Machine Translation of "Resolution Of 21 February 1996, Of The General Directorate Of Labour, By Which Registration Is Available In The Register..." (Spain)

Resolution Of 21 February 1996, Of The General Directorate Of Labour, By Which Registration Is Available In The Register And Publication Of The Collective Agreement Of The Group Leather, Embossed Leather And Similar In Madrid And Zona Centro.

Original Language Title: Resolución de 21 de febrero de 1996, de la Dirección General de Trabajo, por la que se dispone la inscripción en el Registro y publicación del Convenio Colectivo del Grupo Marroquinería, Cueros Repujados y Similares de Madrid y Zona Centro.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Unlimited Searches
Weekly Updates on New Laws
Access to 5,345,848 Global Laws from 110 Countries
View the Original Law Side-by-Side with the Translation

Subscribe Now for only USD$40 per month.

TEXT

Having regard to the text of the Collective Agreement of the Marroquineria Group, the Repuged and Similar Cueros of Madrid and the Centro Zona Centro " (Convention code number 9903385), which was signed dated May 9, 1995, by the Association Company of Marroquinry Manufacturers, Articles of Travel and Industry Conexas (ASEMAVI), representing companies in the sector and another by the unions UGT and CC.OO. in representation of the labor collective affected and in accordance with Article 90 (2) and (3) of the Royal Decree-Law 1/1995, of 24 June 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 Work General Address agrees:

First. -Order the registration of the said 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, February 21, 1996. -Director General, Soledad Cordova Garrido.

COLLECTIVE LABOUR AGREEMENT OF THE GROUP OF MOROCCAN, REPUTABLE AND SIMILAR LEATHER WORKERS IN MADRID,

CASTILLA-LA MANCHA, LA RIOJA, CANTABRIA, BURGOS, SORIA,

SEGOVIA, AVILA, VALLADOLID AND PALENCIA

CHAPTER I

General provisions

SECTION 1. OBJECT, CHARACTER AND LEGISLATION

Article 1. Object.

This Collective Agreement aims to regulate working conditions and productivity in the companies of reputable hides, marroquineria, stanchery, belts, leagues and braces, watch straps, The invention also relates to a method for producing the same, for example, to a method for producing the same, to a method for producing the same. productivity, complementing and improving at the extremes that the conditions laid down in the Staff Regulations and any other similar provisions in force at present applicable to the industries which are mentioned.

Article 2. Character.

The working conditions laid down in it are of a minimum and, in their virtue, are void and shall not have any effect between the parties, the covenants or clauses which, individually or collectively, imply less favourable for workers.

Article 3. Supplementary legislation.

As not provided for in this Convention, the provisions of the general legislation, the Labour Ordinance for the Industries of the Skin, adopted by Order of 22 April 1977, and other implementing provisions to the present Convention, shall be subject to the provisions of this Convention. activity.

SECTION 2 TERRITORIAL, FUNCTIONAL AND PERSONAL SCOPE

Article 4. Territorial scope.

The scope of this collective agreement includes the Autonomous Communities of Madrid, Castilla-La Mancha, La Rioja, Cantabria and the provinces of Burgos, Soria, Segovia, Avila, Valladolid and Palencia.

This field of application may be extended upon request by mutual agreement between undertakings and representatives of the workers of these most representative trade unions and employers ' organisations. another territorial area, by means of a request to the Joint Joint Committee, governed by Articles 15 and 16 of this Collective Agreement.

Article 5. Functional scope.

The article of this Convention obliges all companies engaged in activities related to Article 1, with the exception of those companies that have their own Convention or are covered by other collective agreements in force.

Article 6. Total obligation.

The companies concerned will be in full, except as indicated in the following article of this Collective Agreement on the personal field.

Article 7. Personal scope.

This includes the Convention for all employees of the companies included in the functional field, as well as the staff members who are part of the respective staff, with the exceptions mentioned in the Articles 1 and 2 of the Staff Regulations.

SECTION 3 DURATION, DURATION, EXTENSION, AND REVIEW

Article 8. Duration and duration.

This Convention shall enter into force on the day of its publication in the "Official Gazette of the State", except as regards economic conditions, which shall be valid from 1 March 1995, and its duration shall be a year, until 29 February 1996.

Article 9. Salary tables and salary revision.

1. The salary tables attached to this Convention have been calculated with an increase of 3.75 per 100 on wages in force on 28 February 1995.

2. In view of the increase in the CPI over the 12 months of the calendar year of 1995, and in the event that such increase exceeds 3.75 per 100, a review equivalent to the existing difference shall be made with the maximum ceiling In the case of a half-point, it will be applied on the basis of the salary tables which were used as the basis for calculating the 1995 wages, with effect from 1 March 1995.

Article 10. Denunciation.

They will be competent to denounce the Convention by any of the parties that subscribe to it.

The complaint must be submitted at least three months in advance of the termination of the Convention, in writing to the other party, sending the copy to the competent labour authority.

SECTION 4. OFFSET, ABSORBABILITY AND WARRANTY "AD PERSON"

Article 11. Nature of the agreed conditions.

