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Resolution Of 30 May 1996, Of The General Directorate Of Labour And Migration, By Which Registration Is Available In The Register And Publication Of The Collective Convention Ii Of Sustained Private Education Companies, Wholly Or Partly, With...

Original Language Title: Resolución de 30 de mayo de 1996, de la Dirección General de Trabajo y Migraciones, por la que se dispone la inscripción en el Registro y publicación del II Convenio Colectivo de empresas de enseñanza privada sostenidas, total o parcialmente, con...

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TEXT

Having regard to the text of the Second Collective Agreement of private education undertakings, which have been fully or partially held with public funds (Convention code number 9908725), which was signed on 21 March 1996, on the one hand, Confederation of Education and Management Centres (E and G) and the Associació Professional Servéis Educatius de Catalunya (APSEC) representing companies in the sector, and the other, by the FETE-UGT, FSIE, USO and CIG trade unions, representing the working group concerned, and in accordance with Article 90 (2) and (3), of the Royal Decree of Law 1/1995 of 24 March, approving the recast text of the Law of the Workers ' Statute, and in Royal Decree 1040/1981 of 22 May on the registration and deposit of Collective Labour Conventions,

This Directorate General for Work and Migration agrees:

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

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

Madrid, May 30, 1996. -Director General, Soledad Cordova Garrido.

II COLLECTIVE AGREEMENT OF PRIVATE EDUCATION COMPANIES HELD, WHOLLY OR IN PART, WITH PUBLIC FUNDS

TITLE I

General provisions

CHAPTER I

scopes

Article 1. Territorial scope.

This Convention is applicable throughout the territory of the Spanish State.

However, in those Autonomous Communities with exclusive competences or transferred powers, collective agreements may be negotiated for their application in their territorial scope. This will require the prior agreement of the employers ' and trade union organizations, legitimized in the areas of negotiation, that will reach the majority of their respective representativeness. In this case, the State-wide Convention will be the right to apply for matters not negotiated in the autonomous field.

Article 2. Functional scope.

This Convention will affect private, non-university, integrated or non-integrated education companies, which at least provide a sustained, total or partial level of education, with public funds, and in which they are carry out any of the following educational activities:

Preschool and/or 2. cycle Children's Education. (integrated).

Primary Education and/or Basic General Education.

compulsory Secondary Education.

Multi-purpose Unified Baccalaureate, University Orientation Course, Baccalaureate.

Vocational Training I and/or Specific Professional Training in the middle grade.

Vocational Training II and/or specific higher-grade specific vocational training.

Special Education (integrated).

Adult Education.

Residential centers (minor schools, student residences, and home schools).

For the purposes of this Convention, an educational enterprise is understood to be any private, integrated or non-integrated education institution with different educational levels, and which has the authority of the educational administration. competent by reason of its territorial location, to impart the levels indicated in the preceding paragraph.

Article 3. Personal scope.

This Convention will affect all staff on a contract of employment who provide their services as an employed person in and for an educational enterprise, whatever the private business ownership of the same.

Article 4. Temporary scope.

The scope of this Convention shall be extended from 1 January to 31 December 1996. The economic effects shall be applied retroactively from 1 January 1996.

For 1997 and for sustained levels with public funds, the salary of the teaching staff will be set, taking into account the deviation of the consumer price index (CPI) forecast for the previous year and recognizing the Educational administrations, as well as any other increase that could be agreed with these administrations by the employers ' and trade unions by a majority of their respective representativeness.

CHAPTER II

Joint Commission

Article 5. Functions.

A Joint Commission shall be constituted for the interpretation, mediation, arbitration and monitoring of the provisions of this Convention.

If the parties expressly submit to the arbitration of the Commission their resolution will be binding upon them.

In the first meeting, the President and the Secretary will be appointed, whose task will be to convene and moderate the meeting and to raise the record of the meeting, leading to the prior registration and archiving of the matters dealt with.

Article 6. Constitution.

The Joint Commission, which is the only one to be resolved in this Convention, will be composed of representatives of the negotiating organizations of the Convention, not the persons of the President and the Secretary.

The Joint Commission sets its address in Madrid, on the street Diego de León, 22, 3.

Article 7. Call.

The Joint Committee shall meet on an ordinary basis once a quarter and on an extraordinary basis at the request of the majority of the organisations of one of the parties.

In both cases the call shall be made in writing, or fax, at least five working days in advance, indicating the order of the day, date, time and place of the meeting, together with the necessary documentation by mail certificate. Only in case of urgency, recognised by all organisations, the period may be lower.

Article 8. Agreements.

The Joint Committee's agreements shall be taken by a weighted vote according to the representativeness of each organisation in the field of this Convention, with the approval of more than 50 per 100 of the Employers ' representativeness and by more than 50% of the trade union representation. The President and the Secretary have a voice but I do not vote.

CHAPTER III

Organization of the job

Article 9.

The discipline and organization of the work is the specific faculty of the employer and will be in accordance with the provisions of the Staff Regulations, the Organic Law on the Law of Education and other provisions applicable to undertakings included in the functional and territorial areas of this Convention.

TITLE II

From Staff

CHAPTER I

Staff Classification

Article 10. Groups and branches.

The personnel affected by this Convention, in accordance with the work developed in the company, will be classified into two groups:

Group l: Teaching staff.

Group 2: Non-teaching staff.

Group 1: Teaching staff

1.1 Of Pre-school, Basic Education, 2. Cycle Child Education and Primary Education.

1.1.1 Teacher.

1.2 Of 1. Cycle Secondary Education Required.

1.2.1 Professor.

1.3 Of 2. Compulsory Secondary Education Cycle, Polyvalent Unified Baccalaureate, University Orientation Course, and Baccalaureate.

1.3.1 Full Professor.

1.3.2 Assistant, aggregate, auxiliary.

1.4 Vocational Training I and Specific Vocational Training in the middle grade.

1.4.1 Full Professor.

1.4.2. Adjunct Professor, Attaché.

1.5 Vocational Training II and Specific Vocational Training of a higher grade.

1.5.1 Full Professor.

1.5.2 Assistant Professor, Attaché.

1.6 Special Education.

1.6.1 Teacher.

1.7 Adult Education.

1.7.1 Professor.

1.7.2 Assistant Professor, Attaché.

1.8 Other staff.

1.8.1 Educational Orientator.

1.8.2 Professor of extracurricular educational activities.

1.8.3 Instructor or Monitor.

1.8.4. Educator.

1.9. Functional categories-temporary.

1.9.1 Director.

1.9.2 Subdirector.

1.9.3 Head of Studies.

1.9.4 Head of Department.

The working-time categories of the teaching staff, as well as their working time and specific salary supplement, will be maintained for the duration of this function.

Group 2: Non-teaching staff

2.1 Personal titled non-teaching.

2.1. Senior graduates: Chaplain, Spiritual Director, Lawyer, Physician, Psychologist, Pedagogue, Compulsory Secondary Education Counselor, Librarian, etc.

