The final provision of Law 42/1994, of December 30, of fiscal, administrative, and social order measures, authorizes the Government to prepare, within three months of the entry into force of the Law, a text recast of Law 8/1980 of 10 March of the Staff Regulations, incorporating the amendments introduced by the Staff Regulations as well as those made by the legal provisions which it lists.

Likewise, the final provision of Law 4/1995, of March 23, of regulation of parental and maternity leave, orders to include in the recast text the modifications made by it produced in the Workers ' Statute.

In its virtue, on the proposal of the Minister of Labor and Social Security, after obtaining the opinion of the Economic and Social Council and the report of the General Council of the Judiciary, according to the State Council and prior deliberation of the Council of Ministers at its meeting on 24 March 1995,

D I S P O N G O:

Single item.

The recast text of the Law on the Workers ' Statute is approved, which is inserted below.

Single end disposition.

This Royal Legislative Decree and the recast text it approves will enter into force on May 1, 1995.

Dado en Madrid a 24 de marzo de 1995.

JOHN CARLOS R.

The Minister of Labour and Social Security,

JOSE ANTONIO GRINAN MARTINEZ

ANNEX

Recast text of the Workers ' Statute Act

INDEX

TITLE I

From the individual work relationship

CHAPTER I

General provisions

SECTION 1. SCOPE AND SOURCES

Article 1. Scope of application.

Article 2. Special-character employment relationships.

Article 3. Sources of the employment relationship.

SECTION 2 BASIC LABOR RIGHTS AND DUTIES

Article 4. Labour rights.

Article 5. Job duties.

SECTION 3 ITEMS AND EFFECTIVENESS OF THE WORK CONTRACT

Article 6. Work of the minors.

Article 7. Ability to hire.

Article 8. Form of contract.

Article 9. Validity of the contract.

SECTION 4. WORKING CONTRACT MODES

Article 10. Common job and group contract.

Article 11. Training contracts.

Article 12. Part-time contract and replacement contract.

Article 13. Contract of work at home.

CHAPTER II

Job Contract Content

SECTION 1. DURATION OF CONTRACT

Article 14. Test period.

Article 15. Duration of the contract.

Article 16. Income to work.

SECTION 2. RIGHTS AND DUTIES ARISING FROM THE CONTRACT

Article 17. Non-discrimination in industrial relations.

Article 18. Inviolability of the worker's person.

Article 19. Safety and hygiene.

Article 20. Management and control of work activity.

Article 21. Non-concurrency and permanence pact in the company.

SECTION 3 PROFESSIONAL CLASSIFICATION AND PROMOTION

IN THE JOB

Article 22. Professional classification system.

Article 23. Promotion and vocational training at work.

Article 24. Promotions.

Article 25. Economic promotion.

SECTION 4. SALARY AND SALARY GUARANTEES

Article 26. Of the salary.

Article 27. Minimum interprofessional salary.

Article 28. Equal pay for sex.

Article 29. Settlement and payment.

Article 30. Impossibility of delivery.

Article 31. Extraordinary rewards.

Article 32. Salary guarantees.

Article 33. The Wage Guarantee Fund.

SECTION 5. TIME OF WORK

Article 34. Day.

Article 35. Overtime.

Article 36. Night work, shift work and pace of work.

Article 37. Weekly rest, parties and permits.

Article 38. Annual leave.

CHAPTER III

Contract modification, suspension, and extinction

work

SECTION 1. FUNCTIONAL AND GEOGRAPHIC MOBILITY

Article 39. Functional mobility.

Article 40. Geographical mobility.

Article 41. Substantial changes to working conditions.

SECTION 2. COLLATERAL FOR EMPLOYER CHANGE

Article 42. Corporate responsibility in case of sub-contracts of works or services.

Article 43. Assignment of workers.

Article 44. The succession of business.

SECTION 3. CONTRACT SUSPENSION

Article 45. Causes and effects of the suspension.

Article 46. Excess.

Article 47. Suspension of the contract for economic, technical, organizational or production reasons or derived from force majeure.

Article 48. Suspension with job reservation.

SECTION 4. CONTRACT EXTINCTION

Article 49. Termination of the contract.

Article 50. Extinction by the worker's will.

Article 51. Collective redundancy.

Article 52. Termination of the contract for objective reasons.

Article 53. Form and effects of extinction by objective causes.

Article 54. Disciplinary dismissal.

Article 55. Form and effects of disciplinary dismissal.

Article 56. Unfair dismissal.

Article 57. Payment by the State.

CHAPTER IV

Workers ' Faults and Sanctions

Article 58. Workers ' faults and penalties.

CHAPTER V

Prescription deadlines

SECTION 1. LIMITATION OF ACTIONS ARISING FROM THE CONTRACT

Article 59. Prescription and expiration.

SECTION 2. PRESCRIPTION OF INFRACTIONS AND FAULTS

Article 60. Prescription.

TITLE II

Of rights of collective representation

and workers ' meeting at the company

CHAPTER I

The right of collective representation

Article 61. Participation.