The agreed conditions form an indivisible organic whole and, for the purposes of their practical application, will be considered globally.

Article 12. Compensation.

The agreed conditions compensate in their entirety to those previously governed by legal imperative, jurisprudential, administrative litigation, covenant of any kind, individual contract, local customs and customs or by any other cause.

Article 13. Absorbability.

In view of the nature of the Convention, future legal provisions involving economic variation in all or some of the existing remuneration concepts or the creation of new ones will only be effective. If, overall and in addition to those in force before the Convention, they exceed the level of the Convention. Otherwise they will be considered to be absorbed by the improvements agreed in this Convention.

Article 14. "ad personam" warranty.

Personal situations that generally exceed the pact in their content will be respected, strictly maintained "ad personam".

SECTION 5. PARITARIA COMMISSION

Article 15.

1. A Joint Committee of the Convention is hereby established as a body for the interpretation, arbitration, conciliation and monitoring of its compliance.

2. The Joint Committee shall consist of two members of each trade union centre which subscribes to this Collective Agreement (Workers 'Commissions and General Workers' Union) and four members of the business association. Both representations may also designate the appropriate advisers, who will act with a voice but without a vote.

3. The Joint Committee shall be understood to be, when convened in the form of its members, at least one representative of each trade union centre and two representatives of the business association.

4. The Joint Committee shall appoint a President and a Registrar from among its members, who shall draw up the minutes of each meeting.

5. The Joint Committee shall meet when convened, in the form, by any of the parties to the present Collective Agreement within the maximum period of 10 days.

6. The requests for action by the Joint Committee shall express in detail and in writing the reason for the request.

Article 16. Jurisdiction of jurisdictions.

The functions and activities of the Joint Committee will in no way obstruct the free exercise of administrative and legal jurisdictions.

CHAPTER II

SECTION 1. DAY

Article 17. Day.

The working day will be in the annual count of a thousand seven hundred and ninety-six hours of effective work. The most beneficial conditions will be respected and will be agreed within each company, by the employer and the legal representation of the workers, the schedules within the limits indicated.

In the cases of technicians, managers, intermediate managers and operators whose action sets in motion or closes the work of others, the daily working time may be extended for the time strictly specified, without prejudice to the payment of the time with extraordinary character.

Within each company, the Management of this pact with the representation of the workers, the irregular distribution of the working day throughout the year and the work in certain cases up to a maximum of ten hours may be the daily, respecting the rest between days.

SECTION 2. ORGANIZATION OF THE JOB

Article 18.

This particular shall be in accordance with Articles 7 to 21 of the Labour Ordinance of the Piel Industries, without prejudice to the powers conferred on the Commission in this Convention and the provisions of this Convention. Additional clause of this Collective Agreement.

Article 19.

Normal activity may be required by the company to the entire staff.

Article 20.

It is expressly prohibited for workers falling within the scope of this Convention to carry out work or work for their own or other account, complementary to those contained in their contract, if such activities, for belonging to any of those included in the National Labour Regulations for the industries of the reed body, leather goods and stuchery, belts, leagues and braces, watch straps, travel articles and botheria, Manufacture of handbags, cordobans, complementary objects, albardonery and whips, suiting acts of concurrency or collaboration with those who do so.

Article 21. Obligations of the company.

Are Company Obligations:

1. To limit up to a maximum of ten weeks the experimentation of new tariffs or new organizational systems.

2. To obtain, after the end of the probationary period, the reasoned agreement or disagreement of the employees, which shall be expressed through the Enterprise Committee, and if it is not constituted, by a Commission composed of the following members:

a) He or the Staff Delegates.

b) Two skilled workers, one with more than ten years of age in the enterprise, the oldest if none has been ten years old, and the other one who will be less than ten years old, chosen by the workers.

The Enterprise Committee or the Commission, where appropriate, shall draw up a report in accordance with the detailed arrangements for the times examined.

3. In the event of an agreement, the agreement shall apply in the terms of the agreement.

4. In cases of disagreement and within 20 working days, the technical and tariff studies shall be increased to the Joint Committee of the Convention for the mandatory report prior to the presentation to the social jurisdiction.

5. In the cases of disagreement referred to in paragraph 2 of this Article, the resulting differences shall be settled in accordance with the relevant resolution from the date of the establishment of the system.

SECTION 3 PERFORMANCE AND INCENTIVE

Article 22. Performance agreed.

1. Normal performance, which corresponds to the so-called normal activity, is the minimum required performance, and may be required by the company at any time, without the failure to do so or to be interpreted as leaving this right, in accordance with the provisions of Article 19.

2. To establish incentive, it must be based on the minimum performance required.

3. The normal performance and incentive established by the undertaking, in accordance with the studies and organisation of the work carried out by the undertaking, if it is not accepted by its employees, shall be submitted to the Joint Committee for judgment and knowledge, which shall, prior to the reports it considers relevant, the relevant report.

4. The remuneration for the minimum performance payable is determined by the base salary Convention and the age corresponding to each case.

5. The incentives may be collective (section, group, etc.) or individual, as determined by the company in accordance with the legal representation of the employees.

