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Resolution Of 12 February 1996, From The General Directorate Of Labour, By Which Registration Is Available In The Register And Publication Of The Text Of The Collective Agreement Of The Public, Road Cleaning, Irrigation, Collection And Treatment Sector...

Original Language Title: Resolución de 12 de febrero de 1996, de la Dirección General de Trabajo, por la que se dispone la inscripción en el Registro y publicación del texto del Convenio Colectivo del Sector de Limpieza Pública, Viaria, Riegos, Recogida, Tratamiento y El...

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TEXT

Having regard to the text of the Collective Agreement of the Sector for Public Cleaning, Road, Irrigation, Collection, Treatment And Disposal of Waste, Cleaning and Conservation of Sewerage (Convention Code number 9910035, which was signed with On 20 December 1995, on the one hand, by the Association of Public Cleaning Companies (ASELIP), on behalf of the companies in the sector, and on the other, by UGT and CC.OO., on behalf of the employees of the sector, and in accordance with the Article 90 (2) and (3) of the Royal Decree of Law 1/1995 of 24 March 1995 The adoption of the recast text of the Law of the Workers ' Statute, and Royal Decree 1040/1981 of 22 May on the registration and deposit of collective labour agreements,

This Work General Address 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, February 12, 1996. -Director General, Soledad Cordova Garrido.

GENERAL CONVENTION OF THE SECTOR OF PUBLIC CLEANING, ROAD, IRRIGATION, COLLECTION, TREATMENT AND DISPOSAL OF WASTE AND CLEANING AND CONSERVATION OF SEWERAGE

CHAPTER I

Structural rules

Article 1. Signatory parties.

This General Convention is signed by the Association of Public Cleaning Companies (ASELIP) and the other by the Union General Workers Union (UGT) and the Comisión Obreras (CC.OO.) representation in the sector.

Both parties recognize each other's legitimacy to conclude this Convention.

This Convention shall be open to the accession of other trade union associations, entities and organisations.

Article 2. Efficacy and Obligation Obligations.

Given the representativeness of the undersigned organisations, and in accordance with the provisions of Title III of the Staff Regulations, this Convention shall bind all associations, undertakings, persons and entities. within its functional and personal scope in Spanish territory.

Article 3. Structure of collective bargaining.

The structure of collective bargaining in the public cleaning sector is defined in accordance with the following substantive levels of Conventions:

1. General agreement of the sector: Substitute to the Ordinance of Work for Public Cleaning, Irrigation, Collection of Garbage and Cleaning and Conservation of Sewerage of December 1, 1972, and its content refers to the regulation of the conditions (a) general work to be applied in the whole field of the sector and with the validity of the Convention itself. Its normative character predominates, so it requires a permanence and stability over time.

2. Lower-level agreements: They shall develop or regulate matters of a mandatory or legal nature in their field and, where appropriate, apply the contents of the agreements at the higher level.

Article 4. Concurrency of Conventions.

Concurrency assumptions across Conventions from different scopes will be resolved by applying the following principles:

1. Principle of consistency: Agreements taken in the negotiation of a lower territorial scope which contradict the content of the rules laid down in the Conventions at higher level shall not apply, without prejudice to the provisions of the Article 3.3 of the Staff Regulations.

2. Principle of complementarity: In accordance with Article 83.2 of the Staff Regulations, the undersigned organisations recognise the principle of complementarity of the general agreement of the sector in relation to those at the lower level.

3. Principle of security: Conventions of a lower level than the national ones that are in force at the time of the signature of the latter will maintain its validity in all its content, remaining in its same terms until its temporary term.

4. Principle of territoriality: The Convention in force shall apply in the workplace in which the service is normally provided, without prejudice to the assumptions provided for in Article 3.3 of the Staff Regulations.

5. Concurrency of different functional and personal conventions: The contracts in which workers from different sectors of the regulated in the functional and personal field of this Convention are present and who have different Conventions will follow governed by such conventions, unless such conventions are replaced by a single Convention for the entire establishment.

6. Concurrency of Conventions in a Contract: The concurrency of Conventions, as a consequence of the grouping in a contract of personnel that was subject to different Conventions included in the functional and personal scope of the present General Convention, it will resolve the application of the Convention, which was applicable to each worker, unless it is decided to replace it by the Convention.

7. The Joint Committees of the Conventions concerned should seek jointly to find a solution to the conflicts of concurrency of their Conventions.

Article 5. Distribution of materials at different levels of negotiation.

(a) The following matters shall be reserved for collective bargaining of the General Convention of the sector:

Chapters:

I: Structural rules.

II: General conditions.

III: General Conditions of Income.

IV: Hiring.

V: Classification of personnel. The creation and definition of assimilated categories is not reserved.

VI: Organization of work and productivity. The general principles are reserved.

VII: Promotion and promotions. The general conditions are reserved.

VIII: Retributions. The following subjects are reserved in this chapter:

The wage system.

The structure of economic perceptions.

Exceptionally toxic, painful or dangerous work.

Night works.

The definition of non-structural overtime.

XI: Subrogation of staff.

XII: Fhighs and sanctions. Reserved:

The graduation of sanctions.

The prescription of the faults.

D. F.: Final disposition.

b) In the lower-level negotiations, the binding and normative content of the Conventions will be specific to collective bargaining.

CHAPTER II

General Conditions

Article 6. Functional scope.

This General Convention establishes and regulates the working conditions of the staff of the public cleaning, road, beaches, irrigation, collection, treatment and disposal of waste and cleaning and cleaning services. Sewerage, which are dependent on private companies and public entities, in respect of those who do not have the status of officials.

Article 7. Personal scope.

The regulations of this Convention will be binding and general observance for all companies, public and private entities and workers of the activities listed in the previous article.

Therefore, this General Convention is of direct application in all collective negotiations that are designed during its validity among companies, associations, entities, both public and private, and representatives legal workers.

Senior management staff, as governed by Article 2.1.a) of the Staff Regulations, are excluded from the scope of this Convention. This staff is free to be appointed by the company. Their employment relationship will be governed by their employment contract and by the special rules of application.

Likewise, the cases referred to in Article 1.3 of the aforementioned Law are excluded from the scope of this Convention.

Article 8. Territorial scope.

This general convention shall apply throughout the territory of the Spanish State, without prejudice to the provisions of Article 1.4 of the Staff Regulations.

Article 9. Temporary scope.

This Convention shall enter into force on the day following its publication in the "Official State Gazette" and shall be valid for six years.

Once its initial term or any of its extensions, of equal duration, will continue to be valid until it is replaced by another.

Article 10. Complaint and review.