2.1.2 Means: Nurse, Health Technical Assistant, University Diploma in Nursing, Social Worker, Social Graduate, etc.

2.2 Administrative staff.

2.2.1 Head of Administration or Secretariat.

2.2.2 Chief Negotiator.

2.2.3 Official. Accounting officer.

2.2.4 Receptionist. Telephone.

2.2.5 Auxiliary.

2.2.6 Apprentice.

2.3 Auxiliary staff.

2.3.1 Caregiver for students with disabilities.

2.4 General Services Personnel.

2.4. A. Goalkeeping and surveillance personnel.

2.4. A. 1 Conserje.

2.4. A. 2 Portero.

2.4. A. 3 Saves. Serene.

2.4. A. 4 Unqualified staff.

2.4. A. 5 Apprentice.

2.4. B Cleaning staff.

2.4. B. 1 Ruler.

2.4. B. 2 Cleaning service employee.

2.4. B. 3 sewing, washing and ironing.

2.4. B. 4 Unqualified staff.

2.4. B. 5 Apprentice.

2.4. C Kitchen and dining staff.

2.4. C. 1 Head of Kitchen.

2.4. C. 2 Cook.

2.4. C. 3 Kitchen Assistant.

2.4. C. 4 Employee of the Dining Service.

2.4. C. 5 Unqualified staff.

2.4. C. 6 Apprentice.

2.4. D Maintenance and general trades.

2.4. D. I Official of 1. Office of Official Publications.

2.4. D. 2 Officer of 2. Office.

2.4. D. 3 Maintenance, gardening and miscellaneous jobs.

2.4. D. 4 Unqualified staff.

2.4. D. 5 Apprentice.

2.4. E Drivers.

2.4. E. 1 Driver of 1. Special.

2.4. E. 2 Driver of 2. ª

The Joint Commission shall approve the categories not covered by this Convention.

Article 11. Definitions.

The definitions for the different categories, as well as the table of equivalences with the categories defined in the Conventions that were previously applied, are those set out in Annex I which form part of the Member of the Convention.

Article 12. Provisions.

The categories specified above have an enunciative character and do not assume the obligation for the company to have all of them provided.

The functional polyvalence, that is, the performance of tasks of two or more categories, can be agreed in contract of work.

CHAPTER II

Hiring

Article 13. Form of contract.

Any contract concluded in the scope of this Convention shall be formalised in writing and shall be in accordance with the rules on the control of procurement.

Article 14. Presumption of indefinite duration.

The personnel affected by this Agreement shall be deemed to be engaged for an indefinite period, without any exceptions other than those permitted by law and with the limitations indicated in the following articles.

The staff will be hired by any of the contracting modalities that at any time is possible according to the legislation in force.

The staff admitted to the company without any special modallity in terms of the duration of their contract will be considered fixed after the trial period has elapsed.

Article 15. Minimum duration.

They will have a minimum duration of one year, the contracts and/or their extensions that are carried out as a measure of promotion of employment, in practices and for the training, launching of new activity and learning.

The contracts signed with teaching staff hired to fill a vacant vacancy after the school year, which will be extended until the following 31 August, are excepted from the previous rule. Contracts which are concluded during the month of September of each year shall not be eligible for this derogation.

Article 16. Limitation of temporary recruitment.

Staff with a temporary contract as a measure of employment promotion, in practice and for training, new activity launch and apprenticeship will not exceed 25 per 100 of the workforce. If the percentage is decimal, it will be rounded off.

Staff hired for extracurricular educational activities do not enter this computer.

In the work centers of eight or fewer of eight workers, this article will not apply.

The companies will adjust their template to the previously foreseen in the period of validity of this Convention.

Article 17. Apprenticeship contract.

Learning contracts will only initially be signed with workers under the age of 22. The worker who is subject to apprenticeship shall receive, for the maximum working time which he is able to carry out, the minimum inter-professional salary established for more than 18 years, even if he does not reach that age.

If the worker continues in the company after the completion of the apprenticeship contract, he shall occupy the category immediately above his or her own in the present Convention.

All workers at the service of the company, provided they have the necessary professional qualifications, will be obliged to perform the function of tutor of apprentices, if the latter appoints them for this purpose. The employer shall be obliged to give the necessary time, within his time, to carry out such a function.

Article 18. Contract in practice.

Employed trainees will receive, during the first year, 80 per 100 of the salary set in the Salarial Tables for their professional category, and 90 per 100 of the salary during the second year. Workers included in a delegated payment will receive 100 per 100 of their salary from the start of their employment relationship.

Article 19. Conversion into an indefinite contract.

All workers will automatically move on to the condition of fixed if the term specified in the contract continues to develop their activities without the existence of a new contract or extension of the previous one.

Article 20. Professor of support.

The Professor of Support is the one who joins the company to occupy a unit of support of those created for the purpose by the different Laws of General Budget of the State or similar norms of the Autonomous Communities, or in the arrangements concluded or which may be concluded during the term of this Convention, between the competent educational authorities, the employers ' and trade union organisations, on centres affected by the abolition of the concerted.

As not regulated in the respective agreements and addendas, it shall apply to it all agreed in this Convention.

CHAPTER III

Test Period, Vacancies and Voluntary Cesses

Article 21. Test period.

All new entry staff will be submitted to the test period that is set out below for their professional category:

1. Teacher Staff: Four months.

2. Non-teaching staff: Two months.

3. Personal auxiliary staff and administration and service personnel: One month, except for unskilled staff and apprentices, which will be 15 calendar days.

The test period will be completed, the worker will become part of the company's staff, and all the effects of this period will be computed.

Article 22. Vacancies.

A vacancy is understood to be the situation in a company that is low in a worker as a result of the extinction of its employment relationship.

1. Vacants among teaching staff:

(a) Vacancies occurring in the upper classes of Group 1 (Article 10) shall be covered among the staff of lower categories of the same group, combining the capacity, qualification and aptitude with seniority in the company.

In the absence of the employer's judgement, staff meeting the conditions set out above, the vacancies will be filled in accordance with the legislation in force at any time.

(b) At the agreed levels, the coverage of the vacancies to be produced shall be made in accordance with the provisions of Article 60 of the Organic Law on the Law of Education. The School Board of the Centre shall, when covering the same, provide for preference criteria for employees of the undertaking within the whole of the candidates who aspire to fill the vacancy. It may also be considered as a preferred criterion to be included in the list of centres affected by the abolition of concerted units.

2. Vacants among the administrative staff: The vacancies that occur among this staff shall be covered by the workers of the lower immediate category, with the exception of that of Head of Administration or Secretariat and Head of Negotiated. The auxiliaries with five years of service in the category will ascend to Officer, and if there is no vacancy they will continue as Auxiliary with the remuneration of Officer.

Apprentices with more than two years of service in the company will go on to take Place of Auxiliary, and if there is no vacancy they will continue as Apprentices with the retribution of Auxiliary.

3. Vacants among general services staff: Vacancies occurring among such staff will be covered by workers in the lower immediate category of the same branch, and provided they meet the capacity and fitness for the performance of the position to be covered by the company's judgment.

4. The company's non-teaching staff will have a preference to fill a teacher vacancy whenever they meet the legal requirements, as well as aptitude and capacity in the company's judgment.

5. In the case of new recruitment or production of vacancy, and provided that no fixed staff members are able to access these positions, preference will be given to temporary or part-time contract staff and those who are hired as interim.

Article 23. Voluntary cessation.

The worker who wishes to cease voluntarily in the service to the company will be obliged to put it in the knowledge of the employer in writing, complying with the following periods of notice:

1. Teacher and Personal Staff: Non-teaching staff: One month.

2. Staff Rest: Fifteen days.

In the case of access to the civil service, the notice to the employer must be made within seven days of the publication of the final lists of approved lists.

The failure of the worker to prevent the obligation to pre-warn him in advance will entitle the employer to disclaim the amount of the two-day salary for each day of delay in the notice.

If the employer receives the notice, in time and form, it will be obliged to pay the worker the settlement corresponding to the term of the employment relationship.