6. Where the performance of a job is not easily measurable as is often the case with certain controls, administrative staff, auxiliary services, storage of goods and articles, etc., and in general all staff who are (i) a system of indirect valuation of work loads will be established on a monthly basis, where productivity systems in the enterprise are to be introduced.

7. Once the incentive system has been established, companies will be able to review it when the amounts of work to optimal activity exceed 50 per 100 of those identified as the minimum required performance.

8. Companies may limit, proportionately reduce, even abolish incentives to all workers who, due to lack of aptitude, attention, interest, or any other causes of a subjective nature, do not obtain the (a) the quality of the production, without prejudice to any other measures which may be applied to the case, by obtaining non-binding reports on the Company's Committees or Staff Delegates, to the taking of such a decision.

9. The incentives may be suspended, in general, by sections or workers, on the basis of information to staff representatives, where the purposes pursued by the system are unattainable due to the absence or reduction of work in the company. In such posts, the employees shall receive the remuneration corresponding to the basic salary of the Convention, plus any increases which, in each case, correspond to them by seniority.

CHAPTER III

New classifications

Article 23.

The specialists will move to the category of officers from third to six years of stay in that category.

The third-place officers will pass to third-place officers with a maximum of three years.

All without prejudice to the fact that the worker claims his professional classification under the Law.

The drivers will be included in the categories of first, second and third officers, without prejudice to the use of machines by these trainees during the apprenticeship period, and to exceed the training evidence necessary for the change of category, without prejudice to the claim by the worker of his professional classification under the Law.

Technical Organization Staff. -This Convention includes the Order of 20 September 1957 ("Official State Gazette" of the 25th), which defines the categories of Head of First and Second Organization, Technical Organization The first and second, auxiliary and aspirational organization, which may be incorporated into the companies that have technical offices of work organization.

For the purpose of the salary, the following assimilation with the administrative categories of the present Convention, as follows:

First Organization Section Head = First Administrative Chief.

Second Organization Section Head = Second Administrative Chief.

First Organization Technician = First administrative officer.

Second Organization Technician = Second Administrative Officer.

Organization Auxiliary = Administrative Auxiliary.

Organizational Aspirant = Administrative Aspirant.

The administrative auxiliary category will be referred to as a drill-down administrative assistant.

CHAPTER IV

Hiring, Trial Period, Cesses, or Prewarning Terms

SECTION 1.

Article 24.

The candidates for the plaza must undergo medical examination.

Companies will be able to submit to applicants for practical and psychotechnical tests that they see fit to check their degree of preparation.

Article 25.

Staff recruitment should be done in writing.

SECTION 2. TEST PERIOD

Article 26.

The income shall be deemed provisional until the probationary period for each group of staff has been met and detailed below:

a) Managing staff and entitled: Six months.

b) Technical staff not entitled: Three months.

c) Administrative staff: Thirty days.

d) Trade personnel: Fifteen days.

e) Unqualified staff: Fourteen days.

SECTION 3. DATES AND NOTICE PERIODS

Article 27.

The personnel who wish to cease in the company's service must notify the company at least in advance of the following deadlines:

a) Managing and technical staff entitled: Two months.

b) Non-titled and administrative technical staff: One month.

c) Staff Rest: Fifteen days.

Temporary Contracts

Article 28.

In the event that the renewal of the temporary contracts does not occur, the worker will be compensated for the amount of six days per year worked. The most beneficial conditions recognised by the legislation in force shall be respected.

CHAPTER V

Vacation, permits, military service and replacement social benefit

SECTION 1. VACATIONS

Article 29.

All staff, irrespective of their status, who provide services in undertakings falling within the scope of this Convention, shall enjoy, for a holiday, 30 calendar days uninterrupted, and when you take a year in a row at the company's service.

Staff who are less than one year old, shall enjoy the days which correspond to them in proportion to the length of time spent in the same period, the worker who, by decision of the undertaking, has extended his period of leave, Even if you do not take a year in the same, you will receive the assets corresponding to the holiday period fully enjoyed by the company.

The holidays will start on Monday as long as it is not festive, and will be paid with the salary corresponding to normal activity increased in the amount obtained from averaging the production incentives accrued during the period. the last 13 weeks (equivalent to three months).

In the event of the start of the holiday in the company with sick leave or work accident, of a worker, the enjoyment of the same shall be postponed, expiring that right, if any, on 31 December of the year.

Article 30. Maternity leave.

In cases of maternity leave, where the period requested is one to three years, it shall be granted by the undertaking with the reserve of the job and exercised by the person concerned within 60 days. Next to the delivery.

When reentry is requested within 90 days prior to the date of its expiration, it shall be readmitted within a maximum period of three months from the date of the expiration of the excess, and the company shall inform you of its reentry in writing at least thirty days before the date of its re-entry.

SECTION 2. PERMISSIONS

Article 31.