Any of the parties to this Convention may request the other party's review.

The complaint must be made in writing and with a minimum of one month and a maximum of six months in advance of the expiration of its term of validity or any of its extensions.

This communication will be sent to the General Labour Directorate for registration purposes.

The party that promotes the negotiation must present a concrete proposal on the points and content that includes the requested revision.

The parties will meet one month after the receipt of the aforementioned proposal.

Article 11. Linking to the whole.

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

If the competent jurisdiction annuls or invalidates any of its articles in part or in full, the signatory parties shall meet in order to resolve the problem raised, while the Convention shall remain without effect.

Within one month, if the Negotiating Commission had not reached an agreement, the Convention would be invalidated in its entirety, so the entire Convention would have to be negotiated again.

Article 12. More beneficial conditions.

All companies that have granted to their staff by collective agreement, individual contract or pact more beneficial conditions, will have the obligation to respect them in their entirety for all the personnel who come enjoying the date of entry into force. In any event, the conditions for the number of working hours and the annual paid leave of longer duration shall be respected as more favourable conditions.

Article 13. Compensation and absorption.

The remuneration and other working conditions agreed upon in each lower-level Convention shall compensate and absorb all existing at the time of its entry into force, subject to homogeneous conditions, any which is the nature of the same.

Increases in remuneration or other improvements in working conditions that may occur in the future by legal provisions of general application, collective agreements or individual contracts, may only affect the the conditions agreed in the lower-level Conventions, where, in view of the new remuneration or new working conditions in annual accounts for homogeneous concepts, they exceed those agreed in those lower-level agreements.

Otherwise, they will be compensated and absorbed by the latter, keeping the Conventions of lower scope in their own terms, in the form and conditions that are agreed.

Article 14. Joint Committee.

A Joint Commission will be set up, consisting of 12 members, six from the union side and six from the employers ' association.

The Joint Committee's agreements will be adopted by the majority of each party, business and trade union, respectively, signatories to the Convention, and in the case of interpreting this Convention, they will have the same effectiveness as the rule that has been interpreted.

Article 15. Functions and procedures of the Joint Committee.

The Joint Commission referred to in the previous Article shall have the following functions:

a) Monitoring and monitoring compliance with this Convention.

(b) Interpretation of all the provisions of this Convention.

c) Conciliation in collective conflicts involving the interpretation and application of the rules of this Convention.

(d) How many functions extend to the greatest effectiveness of this Convention, or derive from the provisions of its text and annexes, which form part of it.

Procedure: Issues to be promoted before the Joint Commission shall take the form and content thereof shall be sufficient to enable it to examine and analyse the problem with the necessary knowledge of the case; have as mandatory content:

a) succinct and concrete exposition of the case.

b) Reasons and fundamentals you understand assist the proponent.

(c) Proposal and specific request to be made to the Commission.

The written proposal is accompanied by how many documents are needed for the best understanding and resolution of the problem.

The Commission may, by way of extension, collect as much information or documentation as it considers relevant for a better or more complete information of the case, to which effect it shall grant a time limit to the proposer which may not exceed five business days since receiving the communication.

The address, for the purposes of notifications, of the Joint Committee shall be as follows:

First year: ASELIP, Cristobal Bordiu, 55 (Madrid).

Second year: UGT, Avenida de América, 25 (Madrid).

Third year: CC.OO., Sanz Crespo, 3, 7. ª, Gijón (Asturias).

Fourth year: ASELIP, Cristobal Bordiu, 55 (Madrid).

Fifth year: UGT, Avenida de América, 25 (Madrid).

Sixth year: CC.OO., Sanz Crespo, 3, 7. ª, Gijón (Asturias).

The organization that provides the address of the Joint Committee shall be responsible for:

1. To receive the letters addressed to the Commission, and to transfer the information, and to notify the other members of the Commission of the date of the meeting within five working days of the request.

2. To call on the other members of the Joint Committee, through their respective organizations, of the meetings of the Joint Committee which are necessary, with sufficient justification to have received, at a time of 15 calendar days prior to date, indicating place and time of the meeting.

3. To communicate to whom the resolutions emanating from the Joint Committee correspond.

4. Require prior to the call, on behalf of the Joint Committee, the documentation by way of enlargement mentioned above.

The Commission shall issue a report within a period of 15 days from the time the meeting takes place on the matters to be submitted to it.

The failure to comply with these deadlines without having produced the call, resolution or opinion will leave the dispute resolution open to any other judicial administrative body that has been raised.

CHAPTER III

General Conditions of Income

Article 16. Income to work.

The admission of staff shall be carried out in accordance with the provisions in force at any time and regulated in the Collective Agreements in the matter, and in no case before the worker has completed sixteen years.

The right of information on recruitment shall be governed by the provisions laid down in the provisions of the law and by the provisions of this Convention on the rights of workers in the field of employment.

Article 17. Fitness tests.

The companies, in relation to the income of the workers, will be able to carry out the selection tests that they consider necessary to check the degree of aptitude of the aspirants.

The contract worker must be registered in the registration book of the corresponding work centre, and must provide the necessary documentation and sign on to it.

Companies and workers will be obliged to carry out medical examinations on the basis of the workers ' admission.

Medical examinations must be adapted to the workplace in question.

CHAPTER IV

Hiring

Article 18. Recruitment.

The income to the work will be done in accordance with any of the modalities of contracts regulated in the labor legislation in force at the time of the operation.

The apprenticeship contract, regulated in Law 10/1994, cannot be held for the performance of unskilled trades or jobs, limiting the use of this contractual modality to the strictest legality.

Given the current circumstances of the sector, it is recommended to companies that hiring with temporary work companies is carried out in a restrictive manner and as a marginal mechanism in the activity.

Article 19. Service contract determined.

This contract is intended to perform a particular service.

The duration of the contract of employment for a given service with the undertaking with which it is subscribed shall be that of the service for which it has been concluded, operating on its term the assumptions referred to in this Collective Agreement. for the subrogation of personnel, passing the worker to the new company or public entity that will perform the service.

CHAPTER V

Staff Classification

Article 20. Professional classification.

The classification of personnel, as indicated in the following articles, is merely indicative and does not presuppose the obligation to have covers all of their places.

The professional roles of each group, category or trade should be considered simply indicative. In addition, every worker is obliged to carry out the work and operations entrusted to him by his superiors, within the general task of his or her professional category or competence, including the cleaning of machinery, tools and useful work.

Article 21. Professional groups.

The staff will be framed, taking into account the functions that you run in the company, in any of the following professional groups:

Group of technicians.

Intermediate Command Group.

Administrative groups.

