue of the provisions of Article 10 of Law 53/1984 of 10 December 1984, workers who, by internal promotion, have accessed or access another professional category, must, at the time of incorporation into the new place, for some of them, and if not to do so is understood to have opted for the new category and will be in a situation of voluntary leave for incompatibility in the one in which it will cease.

3. Voluntary leave by family group.-Voluntary leave to be granted by family group, with a minimum duration of two years and a maximum of 15 years, for workers whose spouse resides in another municipality for having obtained and being (a) to carry out a permanent job as a career or employment officer in any public administration, a self-governing body, a social security management entity, as well as in constitutional or judicial bodies.

4. Workers on a voluntary basis shall not be entitled to economic rights and shall not be taken into account for the purposes of seniority.

5. The situation of voluntary leave may not be granted to the worker subject to disciplinary proceedings or if he has not complied with the penalty imposed.

6. The return to the active service of any of the situations of surplus referred to in this Article shall be governed by the provisions of Article 14 on the re-entry of surpluses, the authorization being given within the month following the date of your request.

Article 38. Leave of absence for child care.

Workers shall be entitled to a period of leave of no more than three years to care for the care of each child, whether by nature or by adoption, from the date of birth of the child or of the child. administrative or judicial decision of a host or of the judicial decision making the adoption. Successive children shall be entitled to a new period of leave of absence, which shall, where appropriate, end the period for which they are enjoying themselves. When the father and the mother work only one of them may exercise this right. If the child is physically or mentally diminished, and provided that he is duly accredited, the duration of the leave may be up to five years.

The period in which the worker remains in a situation of leave in accordance with the provisions of this Article shall be computable for the purposes of seniority and the worker shall be entitled to attend vocational training courses, whose participation shall be convened. During the first year, from its concession, you will be entitled to the reservation of your job. After that period the reserve shall be referred to a place of employment of its category in the same locality.

The granting of the excess will be conditional upon the prior declaration of no other activity that prevents or undermines the care of the child.

Article 39. Forced leave.

The situation of forced excess will apply to the worker who exercised public office, representative or elective union functions in accordance with the statutes of the union, at provincial or higher level. This situation will entitle you to the retention of the job and the time of your license, provided that the exercise of that position makes it impossible for you to attend the job.

There will also be forced leave when there is a lack of freedom by a firm conviction, without prejudice to the adoption of the appropriate measures by disciplinary action or the conviction of the penalty of disablement.

In the event that, under the relevant legislation, the private freedom worker would be able to access the third degree of penitentiary, at the request of the same person, he or she will be reentered in accordance with the provisions of the voluntary leave in order to facilitate access to such a prison situation. If, within six months of the grant of re-entry, the transition to the third degree of penitentiary is not made effective, it will automatically return to the situation of forced leave.

Article 40. Termination of the contract of employment.

The employment contract will be extinguished in the cases set out in Article 49 of the Workers ' Statute.

TITLE VII

Disciplinary regime

Article 41. Disciplinary regime. General principles.

Workers may be punished by resolution of the Secretary-General of Justice, dealing with serious and very serious misconduct, and by resolution of the Deputy Director-General for Human Resources Planning and Management. of the General Secretariat of Justice, in the case of minor faults, in accordance with the applicable procedure and in accordance with the classification laid down in the following Article.

Article 42. Graduation from the fouls.

1. The disciplinary offences of workers, committed on occasion or as a result of their work, may be minor, serious or very serious.

2. The following are minor faults:

a) Incorrectness with the public and with colleagues and/or subordinates.

b) The unjustified delay, negligence or neglect in the performance of your work.

(c) Failure to communicate in advance of the lack of assistance to work with justified cause, unless it is proved impossible to do so.

d) The lack of assistance to the job, without a sufficient cause, notified to the Chief of Staff of its work center, one to three days in one month.

e) The repeated faults of punctuality, without justified cause, of five days in a month.

f) The neglect of the conservation of the premises, material and documents of the services.

g) In general, dereliction of duty due to negligence or inexcusable carelessness.

3. The following are serious faults:

a) The lack of discipline in the work or respect due to the superiors, companions and/or subordinates.

(b) Failure to comply with orders or instructions from superiors and the specific obligations of the job or the negligence on which serious harm is derived or liable to be incurred for the service.

c) Disconsideration with the public in the exercise of their duties.

d) Failure to comply with the rules or to abandon measures taken in the field of occupational health, where the health risks and the physical and mental integrity of the worker may be derived therefrom.

e) The lack of assistance to the work, without a sufficient cause, notified to the Chief of Staff of the work centre for four days in one month, without prejudice to the provisions of Article 35.

(f) Repeated Punctuality faults, without justified cause, for more than five days and less than ten in one month.

g) Abandonment of work without justified cause.

h) The simulation of illness or accident, work or not.

i) The simulation of the faults of others or the cover-up of other workers, in relation to their duties of punctuality, attendance and permanence in the work.

j) Continuous and voluntary decline in normal or agreed performance.

k) The negligence that may cause serious damage to the preservation of the premises, material or documents of the services.

(l) The exercise of professional, public or private activities, without having applied for incompatibility.

m) The improper use or dissemination of data or matters of which knowledge is known by reason of its work in the Administration.

n) The recidivism in the commission of minor faults, even if they are of different nature, within the same trimester, when they have mediated sanctions for them.

n) failure to comply with time limits or any other provision of procedure for incompatibilities, where they do not involve the maintenance of an incompatibility situation.

or) The lack of respect for the intimacy of coworkers, including protection against verbal, physical, mental or sexual offenses.

p) The abuse of authority by the superiors in the performance of their duties.

q) Sexual harassment at work.

4. The following will be very serious:

(a) Fraud, disloyalty, and breach of trust in the efforts entrusted to it, as well as any conduct of criminal offence.

b) Manifest individual or collective insubordination.

c) The voluntary distortion of data and information of the service.

d) failure to comply with the rules or to abandon measures taken in the field of occupational health, where risks to the health and physical or mental integrity of another worker or third parties may be derived therefrom; or (a) a repeat of the non-compliance provided for in point (3) (d) above;

e) The lack of assistance to the work, without a sufficient cause, notified to the Chief of Staff of its work centre of more than four days in one month, without prejudice to the provisions of Article 35.

(f) Repeated non-justified punctuality during ten or more days in one month or more than 20 days in a quarter.

g) Failure to comply with the rules on incompatibilities when they give rise to incompatibility situations.

(h) Reoffending in serious misconduct, even if they are of a different nature, within a period of six months, when they have mediated penalties for them.

i) The breaking of professional secrecy; the manipulation of data and programs with the encouragement of falsification; the use, for profit, of computer concepts and intellectual property programs of the Administration of Justice, and the use of the technical means of the Administration for particular economic interests.

j) Sexual harassment at work when accompanied by abuse of authority, for being carried out by a superior to a subordinate person.

(k) The simulation of sickness or accident involving incapacity for work, for a period of more than three days, when the worker in that situation carries out self-employment or other work. Any action and omission by the worker to prolong the disease or accident will also be considered to be very serious.

Article 43. Sanctions.

The penalties that may be imposed according to the rating of the faults shall be as follows:

a) For minor faults:

Admonition in writing.

Suspension of employment and salary up to two days.

Proportional discount of remuneration for the actual time left to work due to lack of assistance or non-justified punctuality.

b) For severe faults:

Suspension of employment and salary of three to 15 days.

Suspension of the right to participate in the first call for access to work categories by the internal promotion system that is called after the establishment of the sanction and within two years next.

c) For very serious faults:

Suspension of employment and salary from sixteen days to three months.

Suspension of the right to participate in the first two calls for access to work categories by the internal promotion system that are called after the establishment of the sanction and within three years next.

Forced transfer without compensation.

Dismissal.