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

(a) Two days in cases of birth of a child or serious illness or death of grandparents, parents, children or grandchildren or siblings of one or other spouse and four days in case of a displacement to the effect.

b) One day per transfer from the usual address. c) One day per wedding of a child.

d) One day per wedding of a brother, but without payment.

e) For the time indispensable for the fulfilment of an inexcusable duty of a public and personal nature, understood as the exercise of active suffrage. Where it is established in a legal or conventional rule for a given period, it shall be subject to what is available as long as the duration of the absence and its economic compensation.

When the performance of the duty referred to above involves the impossibility of the provision of the work due to more than 20 per 100 of the working hours in a period of three months, the company may pass the affected worker to the the situation of surplus regulated in Article 46 (1) of the Staff Regulations.

In the event that the worker, by virtue of the duty or the performance of the job, receives compensation, the amount of the same salary as he was entitled to in the company will be deducted.

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

g) Fifteen calendar days paid in case of marriage, the worker being able to opt for an extension of up to five days of this licence, without remuneration.

Article 32. License for studies.

(a) Companies which have at their service workers who carry out studies shall be required to grant the same the licences necessary for them to be eligible for examinations in the calls for the relevant centre, but prior to the justification of the persons concerned to have the registration formalised. This is applicable for obtaining the driving licence.

b) Where the relevant call for examination relates to the pursuit of the professional title of the business carried out in the undertaking, such workers shall be entitled to the corresponding remuneration of the The basic salary plus plus of the Convention and seniority, where applicable, during the period of the duration of the licence.

(c) Such a right will be lost in the middle of the subjects from which they are registered, considering themselves as being subtracted from these effects in those in which they have not been submitted for examination without cause justified. It will also result in the deprivation of these benefits not being approved by the same subject in two consecutive calls.

(d) The permits used by the workers for these concepts cannot be discounted from the annual leave corresponding to them.

SECTION 3 MILITARY SERVICE AND REPLACEMENT SOCIAL BENEFIT

Article 33.

During the period of service of the military service or the replacement social service, the employees will have their job booked, and the company must be rejoined within two months of the date of delivery. the date of their licensing, not being able during this period, to serve in companies of the same activity. In temporary permits, which have a duration of at least 30 days, they shall be entitled to provide services within the undertaking.

Article 34.

The staff who are vacant for the purpose of the military service or the replacement social benefit shall, upon rejoining the holder, move to their former job if they belong to the undertaking on a fixed basis, or shall be reduced if have entered to cover that place, but for the following six months it shall retain all the rights acquired by itself during this period, to which it will be entitled, with preference to any other aspirant.

CHAPTER VI

Economic Conditions

SECTION 1. EMOLUMENTOS REGULATION

Article 35. Social security contributions and taxes.

The contracting parties undertake to include in payroll and, where appropriate, to the contribution of Social Security and payment of taxes that correspond to them, in accordance with the legal regulations, of all the salary concepts that are satisfied in the companies.

Article 36. Wage regime.

Regardless of other concepts, the amount of the base salary Convention by professional categories and with a minimum character is specified in the table of remuneration of this Collective Agreement and will be collected during all the days of the year. Where the inter-professional minimum wage exceeds the basic salary Convention, both in annual accounts, the new inter-professional minimum wage shall be the new base salary Convention for all purposes, in addition, in annual accounts.

Article 37. Night work.

The hours worked during the period from ten to six in the morning, unless the salary has been established on the basis that the work is night by its nature, shall be paid specifies at least 25 per 100 on the ordinary salary. Overtime shall be prohibited during the night period, except in cases and special activities duly justified and expressly authorised by the Ministry of Labour.

Article 38.

For the calculation of remuneration rates for work at home, only the base salary Convention shall be taken into account.

Article 39. Incentive of the Convention.

The amount of cash to be collected by the worker in the event of overproduction of the normal activity shall be understood as an incentive to the Convention. This incentive of the Convention shall be collected, in the amount of 20 per 100 of the base salary Convention in force at each moment for each day worked. Where undertakings do not have an incentive remuneration scheme, they must satisfy this incentive of the Convention in full.

In those companies where the incentive system is established, it will be at the same time.

In view of the motivation of the agreed incentive, it is the wish of the negotiating parties that their establishment does not imply a decrease in the average normal production prior to the Convention.

Article 40.

The worker and, with their authorization, their legal representatives, will be entitled to receive, without the day indicated for payment, advances on account of the work already done.

SECTION 2. ANTIQUITY

Article 41. Periodic increases for service time.

The periodic retributive increases for the service time in the company will consist of all the groups of staff, in nine trienes of the 3 per 100 each on the base salary Convention, in force at every moment. The calculation of the seniority of the service period as an apprentice or an applicant shall be made on the basis of the date of entry into force of the Staff Regulations, in the wording approved by Law 5/1980 of 10 March, i.e. on 15 March 1980, and shall not involve any additional settlement of past periods.

SECTION 3 EXTRAORDINARY REWARDS

Article 42.

It will consist of the amount of:

Thirty days in July.

Thirty days of Christmas.

For their calculation the amounts resulting from the concepts of base salary of the Convention in force at each moment and age, if any, accrued in each professional category shall be computed.

They will need to be received by July 15 and December 20, respectively.