Failure to comply with this obligation will entail the worker's right to be compensated with the amount of the two-day salary for each day of delay in the payment of the settlement. In the case of workers included in a delegated payment, in which the educational administration is responsible for this obligation, the employer shall be exempt from the payment of the allowance provided that he has immediately moved from the end of the worker to that Administration.

TITLE III

Working Conditions

CHAPTER I

Workday

Article 24. Teaching staff schedule.

The schedule of this staff will comprise hours dedicated to teaching activity and hours dedicated to complementary activities.

The class (period of not more than sixty minutes) is understood to be a class activity during which the teacher will perform his teaching function, which consists in the oral explanation, the carrying out of tests or the written exercises and questions to the students.

It will be understood by complementary activities all those carried out within the educational enterprise are related to the teaching, such as: The preparation of classes, the free times that can be left to the Teacher between classes by time distribution, evaluation meetings, corrections, preparation of laboratory work, interviews with parents of students, libraries, etc.

During the recreations, the faculty will be available to the entrepreneur to carry out the surveillance of the students in the same.

The tutoring performed grubby will be considered within the school schedule. Personalized tutoring with students, or individualized interviews with students, is complementary activity.

Article 25. Teaching staff day

This staff will have the following day:

1. The weekly maximum weekly reading of twenty-five hours. The weekly day will be distributed from Monday to Friday. They may be used for evaluation meetings up to a maximum of five Saturdays per year. The hours spent on these Saturdays are included in the annual count.

2. The maximum annual day will be one thousand one hundred and eighty hours, of which, at most, will be read until eight hundred and eighty, with the rest being complementary.

3. The internal staff will perform forty more hours of annual working time.

4. The employer and the workers ' representatives shall determine by mutual agreement the criteria for the distribution of the hours devoted to complementary activities. In the event of disagreement, the employer shall decide in accordance with Article 9 of this Convention.

5. The teaching staff who have the category of Director, Deputy Director, Head of Studies or Head of Department will increase their annual working day in two hundred and ten hours to be dedicated to the company in the performance of the function specific. The functions of Coordinator and Tutor may be carried out within the schedule established for the type of teaching corresponding to the Teachers who held it.

Article 26. Staff working day entitled non-teaching staff.

This staff will have the following day:

1. The maximum weekly day of thirty-four hours.

2. Annual Day of a thousand four hundred hours. The internal staff shall carry out forty more hours of annual working time.

Article 27. Day of auxiliary staff and administration and service personnel.

This staff will have the following day:

1. Annual day of a thousand six hundred and fifteen hours. The internal staff shall carry out forty more hours of annual working time.

2. The weekly day of thirty-nine hours of effective work distributed according to the needs of the company, without the daily working day exceeding eight hours and four hours on Saturday. They are reserved at the disposal of the company thirty-nine hours of the annual day, which may be distributed throughout the year, even if it is supposed to exceed the previously established limitation.

3. º This staff will enjoy a free Saturday on alternate weeks.

4. When the needs of the work or the characteristics of the company do not allow to enjoy on Saturday and Sunday the weekly rest of the day and the average continuous, this staff will have the right to enjoy this rest between week.

5. In any case, between the end of the day and the beginning of the next day, at least twelve hours.

6. º During the months of July and August and in the school holidays of Christmas and Easter, this staff will make continuous day, with a maximum of six hours daily and forty-eight hours uninterrupted weekly rest, Shifts can be made so that the various services are taken care of.

What is set in the inner paragraph will be applied in all cases. except in boarding schools or the like, where the performance of the continuous day does not guarantee the adequate service, and shifts can be established so that the different services are taken care of.

7. The status of working time arrangements in this Article shall not apply to the keeper and other similar surveillance services, provided that the workers concerned reside in dependencies provided by the company.

Article 28. Overtime.

They will have the consideration of overtime, in each case, of the time established in this Convention. The initiative to propose to do overtime corresponds to the employer and the free acceptance to the worker, according to the legislation in force at every moment.

CHAPTER II

Holidays

Article 29. General scheme.

All workers affected by this Convention shall have the right to enjoy, each full year of active service, a paid vacation of one month, preferably in July or August, taking into account the characteristics of the company and the personal situations of each worker. If the time worked is lower than the year, the days corresponding to the proportion shall be entitled.

The holiday period will be set by the employer in the company's work schedule.

Given the special characteristics of the teaching sector, the computation to determine the number of vacation days to be enjoyed or to compensate economically in case of cessation, will be carried out from 1 September to 31 August and not for natural years.

Article 30. Teaching staff.

All the teaching staff affected by this Convention shall be entitled to an additional month without teaching, remuneration, enjoyed in a consecutive and joint manner during the month of holidays, and both between 1 July and 31 December. August.

However, the above may be used up to a maximum of 40 hours exclusively for a maximum period of the first eight days of the month of July or the last eight days of August.

At Christmas and Easter, this staff will be entitled to as many days without teaching activity as those set for students on the school calendar.

In the event that the company organizes summer courses, the additional month without paid teaching activity will not affect the teachers who are required to perform these courses, this staff will receive compensation which will not be less than 35 per 100 of your gross monthly salary. The hours devoted to these courses shall be considered as ordinary and shall not be considered as being included in the annual computation referred to in Article 25 of this Convention. The maximum dedication of each of these teachers to the courses mentioned will be one hundred hours. These courses will be taught in the first place by the staff of the company who voluntarily accept it. Failing that, and for those undertakings which have been providing them or who are in a position to impose them, the employer shall have at most 25 per 100 of the teaching staff with a minimum of three workers. If there are several workers with the same specialty, it will be made on a rotating basis in successive years. The second paragraph of this Article shall not apply to workers who provide such courses.

Article 31. Non-teaching staff.

Non-teaching staff will have the following holiday regime:

1. Five days of holidays during the year, two to determine by the employer and the other three to determine by common agreement between the representatives of the workers and the employer at the beginning of the school year.

The administration staff will have three more days of vacation per year, two days to determine by the employer at the beginning of the school year and one to determine by the worker.

3. All non-teaching staff will have the right to enjoy eight calendar days on holiday at Christmas and another six calendar days during the Easter holiday, in both cases in a row. In any case, the employer may establish shifts between this staff in order to maintain the services in the company.

Article 32. Proportional share.

The staff who cease in the course of the year will be entitled to the proportional portion of the vacation that is due to legal provisions, according to the time worked during the same period.

CHAPTER III

Diseases, permissions

Article 33. Temporary incapacity.

1. General Case: All workers in temporary incapacity and for the first three months will receive the necessary supplement to 100 per 100 of their total salary, including the wage increases produced in the period of absence.

2. For the case of workers included in a delegated payment, the perception of 100 per 100 of their total salary remuneration will be extended to the first seven months of the temporary incapacity.

3. In each case of the above mentioned, once the respective periods are exceeded, 100 per 100 of the total salary remuneration will be paid in proportion to one month more for each three-year period in the company.

Article 34. Paid leave.

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

1. Fifteen days in case of marriage.

2. º Three days in the case of birth or death of a child; or in case of severe illness, surgical operation or death of the spouse or relatives up to a second degree of consanguinity or affinity. When for any of these reasons the worker needs to make an offset out of the province, the permit will be five days.

3. One day per transfer from the usual address.

4. One day per wedding of a son or brother.

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

Article 35. Unpaid leave.

Any worker will be able to apply for up to fifteen days of unpaid leave, per school year. The company will have to grant this permission if the same is requested 15 days in advance and the enjoyment of such permission in the case of the teaching staff does not coincide with another worker of the same level and in the case of the non-teaching staff matches any other worker in the same branch of that group.

This permit will be enjoyed at most in two periods, even if the total time provided for in the previous paragraph is not exhausted.