Group of operatives.

Article 22. Definition of group and professional categories.

Each professional group understands the categories that are specified for each of them.

These categories will be equivalent to each other within each professional group regardless of their economic rights.

If a category is regulated in lower-level agreements, it must be indicated which group and category of the above mentioned categories are assimilated.

A) Group of technicians: The technical staff group will be composed of the following categories:

Titled top.

Titled middle grade.

Assistant Technician.

Technical Auxiliary.

1. Title: In possession of a higher degree; it performs the functions of the service or department to which it is assigned at any time.

2. Middle grade: In possession of a middle grade degree; performs the duties of the service or department to which it is assigned at any time.

3. Assistant technician: In possession or not of a degree of medium degree; he performs functions of the specialty entrusted to him by the company. If you have an average degree, your duties will be lower than the previous category.

4. Technical assistant: Employee over eighteen years of age who has the necessary knowledge to develop basic technical operations.

B) Intermediate Command Group: The intermediate command group is composed of the following categories:

General Manager.

Subgeneral manager.

District or Zone Manager or Inspector.

Second or Capataz Manager.

Manager or Workshop Master.

1. General Manager: With the necessary knowledge and under the immediate orders of the superior or middle Technician, he commands on one or more Enloaded. It adopts the appropriate measures for the proper management and exercise of the services. He is responsible for the maintenance of the discipline of the services in his office, and most especially of the compliance with how many provisions relate to hygiene and safety at work.

2. Deputy General: At the orders of the General Encharged, he fulfils the orders that he receives and in turn distributes the work among his subordinates, and responds to the correct execution of the works and the discipline. Replaces the General Encharge in its absences, originating from any cause.

3. District or Zone Officer or Inspector: At the orders of a General or Subgeneral General, he is responsible for Capataces and operative staff, whose work he directs, monitors and orders. It has complete knowledge of the trades of the district or area's activities and sufficient command to maintain proper discipline and to obtain the expected returns.

4. Second or Capataz: The worker who, at the orders of a General, Subcharged, Encharged or Inspector of District or Zone, has the command of the Brigade Enloaded and other operating personnel, whose works he directs, Watch and order. He shall have knowledge of the trades of the activities at his disposal and sufficient command to maintain the expected returns and discipline.

You may replace your senior immediate boss in services where you do not require the permanent command of the person.

5. Workshop Master or Master: With direct control over the workshop staff, you have the responsibility for the work, discipline and safety of your subordinates. It is up to the organization of the work, the care of the tools, fuels, lubricants and other elements of the workshop. It distributes the tasks and personnel within its department, directs the repair of material, with the consequent responsibility for its realization, and tells the operators the way to carry out the works, the time to invest and the tools to use.

C) Administrative Group: This group consists of the following professional categories.

Chief Administrative Officer.

Second Administrative Chief.

First Administrative Officer.

Second Administrative Officer.

Administrative Auxiliary.

1. Chief Administrative Officer: Employee who, whether or not provided with limited power, has the responsibility and direct command of an office or part of it in which he is assigned. They depend on the various administrative sections.

2. Chief Administrative Officer of the second: Employee who, with or without limited power, is in charge of a section or department; orders and gives unit to the job that he/she has entrusted and responds to it before his/her bosses and distributes the work among his/her subordinates.

3. First Administrative Officer: Employee acting on the orders of a Chief Administrative Officer, if any, and is in charge of a given service, within which, with initiative and responsibility, with or without other employees to his or her orders, jobs requiring proper calculation, study, preparation and conditions.

4. Second Administrative Officer: Employee who, with limited initiative and responsibility, subordinate to a Head or a First Officer, performs auxiliary or secondary work, requiring general knowledge of the techniques administrative.

5. Administrative Auxiliary: Employee who dedicates his activity to administrative elementary operations and, in general, to the purely mechanical tasks inherent in the work of the office.

D) Group of operatives: The operating personnel group is composed of the following categories:

Driver or Machinist.

Team Chief.

Specialist Pawn.

Pawn.

First Workshop Officer.

Second Workshop Officer.

Third Workshop Officer.

Basculero.

Store.

Ordinance.

Goalkeeper.

Vigilante or Guarda.

Cleaner.

1. Driver or Machinist: In possession of the corresponding driving meat, you have the necessary knowledge to execute all kinds of repairs, which do not require workshop elements. It shall take particular care to ensure that the vehicle or machinery leading out of the park is in the proper working conditions.

You are responsible for the driving and handling of machines or vehicles towed or untowed by the service. It shall be responsible for the entertainment and proper storage of the machinery or vehicle assigned to it, and for the technical and operational requirements of the machinery or vehicle.

2. Team Manager: It is the specialized Peon who, in addition to performing his own task, directs and takes responsibility for the work of the staff that integrates his team. You can replace the Capataz in your absences.

3. Specialized Pawn: The dedicated to certain functions that without constituting a trade require, however, some practice and specialty.

4 Pawn: Worker responsible for carrying out tasks for which no professional or technical specialization is required. They can provide their services without distinction in any service or place in the workplace.

5. First Workshop Officer: With command over other operatives or without him, he possesses the knowledge of the trade and practices it with the greatest care and finesse and full performance.

6. Second Official of the Workshop: Operary who, with theoretical-practical knowledge of the trade, without reaching the specialization and perfection required of the first officers, execute the tasks of his office, with sufficient perfection and efficiency.

7. Third Official Workshop: Operary that does not yet reach the theoretical-practical knowledge to perform its task with the perfection and efficiency required of the officers of the second.

8. Basculero: It is responsible for the weighing of vehicles in the scales, which also carries out the necessary annotations in the roadmaps and in the parts of the scale.

9. Storage: It is the responsibility of receiving the materials and goods distributed in the premises of the warehouse; it takes off the orders, records in the books the movement during the day and writes the parts of the entrance and exit. It shall possess, if required by the undertaking, elementary knowledge of typing and accounting.

10. Ordinance: Subaltern whose mission is to do errands in or out of the office, copy documents, collect and deliver correspondence, guide the public in the office, attend telephone exchanges and any other auxiliary work.

11. Goalkeeper: It has as a special mission the monitoring of the accesses and dependencies of the company.

12. Vigilante or Guarda: You are responsible for the surveillance, daytime or night, of the premises or work centers, as well as the tools and tools that are stored in them.

13. Cleaner: It is the operator who has the task of cleaning the premises and premises of the company.

CHAPTER VI

Organization of work and productivity

Article 23. Organisation of work.

The organization of the work is the faculty of the employer, who must exercise it in accordance with the provisions of this Convention and other applicable rules.