In the event that the worker is punished with dismissal for the reasons referred to in this previous article and there is a sentence declaring the invalidity or the absence of the worker, the worker may opt for the readmission. or for the compensation to be paid by that judgment.

Article 44. Responsibility of the superiors.

The superiors who tolerate, cover up or promote the faults of their subordinates incur liability and will suffer the correction or punishment that is appropriate, taking into account the one that is imposed on the author and the intentionality, disturbance of the service, attack on the dignity of the Administration and reiteration or recidivism of such tolerance or cover-up.

Article 45. Protection of privacy and dignity.

1. Any worker may, in writing, by himself or through his representatives, give an account of the acts of which he or she is lacking respect for his or her privacy or for consideration due to his or her human or labour dignity, or to other persons known to affect the collective of workers.

2. The Administration, through the appropriate territorial manager, or failing the General Secretariat of Justice, shall open the appropriate information and instruct, where appropriate, the disciplinary procedure to be followed.

Article 46. Prosecution and sanctioning procedure.

1. During the processing of any disciplinary case, the principle of hearing must be retained. Failure to comply with this principle will result in the annulment of the action, and the processing of the proceedings must be brought back to the time when the failure to comply with that principle occurred. The person concerned shall be notified in writing of the activities to be carried out.

2. Penalties for minor offences shall be imposed after hearing the alleged infringer by the authorities determined by Article 41, the representatives of the employees.

3. Penalties for serious and very serious misconduct will require the prior processing of disciplinary proceedings. The opening may be either ex officio or by complaint, the instructor being appointed, and shall be communicated to the person concerned and to the representatives of the employees. In the event of the initiation of the complaint file, the opening agreement shall be communicated to the signatory thereof.

4. The opening of a disciplinary file shall be the responsibility of the relevant territorial manager or, failing that, the Secretary-General of Justice and shall be taken into account in the proceedings referred to in the following paragraphs.

5. Once the opening of the sanctioning file has been notified, the worker may request the instruction of the instructor. The instructor may also raise his/her abstention in case of legal reasons. The authority which agreed to the opening must resolve the abstention and recusal within ten working days, and if any of the two are admitted, the person concerned must be appointed in writing.

6. Statement of objections. -Within two months of the opening of the file, which may be extended to another, the statement of objections to be included must be notified: Facts to be attributed to the worker, the alleged failure to commit the file and the possible sanction to be imposed. The statement of objections must be drawn up in a clear and precise manner by means of separate and numbered paragraphs.

The worker may, within 10 working days, from the notification of the statement of objections, propose the means of defence to him and carry out any allegations he considers to have been made.

7. Test practice. The instructor may agree on the practice of the tests that he considers as well as the practice or refusal of the proposals. The instructor shall communicate in writing to the person concerned the evidence to be carried out, as well as those which are refused. If the test is refused, it shall be duly substantiated and may be agreed only if the questions to prove are unnecessary for the procedure.

8. Proposal for a resolution.-It must include the proven facts which have been attributed to the worker, the legal assessment of the worker and, where appropriate, the proposed sanction. The complete file with the motion for a resolution shall be transferred to the worker so that they can make the relevant claims within ten working days, and shall also be transferred to the Business Committee or Staff Delegates so that in the same period they can be heard.

9. Resolution.-The file shall be transferred to the competent authority which shall take the decision to sanction, not to sanction or to order further steps to clarify confusing points in the file. In the latter case, the same shall be transferred to the worker within 10 working days in order to carry out claims on the latter proceedings.

The resolution shall contain the following elements: proven facts, misconduct, precepts in which it appears, responsible worker, imposed penalty and date of effect. Where the sanction consists of the suspension of employment and salary, it shall be ensured that the suspension is met in a balanced manner in successive months, with a maximum limit of six months.

The resolution shall be notified to the person concerned with the expression of the resources, the body to which they must be brought and the time limit for this.

The final resolution will be communicated to the Business Committee or Staff Delegates.

10. The sanctioning procedure will be interrupted when there is a criminal procedure for the same facts up to the final judgment, and the disciplinary record can be resumed at that time.

11. The temporary suspension of employment may be decreed by the General Secretariat of Justice, only where the presence of the worker in the workplace is deemed to be liable to prejudice the service, and only in the case of Assumptions:

(a) When disciplinary action had been initiated and in the same case, rational evidence of the commission of a very serious misconduct appeared. The provisional suspension of employment may not exceed six months.

b) For the opening of criminal proceedings. The provisional suspension may not exceed the duration of the criminal procedure.

The provisional suspension referred to in this paragraph will not apply to actions arising from the trade union activity.

Article 47. Prescription of fouls.

Minor faults will be prescribed at ten days; the serious ones, at twenty days, and the very serious ones, at sixty days, all counted from the date on which the Administration became aware of its commission and, in any case, the six months of the mission. Such time limits shall be interrupted by any act of the relevant file or preliminary information which may be instructed.

In any event, from the beginning of the file, including preliminary information, until the resolution of the file, no more than six months may elapse, unless the delay is attributable to the issued worker.

Article 48. Legal assistance.

When, by reason of strict compliance with the functions proper to their job and category, third parties will initiate any judicial process against the worker, the Ministry of Justice and Interior will provide the (a) of the same legal assistance for their defence, and shall bear the costs of compensation and other expenses relating to the necessary displacements of the worker for that reason.

TITLE VIII

Job Health

Article 49. Occupational health.

1. The worker has the right to an effective protection of his physical and mental integrity and an adequate policy on occupational safety and health, as well as the correlative duty to preserve and implement the risk prevention measures which are take legal and regulatory action. It also has the right to participate in the formulation of the prevention policy at its workplace and in the control of the measures adopted in its development, through its legal representatives and the internal organs and specific participation in this field.

2. The organisation of work shall be done in accordance with the rules of preventive management, in such a way as to avoid the risks to the health and integrity of public employees, professionals and users of justice.

The preventive action will be constituted by the coordinated set of activities and preventive measures: to avoid the risks; to assess the risks that cannot be avoided; to combat the risks in its origin; to adapt, in the the extent possible, the work of the person, as well as the choice of work equipment and methods to avoid monotony and repetitive work, to reduce the effects of the same on health; to take into account the evolution of the technique; replace the dangerous with little or no danger; plan prevention by integrating the The Commission has also been able to make the most of its work in the field of environmental protection.

3. The Administration is obliged to promote, formulate and implement an adequate policy of occupational safety and health in its agencies and work centers, as well as to facilitate the participation of workers in it, and to guarantee practical and appropriate training in these areas of workers when they are hired, when they change jobs or when they have to apply new techniques, equipment or materials that may cause risks. The worker is obliged to follow such training and to carry out the practices which are established, which shall be carried out within his working time, which shall be considered as effective work, without prejudice to his remuneration.

4. The prevention and reduction of occupational hazards, accidents at work and occupational diseases shall be regarded as one of the priority objectives of this Convention, in order to ensure that the Ministry of Justice, through its Territorial Management, will proceed to:

To implement in their centers the relevant policy of safety and hygiene in the work that is established by the laws or by this Convention.

Facilitate practical and appropriate training in this field to work staff at their service.

Enable workers to participate in it through the competent representation bodies.

Set up business medical services.

5. Preventive policy shall be based on the statistical and causal analysis of accidents at work and occupational diseases in each workplace, the identification of risks and agents that may cause them. This security and occupational health policy will be planned annually for each working centre by the respective Territorial Managers. In any case, it must understand the studies and projects necessary to define the most significant risks due to their severity or their frequency and to put in place preventive and control systems or measures, as well as the staff training plans which are necessary.