SECTION 1. REPRESENTATIVE ORGANS

Article 62. Staff delegates.

Article 63. Business committees.

Article 64. Competencies.

Article 65. Professional capacity and stealth.

Article 66. Composition.

Article 67. Promotion of elections and electoral mandate.

Article 68. Guarantees.

SECTION 2. ELECTION PROCEDURE

Article 69. Choice.

Article 70. Vote for Delegates.

Article 71. Choice for the Enterprise Committee.

Article 72. Representatives of those who provide services in discontinuous fixed work and non-permanent workers.

Article 73. Election table.

Article 74. Functions of the table.

Article 75. Voting for Delegates and Enterprise Committees.

Article 76. Claims on election matters.

CHAPTER II

The Meeting Right

Article 77. The workers ' assemblies.

Article 78. Meeting place.

Article 79. Call.

Article 80. Votes.

Article 81. Local and bulletin board.

TITLE III

From negotiation and collective agreements

CHAPTER I

General provisions

SECTION 1. NATURE AND EFFECTS OF CONVENTIONS

Article 82. Concept and effectiveness.

Article 83. Trading units.

Article 84. Concurrency.

Article 85. Content.

Article 86. Effective.

SECTION 2. LEGITIMIZATION

Article 87. Legitimization.

Article 88. Negotiating committee.

CHAPTER II

Procedure

SECTION 1 PROCESSING, APPLICATION, AND INTERPRETATION

Article 89. Processing.

Article 90. Validity.

Article 91. Application and interpretation.

SECTION 2. ACCESSION AND EXTENSION

Article 92. Adhesion and extension.

TITLE IV

Labor Violations

CHAPTER I

General provisions

Article 93. Concept.

Article 94. Minor infractions.

Article 95. Serious infringements.

Article 96. Very serious infringements.

CHAPTER II

extra law

Article 97. Penalties.

Additional disposition first. Promotion of the indefinite procurement of contracts in practice and learning.

Additional provision second. Training contracts concluded with disabled workers.

Additional provision third. Programmes to promote employment.

Additional provision fourth. Remuneration concepts.

Additional provision fifth. Senior management staff.

Additional provision sixth. Institutional representation of employers.

Additional provision seventh. Conditions regulation by activity branch.

Additional disposition octave. Job code.

Additional provision ninth. Reintegrable advances.

Additional provision 10th. Maximum age limit for work.

Additional provision eleventh. Accreditation of representative capacity.

Additional disposition twelfth. Preads.

Additional disposition thirteenth. Non-judicial solution of conflicts.

Additional disposition fourteenth. Replacement of surplus workers with child care.

First transient disposition. Learning contracts.

Second transient disposition. Contracts concluded before 8 December 1993.

Transitional provision third. Contracts concluded before 24 May 1994.

Transitional disposition fourth. Enforcement of regulatory provisions.

Transient disposition fifth. Validity of rules on days and breaks.

Transitional disposition sixth. Work ordinances.

Transitional disposition seventh. Extinctions prior to 12 June 1994.

Transient disposition octave. Elections to workers ' representatives.

transient disposition ninth. Institutional participation.

Transient disposition tenth. Temporary incapacity for work and temporary invalidity.

Transient disposition eleventh. Leave of absence due to the care of children before 13 April 1995.

Single repeal provision.

Final disposition first. Self-employed work.

Final disposition second. National Consultative Commission on Collective Agreements.

Final disposition third. Rules for the application of Title II.

Final disposition fourth. Type of contribution to the Wage Guarantee Fund.

Final disposition fifth. Development provisions.

TITLE I

From the individual work relationship

CHAPTER I

General provisions

SECTION 1. SCOPE AND SOURCES

Article 1. Scope of application.

1. This Law shall apply to workers who voluntarily provide their services as an employed person and within the scope of organisation and management of another person, whether natural or legal, or called an employer or employer.

2. For the purposes of this Law, employers shall be all persons, natural or legal, or communities of property which receive the provision of services of the persons referred to in the previous paragraph, as well as persons hired to be transferred to business users by legally constituted temporary work enterprises.

3. They are excluded from the scope governed by this Law:

(a) The service relationship of civil servants, which shall be governed by the Staff Regulations, as well as that of staff at the service of the State, local Corporations and autonomous public entities, when, under an Act, such a relationship is regulated by administrative or statutory rules.

b) Mandatory personal benefits.

(c) The activity which is limited, pure and simply, to the mere performance of the position of adviser or member of the administrative bodies in undertakings which review the legal form of a company and provided that its activity in the undertaking only behave in the performance of tasks inherent in such a charge.

d) Jobs performed in friendship, benevolence, or good neighbourliness.

(e) Family work, unless the condition of employees of those who carry out the work is demonstrated. They shall be regarded as family members, for such purposes, provided that they live with the employer, spouse, descendants, ascendants and other relatives by consanguinity or affinity, up to and including the second degree and, where appropriate, by adoption.