The worker is obliged to comply with the orders and instructions of the employer in the regular exercise of his or her directives, and must execute as many works, operations or activities as he/she is ordered within the general (a) own category or professional competence. These include the complementary tasks that are necessary for the performance of the main task, or the care and cleaning of the machines, tools and job that are in charge during the working day.

Article 24. Provision of work.

The benefit of the work will be determined by what is agreed in the work contract. The worker shall provide the class and extent of the work which marks the laws, the present Convention, the lower level, the employer's instructions and, in his absence, the uses and customs.

Normally only the usual job will be done. However, in urgent need, the worker must provide more work or a different one than agreed, provided that he is remunerated in accordance with the applicable provisions.

Every worker is obliged to carry out as many works and operations as his superiors, within the general tasks of his or her professional category or competence.

If the worker observes a lack of work, lack or defects in the material, instruments or machines, he/she will be obliged to immediately account for his/her immediate bosses. The worker will take care of the machines and useful to be entrusted to them, keep them in perfect state of conservation and be responsible for the damage, damage or damage caused by their guilt.

It is forbidden to use machines, tools or tools for use other than that determined by the company, without the express authorization of the company, which will also be necessary for the worker to use tools or machines of his/her property in the tasks entrusted to it.

The company will make it available to the workers all the necessary means to enable them to carry out their work in the best conditions of comfort, hygiene and safety. For their part, the workers will use the means of protection provided by the company. Article 25. Professional discretion.

The worker is obliged to maintain the business and business secrets of the company.

Article 26. Systems of work.

Companies will be able to establish for the unmeasured works of weaning, task or production premium, establishing a proportionality between performance and pay.

Article 27. Productivity.

Productivity is a constitutionally protected asset, the improvement of which constitutes a basic duty of the workers, and the legal representatives of these workers must collaborate with the management of the company in order to obtain their increase.

CHAPTER VII

Promotion and promotions

Article 28. Promotion and promotions.

The posts or tasks involving command or special trust will be of free designation and revocation by the company.

To be promoted to a different category or professional level than the one held, systems will be established by the company that, among others, may take into account the following circumstances:

Successfully overcome the tests that are proposed to the effect.

Certification.

Knowledge of the job.

Professional history.

The promotion will not be final until a trial period, which will be six months for the staff entitled and two months for the rest of the staff. During this period, the promoted worker will hold the category to which he has been provisionally promoted, perceiving the salary corresponding to the same.

If the test period is not successfully completed, the worker will return to the work of his/her category and previous level, perceiving his/her own salary.

CHAPTER VIII

Remuneration

Article 29. Wage system.

The whole of the economic perceptions of workers, in money or in kind, by the professional provision of the employment services for others, will be considered to pay for the effective work, any that is the form of remuneration, or the periods of rest that can be used as work.

They shall not have the consideration of salaries for the amounts received by the worker in respect of the expenses incurred as a result of their employment, the benefits and the compensation of the Social security and compensation for transfers, suspensions or redundancies.

A) Wage Perceptions: They will have the salary condition the following economic perceptions:

1. Base salary: This part of the remuneration that is fixed exclusively for the unit of time.

2. Wage supplements: These are the amounts which, if any, are to be added to the basic salary, taking into account circumstances other than the time unit.

Salary add-ons can be:

Personal.

Job position.

Quantity or quality of work (activity or attendance pluses and overtime).

The amounts that companies pay freely and voluntarily to their employees.

The agreements reached in the collective agreements that are of a nature to be listed as social security.

3. Of a maturity of more than one month: Extraordinary pay.

4. The economic perceptions that pay for the holidays, except for the agreed extranalarial concepts paid on holidays and rest periods.

b) Non-wage perceptions:

1. The benefits and benefits of Social Security.

2. Compensation or compensation for expenditure incurred by the worker as a result of his or her work.

3. Severance payments, displacements, suspensions or dismissals.

4. The agreements reached in the collective agreements with a non-listed character to the social security system.

Article 30. Structure of economic perceptions.

The lower-level Conventions will establish within their respective scope the structure of economic perceptions, based on the following concepts:

Base salary.

Extraordinary gratifications.

Remuneration for holidays.

Salary uses, where all the supplements that are agreed in each Convention are included and that constitute direct consideration of the work and not compensation of expenses incurred for attending the work.

Extrasalarial plusses, where they are considered to include how many concepts are agreed upon in character compensation of expenses incurred to the worker for the provision of their work, such as distance, transport, travel, tools, working clothes or others of a similar nature.

Article 31. Accrual of salary.

In the different Conventions of lower scope, the accrual of each of the economic perceptions that are part of the same will be established.

They may also set the corresponding annual salary, daily wage, monthly or both for each category or professional level.

Article 32. Payment of salary.

All perceptions, except those of a periodic maturity of more than one month, shall be paid on a monthly basis, for periods expired and up to the 5th of the month following that of their accrual, even if the worker is entitled to receive a advance payment per month, the amount of which shall not exceed 90 per 100 of the amounts due.

Extra advances may be granted if sufficient reasons are considered.

Companies are entitled to pay the remuneration and advances on account of them, by cheque, transfer or other payment method through a bank or financial institution.

The worker must provide the company, at the time of its entry to the company, its tax identification number (NIF), in accordance with the applicable regulations.

Article 33. Seniority.

The personal complement of seniority will be governed by the provisions of the lower-scope Conventions.

Those collective agreements or agreements at a lower level than, at the date of entry into force of this General Convention, do not have the system of the personal seniority supplement for which they are actually used are regulated in their text. In this respect, they shall be required to specify it in their Convention within a maximum of three years.

Article 34. Exceptionally toxic, painful or dangerous work.

Workers who have to perform work that are exceptionally painful, toxic or dangerous will be paid a 20-for-100 bonus on the base salary. If these tasks are carried out only for a period of more than 60 minutes per day, without exceeding half a day, the bonus shall be reduced to 10 per 100.

In those cases where the exceptional penalty, toxicity and the high risk of the industry's normal risk is very particular, the 20 per 100 will become 25 per 100 if the exceptional value of the two circumstances of the above mentioned, and 30 per 100 if they were all three.

The lack of agreement between the company and the worker with regard to the qualification of the job as painful, toxic or dangerous, will be resolved by the competent body.

In general, the activities in which there may be tasks that give rise to the perception of the above will be, in toxicity, those of sewerage, which can also be excessively painful when carried out on mud and water, even if the staff is equipped with adequate material, and also because of the insalubity and bad smells. As dangerous some of the waste collections and, depending on the conditions, also those of the sewer.