6. For the purposes of drawing up plans and programmes for occupational safety and health, as well as for their implementation and implementation, the various centres of work will be equipped with specialised technical equipment and equipment where appropriate. the size and intensity of their occupational health problems. In the absence of such means, it shall request the cooperation of the National Institute of Safety and Health at Work, in particular with regard to clarification, studies and preventive projects, and security and safety systems. protection, training of workers and technicians, specialised documentation and the necessary technical measures.

Article 50. Prevention delegates.

1. Prevention Delegates are the representatives of workers with specific functions in the field of risk prevention at work.

2. The prevention delegates shall be appointed by and among the representatives of the staff in the field of the representation bodies provided for in Law 9/1987 of 12 June, in accordance with the joint scale provided for in Article 35.2 of the Law 31/1995 of 8 November.

3. They are the competencies of the Prevention Delegates:

a) Collaborate with the management of the company in the improvement of the preventive action.

b) Promote and promote the cooperation of workers in the implementation of the regulations on the prevention of occupational risks.

c) To be consulted by the Administration, prior to its execution, on the decisions referred to in Article 33 of Law 31/1995.

d) Exercise surveillance and control work on compliance with the regulations on the prevention of occupational risks.

4. In the exercise of the powers conferred on the prevention delegates, they shall be empowered to:

(a) To accompany the technicians in the assessment of the preventive nature of the working environment, as well as, in the terms provided for in Article 40 of Law 31/1995, to the Inspectors of Labour and Social Security in the visits and verifications carried out in the workplace to check compliance with the regulations on the prevention of occupational risks, and may make to them the observations they deem appropriate.

(b) Having access, subject to the limitations provided for in Article 22 (4) of Law 31/1995, to the information and documentation relating to the working conditions which are necessary for the performance of their duties; and The Court of Justice of the European Court of Justice has held a Where the information is subject to the limitations outlined, it may only be provided in such a way as to ensure that confidentiality is respected.

c) To be informed by the Administration of the damages produced in the health of the workers once they have had knowledge of them, being able to present themselves, even outside their working day, in the place of the facts to know the circumstances of the same.

d) Receive from the Administration the information

obtained from the persons or bodies responsible for the activities of protection and prevention of the undertaking, as well as the bodies responsible for the safety and health of workers, without prejudice to the provisions of Article 40 of the Law 31/1995 on cooperation with the Labour and Social Security Inspectorate.

e) To carry out visits to the places of work in order to carry out a task of monitoring and controlling the condition of the working conditions, which may, for this purpose, access any area of the same and communicate during the day with the workers, so that the normal development of the production process is not altered.

(f) To obtain from the Administration the adoption of measures of a preventive nature and for the improvement of the levels of protection of the safety and health of the workers, being able to make proposals to the Administration, thus as to the Committee on Safety and Health for discussion in the Committee.

(g) Propose to the agency of representation of the workers the adoption of the agreement for the cessation of activities referred to in Article 21 (3) of Law 31/1995.

5. The Administration shall provide the prevention delegates with the means and training in preventive matters which are necessary for the exercise of their duties.

Training should be facilitated by the Administration by its own means or through concert with bodies or entities specialized in the field and should be adapted to the evolution of risks and the emergence of other new, repeated periodically if necessary.

The time spent on training will be considered as working time for all purposes, and its cost will not be borne by any of the prevention delegates.

Article 51. Health and Safety Committees.

1. The Committee on Safety and Health is the joint and joint body for participation in the regular and regular consultation of the company's activities in the field of risk prevention. A single Committee on Safety and Health will be set up in the field of representation bodies provided for in Law 9/1987 of 12 June, with the composition and functions set out in the current legislation. However, safety and health committees may be set up in other areas where the reasons for the activity and the type and frequency of the risks so advise.

2. The Safety and Health Committee shall adopt its own rules of operation.

3. You will have the following skills:

a) Participate in the elaboration, implementation, and evaluation of the plans and programs of risk prevention in the company. To this end, they will be discussed before their implementation and as regards their impact on the prevention of risks, the projects in the field of planning, the organization of work and the introduction of new technologies, organization and development of the activities of protection, prevention, design and organisation of preventive training.

b) Promote initiatives on methods and procedures for the effective prevention of risks, proposing to the company the correction of existing deficiencies.

4. In the exercise of its powers, it shall be empowered to:

(a) To know directly the situation regarding the prevention of risks in the workplace, making to this effect the visits that it deems appropriate.

b) Knowing how many documents and reports relating to working conditions are necessary for the performance of their duties.

c) To know and analyze the damages produced in the health or the physical or mental integrity of the workers, in order to assess their causes and propose the appropriate preventive measures.

5. The coordination, at national level, of how many matters correspond to the exercise of the competences of the Committees of Safety and Health will be carried out through the Table of Social Action and Health.

Article 52. Medical business services and medical examinations.

1. The administration will make available to workers, medical services of enterprise with location and in sufficient quantity to meet the health needs of the workers, and, at least, in those job centers that have more than one hundred workers, who will attend to both the preventive and health care aspects in relation to occupational accidents and diseases, and will include a gynecological and mammographic review of the working woman. In any case where the fifty workers are in a working centre, the installation of a first aid kit shall be carried out.

The Safety and Health Committee shall plan for the implementation of these services and determine the dates on which the overall medical examination to be carried out at an annual frequency is to be carried out. This medical examination shall be carried out with the Social Security or the National Institute of Safety and Hygiene at Work and shall be carried out, wherever possible, in the premises of the work centre.

2. The worker shall have the right to have a medical recono-foundation which shall have an annual frequency. In the event that the worker has joined a job of this Collective Agreement, when the recognition, according to the planned planning, has already been carried out, he will have the right to be practiced within three months. from its effective incorporation. The result of this shall be communicated to each worker and to the Committee on Occupational Safety and Health, with the exception, in the latter case, of personal data or other information which may permit identification of such data, by virtue of its nature. confidential. The Administration may take measures of a working nature to be determined in the report as a result of the medical examination. The Committee on Safety and Health at Work will propose, where appropriate, measures aimed at solving the causes of diseases of employment which may be detected in workers through medical examinations.

3. Workers who, in the normal course of their duties, come into contact with materials, viscera, dead bodies, whole or parts thereof, capable of transmitting infectious diseases or AIDS, shall have the right to be given a A six-monthly medco recognition which specifically includes evidence for the detection of such diseases.

Article 53. Temporary location of workers.

1. Workers who, by accident, illness or pregnancy, have altered their capacity for the performance of their job, may be assigned to another person more appropriate to their skills in the light of their situation, in the first vacancy in their place of work. destination and category, until the end of the circumstances which caused such a change, without prejudice to their original remuneration.

2. Women who are pregnant or who are breast-feeding have an activity which may have a negative impact on their health, on that of the foetus or on the child, because they are exposed to agents such as anaesthetics, carbon monoxide, drugs, disinfectants, laboratory chemicals, photographic chemical compounds, solvents, special cleaners, sterilants, adhesives, bleach, insecticides, photocopying or printer toner, polishing, radiations, ionising or not, radioactive substances, noise, postural staticism, lifting of Weights or exposure and contact with infectious diseases may, upon application by the person concerned, and whenever possible, carry out other work in their category, and if there is no lower level in their category remuneration, where it will not be exposed, in the same working centre, to the cessation of the circumstances which caused such a change.

Article 54. Wardrobe and work tools.

It will be easy to make appropriate costumes for those jobs that are required by their characteristics in accordance with the provisions of the safety and hygiene ordinance at work.

1. Workers who perform their functions in the vicinity of radiation or X-ray radiation sources shall be provided with specific protection elements and a system for measuring the radiation received.