Article 36. Maternity and adoption.

Workers shall be entitled to their full remuneration during the permits laid down in Law 3/1989 of 3 March.

Article 37. Breastfeeding.

Workers, who are breastfeeding for a child under the age of nine months, will be entitled to an hour of absence from work, paid, which may be divided into two fractions. This permit may not be enjoyed simultaneously by the two spouses.

CHAPTER IV

Workers ' courses and exams

Article 38. Courses.

When the company organizes training courses and the worker voluntarily performs them, the tuition, travel and residence expenses will be borne by the company.

Entrepreneurs will facilitate access to courses for hired staff who want to learn the language of the Autonomous Community where they radiating the educational enterprise.

Staff who attend further training courses, subject to the employer's permission, shall be entitled to receive their remuneration for their duration.

Article 39. Official examinations.

In order to carry out official examinations, the worker will have the corresponding license, with the right to pay, and must justify both the formalization of the tuition and the attendance of these exams.

CHAPTER V

Exceeds and retirements

Article 40. Classes.

The excess may be voluntary or forced, in the terms provided for in the following articles. In both cases the worker shall not be entitled to remuneration, except as provided for in the chapter on trade union rights.

Article 41. Forced leave.

The following will be caused by the following:

1. No. By designation or election for a public office that makes it impossible for work to be attended.

2. º By disease, after the first eighteen months of temporary incapacity, and for as long as the worker remains in this situation even if the company is no longer listed.

3. Invalidity of total permanent invalidity for the usual profession, for absolute invalidity for all work or for great invalidity, for two years from the date of the decision which declared it if in the opinion of the body The status of the worker's incapacity is likely to be the subject of an improvement which will enable him to return to the job.

4. º For the provision of military or social replacement service, during the mandatory minimum duration of each of them, as the case may be.

5. For the exercise of union functions, of a provincial or higher level, provided that the trade union centre to which the worker belongs has sufficient legal representation in the scope of this Convention.

6. In case of serious illness of the spouse or of a relative in the first degree of consanguinity. In this case the excess shall not exceed 12 months.

7. During the period of a school year for those workers who wish to dedicate themselves to their professional improvement after ten years of active exercise in the same company. Where such improvement is the result of the company's suitability for educational innovations, the period required for active financial year shall be reduced to four years.

8. Special Exceding to care for the care of each child, in the terms provided for in Article 46, number 3, of the recast text of the Workers ' Statute. When the parent and the parent work in the same working centre, only one of them will be able to enjoy this special leave.

Article 42. Reserve for the job.

The worker who enjoys forced leave has the right to reserve the job, to calculate the age acquired during the period of time and to return to the same working centre after the end of the job. period of leave.

Missing the cause of the surplus, the worker will have thirty calendar days to return to the work center and, if not, will cause a definitive reduction in the work.

Enforced leave must be automatically granted upon presentation of the appropriate supporting documentation.

Article 43. Voluntary leave.

Voluntary leave may be granted to the worker on request in writing, and may be requested by anyone who has at least one year's seniority in the company and has not enjoyed any leave of absence during the four years previous.

This surplus will begin to be enjoyed in the first month of the school year, except for mutual agreement to bring it forward.

Voluntary leave will be granted for a minimum of one year and a maximum of five years.

Article 44. Reentry into the company.

The worker who enjoys voluntary leave will only retain the right to return if there is a vacancy in the job centre in the workplace. During this time you will not be computed from antiquity.

The worker must apply for the possible re-entry at least one month in advance of the date of termination of the leave, unless agreement with the company.

Article 45. Retirements.

Compulsory retirement is established at the age of sixty-five years for all workers affected by this Convention. However, those workers who do not have the minimum legal period of contribution which guarantees them retirement may continue in the undertaking until such time or condition has been met.

Retirement may take effect at the end of the school year if there is agreement between the employer and the worker.

Employers and their employees, by mutual agreement, will be able to deal with the early retirement systems provided for in the current legislation.

The replacement contract formula is also established in accordance with the current legislation.

TITLE IV

Remuneration

CHAPTER I

General provisions

Article 46. Payment of wages.

The salaries of personnel falling within the scope of this Convention are set out in the salary tables set out in Annexes II and V, which correspond to the annual working day indicated for the different categories.

The salary will be paid for months due within the first five days of the following month and within the working day.

Article 47. Top jobs category jobs.

When personnel are entrusted, always for justified reasons, a function superior to that corresponding to their professional category, they will receive the remuneration corresponding to that in the case of the situation.

If the period of time of the said situation is longer than six months for a year or eight months for two years, the worker may choose to be classified in the new professional category which he or she performs, except for In this case, the remuneration difference between the assigned category and the function that it actually performs.

Article 48. Lower category jobs.

If for unforeseeable needs of the company, the company will need to assign a worker to tasks corresponding to a category lower than his, he will only be able to do it for the essential time, keeping the pay and the other rights corresponding to their professional status. This situation will be written in an agreement specifying, whenever possible, the temporality of the situation, referring to this article and with the knowledge of the legal representatives of the workers.

Article 49. Salary advances.

The worker is entitled to receive advances on account of his or her work without exceeding 90 per 100 of the amount of the monthly salary. For workers included in a delegated payment, the employer shall deal with the request to the administration for the same purpose.

Article 50. Non-Spanish-owned educational companies.

The remuneration of Spanish nationals providing services in non-Spanish-owned educational companies located in Spain may not be lower than those in receipt of the staff of their category of the same the nationality of the holder of the undertaking, nor less than those mentioned in this Convention.

Article 51. Trienes.

For every three years the worker will be entitled to receive the amount that is indicated in the salary tables. The full amount of each three-year period shall be effective on the payroll of the month of maturity.

Article 52. Computation of seniority.

The start date of the age count will be that of the worker's income in the company.

Article 53. Extraordinary pagas.

Workers falling within the scope of this Convention shall receive, as a periodic supplement to a maturity of more than one month, the amount of two extraordinary bonuses, each equivalent to a monthly salary, seniority and specific allowances. They shall be effective before 1 July and 23 December of each year.

The staff who cease or enter the company during the year will be paid the extraordinary bonuses, prorating their amount in proportion to the service time.

Article 54. Prorateo of pagas.

By common agreement between the employer and the workers, the proportion of the extraordinary rewards may be agreed between the twelve monthly payments.

Article 55. Proportional remuneration.

The remuneration of workers performing their work in different categories shall be set in proportion to the number of hours worked per week in each category. In the case of teaching staff the remuneration shall be set in proportion to the number of weekly hours worked at each level. In any event, the economic conditions of the worker's employment contract shall be respected.

Article 56. Remuneration of partial days.

Workers hired for the performance of a day less than the one agreed in this Convention will receive their remuneration in proportion to the number of weekly hours contracted.

Teaching staff will receive their remuneration in proportion to the number of weekly working hours contracted. This method of calculation of the salary is established without prejudice to the additional hours corresponding to your total working day.

Article 57. Night work.

The hours worked in the period between twenty-two and six hours or, where the characteristics of the undertaking so require, between twenty-three and seven hours, or other schedules to be agreed by special circumstances, they shall have the consideration of night work, and shall be increased for the purpose of remuneration by 25 per 100 on the salary. This shall not apply where the salary has been established on the basis that the work is night by its nature.

CHAPTER II

Specific add-ons

Article 58. Complement by function.

Workers who are entrusted with some of the functional categories described in Article 10 (1.9) shall, as long as they carry out their duties, receive the temporary bonuses identified for each level of the education in salary tables.