Both bonuses, in their total amount, will be received by those workers who are providing military service or replacement social benefit, provided that they are included as workers. fixed in the company template and have an age of two or more years in the company.

SECTION 4. PARTICIPATION IN BENEFITS

Article 43.

The profit participation is set at 9 per 100 over the amounts that each time constitutes the base salary Convention, extraordinary rewards and corresponding seniority in their case.

SECTION 5 RETIREMENT AWARD

Article 44.

A worker who applies for retirement before he or she is sixty-six years old and carries at least fifteen uninterrupted years of service in the company will be entitled to a non-absorbable prize for one time only for other prizes. volunteers, at the rate of:

Sixty years: 5.5 months of base salary Convention.

Sixty-one years: 5 months of base salary Convention.

Sixty-two years: 4.5 months of base salary Convention.

Sixty-three years: 4 months base salary Convention.

Sixty-four years: 3.5 months of base salary Convention.

Sixty-five years: 3 months base salary Convention.

CHAPTER VII

Fouls and Sanctions

Article 45. Mild.

They are minor faults:

1. Missing a day to work without justified cause.

2. Up to three punctuality fouls in a month. 3. Leave the job or service for a short time within the working day, without permission.

4. The little ones neglected in the realization of the work and in the preservation of the machines, tools and materials.

5. The non-observance of the Regulations and orders of service, as well as the disobedience to the controls: All in light matter.

6. The lack of respect in the light of the subordinates, colleagues, controls and the public, as well as the discussion with them.

7. The lack of personal cleanliness, as well as in the premises, services and useful of the company.

8. Do not communicate to the company the changes of domicile or the data necessary for the Social Security and Medicine of the Company.

Article 46. Serious.

Serious faults:

1. The double commission of slight lack within the period of one month.

2. The lack of two days to work during the period of one month, without justified cause.

3. The obstruction, the malicious omission and distortion of the data, issues and facts that could affect the Social Security and Medicine of Enterprise.

4. Failure to comply with the general rules and those of this Collective Convention on Safety and Hygiene at Work.

It will be very serious when it has consequences for people, machines, materials, installations or buildings.

5. Disobedience to the controls on labour issues.

6. The voluntary decrease and low quality at work.

7. The use of time, materials, machines and tools of work in matters other than the same.

8. The insults offered against persons or institutions of all kinds.

9. The active or passive impersonation of the personality.

10. Drunkenness or non-habitual drug addiction during work.

Article 47. Very serious.

Very serious faults:

1. Repeated failure within the period of one month, provided that they have been sanctioned.

2. The lack of six-day work during the four-month period, without justified cause.

3. More than twelve faults in punctuality over a period of six months or twenty-five in a period of one year.

4. Falsehood, disloyalty, fraud, breach of trust, illicit competition with the company, and theft or theft, both co-workers and the company or third parties, during the reliance on it, or during performance or services on behalf of the company.

5. The removal, inuse, damage or malicious modification in the first materials, products, tools, tools, machines, appliances, installations, buildings, articles and documents of the company.

6. The indiscipline or disobedience to the orders of the controls, as well as the induction to it, when special magazine gravity.

7. Direct or indirect participation in the commission of crime, qualified as such in the Penal Code.

8. The falsehood in the circumstances of accidents at work, the simulation of diseases and the malicious prolongation feigned in its healing.

9. Habitual drunkenness or drug addiction during work.

10. The abandonment of work involving serious economic injury to the company.

11. The voluntary and continuous decline in performance.

12. The commission of immoral acts in the premises and dependencies of the company inside or outside the working day.

13. Those relating to the Workers ' Statute, which are regarded as just grounds for dismissal.

14. To serve another competitor not being authorized; to disclose secrets of must reserve, falsify or misrepresent data or documents, the serious and publicly offending the company, directors or co-workers.

15. The abuse of authority by the bosses. The person who suffers it will put it to the attention of the company's management, within a period not exceeding 15 calendar days, to instruct the appropriate file.

The file must be completed within one month of the date of notification of the interested party.

16. Infringements of this Collective Agreement by undertakings shall be punishable by the competent labour authority.

The assessment of the faults and the corresponding penalties imposed by the company's management will always be subject to the competent social jurisdiction.

Article 48. Sanctions.

The maximum penalties that can be imposed are as follows:

For minor lack:

Verbal admonition.

Admonition in writing.

Suspension of employment and salary for one day.

For severe missing:

Suspension of employment and salary of two to 15 days.

Disable for promotion for a period of up to one year.

For very bad:

Suspension of employment and salary from fifteen to sixty days.

Disabling for a period up to five years.

Dismissal.

Article 49. Prescription.

According to the provisions of the Workers ' Statute, minor faults will be prescribed at 10 days; the serious ones within twenty days, and the very serious ones at the age of 60 days, from the date on which the company became aware of its I would like to make a point of this.

CHAPTER VIII

Multiple Provisions

Article 50.

When, by order of the company, the worker is obliged to spend the night or to carry out maintenance costs outside the company, they will be paid by the company, after justification thereof, and corresponding, except also justified, to those of a three star hotel.