2. In those cases where the General Secretariat of Justice determines the obligation of its use to the subaltera, celadors, serenes, vigilantes, doormen, tachilleros, ascaltorists and apartors, they will be provided as first endowment two. Full uniforms, one winter and one summer, composed of the first blue suit, black shoes, two white shirts and a black tie, socks or stockings; the second of gray suit, black shoes, two shirts and black tie, socks or stockings. Every year, on an alternative basis, the winter or summer suit will be renewed and each year the shoes, shirts, tie and socks or socks, both summer and winter. Watchmen, latchers, serenes and dressers will be able to replace the jacket with a fighter. In summer season the use of the jacket will be optional.

3. The cleaning staff will be provided with a dressing gown, a monkey or a backdoor and pants, and slippers or clogs twice a year and rubber gloves, twelve times, in the same period of time, and the tools and tools necessary for your work.

4. The conservation staff and various trades, mozos and wet mozos will be provided with two monkeys each year, which can be replaced by backgammon and trousers, with the use of the backdoor being optional in the summer season. In the case of backgammon and pant replacement of the monkey, the shirt shall also be supplied. If the Manager is deemed necessary, in consideration of the number of departures that are usually carried out for work in other buildings, or outside the building where they usually provide their services and weather conditions, they are will also provide anorak.

The following material will also be supplied: Two pairs of protective gloves, which will be made of leather and their mandatory use in loading and unloading works of materials and tools, handling of machinery and handling of materials with the possibility of causing cuts, scratches or blows; insulators, which are to be used in works with a risk of electrical contact, in low-voltage installations or capable of having it; or of rubber for the handling of substances that may be corrosive; safety glasses the use of which shall be compulsory in percussion work on metals, use of esmeril stone, works with a risk of splashing of caustic or irritating liquids, hot or cold; safety helmet which shall be compulsory where there is a risk of falling objects or materials on the worker; or blows to the head; safety shoes when necessary and other tools and tools necessary for your work.

5. The archive staff will be provided with a gown each year.

6. Postmortem mozos shall be supplied with trousers and backsheets or beanings and clogs or suitable footwear which shall be renewable twice a year. Where appropriate, clothing and disposable material shall be provided. The cleaning and disinfection of the dressing room and tools will be carried out by specialized staff and will be on behalf of the work centre. They will also be provided with masks and autopsy gloves, as well as the anti-AIDS elements and those that are aimed at preventing the spread of high-risk diseases. When the optional considers it necessary, analyses shall be carried out prior to the handling of the carcass.

7. Social workers, psychologists and educators will be provided with the tests or questionnaires, specialized publications and the necessary work material for the development of their functions and will have adequate premises for the performance of their work, which must be covered by the necessary privacy.

The Peritos will be provided with task and work material tables necessary for the development of their functions.

The Translation-Interpreters will be provided with dictionaries and other material necessary for the performance of their functions.

All staff who are required to use work uniforms will have changing rooms, showers and lockers in their workplaces, whose facilities, where they will not exist, will be established successively.

TITLE IX

Remuneration scheme

Article 55. Remuneration.

The salary structure of the staff included in this Collective Agreement is constituted by the following concepts:

Base salary.

Trienes.

Extraordinary pay.

Salary Supplements:

Transient personal add-on.

Greater responsibility complement.

Plugins.

Non-absorbable age complement.

Residence supplement (Ceuta and Melilla).

Extraordinary hours, with legal constraints.

Nonwage Perceptions:

Indemnities.

Supplements.

The remuneration tables are set out in the Annexes to this Convention.

Article 56. Base salary.

This is the part of the remuneration of the worker fixed per unit of monthly time, depending on the corresponding level, the amount of which is set out in Annex I to this Convention.

Article 57. Trienes.

Trienes shall be payable from the first day of the month in which three, or multiples of three, years of effective services are met, and shall have a fixed value for all categories.

To this effect, the services provided in the Ministry of Justice and Interior or in the organs and services of the Administration of Justice, whether the employment or statutory relationship, will be recognized.

The amount of each three-year period, in fourteen pages, will be 3,114 pesetas (43,596 pesetas in annual counts), for the years 1993 and 1994, and 3,259 pesetas (45,626 pesetas in annual counts) for the year 1995, without prejudice to the possible increases that could be established in successive years for this concept.

Article 58. Extraordinary pagas.

Workers falling within the scope of this Convention shall be entitled to two extraordinary payments per year of equal amounts each to the base salary plus triennial and non-absorbable seniority, in computation monthly, which will be collected in the months of June and December.

When the labor supply does not include the entire year, the proportional portion of the extraordinary pages will be paid, in relation to the time worked, and the fraction of a month as a complete unit will be computed.

Workers who serve on a lower-than-normal working day are entitled to receive the proportional parts of such payments.

For the purposes of calculating these payments, the period of accrual which results in the period from 1 January to 30 June, and the period from 1 July to 31 December, shall be understood as the period between 1 July and 31 December. of December, all within the same year.

Article 59. Salary supplements.

1. Transient personal complement:

1.1 When a worker comes in receipt of annual global remuneration in excess of those corresponding to them by application of this Convention, to equal status, function, seniority and other determining conditions of the salary, the excess will be computed as temporary personal complement.

1.2 Operate the compensation and absorption over the excess of personal remuneration in all remuneration improvements, including job-change derivatives, in accordance with the following rules:

(a) Increase in remuneration arising from the negotiation of this Convention or from the economic update applicable in successive years: Absorption of 50 per 100 of the increase corresponding to the category of the worker, the increase does not exceed the general rate laid down in the General Budget Law of the State, as a limit for the growth of the wage bill.

(b) Remuneration increases which exceed the overall rate for the Administration; in this case, the absorption will be 50 per 100 of the increase resulting from the application of the general rate of growth of the category to which the work belongs, and of the entire excess of increases in that percentage.

(c) Increments resulting from a change in the position of work involving or not promotion of a category, recognition of new plusses or establishments of new remuneration, with the exception of allowances, overtime and special bonuses; absorption of 100 per 100 of the increase.

1.3 In the event that other workers in the present Convention have to be integrated into the future by structural changes, the compensation and absorption of excess personal remuneration in all the remuneration improvements will be in the form provided for in the preceding paragraphs, unless the provisions in force in this field allow for a different agreement to be agreed.

2. Complement of greater responsibility: It will be perceived by those workers who perform within their professional category a job that bears a special responsibility derived from one of the following concepts: Volume work, special dedication, special responsibility and organization of work teams:

a) Volume of Work: It will be applicable to psychologists, social workers and educators attached to the Courts of Minors. This supplement has an amount of 85,000 pesetas per year and will be collected in twelve monthly instalments.

b) Special dedication: It will be applied to Traductores-Interpreters for the dedication that their functions require in terms of updating and recycling their linguistic knowledge. This supplement has an amount of 5 000 pesetas per year and will be collected in 12 monthly instalments.

(c) Special responsibility: It will be applicable to the Diplomatic Experts and Judicial Experts, because of the special responsibility of the implementation of expert reports and the subsequent ratification thereof. It will also apply to the Calefactors Mozos which are responsible for a coal-fired heating system. This supplement has an amount of 5 000 pesetas per year and will be collected in 12 monthly instalments.

d) Organization of work teams: It will be applied to the conservatives for the responsibility that entails the organization and supervision of maintenance and cleaning equipment, in those localities or workplaces where No Chief Maintenance Officer. This supplement has an amount of 5 000 pesetas per year and will be collected in 12 monthly instalments.

The amounts of this add-on are referred to full time. The workers concerned who are part-time will receive the proportion in proportion to their working time.

3. Pluses: The workers falling within the scope of this Convention, who occupy posts specified in the relations referred to in the last paragraph of this point, may become chargeable on the basis of the special characteristics of the job carried out and as a result of the activity carried out in an effective way in the same, not having in any case of a consolidable character, the following plusses:

Plus night work: It will be perceived by those workers who develop their work within twenty-two hours of one day and six hours the next day. If the worker performs only a part within the indicated schedule or his contract limits the performance of the work in night time, he will receive the proportion corresponding to the time actually worked.