The amounts equal to or greater than those indicated by the companies will be respected, provided that it is fully demonstrated that these bonuses have been granted by some of the three concepts listed: Toxicity, penosity or dangerousness, in which case the addition of the plus in this article will not be required.

Nor will those companies that have them included in the salary of job qualification be obliged to satisfy the aforementioned bonuses.

If the conditions of penosity, toxicity or dangerousness are to be removed by improvement of installations or working procedures, once they have been found to be non-existent by the competent body, they will no longer be paid. bonuses.

Article 35. Night work.

Hours worked during the period between 21 and 6 hours, unless the salary has been established on the basis that the work is night by its very nature, shall have a specific remuneration increased by 25 per 100 on the base salary.

The remuneration system set out in the preceding paragraph shall apply to all workers falling within the scope of this Convention, with the exception of those who have agreed to the entry into force of this Convention. other, in which case the latter shall remain applicable.

In lower areas, other night work periods other than the one set out in this article may be agreed.

Article 36. Plus compensatory distance and transport.

In the Collective Agreements, a plus of an extrasalarial character can be established to compensate for the expenses that are incurred for the workers to go to their jobs, whatever the distance to travel. This plus replaces the distance and transport pluses, set out in the Orders of 10 February, 4 June and 24 September 1958 and the Resolution of 5 June 1963.

Article 37. Overtime.

They have the status of extraordinary hours those agreed upon in the collective agreements of lower scope that are carried out on the duration of the ordinary day agreed or legally established.

The value of the extraordinary hour will be negotiated and specified for each category in the lower-scope Conventions, and in no case will its value be less than the ordinary time, with all its salary supplements.

Companies will be able to agree with legal representatives, when there are any, to compensate for the remuneration of overtime hours.

The realization of extraordinary non-structural hours will be freely accepted by the worker.

The limit will be the one set by the Workers ' Statute.

Upon the entry into force of this Convention, agreements on overtime in the lower-level Conventions shall remain on their own terms, provided that no new negotiation takes place.

Article 38. Extraordinary structural hours.

Given the public nature of the services provided in this activity, all those that are required for the completion of the services, specified by the extension of the service, will be considered as extraordinary structural hours. (a) time to be carried out, motivated either by unforeseen absences or by non-standard production tips and other structural situations arising from the nature of the work concerned, all of which, under the provisions of the The Order of 1 March 1983, being its compulsory execution for the worker.

Article 39. Extraordinary rewards.

Workers who are not subject to lower-level collective agreements or covenants will be entitled to extraordinary pay in summer and another at Christmas, at the rate of thirty days of base salary each, as well as a third Extraordinary gratification of fifteen days of base salary. These payments shall be payable during the 12 months preceding the date of their payment, 30 June, 31 December and 31 March respectively. All this, in the case of the regular maximum working day.

Workers subject to a lower-level Collective Agreement or Convention shall receive the extraordinary rewards agreed upon in the amount and in the terms that they have established.

Those lower-level collective agreements that have more than two extraordinary bonuses per year will keep them, although it will be ensured that, in order to tend to unify the number of bonuses Extraordinary in the sector, they will be adapted to a maximum of three extraordinary pagas per year.

those collective agreements or agreements of a lower level which, at the date of entry into force of this General Convention, do not have the system in their text governed by the system by which they are actually governed by the the amount of the extraordinary payments shall be required to be specified in the Convention within a maximum of three years.

CHAPTER IX

Day

Article 40. Day.

Lower-scope Collective Agreements will establish the agreed working day and its distribution during its lifetime.

Whenever the duration of the continuous daily journey exceeds six hours, a rest period must be established. This period of rest shall be considered as effective working time when it is established or established in the Collective Agreement or the employment contract.

Article 41. Working hours.

The schedules of each work center must be adapted to their operational needs.

It will be the ability of companies to set schedules and relays, as well as modify them according to the legally established procedure.

Article 42. Exceptions to the ordinary day.

For staff who perform Vigilante or Guarda functions, exclusively, periods of working time can be computed to regularize shifts in bi-weekly computation. If, in spite of this, an excess of a day is produced, that excess shall be paid in proportion to the value of the ordinary hour up to a maximum of one third of the ordinary daily maximum day applicable to that worker. Another way of compensating for such excesses may be laid down by Convention or Pact.

Article 43. Extension of the day.

The work of the operators with maintenance and repair functions of facilities or machinery, necessary for the resumption or continuity of the production process, as well as the personnel who put in place or close the work of the other, may be extended for the necessary time, without the excess over the ordinary day being counted as overtime, and must be paid in proportion to the value of the extraordinary hour of work.

Article 44. Work on Sundays and holidays.

Having the services covered by this General Convention the status of public, when they have to be provided on Sundays and holidays for service imperatives, the work of those days may be compensated by establishing a system of compensatory breaks adapted to the needs of the service; except in the case of staff hired to work these days, who will receive the remuneration that is legally or conventionally applicable.

It will be considered a public holiday on November 3, a holiday of San Martín de Porres.

Article 45. Work shift.

Companies may set up work shifts for technical, organizational or productive reasons, unless it involves changing working conditions, in which case the agreement with the representatives of the workers, if any.

By collective bargaining, any shift rotation regime may be established.

In companies in which work is carried out by work teams on a shift basis, the rest of the day and the weekly rest can be counted for the periods that are agreed in the Collective Agreements.

In companies that have established shift systems, the worker is obliged to remain in his job until the arrival of the relay. The time worked during the wait shall be paid in proportion to the value of the extraordinary hour of work, and shall not be counted as an extraordinary day.

Article 46. Holidays.

Staff subject to this Convention shall be entitled to the enjoyment of a period of paid annual leave of 30 calendar days.

The holidays will be enjoyed for natural years. The first year of service delivery in the company will only be entitled to the enjoyment of the proportional share of the time actually worked during the year.

The right to vacation is not susceptible to economic compensation. However, the staff who cease during the course of the year shall be entitled to the payment of the salary corresponding to the part of the holiday accrued and not enjoyed, as an integral part of the liquidation due to their absence in the undertaking.

The lower-level agreements or covenants shall establish in their tables of remuneration the salary to be paid during the holiday period.

CHAPTER X

Exceed

Article 47. Forced leave.

The cases of forced leave provided for in the law will give rise to the right to the preservation of the job and to the calculation of seniority during its term. The reentry will be requested within the month following the end of the post which motivated the leave, losing the right if this deadline is requested.

The duration of the contract of employment shall not be altered by the situation of the worker's forced excess, and in the event of the termination of the contract during the course of the contract, that contract shall be extinguished, upon his or her denunciation or notice, unless otherwise agreed.