The travel back and forth will also be on behalf of the company in the first or second class, in the judgment of the company.

Article 51. Tool wear.

When the company does not provide the tools, the worker, upon justification, will receive from the company the reasonable expenses that he has paid for the purchase of the same.

The above is understood to be for the new purchases that are made from the validity of this Convention.

Article 52. Working garments.

Without prejudice to personal protective clothing, companies must provide their employees with an appropriate garment to their work class annually.

Article 53. Overtime.

In accordance with the Staff Regulations, and in accordance with the requirements laid down therein, the number of overtime may not exceed 80 hours per year; it may be agreed within each between the management and the representation of the workers, the value of the overtime; in the absence of a pact, the same will be paid to pay the same with the 75 per 100 increase on the salary that would correspond to every ordinary hour or to compensate them for increased paid rest equivalent times, at least, in the percentage indicated above. It shall be reported periodically and at least every three months from those made to the Business Committee or Staff Delegates.

Article 54. Extraordinary structural hours.

In order to clarify the concept of an extraordinary structural time, it will be understood as such those necessary for peak periods of production, unforeseen absences, change of shifts to those of structural character derived from the nature of the work in question or maintenance. All this, provided that it cannot be replaced by temporary or part-time contracts, provided for in the Law. The number of structural hours made to the labour authority jointly by the undertaking and by the Staff Committee or Delegates shall be notified on a monthly basis.

Article 55. Insurance policy.

The company will pay the sum of 915 pesetas per year at least to each worker, for the subscription of an insurance policy covering the risk of death or permanent invalidity, the subscription of which will be exclusively to the worker's account, being indispensable for the payment of the amount previously indicated, duly justify to the company the formalization of the policy.

Article 56. Accidents at work and occupational diseases.

In cases of temporary incapacity for work resulting from an accident at work, the difference between the corresponding economic benefit and 100 per 100 of the salary will be paid to the company.

Article 57. Common sickness and non-work accident.

In cases of temporary incapacity for work resulting from a common illness or non-work accident, undertakings shall pay a supplement to the social security payments in the circumstances and in the circumstances and The following amounts:

When the actual hours worked in the month assume the same month's theoretical hours:

A 98 per 100, a supplement of up to 100 per 100 of the real salary will be paid.

A 97.5 per 100, will be paid a supplement of up to 90 per 100 of the real salary.

By 97 per 100, a supplement of up to 80 per 100 of the real salary will be paid.

A 96.5 per 100, will be paid a supplement of up to 70 per 100 of the real salary.

For the purposes of this article, the employees ' legal representatives in the exercise of their representation shall be considered to be actual hours.

Article 58.

Work contracts due to market circumstances, accumulation of tasks or excess orders may have a maximum duration of nine months within a period of twelve months from the time when the contract was concluded. produce such causes.

Article 59. Learning.

1. Apprentices are the people over the age of 16 who, at the same time as they work, acquire the knowledge necessary for the performance of a trade in the skin industry, admitted by the special and registered contract.

2. During the apprenticeship period, the apprentice must practise in each and every machine from which his section is composed, in order to be able to reach the category of officer.

3. By making the quantity and performance of the work performed and the effective teaching of a trade, which is the raison d' être of learning, the practice of individual incentives which require a Performance not suitable for the physical conditions and professional experience of the apprentice; in a correlative manner, the apprentice must provide the necessary effort and interest to his or her professional training and access to the higher category.

4. The learning will necessarily end by overcoming an aptitude test that proves the necessary sufficiency for the performance of the corresponding category. This test may be applied voluntarily by the apprentice who has completed the age of seventeen and at least one year of apprenticeship in the undertaking.

5. The aptitude test shall be essentially practical and shall be submitted to a Court established within the undertaking and formed by two representatives of the undertaking, two representatives of the employees and the first officer of the highest the length of time the examination is to be seen.

6. After the aptitude test, the apprentice who has not completed the age of eighteen will receive the salary he is receiving, increased by 75 per 100 of the difference between that salary and that of the third one. The apprentice approved at the age of 18 shall pass to the third-party officer and, if there is no vacancy in this category, he shall receive the salary corresponding to the worker over the age of 18, plus 75 per 100 of the difference between that salary and that of the third party.

7. In any case, the apprentice with eighteen years of age shall receive at least the minimum inter-professional salary in force at any time for the worker over the age of 18.

8. The duration of the apprenticeship will be three years.

Article 60. Representation of workers.

1. Certain aspects of the representation of workers in the company are regulated by considering the current regulation partial or incomplete, with both parties committing themselves to replace in their entirety what is regulated by the legal provisions that be established in the future on the subject.

2. Companies that occupy between 11 and 50 workers, will have staff delegates, and those that occupy more than 50 workers. Committee of Enterprise.

3. There may be a staff delegate in the companies occupying between six and 10 employees, if the majority of the employees in the company so decide.

4. Undertakings shall make available to the workers ' representation a suitable premises in which they can carry out their representative activities.

5. The companies will make available to the workers representation a bulletin board that can be used to fix communications and information of specific job content in the company. The communications and information will always be fixed in the bulletin board with the signatures of the workers ' representatives, and must be shown in advance to the management of the company.