Plus of dangerousness: It will be perceived by those workers who perform their functions under customary conditions of danger, understanding for such the direct treatment with detainees or prisoners and to carry out their work in an environment dangerous social for physical or mental health.

Plus of toxicity: It will be perceived by those workers who carry out their work under customary conditions of toxicity, considering themselves as such the performance of functions of handling, cleaning or moving objects or materials toxic, viscera, whole or part of them, or come into contact with them.

Plus of Penosity: It will be perceived by those workers who carry out their work in customary conditions of hardship, understanding for such the realization of the work in places in which the environment is abnormally (i) the fact that the Commission has not yet been able to make a decision on the matter.

The Administration commits and forces to study, remove, reduce and eliminate the causes that give rise to the perception of the pluses of danger, toxicity and penosity. The Committee on Safety and Health at Work shall determine whether the causes of such use have ceased to be produced and shall decide on the abolition of the benefit by the worker concerned, where appropriate, subject to the provisions of the Inspection units of the Ministry of Labour.

The destination and number of jobs to which the previous plusses shall apply and shall produce their accrual, excluding any other, are set out in Annex IV to this Convention, and may be amended by agreement of the CPVIE, published in a semi-annual basis, where appropriate, such modifications in the bulletin boards of all the centres of work for general knowledge.

4. Non-absorbable age supplement: The seniority supplement which was received at 31 December 1985 shall not be absorbable or the amount of the sum shall be amended, and shall be paid on 14 monthly payments.

5. Supplement by residence: The supplement of residence will be received by the workers who are assigned to organs and judicial services of the cities of Ceuta and Melilla, provide services in the same and reside in those cities. The amount of the supplement shall be 25 per 100 of the basic salary, without taking into account any salary supplement or extraordinary payment or seniority.

Article 60. Overtime.

1. Extraordinary hours which are not of a structural nature shall be prohibited. In any event they must be expressly authorized by the Secretary-General of Justice.

2. They shall have the character of structural measures which are required by the need to repair claims and other damage which endanger the facilities of the undertaking and/or stored raw materials, and those resulting from breakdowns requiring repair immediate and those which are necessary for the normal conduct of judicial proceedings which are of an urgent nature.

3. Where the duration of overtime hours or hours of overtime is greater than the amount of 37.5 hours per week in a centre or organ and category and subject, the number of staff shall be recruited for at least one month. workers needed to replace the completion of these overtime hours.

4. Where the performance is essential and cannot be achieved by other means, overtime shall be offset by a rest period, at a rate of 1,75 hours for each extraordinary hour, and such rest time shall be common the agreement between the administration and the workers concerned, and shall be remunerated only where the worker so requests.

The valuation of the extraordinary hour will be the result of increasing the ordinary hour by 75 per 100 of the working days and 150 per 100 in those made on Sundays and holidays and in night time. For the determination of the hourly wage the following table will be used:

annual base salary + triennial + age + pluses

hourly wage =

annual day

5. Overtime will be recorded day by day and will be totaled weekly, giving a copy of the monthly summary to the worker and another to the workers ' representatives.

Article 61. Non-wage perceptions. Compensation payments.

1. The staff subject to the scope of this Collective Agreement shall be subject to the provisions of Royal Decree 236/1988 of 4 March 1988 and subsequent rules on this matter.

2. For these purposes, the tables of assimilation of the labour force to the classification set out in Annex 1 to that Royal Decree shall be as follows:

Group 2: Levels 1 and 2.

Group 3: Levels 3 and 4.

Group 4: Levels 5, 6, 7, and 8.

Article 62. Haber fertilizer.

1. The remuneration shall be made effective by means of a complete and due allowance, with reference to the situation and rights of the workers on the first day of the month to which they correspond, except in the case of the worker or worker taking possession of their first destination, or cease or re-enter the active service, in which they will be effective for days in the same month of the event. In any case, they shall be included in the first complete monthly payment.

2. In the case of the termination of a contract worker for a limited period of time, due to circumstances not provided for in his contract, before the end of the period of employment, he shall be entitled to receive the total remuneration which he would have received up to the date of maturity of the same.

3. Workers on a temporary contract may jointly receive, with their periodic remuneration, the apportionment of the extraordinary payments to which they are entitled, if they so request.

4. Workers shall receive a copy of the receipt of monthly salaries, in an official format, in which all the amounts due and the legal discounts or deductions to be taken and how many other data or questions are collected shall be collected in full. they are included in the relevant legislation, or tend to clarify the concepts, whether or not they are remunerated, as well as the receipt of wages.

Article 63. Remuneration for reduced hours.

The remuneration of staff on reduced working time shall be determined by applying to normal or full-time remuneration of the ratio formed by the ratio resulting from dividing the number of effective hours. carried out by the worker or worker between the number of hours constituting the day agreed in this Convention.

Article 64. Advances.

1. The employees of the Administration of Justice, in case of duly justified need, may apply for advances, reintegrable for the maximum amount of two monthly payments.

2. The Joint Committee on Surveillance, Interpretation and Study should be informed in favour of the granting of the budget.

3. The refund shall be made in the maximum period of 14 monthly payments, counted from the month following its granting.

4. A new advance may not be requested until the previous one has been completely cleared.

Article 65. Wage revision.

According to the provisions of Chapter 7 of the Administrative Agreement on the Management of the Negotiation of the Collective Agreements of the State Administration, the Joint Committee will be available to the Joint Committee. of the Agreement for the allocation of the fund which is, where appropriate, generated for the maintenance of purchasing power and which may correspond to the collective included in this Convention.

TITLE X

Retirement

Article 66. Retirement.

1. Within the policy of promoting employment in the field of this Convention, retirement will be compulsory when the worker is 60 and five years of age, and the Administration is committed to include the vacancy in the public offer of employment. next, and, in the meantime, include it in the respective work bag.

2. The retirement age provided for in the preceding paragraph is without prejudice to the fact that every worker is able to complete the minimum retirement age, in which case the compulsory retirement will take place on completion of the (a) the period of the period of the period of employment of the worker concerned.

Article 67. Voluntary retirement.

Workers may voluntarily retire at the age of sixty-four years, in the form and conditions laid down in Royal Decree-Law 1194/1985 of 17 July.

TITLE XI

Trade union rights

Article 68. Rights of trade union representation.

In terms of union representation, the provisions of Title II of the Workers ' Statute, the Organic Law on Freedom of Association, as soon as it results from its application, as well as the other legislation in force, will be in force. material.

The Business Committee is the representative and collegiate body of the workers of the company or job center for the defense of their interests, constituting in each center of work whose census is superior to 50 workers. In the workplace whose census is less than 50 workers, these powers shall be exercised by the Delegate or the Staff Delegates.

The Business Committees will have an appropriate and suitable premises for the activities of their representation, as well as bulletin boards in which they can insert their communications.

The members of the Staff Committee or Delegates of Staff, and the Trade Union Delegates in the event that they are not part of that body, may proceed, after communication to the General Secretariat of Justice, to the accumulation in one or more of its components, of the time credit corresponding to them according to Article 68.e) of the Staff Regulations.

It will be considered as effective working time, without imputation to the credit schedule that could correspond to the representatives of the workers for their union position, the one dedicated to the meetings convened by the Administration.

The use of the legally established schedule credits or credit accumulations communicated by the General Secretariat of Justice by the trade union representatives of the Administration of Justice shall be carried out by whole units of hours or full days, prior notice to the person responsible for the organ to which he is attached, or later, if exceptional circumstances of urgency do not make it possible, and without justification.

Of the draft regulatory or legal amendments affecting the tasks of the staff set out in Annex II, the representatives of the employees shall be required to report.