Article 48. Voluntary leave.

The worker, with at least one year's seniority in the company, will have the right to be recognised as being on a voluntary basis for a period of not less than one year and not more than five years. This right may be exercised only once again by the same worker if two years have elapsed since the end of the previous leave.

Workers shall be entitled to a period of leave of no more than three years, in order to take care of the care of each child, from the date of birth or adoption of the child if it is less than five years. Successive children shall be entitled to a new period of leave which, if appropriate, shall end the period of their enjoyment. When the father and the mother work, only one of them will be able to exercise this right.

The surplus worker retains only a right of preference for reentry in vacancies of equal or similar status to his or her, which would have been or were to be produced in the company, and whenever he so requests at least one month in advance of the the term of the surplus. In the case of leave to attend to the care of a child, and during the first year from the beginning of the same, the worker shall be entitled to the reserve of his job and to the calculation of the seniority during the time in which the worker remains in a situation of excess to care for the care of a child.

During the period of leave the worker will not be able to provide his services in another company that is engaged in the same activity. If you do so, you will automatically lose your reentry right.

The parties will be subject to the agreed leave of absence.

CHAPTER XI

Staff Subrogation

Article 49. Subrogation of staff.

In order to contribute to and guarantee the principle of stability in employment, the absorption of staff among those who succeed, by means of any of the procedures for the procurement of public service management, Leasing of services or other services, in a particular activity of those regulated in the functional scope of this Convention, shall be carried out in the terms set out in this Article and in the following terms.

The term "contracts" includes, in general, any form of recruitment, both public and private, and identifies a particular activity that is to be carried out by a particular company, company or company. public body.

A) In all cases of termination, loss, termination, assignment or redemption of a contract, as well as any other figure or modality involving the replacement of entities, natural or legal persons who carry the activity in question, the employees of the outgoing company will be assigned to the new company or public entity that will perform the service, respecting the rights and obligations that they enjoy in the company replaced. The aforementioned personnel subrogation will occur whenever any of the following assumptions are made:

1. Workers who work on the contract with a minimum seniority of the last four months prior to the effective termination of the service, regardless of the modality of their employment contract, irrespective of the fact that, with prior to the four-month period, they would have worked in another contract.

2. Workers, entitled to a job reserve, who at the time of the actual completion of the contract are at least four months old in the contract and who are sick, injured, on leave, leave, leave, maternal rest, military service or similar situations.

3. Workers with a contract of interinity who replace one of the workers referred to in paragraph 2, irrespective of their seniority and the duration of their contract.

4. New income workers who, as required by the client, have been incorporated into the public service contract as a result of an extension, in the four months prior to the completion of the contract.

5. Workers who replace others who retire, having completed sixty-four years within the last four months prior to the actual completion of the contract and have a minimum age in the same four months before (a) to retirement, provided that it is agreed under the statutory collective agreement of a lower level, pursuant to Royal Decree 1194/1985 of 17 July.

B) All of the above assumptions must be credited and documented by the outgoing company or public entity to the incoming, by means of the documents detailed in Article 53 and within the period of ten working days from the time when, either the incoming or outgoing undertaking provides the other undertaking with the change in the award of the service.

C) Workers who have not enjoyed their statutory holidays when the subrogation takes place will enjoy them with the new service award, which will only pay the proportional part of the period corresponds, since the payment of the other period corresponds to the previous successful tenderer, which must be made in the corresponding liquidation.

(D) The application of this article shall be binding on the parties to which it links: Company or public or private entity, new contracting and worker.

Article 50. Division of contracts.

In the event that one or more contracts whose activity is carried out by one or more companies or public entities are fragmented or divided into different parts, zones or services to the object of their subsequent activity. The award of the contract will become attached to the new holder, those workers who have completed their work in the outgoing company in the specific parts, zones or services resulting from the division produced, with a minimum period of four years. Last months, whatever his or her form of contract of employment, and all this even before have worked in other areas, contracts or services.

Workers shall also be subrogated in cases 2 to 5, inclusive of Article 49, and who have carried out their work in the resulting areas, divisions or services.

Article 51. Groups of contracts.

In the event that different contracts, services, zones or divisions of those are grouped into one or more, the subrogation of personnel will operate with respect to all those workers who, regardless of the modality of their employment contract, have carried out their work in which they are grouped together with a minimum of four months before, and all this even if they have previously provided services in different contracts, areas or services.

Workers shall also be subrogated in cases 2 to 5, inclusive of Article 49, and who have provided their services in the contracts, zones, divisions or services grouped together.

Article 52. Compulsory.

The subrogation of personnel, as well as the documents to be provided, will operate in all cases of replacement of contracts, parts, zones or services resulting from the fragmentation or division of the same, as well as in the (a) to the extent to which they may be effected, even if the normal replacements are between undertakings or public or private entities carrying out the activities of the services concerned, even if the relationship between the undertakings or public or private entities the legal basis is established only between the one who awards the service on the one hand and the company that results (a) to be awarded on the other hand, where, in any event, the staff subrogation must be compulsory, in accordance with the terms indicated and regardless of the application, where appropriate, of the provisions of Article 44 of the Staff Regulations, as to the existence on the part of the outgoing businessman of other non-foreign contracts to which he is the object of succession.

Article 53. Documents to be provided by the outgoing company to the incoming company.

The outgoing company must provide the following documents to the incoming company:

Certificate from the competent body to be current for payment in Social Security.

Photocopy of the last four receipts of wages of the affected workers.

Photocopy of TC-1 and TC-2 of social security contributions of the last four months.

Staff relationship, specifying: First and last names, Social Security affiliation number, seniority, professional category, day, time, hiring mode and date of your vacation. If the worker is a legal representative of the workers, the term of office of the worker shall be specified.

Photocopy of work contracts of staff affected by subrogation.

Copy of documents duly completed by each worker concerned, in which it is stated that the worker has received from the outgoing company its liquidation of proportional parts, with no amount outstanding. These documents must be held by the new contracting authority at the date of commencement of the service of the new holder.

CHAPTER XII

Fouls and Sanctions

Article 54. Sanctioning power.

Workers may be punished by the management of companies under job defaults, in accordance with the graduation of faults and penalties that are set out in the following articles.

The enumeration of the different types of faults is merely enunciative and does not imply that there can be no others, which will be qualified according to the analogy that they keep with those.

Article 55. Graduation from the fouls.

The faults committed by the workers in the service of the companies will be classified according to their importance and concurrent circumstances in light, serious and very serious.

In the lower-level Conventions, the disciplinary regime may be developed.

Article 56. Minor fouls.