Article 59. University Orientation Course Complement.

The teaching staff who teach in the University Orientation Course will receive as a job supplement and in proportion to the hours devoted to this course, the one set for the effect on the salary tables.

Article 60. Plus de Portero.

The Goalkeeper will receive a plus corresponding to 9 per 100 of the salary the twelve months of the year, if he has in charge the lighting and care of the heating, provided it is this one of coal or other solid products.

Article 61. Plus residence.

The workers of Ceuta, Melilla, the Balearic Islands and the Canary Islands shall be charged as a plus of residence or insularity, as the case may be, for the supplements referred to in Annex III.

Workers who, at the entry into force of this Convention, are entitled to receive amounts higher than those set out in Annex III, shall continue to receive such amounts as "ad personam" may be reduced or absorbed.

Article 62. Complement by military service.

The worker affected by this Convention shall be entitled to the perception of extraordinary pay when joining the military service or replacement social benefit provided that it is incorporated in the replacement that corresponds to or after the relevant extensions.

Article 63. Plus transport or distance.

Those companies that have paid some amount for transport or distance will continue to do so, without being susceptible to absorption during the duration of this Convention.

TITLE V

Care regimen

CHAPTER I

Safety and hygiene and occupational diseases

Article 64. Safety and hygiene.

The companies and staff affected by this Convention will comply with the provisions on safety and hygiene at work, contained in the Workers ' Statute and the Law on the Prevention of Occupational Risks, Law 31/1995, of 8 November.

Article 65. Occupational diseases.

The Joint Commission will study within the framework of the Regulations for the Development of the Law on the Prevention of Occupational Risks, the creation of a specialized service for occupational diseases, such as:

a) Chronic neurological diseases.

b) Otorhinolaryngological Pathologies.

c) Chronic infectious-infectious diseases.

d) Chronic allergies, etc.

To this effect, and if this is the case, the Joint Commission will be directed to the competent bodies urging them to create such a service.

CHAPTER II

Social enhancements

Article 66. Workwear.

The companies will provide service personnel and technical staff with workshops or laboratories once a year.

The teaching staff, at their own request or as a custom already established, will receive a gown a year with an obligation to use it during the teaching activities. The faculty of Physical Education, or who exercises as such, will receive a chamal and athletic shoes once a year.

Article 67. Retirement Award.

A retirement award will be maintained for workers who, at least, have 15 years of retirement in the company. They shall receive the amount corresponding to an extraordinary monthly payment for each five-year period.

Article 68. Aid to the study.

The educational undertakings within the scope of this Convention shall maintain, for the staff concerned by it and for their children, a scheme of aid to the study consisting of the preference of place in place the school and the free teaching, as detailed in the following two articles.

Article 69. Place preference in school places.

The preference for a place in school is considered in relation to the company of the worker, provided that the worker has a dedication at least equal to half of the annual working day, for any educational level of the (a) imparties and if they are permitted by the company's own characteristics.

They are beneficiaries of this help:

(a) The workers affected by this Convention.

b) The children of the same.

c) The orphaned children of those workers who were older than two years old.

(d) The children of workers in a situation of forced leave except the case referred to in Article 41.1

Article 70. Free education.

A gratuity regime is established according to the following criteria:

1. Total gratuitousness refers to the regulated education and complementary activities organized directly by the company, for each and every one of the educational levels mentioned in Article 2, and affects all the educational undertakings governed by this Convention.

2. The workers in any case must have a dedication at least equal to half of the annual working day.

3. Are beneficiaries of this help:

(a) The workers affected by this Convention with respect to their own work centre.

b) The children of the same regardless of the educational center where they perform their studies.

c) The orphaned children of those workers who were older than two years old.

(d) The children of workers in a situation of forced leave except the case referred to in Article 41.1

4. The total fund of free places of gratuitousness for each level of the indicated, will be:

a) Preschool, Child Education, 1. Compulsory secondary education cycle (unarranged), 2. compulsory secondary education cycle, Unified vocational baccalaureate, course of university orientation, vocational training I, vocational training II, baccalaureate, training Middle-grade specific professional, Higher-grade specific Professional Training, Adult Permanent Education: 2 per 100.

b) Primary Education, Basic General Education, 1 cycle of compulsory secondary education (with concert): 3 per 100.

In the workplace itself, the children of workers will be entitled to free education even if the percentages indicated above are exceeded.

5. The workers will be required to apply for the study aid offered by the Public Administrations if they meet the conditions set out in the respective calls. If they are granted, the amounts received will be reintegrated into the relevant educational enterprise. The revenue thus obtained will enable a higher number of beneficiaries to be taken into account than the previous paragraph.

6. The application of this article will be in accordance with the provisions of Annex V to this Convention.

Article 71. Maintenance and accommodation.

The personnel affected by this Convention will have the following rights:

1. With the independence of the working day, the teaching staff who are entrusted and voluntarily accept the supervision of the students during the food or recreation motivated by it, will be entitled to maintenance in the days dedicated to this activity.

2. The staff not affected by the previous paragraph will be entitled to use the dining room services by paying 50 per 100 of the set for the students. It is appropriate for the employer to establish that the staff does not exceed 10 per 100 of the number of pupils who use it.

3. In addition, the staff may, possibly and unless there is a justified case against, use the accommodation service by paying no more than 50 per 100 of what is established for the students.

4. In the workplace where there is a dining room or boarding school, the staff who attend the dining and kitchen services will have the right to maintain the days spent in their work and match the schedule of meals with their own. day.

5. The internal staff will be entitled to maintenance and accommodation. For this staff, except by mutual agreement against, the day shall be of a starting character and therefore at least one hour of rest shall be available for the meal.

Article 72. Insurance against civil liability and accidents.

All companies affected by this Convention must have two insurance policies that guarantee the coverage of civil liability and individual accidents of all personnel affected by this Convention.

Companies shall notify the employees ' representatives of the details of the employees and the procedures to be followed in case of claims.

All staff (teachers and non-teachers) of the company who are discharged into the General Social Security Regime must be insured through accreditation for the TC-2 bulletins. As well as nominally all workers in a situation of forced leave, except for the case referred to in Article 41.1., even if they do not appear in the TC-2 of the company.

Article 73. Guarantees and hedges.

In extract, the guarantees and coverage of the policies reviewed will be as follows:

1. º Civil Liability: In which the insured may incur for their exclusively professional actions, with the inclusion of bail and criminal defense and exclusion of:

(a) Risks that may be insured by the automobile industry.

b) Any immaterial damage that is not a direct consequence of the material and/or bodily damages guaranteed by this policy.

c) Risks excluded by legal imperative.

d) Risks excluded by insurance companies.

Maximum capacity for disaster 5,000,000 pesetas.

2. Individual Accidents: Medical-surgical-pharmaceutical assistance will be covered in the event of an accident suffered by the insured both in the exercise of the profession and in the private life, in any part of the world and without further exclusions that those legally provided for and those commonly referred to by insurance companies.

Capital insured in case of death: 3,000,000 pesetas.

Capital insured in case of permanent invalidity: 5,000,000 pesetas. There are percentages on this last figure for the absolute losses or inearnings of members.

There is no daily allowance for loss of work hours. The rights of this insurance are compatible with any other.

CHAPTER III

Trade union rights

Article 74. Absences.

Members of the Business Committee, Staff Delegates and Trade Union Delegates, upon notice and justification, may be absent from work, entitled to remuneration, to perform trade union or representation functions. of the staff in the legally established terms and in this Convention.

Article 75. Non-discrimination.