TITLE XII

Social Action

Article 69. Social action. General principles.

1. The implementation of the funds or budget appropriations for social assistance and action shall be implemented in accordance with the rules and decisions adopted by the Social Action Committee.

2. The achievement of the social objectives will, in any case, be subject to the limitations of the existing budgetary appropriations for each financial year.

3. The administration shall fix, in its preliminary draft annual budget, the amounts necessary to meet the obligations arising from this Title.

Article 70. Commission of Social Action.

1. The Social Action Committee shall be constituted within the month following the publication of this Collective Agreement, if it is not already constituted, and in any event at the beginning of each budgetary period and shall be composed of one representative of each one of the Central Trade Unions that have obtained the status of most representative, and as many representatives of the Administration as are necessary to obtain a joint composition.

2. The Commission of Social Action may advise on any relevant person, on the proposal of any of its components.

3. The meetings of the Social Action Committee shall be held within the Bureau of Social Action and Labour Health provided for in the Administrative and Trade-Union Agreements of 27 July 1995, each time it is necessary to the proper management of the social action programmes to be determined. In any case, it shall meet whenever requested by any of its members, who shall provide the order of the day for such a meeting.

4. The Administration will be obliged to provide the Social Action Commission with resources and premises, as well as to assist it technically when it so requires.

Article 71. Programmes.

1. Each year, the Social Action Committee will determine the programmes to be allocated to the funds allocated to this concept, as well as the scales to be used for the award, the time limits and all the matters relating to the management of the funds. programmes.

2. As a general rule, the Social Action Commission will direct its actions to ensure that the funds allocated for this purpose are allocated among the greatest possible number of workers, showing preference for those who have lower wages, those who are whose personal circumstances are most disadvantaged and those who do not have other means of accessing the same benefits on other routes.

First transient disposition.

If in any case the current periodic remuneration of some workers, including all the concepts, and examined as a whole in annual computation, is higher than that established in this Covnenium, it must be respected that in What is more, it is considered as a personal and transitory complement to excess.

Second transient disposition.

The situations of surplus for child care in force on 13 April 1995, the date of entry into force of Law 4/1995 of 23 March, under the provisions of Law 3/1989 of 3 March, will be governed by the provisions of the This Law, provided that the surplus worker is within the first year of the period of leave in force at the said date of entry into force.

Otherwise, the excess will be governed by the rules in force at the time of the commencement of your enjoyment, until your termination.

Additional provision first. -Extension of salary masses and approval of supplementary instructions.

On the assumption that the government, in the development of agreements reached or that can be reached with the Central Trade Unions in the General Office of the Civil Service or in any other area of negotiation in relation to the personnel (a) the Commission may, in addition to the provisions of Article 8 (2) of Regulation (EC) No 87/2000, adopt additional budget appropriations, the distribution of such appropriations to be negotiated by the Bureau of this Convention or by the Joint Committee provided for in Article 8; enforced.

Additional provision second.

A Commission of a technical nature with the participation of the trade union organizations that have signed the Convention will be set up within one month of the publication of this Convention, for the study and planning of transfers of labour personnel, including in their field, to the Autonomous Communities.

This Commission will report and make delivery by the Administration of the necessary data relating to these processes.

Additional provision third.

The regulation of functional mobility, geographical mobility and professional classification, which, respectively, determine Articles 21, 22 and 25 of the Convention, must be adjusted, through the Joint Commission which establishes Article 8, criteria which are generally drawn up by the Joint Negotiating Committee referred to in Chapter 3 of Title I of the "Administrative and Trade Union Agreement on the Management of the Negotiation of Conventions" (a) of the State Administration, of 7 February 1995, or the body to replace it.

Additional provision fourth. Categories to be extinguished.

The categories declared to be extinguished that are listed in a table at the end of this additional provision will have special treatment due to their particular conditions, in the development of which the workers have not It is considered that they should not be harmed.

All workers holding jobs in categories who are declared to be out of work may apply for reclassification, subject to a report from the Joint Committee provided for in Article 8, in another of their same level. Once the reclassification is positively informed, the worker must demonstrate his technical capacity for the development of the functions described in the definition of the category to which he chooses by means of a training course with a certificate of use.

Demonstrated the capacity, the reclassification will take place, if studied the catalogue of jobs of the center of work where it is destined, is considered positive and the extension of the same in the post is authorized corresponding to the requested category. In another case, the worker will be assigned to his new category in a different working centre in the same locality or in a different locality, if he voluntarily accepts it. Otherwise there will be no reclassification.

Approved the reclassification by the competent bodies, the work category of the applicant shall be modified.

List of categories declared to be extinguished:

Second Administrative Chief.

First Administrative Officer.

Second Administrative Officer.

Administrative Auxiliary.

Additional provision fifth. Functionalization.

In development of the provisions of the Trade Unions Agreements of 19 September 1994 (Chapter XXIV), the process of the functionalisation of certain categories of work will begin, with the first phase of the categories with administrative functions referred to in the fourth additional provision of this Convention, without prejudice to the process being able to continue in successive stages, both for these same categories and for others which could be addressed in the future, provided that the Ministry of Economy and Finance is obtained the Staff positions required to carry it out.

The functionalization process will conform to the following rules:

1. Subjective requirements: The workers affected by this Collective Agreement may be eligible for functionalization in this first phase, which has the category of Administrative Chief of the Second, First Administrative Officer, Second Officer Administrative and Auxiliary Administrative persons who are in the situation of asset, surplus and suspension of contract of employment with job reserve.

2. Title:

The Second Administrative Chief and the First Administrative Officers, whose functionalization will be done in the Officers ' Body of the Administration of Justice, will need to be in possession of the title of Unified Bachiller. Polyvalent or equivalent.

The workers with the category of Second Administrative and Administrative Auxiliary, whose functionalization will be done in the Auxiliary Corps of the Administration of Justice, will need to be in possession of the Basic General Education or equivalent.

Workers who lack such qualifications will be able to participate in the corresponding call whenever they are ten years old in these categories.

3. Access: To facilitate the functionalization of the administration, the Administration will organize and teach courses of preparation aimed at seeking the knowledge of the subjects on which the selective tests will be based.

Access to the bodies of officials mentioned above will be done through a target selection system that will comprise the following phases:

Merit contest (effective services provided as labor personnel and selective tests exceeded to access such condition).

Selective test that will be the same for all the aspirants in each of the bodies in which they are operated.

The content and the score to be awarded in each of the phases will be determined in the respective calls.

The points obtained in the competition phase will be valued up to 45 per 100 of the maximum score to be obtained in the contest-opposition, and in no case can be applied to overcome the opposition phase, which will have character eliminatory.

4. Effects: To those in excess of access to the official bodies, the annual salary of the employees will be guaranteed as a minimum, and they will be perceived as working personnel with the application of temporary personal supplements in those cases in which they are that the remuneration as labour force exceeds those of the bodies of officials to whom they access.

They will be recognized for the purpose of remuneration, by application of Law 70/1978, the previous services provided as labor personnel.

Once they have access to the bodies of officials, they will be assigned to the post of official staff in which that post has been converted, and must remain in the post for a minimum period of one year.

Functionalized workers will be able to choose to maintain the Social Security regime they had previously or that of the special regime of public officials of the Administration of Justice.

Those who do not exceed the access will remain as labor personnel of the Administration of Justice in the same category that they now have.

Additional provision sixth. -Reclassifications.

The workers of the categories of Serene, Celador and Portero, will be reclassified in the category of Vigilante, and those of the category of Ascensorist will be reclassified in the category of Subaltern, maintaining, in both cases, the the same level and remuneration, with effect from 1 January 1995.