6. The management of the company must bring to the attention of the representation of the workers the application of any type of sanction to any one of the members of the mentioned representation of the staff. It shall also inform the representation of employees of the application of penalties for serious or very serious misconduct to any of the employees of the undertaking.

7. The management of the company will inform the representation of the workers in the cases of change of ownership of the company.

8. The company's management will inform the workers ' representation of the general evolution of the sector, the economic progress of the company in the economic exercise and the evolution of employment. In addition, the representation of workers and the company may formulate proposals which must be studied together.

In terms of work at home or subcontracted to other companies, it must always be carried out in accordance with the regulations in force at any time. Periodically, and at least every month after months, the representation of the employees of the company's own works in charge of domicile or subcontracted, and of the existing forecasts in the field, will be reported. The information will be clear and reliable.

9. The representation of workers will, in particular, take into account the general content of their skills and the monitoring of the conditions of safety and hygiene at work within the company.

10. The representation of the employees may request from the company's management authorization to meet with the workers in the premises of the company, outside of the working hours, to deal with issues that directly affect the workers working conditions within the company. The application must be submitted at least twenty-four hours in advance, and the order of the day and the maximum expected duration must be specified.

11. The Company Committees and the Staff Delegates shall provide their collaboration with the Company's management, in relation to the performance of their representatives, in order to improve hygiene, cleanliness, productivity, absenteeism and other issues in the best interests development of industrial relations in the workplace and more effective compliance with the obligations of workers who may be referred to them by the company.

12. The Committees of Enterprise or Delegates of Personnel may appoint from among its members a representative, who may propose to the Management of the company the anomalies that in his judgment exist in the topic of occupational health.

Article 61. Safety and hygiene at work.

1. The legal representation of workers shall carry out in the field of safety and hygiene at work those tasks for which Articles 19, 62 and 64 of the Staff Regulations empower them.

2. An annual medical examination shall be carried out for the workers who provide their services to the undertakings affected by this Collective Agreement, which shall be carried out by the medical services of the undertaking, the National Institute of Safety and Hygiene at work or by employers ' associations. The content of such medical recognition shall be extended in specific and analytical aspects.

The company will deliver, to the workers, the results of the aforementioned medical examinations.

3. The use in the company of glues with benzol or benzene is prohibited, due to the consideration of toxic substances.

4. In any case, the legislation in force will be observed.

Article 62.

1. The company shall report to the Business Committee or Staff Delegates on the evolution of the templates. The Business Committee or Staff Delegate shall be aware of the models of written work contracts used in the undertaking and the documents relating to the termination of the employment relationship.

2. If a Labour Procurement Act is enacted, it shall be deemed to be included in the text of the Convention; any variation or amendment of that Act would also amend the text of the Convention.

Article 63. Pluriemployment.

In view of the serious problem of the level of unemployment in the sector, both parties agree to ensure that the jobs of companies falling within the scope of this Collective Agreement are not taken into account. for workers who are already taking up other jobs at the same time in other companies.

Article 64. The crisis dossier.

1. In the case of a case of suspension or termination of working relations based on economic or technological reasons, the employer shall open a period of 30 calendar days of discussion and consultations with the Committee of Enterprise or Delegates. of personnel, to whom it shall provide the information and supporting documentation of the dossier.

2. If the file for the suspension or termination of the working relationship affects more than 30 per 100 of the employees of the undertaking, it shall account for the goods of the undertaking, except those which constitute its normal traffic, to the Enterprise Committee or Staff delegates.

3. If the work relationship suspension file concerns a part of the workforce, the rest of the workers will not be able, as long as this situation lasts, to carry out regular overtime.

Article 65. Vocational training.

The two sides are committed to working through the Joint Committee on the Convention to organise vocational training courses, managing grants and support from all types of official and private bodies.

Article 66. Companies in a situation of formally declared employment regulation.

Both sides agree on the need to collaborate in all fields that will help companies in a formally declared employment regulation to overcome this situation.

Article 67. Settlement of the amounts due as a result of the approval of the new Collective Agreement.

The amounts due and not paid for this concept shall be recharged in 10 per 100 days after the date of signature of the Collective Agreement by the negotiating parties from the date of the same date. (forty-five days after the signing of the Collective Agreement); the amounts due and unpaid shall also be an interest of 10 per 100 per year.

Article 68. Trade union aspects.

Companies falling within the scope of this Convention shall undertake to:

1. Respect the right of all workers to be freely given.

2. Do not subject the employment of a worker to the condition that he does not take a hold or renounce his affiliation or trade union activity.

3. Workers affiliated to a trade union may, at the company's level:

a) Constituting trade union sections in accordance with the provisions of the Union Statutes.

b) Hold meetings, after notifying the employer, collecting quotas and distributing union information outside the working hours and without disturbing the normal business of the company.

c) Receive the information sent to you by your union.