The following are considered minor faults:

1. Those of carelessness, error or unexplained delay in the execution of any work.

2. From one to three faults of punctuality in the attendance at work during the period of one month, less than thirty minutes, without there being justified causes.

3. The absence of justified reasons for the job, even if for a short period of time, provided that such abandonment is not detrimental to the undertaking and will not disturb the work of the other operators, in whose cases it will be considered as serious misconduct. or very serious.

4. Small neglects in the preservation of the material, garments or means of protection and in the cleaning.

5. Do not communicate to the company any changes in the address or personal circumstances that may affect their relationship and obligations with the company within five days after they have made it.

6. Lack of grooming and personal cleaning occasionally.

7. Leave clothing or personal effects out of the right places for safekeeping.

8. Discussions with colleagues in the company's premises or during the working day, as long as it is not in the presence of the public.

9. Missing a day to work without authorization or justified cause.

10. Delay the dispatch of the parts of discharge, discharge or confirmation in case of temporary incapacity.

11. Eat during working hours, except in time spent on rest.

12. Failure to communicate, on a prior basis, the absence of work and not to justify within 24 hours the reason why, unless it is proved impossible to do so.

13. Do not warn your immediate boss of the defects of the material or the need for the material for the good development of the work.

14. Lack of respect and education in dealing with colleagues and lack of respect and incorrectness in the way of addressing superiors.

15. To be in the centre of work without authorization outside the working day, when the company has expressly established it.

16. Non-compliance with safety and hygiene standards when they do not involve personal or material risks.

17. Any other of such nature.

Article 57. Serious fouls.

The following are serious faults:

1. More than three fouls of punctuality per month, not justified.

2. To miss two days of work for a period of thirty days without justified cause.

3. A lack of work not justified, when you have to relieve a partner.

4. Surrender to games or the like, whatever they are, being of service.

5. The simulation of illness or accident.

6. Disobedience to superiors in any matter of work. If the disobedience implies a manifest breach of the work or of the work of the company, it is considered as a very serious fault.

7. Any intentional alteration or falsification of personal or work data relating to the worker himself or his colleagues.

8. Sleep during the working day.

9. Attitudes or behaviour that degrade the good image of workers in the sector or in the company.

10. There is a lack of respect or consideration for the public.

11. Important neglect in the preservation and cleaning of tools, tools and means of protection that require it.

12. To carry out without the appropriate permission special works during the day, as well as to employ for own tools or materials of the company without the opportune authorization.

13. The abandonment of the job, without justified cause, which causes damages to the company or may be cause of accident of his companions.

14. Drunkenness or drug addiction during work when it is not usual, or out of the same wearing company uniform.

15. The voluntary decrease in normal work performance.

16. Offend by word or by threats to a partner or a subordinate.

17. To climb the vehicles without proper authorization; to allow the drivers to go up the unauthorized workers, or to climb and to get down from them in march without a justified cause or force majeure.

18. To advise or encourage workers to breach their duties, in the absence of any unlawful alterations or to achieve their objective, except where they exercise constitutionally protected rights.

19. Do not pay due diligence or care in the work entrusted, which may be at risk or prejudice to some consideration for the worker himself, his colleagues, the company or third parties.

20. Failure to comply with orders or non-compliance with safety and hygiene rules at work, where they pose a risk to the worker, his or her colleagues or third parties, as well as to refuse the use of the means of safety provided by the company, or misuse thereof.

21. Gross negligence or recklessness in the development of the activity entrusted to it.

22. Do not immediately warn your bosses of any anomaly, breakdown or accident that you observe in the premises, machinery or premises, as well as to conceal or distort such information.

23. To introduce or facilitate access to the workplace to unauthorised persons.

24. Serious negligence in the preservation of materials or machines, where the worker is responsible for such conservation.

25. The recidivism in minor faults that would have been sanctioned, even if they are of different nature, committed in the previous trimester, except the faults of punctuality.

26. Simulate the presence of another employee by any means.

27. The repeated lack of grooming and personal cleansing.

28. Extend the justified absences for longer than necessary.

29. Non-compliance with safety and hygiene standards when they do not involve personal or material risks.

30. The alteration or permuse of shifts or jobs without authorization from the hierarchical superior.

31. Allege false reasons for obtaining licenses or advances.

32. Do not reflect the incidents that occurred in the service in the corresponding road map and do not complete the same.

33. All others of such a nature.

Article 58. Very serious fouls.

The following are considered to be very serious:

1. More than ten non-attendance failures in a period of six months or twenty for a year.

2. To miss work more than two days for a period of thirty days without justified cause.

3. Fraud, disloyalty or abuse of trust in the job.

4. The conviction for theft, theft or malfeasance committed within or outside the company, which may involve a lack of confidence for the company and, in any case, those of a duration of more than six years.

5. To remove, disable or cause damage to materials, tools, tools, machinery, installations, buildings, articles, documents, or any other object of the company.

6. Smoking in dangerous or flammable places.

7. Intentionally violate the secret of the correspondence or the reserved documents of the company, its workers or the trade union representations.

8. Habitual drunkenness or drug addiction if they have a negative impact on work.

9. Failure to comply with this Convention in respect of professional discretion.

10. Unfair competition.

11. Ill-treatment of words or work or serious misconduct of respect and consideration to superiors, companions or subordinates.

12. The abandonment of the job without justification when it causes serious harm to the company or cause of accident for the worker, his or her colleagues or third parties.

13. Inexcusable recklessness or negligence, as well as the failure to comply with safety and hygiene rules at work that cause serious risk of an accident at work, injury to colleagues or third parties or damages to the company.

14. The abuse of authority by the ostente.

15. The voluntary and continuous decrease in the normal performance of the work.

16. Continued or persistent disobedience.

17. Acts developed at or outside the workplace during the performance of the service, which are constitutive of crime.

18. Cause frequent squabbles and pendences with coworkers.

19. The recidivism in serious misconduct, even if it is of a different nature, within the last six months, provided that it has been subject to sanction.

20. Incitement to workers to breach their employment obligations, when even partially, meet their objectives, except where they exercise constitutionally protected rights.

21. Order gifts of any kind for the company's services.

22. The faults of such a nature.

Article 59. Limitation of offences and offences.

Minor faults will be prescribed at ten days, the serious ones at twenty days and the very serious ones at the age of sixty days, from the date on which the company became aware of its commission, and, in any case, six months after the task.

Article 60. Sanctions. Application.

The penalties that companies may impose, depending on the severity and circumstances of the misconduct, will be as follows:

1. For minor fouls:

Verbal admonition.

Admonition in writing.

Suspension of employment and salary of one or two days.