Workers in the category of Autopsia (level 8), will be reclassified, with effect from 1 January 1995, in the category of Auxiliary of Autopsia, corresponding from this date level 6 and the remuneration that are assigned at this level in Annex I, and the category of Autopsia Mozo has therefore been extinguished since that date.

Additional provision seventh.

If, for the duration of this Convention, any change in the staff's dependence on this Convention, due to the restructuring or transfer of the management to another body or public administration, has occurred, The amendment shall not affect the agreement of the same, which shall be considered as a minimum standard.

Additional disposition octave.

The distribution of the wage bill for the year 1996 once authorized by the Executive Committee of the Inter-Ministerial Remuneration Commission will be agreed within the CPVIE.

ANNEX I

Pay tables

Annual gross remuneration (14 pages)

Years 1993-1994

-

Pesetas/Year 1995

-

Pesetas/Levels

1/2.711.106/2.805.995

2/2.171.918/2.247.935

3/1.765.960/1.827.769

4/1.604.128/1.660.272

5/1.473.280/1.524.845

6/1.357.078/1.404.576

7/1.312.806/1.358,754

8/1.166.556/1.207.385

ANNEX II

Definition of categories and qualifications required for income

on the same

The list of categories below is indicative, without prejudice to changes (creating or deleting categories) that could be proposed by the Administration in the exercise of its capacity to self-organisation, after negotiation with the trade unions in accordance with the provisions of this Convention.

Psychologist: It is the worker who with higher university degree in Psychology or specialty in this subject, under the functional dependence of the organ to which he is attached, performs technical advisory functions in the Courts, Courts, Fiscalas and technical bodies in the field of their professional discipline. His performance refers to the exploration, evaluation and diagnosis of the relationships and patterns of interaction, aspects of personality, intelligence, aptitudes, attitudes and other aspects of this specialty of the people involved in the processes. The Court of Justice of the European Court of Justice of the European Court of Justice of the European Union, of the Court of Justice of the European Union, of the Court of Justice of the European Union

Titled superior: It is the worker who is in possession of the corresponding degree of higher degree, under the functional dependency of the organ to which he is attached, performs functions of his own level and specialty.

Social Worker: It is the worker who with a university degree of Diplomacy in Social Work or Social Assistant, under the functional dependency of the organ to which he is attached, carries out his professional intervention informing and technically advising the Courts, Courts, Fiscalas and technical bodies in matters of their professional discipline. They will act both at the individual and inter-professional level, drawing up the social reports requested by the aforementioned bodies, as well as the collaboration with the other members of the technical teams for the development of the aforementioned bodies. functions.

File Assistant: It is the worker who with a degree in university diploma, under the functional dependency of the organ to which he is attached, performs functions of reception, classification, preservation and archiving of documents and files, handling of files, either manually or in a computerised form, as well as the issue and control of the files and documentation requested.

Educator: It is the worker who with a degree of university diploma in the field, under the functional dependence of the organ to which he is attached, performs functions of counseling in educational matters of the Courts of Minors and Fiscalas, as well as the elaboration of educational programs requested regarding minors involved in judicial processes, and will collaborate with the other members of the technical teams for the development of the aforementioned functions.

University Diploma Or Middle Grade Diplomat: It is the worker who is in possession of the corresponding degree of university diploma or middle grade, under the functional dependence of the organ to which he is attached, performs functions of his academic and specialty level.

Graduated Judicial: It is the worker who with a university degree of university diploma, under the functional dependency of the organ to which he is attached, performs functions of expertise, assessment, analysis and examination of goods, objects or documents, on the basis of their technical knowledge and the relevant technical and professional evidence. Their knowledge and work shall relate to one of the following subjects: vehicles, jewellery-art, furniture, buildings, calligraphy, accounting, graphic and audiovisual media or those which may be created in the future.

Translator-Interpreter: It is the worker who with a Multi-purpose Unified Baccalaureate degree or equivalent, under the functional dependency of the organ to which he is attached, performs functions of translation and interpretation of a language foreign language or vernacular to Spanish or vice versa.

Head of Maintenance: It is the worker who, under the functional dependency of the body to which he is attached, coordinates and supervises the tasks of the staff dedicated to the maintenance, preservation and cleaning of the building or buildings The Court of Justice

These workers must be aware of the different tasks corresponding to the staff's specialties to their orders.

Chief Administrative Officer: It is the worker who, under the functional dependency of the body to which he is attached, performs work that requires specific knowledge of administrative techniques, has or does not have workers his position. Within this category and with this denomination is included the Chief Administrative Officer.

Judicial Period BUP: It is the worker who with a degree of Multi-purpose Unified Baccalaureate or equivalent, under the functional dependency of the organ to which he is attached, performs functions of assessment, assessment, analysis and examination of goods, objects or documents, on the basis of their knowledge and the relevant technical and professional evidence. Their knowledge and work shall relate to one of the following subjects: vehicles, jewellery-art, furniture, buildings, calligraphy, accounting, graphic and audiovisual media or those which may be created in the future.

In Charge of Surveillance: It is the worker who, under the functional dependency of the organ to which he is attached, performs surveillance functions, directs and coordinates the premises and facilities of the corresponding judicial building.

Conservative: It is the worker who, under the functional dependency of the body to which he is attached, performs maintenance activities of the facilities and services of the judicial buildings and, not existing Chief of Maintenance, coordinate and direct the different trades.

First Administrative Officer: It is the worker who, under the functional dependency of the organ to which he is attached, performs functions of elaboration of administrative files and other similar characteristics.

Office of First Officer: It is the worker who, under the functional dependency of the body to which he is attached, performs functions of maintenance of general services facilities of his own office, under the orders of a Head of Maintenance, if any, or other hierarchical superior.

Estenotipista: It is the worker who with a degree of polyvalent Unified Baccalaureate, under the functional dependency of the organ to which he is attached, using manual or computerized technical means performs functions of a transcript that allows to collect simultaneously or in a record everything spoken or performed during an oral trial or a judicial diligence in all manner of processes.

Parking Quillero: It is the worker who, under the functional dependency of the organ to which he is attached, is in charge of checking the input and output of

vehicles in the car parks of the judicial buildings.

Second Administrative Officer: It is the worker who, under the functional dependency of the body to which he is attached and with initiative and restricted responsibility and subordinate to a hierarchical chief or superior, performs functions of drawing up of administrative files and other similar features.

Official of the Second Office: It is the worker who, under the functional dependency of the organ to which he is attached, and with adequate knowledge of his trade and without possessing the required specialization to the first-performing officers own works of your speciality.

Telephone-Receptionist: It is the worker who, under the functional dependency of the organ to which he is attached, is in charge of the distribution of telephone communications of the building, management of telephone exchanges and Detection and communication of breakdowns in the telephone network of the building, reconciling its work with the information attention to the general public.

Administrative Assistant: It is the worker who, under the authority of the body to which he is attached, is dedicated to elementary administrative operations and, in general, to the purely mechanical inherent to the office.

Official third of Office: It is the worker who, under the functional dependency of the organ to which he is attached, and with general knowledge of the trade, assists the first and second officers in the execution of their own functions of these, making, in their case, and on its own, the elementals of their trade.

Apparatus: It is the worker who, under the functional dependency of the organ to which he is attached, is in charge of the parking, control and surveillance of the vehicles within the car parks of the judicial buildings.

Telephone: It is the worker who, under the functional dependency of the organ to which he is attached, is in charge of the distribution of telephone communications of the building, management of telephone exchanges and detection and communication of breakdowns in the telephone network of the building.

Autopsy Auxiliary: It is the worker who, under the functional dependency of the organ to which he is attached, performs the following functions:

a) Before autopsy:

Receive the corpse and strip it.

Move the corpse to the cold chamber and introduce it into the room.

Annotate, label, and package the personal effects of the corpse.

Remove the body from the cold chamber and place it on the autopsies table.