No worker can be discriminated against because of their union membership, being able to freely express their opinions, as well as publish and distribute, without disturbing the normal development of the work, the publications of job or social interest by communicating it to the employer.

Article 76. Representation of the Staff Delegates.

The Staff Delegates will exercise the representation for which they were elected and will have the same powers established for the Enterprise Committees.

Article 77. Representation of the Enterprise Committee.

The Business Committee is the representative and collegiate body of all workers in the company or work centre for the defence of their interests, constituting each working centre whose census is fifty or more. workers.

Article 78. Rights and guarantees.

The members of the Business Committee, the Staff Delegates and the trade union delegates shall have all the powers, rights and guarantees laid down in the Staff Regulations, the Organic Law on Freedom of Association and other applicable legal provisions.

Article 79. Accumulation of hours.

In order to facilitate trade union activity in the company, province, Autonomous Community or State, the trade unions with the right to be part of the Negotiating Table of the Convention will be able to accumulate the hours of the various members of the the Committees of Enterprise and, as the case may be, the Delegates of Personnel belonging to their organizations, in those workers, Delegates or members of the Enterprise Committee that are appointed by the trade unions.

To make this article effective, the unions will inform the corresponding employers ' organization of the desire to accumulate the hours of their delegates.

The organizations legitimized for the negotiation of this Convention will be able to agree with the competent administrations the release of the workers included in the delegated payment.

The corresponding administrations will pay the salaries of those released under the current legislation.

The trade unions have an obligation to communicate in writing to the employer, in advance of the release, the name of the designated worker, upon express acceptance of the same.

Article 80. Right of assembly.

The right that workers have to meet in their workplace will be guaranteed, provided that the normal development of the workers ' activities is not disturbed and, in any case, according to the legislation in force. The meetings shall be communicated to the employer or legal representative of the undertaking in good time, with an indication of the cases on the agenda and the persons not belonging to the establishment plan which are to to attend the Assembly.

In order to guarantee this right to non-teaching staff, the employer or legal representative of the company may regulate the work of the day in order to make it possible for this staff to attend these Assemblies.

Article 81. Union quota.

At the request of the workers affiliated to the headquarters or unions, the employers will be able to discount on the payroll of the same the amount of the union fee that will be entered into the account that the corresponding union determines.

Article 82. Absence by negotiation of Convention.

The trade union delegates, or national trade union central offices established within the scope of this Convention at national level, who remain as active workers in any company affected by it and have been appointed as members of the Negotiating Commission (and provided that the company is from the sector affected by the negotiation or arbitration), prior notice and justification, may be absent from the work, entitled to remuneration, to participate in negotiations for future conventions or at the meetings of the Joint Commission for Interpretation, Mediation and Arbitration.

TITLE VI

Faults, Sanctions, Violations

CHAPTER I

Faults

Article 83. Types.

For the staff affected by this Convention there are three types of faults: mild, severe and very serious.

1. ° Are mild faults:

a) Three unjustified punctuality in the job for thirty days.

b) An unjustified lack of assistance for a period of 30 days.

c) To terminate the class before the time of its termination, without justified cause, up to two times in thirty days.

(d) Do not take appropriate leave in due time when the work is lacking for justified reasons, unless it is evident that it is impossible to do so.

e) The negligence in the delivery of qualifications on the agreed dates, in the attendance check and in the students ' discipline.

2. No. Serious faults:

(a) More than three and less than ten unjustified errors of punctuality committed within thirty days.

(b) More than one and less than four unjustified non-attendance at work within thirty days.

c) Failure to comply with the educational obligations under the existing legislation.

d) Public discussions with colleagues in the workplace who belittle the image of their educator to students.

e) Seriously missing the person of the pupil or his or her family members.

f) The recidivism in a slight lack within sixty days.

3. These are very serious faults:

(a) More than nine unjustified errors of punctuality committed within thirty days.

(b) More than three unjustified non-attendance at work committed within thirty days.

c) The unjustified and repeated abandonment of the teaching function.

d) Serious faults of respect and ill-treatment, of word or deed, to any member of the educational community in the workplace.

e) The serious failure to comply with the educational obligations under the current legislation.

f) The recidivism in serious misconduct if committed within six months of the first infringement.

Article 84. Prescription.

Violations committed by workers will be prescribed:

1. ° The minor faults within ten days.

2. º The serious faults at fifteen days.

3. No. Very serious faults at fifty days.

The prescription runs from the date on which the employer became aware of the commission of the fault, and in any case, the six months of the commission are met.

CHAPTER II

Sanctions

Article 85. Classes.

The penalties will be:

1. ° For minor faults: Verbal assembly; if repeated, admonition in writing.

2. No. For serious misconduct: A written statement; if there is a recidivism, suspension of employment and salary of five to fifteen days, with a finding in the personal file.

3. No. For very serious misconduct: Suspension of employment and salary of sixteen to thirty days; warning of dismissal that may be accompanied by suspension of employment and salary; dismissal.

All penalties will be communicated in writing to the worker indicating the date and fact that motivated it. Copies of the same shall be sent to the members of the Enterprise Committee, or the Staff Delegates or the Trade Union Delegates.

The employer will be able to reduce the penalties for minor, serious and very serious faults, in accordance with the legislation in force, taking into account the circumstances that are present in the event and the subsequent conduct of the worker.

Article 86. Infringements by employers.

Omissions or actions committed by employers that are contrary to the provisions of this Convention and other legal provisions will be considered as an infraction.

The contract staff, through the Business Committee, Staff Delegates or Trade Union Delegates, will try in the first instance to correct the alleged infringement by appealing to the employer.

If, within ten days of notification to the employer, no solution has been received, or is not satisfactory to the claimant, he may initiate proceedings before the Joint Commission for Interpretation, Mediation and Arbitration, which shall, within the maximum period of 20 days, receive the opinion.

Any of the parties may appeal to the opinion of the Labour Inspectorate or Provincial Directorate of the Ministry of Labour, or the corresponding regional body.

In any case, it will be in accordance with the legal provisions in force. Additional provision first.

This Convention shall be extended by tacit renewal, as from 1 January 1997, if it does not make express denunciation of the Convention by any of the parties entitled to it at the end of its term of two months.

Denounced the Convention, the parties undertake to enter into talks within a period of not more than one month before the date of expiry of the Convention or its extension.

Additional provision second.

At the agreed levels, the competent educational administration is responsible for how many legal obligations correspond to it. Consequently, workers who consider their rights to be injured should be required to complain to the relevant authorities both against the employer and against the relevant educational administration.

Additional provision third.

This Convention is open to accession, in the terms of the law, of any organization with sufficient legal representation in the fields defined therein.

Additional provision fourth.

For the purposes of this Convention, the period of time from 1 September of one year to 31 August of the following year shall be understood as a school year.

Additional provision fifth.

The salaries of the teaching staff included in the paid payroll paid directly by the competent educational administrations shall be paid in addition to the following amounts:

From 1 January to 30 September 1996, from 1,849 pesetas each month, as well as in the extraordinary gratification of June.

From 1 October to 31 December, 4.492 pesetas each month, as well as the extraordinary Christmas gratification.

In the Autonomous Communities with full powers in the field of education, this supplement may be replaced by the one which the employers ' and trade unions and the educational administration of each Community may agree on. Autonomous. In order for this agreement to be effective it must be taken by the employers ' and trade union organizations by a majority of their respective representativeness.

Such agreements shall be sent to the Joint Committee of the Convention for the purpose of depositing it with the competent body.

The payment of this supplement is conditional on your credit being made by the competent educational administration. Companies will not directly pay any amount for this concept and will not be obliged to do so.