2. For serious faults:

Suspension of employment and salary of three to ten days.

3. For very serious faults:

Suspension of employment and salary from eleven to sixty days.

Dismissal.

The application and graduation of the sanctions will take into account the greater or lesser degree of responsibility of the person who commits the fault, as well as the impact of the fact on the other workers and the company.

Prior to the imposition of penalties for serious or very serious misconduct for workers who have the status of a legal or trade union representative, they will be instructed to find a contradictory file by the company, in which shall be heard, in addition to the person concerned, other members of the representation to which it belongs, if any.

Companies will write down the sanctions imposed on them in the labor files of their workers.

In those cases where the company intends to impose a penalty for serious or very serious misconduct for workers affiliated to a trade union, it must, on a prior basis, give a hearing to the trade union delegate, if any.

The valuation of the faults and the penalties imposed by the company will be reviewed in the competent jurisdiction.

All penalties shall be communicated in writing to the worker, except for verbal admonition. The written notice shall contain at least: the name of the worker, the date of the document, the facts of the absence, the date of his commission, the qualification of the fault and the penalty imposed.

CHAPTER XIII

Trade union rights

Article 61. Of the workers ' representatives.

The Enterprise Committees, the Staff Delegates and the Trade Union Delegates will have the powers, rights and obligations set forth for them by the Organic Law on Freedom of Association, by the Workers ' Statute and by the collective agreements that apply to it.

Article 62. From the trade unions.

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

Trade unions are basic and consumable elements in order to face through them the necessary relations between the workers and the entrepreneurs. All this without demerit of the privileges conferred by the law, and developed in the present agreements, to the representatives of the workers. The provisions of the collective agreements, the individual agreements and the unilateral decisions of the employer which contain or entail any discrimination in employment or in employment shall be null and void, without effect, working conditions, whether favourable or adverse, by reason of accession or not to a trade union, to their agreements or to the exercise in general of trade union activities.

Article 63. Of the trade union action.

a) Workers affiliated to a trade union may be at the workplace or workplace:

1. Constitute trade union sections, in accordance with the provisions of the statutes of the union.

2. To hold meetings, after notification to the employer, to collect quotas and distribute trade union information, outside the working hours and without disturbing the normal activity of the company.

3. Receive the information sent to you by your union.

(b) The trade union sections of the most legally representative trade unions and of those with representation in the Enterprise Committee or with Staff Delegates shall have the following rights:

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

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

3. The use of a suitable premises in which they can carry out their activities, in those enterprises or workplaces with more than 250 workers.

Article 64. Of the union charges.

1. Those who hold elective office at the provincial, regional or state level in the most legally representative trade union organizations will be entitled to:

(a) A compulsory surplus, with the right to reserve the job and to the calculation of seniority for the duration of the exercise of its representative office, and must be reintegrated into his post within the month following that of the date of termination.

(b) to the assistance and access of the centres of employment to participate in the functions of their trade union or of all the workers, after communication to the employer and without the exercise of their right of to interrupt the normal development of the production process.

(c) In the enjoyment of the unpaid leave necessary for the development of the union's own functions, it is possible to establish by agreement the necessary limitations to the enjoyment of the same in function of the needs of the production process.

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

3. The trade union organizations which, being more representative at the regional level in the company, as established by the Organic Law of Freedom of Association, have obtained more than 35 per 100 of the votes in the election to the Committee of Enterprise and have Union delegate, shall have for the latter of the credit of monthly hours legally established, increased in ten hours per month, provided that there is no accumulation of the credit schedule of any legal representative of the workers of the said union at the center.

Article 65. From the Committees of Company and Delegates of Personnel.

The Business Committee and the Staff Delegates are the collective and unit representatives of the workers in the workplace or the company. They have the function of defending the interests of the workers, as well as the negotiation and representation of the workers before the employer.

Staff Delegates and members of the Business Committee shall have jurisdiction, in the legally established terms, in the following matters:

a) Work contracts.

b) Collective bargaining.

c) Remuneration systems.

d) Occupational health.

e) Professional classification.

f) Functional and geographical mobility.

g) Crisis and employment regulation issues.

h) Disciplinary measures.

i) Strike.

j) Knowledge of the accounting balances that the company officially issues.

k) And those rights and guarantees contained in the legislation in force.

Article 66. Union quota.

At the request of the workers-affiliated to the trade unions or unions, the company will discount in the monthly payroll of the workers the amount of the corresponding union quota. The worker involved in carrying out such an operation shall forward to the management of the undertaking a letter stating clearly the order for the discount, the amount and its periodic update, the central or union to which it belongs, and as the account number to which the corresponding amounts are to be transferred.

The company will carry out the following actions, unless otherwise indicated during the period of carry-over years.

The company will liquidate monthly with the corresponding union the transfer of the quotas, as established in this article.

Article 67. Anti-union practices.

When one of the signatory parties understood that, in accordance with the provisions of Articles 12 and 13 of the Organic Law on Freedom of Association, acts that could be classified as anti-union acts may be obtained, protection of the right to the competent jurisdiction, through the process of judicial protection of the fundamental rights of the person.

Additional disposition first.

The parties to this Convention express their support for the 1993-1996 National Continuing Training Agreement for their proper functioning in our sector, and we therefore consider it important to renew them, and we invite you to do so. to the parties that formed it, further deepening the need for continuous training at work to continue in a process of specialisation to increase the competitiveness of companies.

Additional provision second.

Occupational Health: Once the new labour health legislation enters into force, a Commission will be formed to draw up an annex to this Convention adapted to this legislation. The Commission shall be equal.

First transient disposition.

In the case of bi-party or tripartite interconfederal agreements whose contents affect the provisions of this Collective Agreement, the Joint Committee of the Convention will be convened to study and decide on the matters which are affected by such agreements.

Second transient disposition.

Those collective agreements or agreements of a lower scope concluded prior to the entry into force of this General Convention and valid for more than three years shall comply with the obligation laid down therein to specify in their text the system by which they are effectively coming in matter of antiquity and/or extraordinary gratifications.

In such cases, the said obligation binds the Joint Commissions of the Collective Agreements concerned or, failing that, to the Committees of Enterprise or Personnel Delegates, together with the management of the company, signatories of the pact.

Final disposition.

This General Convention of the Public Cleaning Sector. Viaria, Riegos, Collection, Treatment and Disposal of Waste and Cleaning and Conservation of Sewerage completely replaces the Ordinance of the same name, approved by Order of 1 December 1972, which will not apply from of the entry into force of this General Convention. All of this under the second transitional provision of Law 8/1980 of 10 March of the Staff Regulations.