Prepare the necessary instruments for performing the autopsy.

b) During autopsy:

Auxiliary under optional dependency in the techniques of organ opening and extraction.

Weighing, measuring and sampling the places indicated for storage, packaging, labelling and shipping.

c) After autopsy:

Perform the non-visible outer suture of the corpse and attach it.

Move the corpse from the autopsies table to the cold rooms.

Take the body out of the cold room, making it available to the family.

Instrument cleaning and the autopsies table.

Mozo-Calefactor: It is the worker who, under the functional dependency of the organ to which he is attached, performs the functions of the category of Mozo and is in charge, in addition, of the workings of systems of heating or air conditioning in the judicial buildings.

Goalkeeper: It is the worker who, under the functional dependency of the organ to which he is attached, has as a mission the surveillance of the entrance and exit of people at the doors of the judicial building.

Vigilante, Sereno or Celador: It is the worker who, under the functional dependency of the organ to which he is attached, in the night shifts, performs functions of monitoring the premises of the judicial building, both local and of installations, materials and articles.

Subaltern: It is the worker who, under the functional dependency of the organ to which he is attached, performs functions of detection and communication of anomalies that he can observe in the premises of the judicial building; distribution of current packages; collection, delivery, postage and closing of correspondence; attends and informs the public about the building's dependencies. Tasks of a judicial nature are expressly excluded.

Ascensors: It is the worker who, under the functional dependency of the organ to which he is attached, is in charge of the handling and monitoring of lifts of the judicial building, as well as the detection and communication of breakdowns of the "

Mozo: It is the worker who, under the functional dependency of the organ to which he is attached, is in charge of carrying out work of force, transfer of packages and recesses related to the service.

Cleaner: It is the worker who, under the functional dependency of the organ to which he is attached, is in charge of carrying out the cleaning in the judicial buildings, both of premises, dependencies, stairs, corridors, services, so (a) as a means of transferable securities, etc., with the exception of work involving a risk to physical integrity.

ANNEX III

Levels, required qualifications for each of them and work categories

Level/Title/Category

1/Higher university degree. /Titled superior, Psychologist.

2/University diploma or equivalent. /University Diplomat, Archive Assistant, Diploma Judicial, Social Worker and Educator.

3/FP 2. º, BUP or equivalent. /Chief of Maintenance, Chief Administrative Officer of the second, Traductor-Interprete, Perito Judicial BUP.

4/FP 2. º, BUP or equivalent. /Surveillance Officer, First Administrative Officer, Conservative, First-of-Trade Officer (Electrician, Calefaction-Air, Plumber, Carpenter, Gardener), Stenotitrack.

5/FP 1. º, EGB or equivalent. /Tàquillero, Official of the Second Administrative Officer, Official of the Second Office (Masonry, Electrician, Carpenter, Locksmith, Gardener, Air Conditioning/Heating, Plumber).

6/FP 1. º, EGB or equivalent. /Auxiliary, Telephone-Receptionist, Office of the Third Office of the Office, Mozo-Calefactor, Apparatus, Auxiliary of Autopsia (from 1 January 1995).

7/School Certificate or equivalent. /Telephone, Ascensorist, Vigilante (Celador, Goalkeeper and Serene until December 31, 1994) and Subaltern (Ascensorista until December 31, 1994).

8/School Certificate or equivalent. /Mozo, Cleaner, Mozo of Autopsia (until December 31, 1994).

ANNEX IV

Plugins

Determination of the jobs of the work staff received

to this Convention included in the perception of pluses

1. Plus of night work. -It will be perceived by the workers of the categories of Vigilante, Official of the Various Trades and Mozos or Auxiliary of Autopsia who develop their work in the conditions that are determined for this plus in article 59.3.

The amount of this plus is 5,500 pesetas per month and will be paid in twelve monthly payments.

The destination of the number of jobs to which this plus will apply is specified below.

Categories

Destinations/Vigilantes/Of. Ofic.

Miscellaneous 1 and 2. º/Mozos

from Autopsia

National Toxicology Institute:

Madrid/3

Sevilla/3

Judicial buildings:

Madrid. Decanate/2

Leon. Decanate/2

Forensic Anatomical Institute:

Sevilla/2

Las Palmas de Gran Canaria/2

Madrid/1/2

2. Plus of danger. -It will be perceived by those workers with the category of Cleaner/to perform their functions in the conditions that determines for this plus the article 59.3.

The amount of this plus is 11,000 pesetas per month and will be paid in twelve monthly instalments.

The destination and number of jobs to which this plus will apply is specified below.

Targets/Categories

-

Cleaners

37.5 hours/week

Calabozos:

Leganes. Decanate/1

Alcala de Henares. Decanate/2,132

Malaga. Provincial Hearing/2

Sevilla. Decanate/1

Algeciras. Decanate/0,533

Ciudad Real/0.533

La Coruña. Decanate/1

Murcia. Superior Court of Justice/1,2

Almeria. Audience Provincial/0.666

Granada. Superior Court of Justice/1

Pamplona. Decanate/0,533

Palma de Mallorca. Provincial Hearing/0.533

Palma de Mallorca. Decanate/1

Santa Cruz de Tenerife. Decanate/0,533

Santa Cruz de Tenerife. La Laguna/1

Cadiz. Decanate/1

Jerez de la Frontera. Decanate/0.666

Gijon. Decanate/1

Oviedo. Decanate/1

3. Plus of toxicity. -It is appropriate to perceive this plus to all workers in the category of Mozos or Auxiliary of Autopsia for developing their work in the conditions that are determined for this plus in article 59.3. For this same reason it will also be perceived by the workers with the categories of Mozo and Cleaner/a destined in the Medical Forensic Institutes, Medical Clinics-Forensic and National Institutes of Toxicology that perform their functions in the cited conditions.

The amount of this plus is 11,000 pesetas per month and will be paid in twelve monthly instalments.

The destination and number of jobs to which it will apply this plus, in addition to the Mozos or Auxiliary of Autopsia that will accrue them all, is specified below.

Categories

Destinations/Mozo/Cleaner/a

Forensic Anatomical Institute:

Granada//0.8

Las Palmas//0.533

Madrid//2

Palma de Mallorca//0.266

Sevilla//1.6

Valladolid//0.533

Zaragoza/1/0.8

Medical Examiner's Clinic:

Madrid/1/1.066

National Toxicology Institute:

Barcelona//3.2

Madrid/4/6

Sevilla/1/6

4. Plus penalties. -It is for the workers in the categories mentioned in the table below to receive this plus for their activity under the conditions laid down for this plus in Article 59.3.

The amount of this plus is 11,000 pesetas per month and will be paid in twelve monthly payments.

The destination and number of jobs to which this plus will apply is specified below.

Categories

Destinations/T.S. /Psi. /Of. 2. ª/Vig. /Tel. /M. Cal. /Sub.

Forensic Anatomical Institute:

Madrid/3//2/2///

Sevilla///2///

Medical Examiner's Clinic:

Barcelona/1/1

Granada/1/1

Madrid/1/2

Zaragoza/1/1

Malaga/1

Sevilla//1

Las Palmas//1

Palma de Mallorca/1/1

National Toxicology Institute:

Barcelona///1//1/1

Madrid//1/5/1//2

Sevilla///3/1

Categories

Destinations/Tit. Sup. /Woe. Arch. /aux. /Sub. /Mozo

Files:

Supreme Court/1/4/2/

National Audience///1

TSJ Madrid (Sala Social)//1

Decanate. Madrid/1//1/1/4

Decanate. Madrid (Arch. Pieces Conviction)////3

Decanate. Sevilla//1//1

Provincial Audience. Zamora///1//

Provincial Audience. Sevilla///1/

The present employment relationship with the right to the perception of pluses will have economic effects as from 1 January 1995.