4. Trade union sections of the most representative trade unions and of those with representation in the Enterprise Committees or with staff delegates shall have the following rights:

(a) In order to facilitate the dissemination of those notices which may be of interest to the members of the trade union and to workers in general, the company shall make available to it a notice board, which shall be placed in the (a) work centre and where it ensures adequate access to the same worker.

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

(c) The use of an appropriate premises in which they can carry out their activities in those enterprises or workplaces with more than 250 employees.

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

(a) The enjoyment of unpaid leave necessary for the development of the trade union functions proper to his office, with the possibility of establishing, by agreement, limitations on the enjoyment of such permits according to the needs of the production process.

(b) To enforced leave, with the right to reserve the job and to the calculation of seniority for the duration of the exercise of its representative

;

rejoin your job within the month following the end of the cessation.

(c) To assistance and access to work centres to participate in the activities of their trade union or the workers ' group, prior to communication to the employer, and without the possibility of interrupting the exercise of that right. the normal development of the production process.

6. Union representatives who participate in the collective bargaining commissions, maintaining their relationship as an active worker in any company, will be entitled to the granting of the paid leave that is necessary. for the proper exercise of their work as negotiators, provided that the company is affected by the negotiation.

Article 69.

1. In companies or, where appropriate, in the workplace which occupy more than 250 workers, whatever the kind of contract, the trade union sections which may be constituted by the workers affiliated to the trade unions with a presence in the Works Committees will be represented, for all intents and purposes, by union delegates elected by and among their affiliates in the company.

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

From 250 to 750 workers: One.

From 751 to 2,000 workers: Two.

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

From 5,001 onwards: Four.

The trade union sections of those unions that have not obtained 10 percent of the votes will be represented by a single union delegate.

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

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

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

c) To be heard beforehand by the company to adopt measures of a collective nature that affect the workers in general and the members in particular, and especially in the dismissals and sanctions of the latter.

Article 70. Union quota.

For the purposes of the companies 'payroll of workers' payroll, the union fee corresponding to compliance with Article 11 (2) of the Law on Freedom of Association shall be taken into account in the following rules:

1. The corresponding trade unions will request it in writing to the companies with an indication of the workers who wish to make the discount on the payroll of the union quota, indicating at the same time the person specifically designated by the plant to whom the discounted shares will be delivered monthly by signing the appropriate receipt, or the current account or savings bank account in which the company will enter the amounts In this case, a copy of the accreditable document of the mentioned entry to the trade union representation in the enterprise, if any, or the person appointed by each trade union centre.

2. Each written worker shall clearly request from his/her company that the discount is made, indicating the central or union to which they belong and the amount of the fee, and may also revoke in writing this authorization.

3. The companies are mere managers of the collection and are not entitled to bear any type of claim that may be caused by high, low or modifications in the quotas.

Article 71. Early retirement.

Workers with sixty-four years of age, prior written agreement with the company, will be eligible for the early retirement regulated by Royal Decree 2075/1981 of 19 October, committing themselves in this case. undertakings falling within the scope of this Collective Convention to replace the worker who retires on the other hand, who is entitled to any of the unemployment benefits or young claimant of the first employment, by means of a contract of equal nature to the extinguished.

Article 72. Trading fee.

The companies will be deducted from the remuneration of the workers the amount that is fixed for one time and before 31 December 1995, which must be entered in the name of the trade union organizations of the present The agreement and the bank account that they indicate next. The abovementioned amount shall be deducted from those workers who communicate to the undertaking their full written conformity.

With the effect of defraying the costs incurred in the negotiation of this Convention, the trade unions UGT and CC.OO., which negotiate the same, set the quantity of 500 pesetas to discount the workers affected, whose amounts will be entered into the following banking entity: Banco Hispanoamericano, urban branch 1,459, current account 13672, Madrid, name of CC.OO. -UGT. The resulting amount will be distributed among the trade union organisations that have participated in the negotiation, i.e. 50 per 100 each.

Article 73. Sexual harassment.

All workers will be treated with the dignity that corresponds to the person and without discrimination on the basis of sex, not allowing sexual harassment or offenses based on sex, both physical and verbal.

In any case, such situations will be handled with the utmost discretion.

Additional clause.

It is agreed to maintain the validity of the regulation contained in the text of the Labor Ordinance on the topics related to organization of work, professional classification, promotions, transfers of work center, surplus and wages, until the signing of the next Collective Agreement, in the well understood that there will be no further extension of this regulation without express agreement of the parts.

Wage table with effect from 1 March 1995 to 29 February 1996

Monthly Salary

Monthly Pesetas/Incentives

Pesetas/Categories

Resolution Of 21 February 1996, Of The General Directorate Of Labour, By Which Registration Is Available In The Register And Publication Of The Collective Agreement Of The Group Leather, Embossed Leather And Similar In Madrid And Zona Centro.

Original Language Title: Resolución de 21 de febrero de 1996, de la Dirección General de Trabajo, por la que se dispone la inscripción en el Registro y publicación del Convenio Colectivo del Grupo Marroquinería, Cueros Repujados y Similares de Madrid y Zona Centro.

Subscribe to a Global-Regulation Premium Membership Today!

TEXT

Search Translated Laws of Spain