Additional provision sixth.

Education companies where the level of preschool and/or second cycle of child education, integrated, and which do not receive funding from public funds for this level, will not be required to pay the planned salary. for the teaching staff in the present salary tables, during the months of January to August 1996, both inclusive, if they do not exceed an average of twenty students per classroom at January 1, 1996. The remuneration to be paid during that period, which will include the extraordinary bonus of June, will be those laid down in the 1995 tables.

This decision will necessarily inform the employees ' representatives in the company, if they exist. In any event, the companies will send to the Joint Commission (Calle Diego de León, 22, 3. º left, 28006 Madrid), communication that the above clause has been applied together with the notification to the workers ' representatives, if the there is, and the list of students enrolled per unit.

Additional provision seventh.

Education companies that provide educational levels of Pre-School and/or second cycle of Child Education and/or Special Education will be affected by this Convention only if these levels are integrated with other educational levels than those listed in Article 2 of this Convention.

Additional disposition octave.

The salaries of the auxiliary, administration and service personnel will be increased in the proportion agreed by the Joint Commission if the General State Budget Law is enacted for 1996. This review will proceed if, at the time of the enactment of the Law, the increase in the departure of other expenses is higher than the increase in the base salary of this staff, considering that the increase from 1995 is 2.22 percent. from 1 January to 31 August 1996, and from 3 per 100 from 1 September 1996 to 31 December 1996.

Additional provision ninth.

The difference between the increase agreed in seniority of the teaching staff of the agreed levels and the amount allocated by the educational administrations for this concept is a contribution of the workers for the creation and maintenance of employment in the sector.

The Joint Commission will quantify with the competent educational administrations the corresponding amount for their subsequent distribution, prioritizing their application in the workers affected by the total or partial non-renewal. of the educational concerts.

First transient disposition.

The educational companies that were affected by the first transitional provision of the First Collective Agreement of Private Teaching Companies, which are fully or partially held, with public funds, may be governed by this Convention.

Second transient disposition.

To workers who were affected by the transitional provision second of the I Collective Agreement, the wage increases for the year 1996 shall apply to them for the duration of this Convention. stipulated in that provision.

Final disposition first.

The terms of this Convention form an indivisible whole.

The economic improvements agreed upon may be absorbed by those that can be established by law in this year and by which, on a voluntary basis, the companies will be paid to the entry into force of this Convention.

The total remuneration for the entry into force of this Convention by receiving the staff affected by it, shall in no case be reduced by the application of the rules laid down therein.

In any case, those situations that the workers, individually or collectively, would be enjoying, and which as a whole are more beneficial than those established in this Convention, will be respected.

Final disposition second.

The undersigned organizations in the spirit of contributing to the normalization of the collective bargaining of the various sectors that make up private education will make it possible through subsequent negotiations and through the agreement of the (a) the law of the Member States of the European Parliament, the Council of the European Communities, the European Parliament, the Council, the European Parliament and the Council of the European Communities.

ANNEX I

Professional category and equivalency definitions

A) DEFINITIONS

Group 1: Teaching staff

1.1.1, 1.2.1, 1.3.1, 1.4.1, 1.5.1, 1.6.1, 1.7.1. Professor or Professor. -It is the fact that, by bringing together the academic conditions and qualifications required by the current regulations, it exercises its educational activity (including mentoring and orientation of the students) for the proper development of the curriculum, within the organizational, pedagogical and didactic framework established by the educational company, with respect to its own character and in accordance with the legislation in force.

1.3.2, 1.4.2, 1.5.2, 1.7.2. Assistant or assistant professor or assistant. -It is who, with the corresponding academic qualification, teaches the theoretical-practical classes in the Middle or Secondary Education or Vocational Training. He also collaborates with the Professor in the development of the curriculum under his guidelines.

1.8.1 Educational Orientator. -It is the Teacher who, with the required degree, coordinates the Experimental Program of Psychopedagogical Intervention and Educational Guidance in the centers of Basic General Education or Primary Education, selected by the educational authorities and provided with the corresponding complementary funding.

1.8.2 Professor of extracurricular educational activities. -It is who, in possession of the required degree, develops educational or educational activities that are not evaluable for academic purposes, with one or more groups of students.

1.8.3 Instructor or Monitor. -It is who, with sufficient knowledge, develops educational or educational activities that are not evaluable for academic purposes, with one or more groups of students.

You may also be the Assistant to the Professor of Physical Education or Professor of extracurricular educational activities.

1.8.4 Educator. -It is who, with the right preparation, collaborates in the integral formation of the students and takes care of the order in the times of personal work.

1.9.1 Director. -It is the person who, in possession of the appropriate degree, is appointed by the employer or chosen in accordance with the legislation in force, directs, guides and supervises the educational activities. It also performs those other functions entrusted to it.

1.9.2 Subdirector. -It is the person who, in possession of the appropriate degree, is appointed by the employer, assists the Director and replaces him, if necessary.

1.9.3 Head of Studies. -It is the person who, in possession of the appropriate degree, is appointed by the employer, responds to the development of the pedagogical picture of the educational company and those other functions entrusted to him.

1.9.4 Head of Department. -He is the Professor appointed by the entrepreneur who directs and coordinates the research, programming and teaching of the disciplines that correspond to his Department.

Group 2: Non-teaching staff

2.1 Personal titled non-teaching.

2.1.1 Titled superior. -It is the one that, with minimum degree of Bachelor, Engineer or Architect, exercises a specialized or advisory function, either directly on the students or generically in the company, having been hired in the light of the title achieved, with full responsibility for the functions of his profession. This category includes the Mandatory Secondary Education Orientator, the Chaplain and the Spiritual Director.

2.1.2 Medium. -It is the one with minimum degree of university diploma, technical engineer, technical architect or equivalent, has a specialized or advisory role, be it directly on the students or generically in the company, being hired by the same in consideration of the title reached, exercising with full responsibility the functions proper of his profession.

2.2 Administrative staff:

2.2.1 Head of Administration or Secretariat. -This is the responsibility of the administrative management and/or the Secretariat of the educational company.

2.2.2 Chief Negotiator. -It is who, at the orders of the Head of Administration and/or Secretariat, or directly from the employer or person appointed by him, is in charge of running a Section or Administrative Department.

2.2.3 Official. Accounting. -It is the one who exercises bureaucratic or accounting functions that demand initiative and responsibility.

2.2.4 Receptionist. Telephone: It is who during his working day attends the telephone, also taking care of bureaucratic matters and receiving visits or letters, packages and merchandise, in collaboration with the Conserje and the Portero, if any.

2.2.5 Auxiliary. -Understands this category to the employee who performs administrative, bureaucratic or library functions, under the direction of his immediate superior, which may be directly the employer or a representative of his.

2.2.6 Apprentice. -It is the worker who has signed a learning contract, who performs the duties assigned to him within the area of Administration or Secretariat.

2.3 Auxiliary staff.

2.3.1 Caregiver for students with disabilities. -It is who helps students with disabilities to meet their own needs: hygiene, grooming, mobility, food, etc.

2.4 General services personnel.

2.4. To goalkeeping and surveillance personnel.

2.4. A. 1 Conserje. -It is the one who attends the needs of the center of work, in terms of the conservation of its various dependencies. It also helps the Receptionist, if any, or directly if that charge did not exist, at the reception of visits. He is responsible for organizing the work of the Celadors, Porters and Ordinances, if any. It caters to the pupils so that they do not deteriorate the facilities.

2.4. A. 2. -Atends to the surveillance of the doors of the business premises, taking care of its punctual opening and closing and avoiding the access to the same to the unauthorized persons; it has to take charge of the notices and deliveries of packages, letters, goods, errands, orders, etc., in collaboration with the Conserje and the Receptionist, if any; lights and turns off the lights on the common elements; takes care of the normal operation of counters, heating, and other equipment equivalent; it cleans and preserves the area entrusted to it. In collaboration with the faculty, he has the order and composure of the students, for the best treatment and conservation of the facilities, during his stay in the educational center, outside the classes.

2.4. A. 3 Saves. Serene. -It is by day or night that he is responsible for the supervision of the premises of the company, helping or supplying, if necessary, to the Portero in the function of opening or closing doors and in the function of preventing access to unauthorized persons. It will have as a function to keep the order and composure to the residents during the night.

2.4. A. 4, 2.4.B. 4, 2.4.C. 5, 2.4.D. 4 Unqualified staff. -It is the worker over the age of eighteen who performs the duties entrusted to him within the areas of goal and surveillance or of the cleaning or kitchen and dining area or the maintenance and general trades.

2.4. A. 5, 2.4.B. 5, 2.4.C. 6, 2.4.D. 5 Apprentice. -It is the worker who has signed a learning contract, who performs the functions entrusted to him within the areas of goal and supervision or of the cleaning or kitchen and dining area or the maintenance and general trades.

2.4. B Cleaning staff.

2.4. B. 1 Ruler. -Who is responsible for the coordination of the cleaning staff, distributing the service for the best care of the company's premises, taking responsibility for the keys of lingerie cabinets, utensils and products cleaning and other diverse household material.

2.4. B. 2 Employee of the Cleaning Service. -It is the person who attends the function of cleaning the premises to the entrusted person, under the direction of the Ruler or directly from the businessman or person designated by him. You will be able to combine your functions with those of sewing, washing, ironing, kitchen and dining.

2.4. B. 3 Employee of Costura, Lavado and Plancha. -It is who attends to some or all of these functions. You may be able to use the cleaning, kitchen and dining facilities for your duties.

2.4. C Kitchen and dining staff.

2.4. C. 1 Head of Kitchen. -He is the one who directs all the staff of the same, takes responsibility for the acquisition, care and conditioning of the food and takes care of his service in due conditions, ensuring compliance with the regulations on school canteens and food handling.

2.4. C. 2 Cook. -He is in charge of the preparation of the food, taking responsibility for his good state and presentation, as well as for the pulchiness of the local and kitchen utensils. In the case of no Head of Kitchen will ensure compliance with the regulations on food handling.

2.4. C. 3 Kitchen assistant. -It is who, at the orders of the Head of Kitchen or Chef, or directly from the entrepreneur or person appointed by himself, assists him in his duties. You can use the cleaning service, sewing, washing, ironing and dining facilities.

2.4. C. 4 Employee of the Dining Service. -It is the service of the dining room, the orders of the Head of Kitchen or Chef or directly of the businessman or person appointed by him. You will be able to combine your functions with those of sewing, washing, ironing, cooking and cleaning.

2.4. D Maintenance staff and general services.

2.4. D. I Official of the First of Trades. -It is the one who has the practice in the corresponding trades, he exercises them with great perfection, carrying out general works and, even, those who assume special commitment or finesse.

2.4. D. 2 Second Officer of Trades. -It is who, without reaching the required specialization for the perfect works, executes the corresponding to a certain trade with sufficient correction and effectiveness.

2.4. D. 3 Maintenance, Gardening, and Crafts Employee. -It is who, having sufficient practice, is dedicated to the care, repair and integral conservation of the buildings and gardens.

2.4. E Drivers.

2.4. E. 1 Special driver. -It is the worker who is provided with the first special driving licence, which is entrusted with the driving of vehicles and the maintenance of its normal operation and cleanliness.

2.4. E. 2 Driver of the second. -It is the worker provided with the second driving licence, which is entrusted with the driving of vehicles for which he is authorized and the maintenance of his normal operation and cleanliness. It will also be able to take steps in various places outside the company.

B) EQUIVALENCES WITH PREVIOUSLY DEFINED CATEGORIES IN OTHER CONVENTIONS

1.1.1 Professor.-Former Professor and Assistant Professor of General Basic/Primary Education and Integrated Pre-School/Child Education 2nd cycle will be included in this category.

1.3.1 Full Professor. -Will include the former Full Professor or Head of Workshop/Laboratory, Multi-purpose Unified Baccalaureate/University Orientation Course.

1.3.2 Assistant Professor, Attaché, Auxiliary. -Will include the former Assistant Professor, Assistant or Assistant Professor of the Unified Multipurpose Baccalaureate/University Orientation Course.

1.4.1 Full Professor. -Will include the former Full Professor, Head of Workshop/Laboratory of Professional Training I.

1.4.2 Added Professor, attached. -Will include the former Assistant, Assistant, Auxiliary or Assistant Professor of Vocational Training I.

1.5.1 Full Professor-The former Head Teacher, Workshop Head, Workshop Master or Professional Training Laboratory II will be included.

1.5.2 Added Professor, attached. The former Professor Attaché, Deputy, Auxiliary or Assistant for the Training of Vocational Training II, will be included.

1.6.1 Professor.-The former Special Professor of Special Education will be included.

1.7.1 Professor. -Will include the former Master Professors and Head of Workshop/Laboratory of other specialized teachings, who will deliver class in the level of Adult Education.

1.7.2 Assistant Professor, Attaché-The former Assistant Professor, Auxiliary, Master of Workshop or Laboratory of other specialized teachings will be included, who will deliver class in the level of Adult Permanent Education.

1.8.1 Educational Orientator. -They will include the former Educational Orientator Teachers.

1.8.2 Professor of extracurricular educational activities. -Will include the former Assistant Professor of Non-regulated Teaching in Basic/Primary Education; Assistant Professor, Auxiliary or Assistant Professor of Non-regulated Education (a) a vocational training course, a vocational training course, a vocational training course, a vocational training course, a vocational training course, a vocational training course, a vocational training course, a vocational training course, a vocational training course, a vocational training course, specialised teaching, and also to the Instructor entitled to pre-school/education Children, Basic/Primary General Education, Multi-purpose Unified Baccalaureate/Unified Guidance Course, Vocational Training I, Vocational Training II, and other specialised teaching.

1.8.3 Instructor or Monitor. -Will include the former Instructor of Pre-School/Child Education; Basic General/Primary Education; Multi-purpose Unified Baccalaureate/University Orientation Course; Vocational Training I; Vocational Training II and other specialised training courses.

1. B. 3 Educator.-The former guardian or educator of Pre-School/Infantil of Basic General Education; Multi-purpose High School/Course of University Orientation; Vocational Training I; Vocational Training II; and Other Specialised teaching.

2.2.1 Head of Administration or Secretariat. -Former Head of Administration, Secretariat and Administrator will be included.

2.2.2 Chief Negotiator.-The former Heads of Negotiation and Intend will be included.

2.2.6 Apprentice. -Will include the old aspirant.

2.3.1 Caregiver of students with disabilities. -Will include the former celerator of students with disabilities.

2.4. A. 2 Portero.-The former celerator and ordinance will be included.

2.4. B. 5 Apprentice.-The old buttons will be included.

2.4. C. 6 Apprentice. -This will include the old Pinche.

The category of unthinking will be to extinguish. Workers who currently have such a category will retain the salary of Head of Kitchen.

In the event of a discrepancy between the parties on the previous equivalences, the same Joint Commission will be resolved.

(ANNEXES II TO V OMITTED)