(f) The activity of persons involved in commercial transactions on behalf of one or more employers, provided that they are personally obliged to respond to the good end of the operation by taking the risk and the same.

g) In general, any work that is carried out in relation development other than that defined in paragraph 1 of this article.

For such purposes, the activity of the service providers of the transport service shall be excluded from the scope of the labour service under the administrative authorisations for which they are the holders, carried out, by means of the corresponding price, with commercial vehicles of public service whose ownership or direct power of disposal is held, even if such services are carried out on a continuous basis for the same charger or marketer.

4. Spanish labour law will apply to the work provided by Spanish workers employed in Spain at the service of Spanish companies abroad, without prejudice to the rules of public order applicable in the workplace. Such workers shall have at least the economic rights which they would be entitled to work on Spanish territory.

5. For the purposes of this Law, the productive unit with a specific organization, which is discharged, as such, is considered to be a work center before the labor authority.

In the activity of work at sea, the vessel shall be considered as a working centre, being situated in the province where it radiuses its base port.

Article 2. Special-character employment relationships.

1. Special character employment relationships shall be considered:

(a) The senior management staff not included in Article 1.3.c).

b) The family home service.

c) That of penados in prison institutions.

d) The professional sportsmen.

e) The artists in public shows.

f) People who are involved in business operations on behalf of one or more entrepreneurs without taking the risk and venture of those.

(g) The disabled workers who provide their services in the special centres of employment.

(h) The port stowers providing services through State-owned companies or those subject to the same functions as those in the ports managed by the Autonomous Communities.

i) Any other work that is expressly declared as a special employment relationship by a law.

2. In all cases mentioned in the previous paragraph, the regulation of such industrial relations shall respect the basic rights recognized by the Constitution.

Article 3. Sources of the employment relationship.

1. The rights and obligations concerning the employment relationship are regulated:

(a) By the laws and regulations of the State.

b) By collective agreements.

(c) By the will of the parties, expressed in the contract of employment, being their lawful object and without in any event being able to establish to the detriment of the worker conditions less favourable or contrary to the provisions legal and collective agreements previously expressed.

d) For local and professional uses and customs.

2. The laws and regulations shall be applied strictly in accordance with the principle of normative hierarchy. The regulatory provisions shall develop the precepts which lay down the rules of higher rank, but may not lay down working conditions other than those laid down by the laws to be developed.

3. The conflicts arising between the provisions of two or more labour standards, both state and agreed, which must in any event respect the minimum necessary rights, shall be resolved by applying the most favourable conditions for the worker. appreciated as a whole, and in annual computation, with respect to quantifiable concepts.

4. Uses and customs shall only apply in the absence of legal, conventional or contractual provisions, unless they have an express receipt or referral.

5. Workers shall not be entitled, before or after their acquisition, to the rights which they have recognised by law of necessary legal provisions. They shall also not validly dispose of the rights recognised as unavailable by collective agreement.

SECTION 2 BASIC LABOR RIGHTS AND DUTIES

Article 4. Labour rights.

1. Workers have as basic rights, with the content and scope for each of them their specific regulations, those of:

a) Work and free choice of profession or trade.

b) Free syndication.

c) Collective bargaining.

d) Adoption of collective conflict measures.

e) Strike.

f) Meeting.

g) Participation in the company.

2. In the working relationship, workers are entitled:

a) To effective occupation.

b) To professional promotion and training at work.

c) Not to be discriminated against for employment, or once employed, for reasons of sex, marital status, by age within the limits marked by this Law, race, social status, religious or political ideas, affiliation or not to a union, as well as for language, within the Spanish State.

Nor may they be discriminated against on the grounds of physical, mental and sensory decreases, provided that they are in a position to perform the work or employment in question.

d) To their physical integrity and proper security and hygiene policy.

e) To the respect of their privacy and to the consideration due to their dignity, including protection against verbal or physical offenses of a sexual nature.

f) To the timely perception of the agreed or legally established remuneration.

g) To the individual exercise of the actions derived from your work contract.

h) How many others are specifically derived from the work contract.

Article 5. Job duties.

Workers have basic duties:

a) Meet the specific obligations of your job, in accordance with the rules of good faith and diligence.

b) Observe the health and safety measures to be taken.

c) Fulfill the orders and instructions of the employer in the regular exercise of his or her directives.

d) Do not compete with the activity of the company, in the terms set out in this Law.

e) Contribute to improved productivity.

(f) How many of the respective employment contracts are derived, where appropriate.

SECTION 3 ITEMS AND EFFECTIVENESS OF THE WORK CONTRACT

Article 6. Work of the minors.

1. Admission to work is prohibited for children under the age of 16.

2. Workers under the age of 18 will not be able to carry out night work or activities or jobs which the Government, on a proposal from the Ministry of Labour and Social Security, after consultation with the trade unions representative, declare unhealthy, painful, harmful or dangerous, both for their health and for their professional and human training.

3. Special hours are prohibited for children under the age of eighteen.

4. The intervention of children under 16 years of age in public shows shall be authorised only in exceptional cases by the labour authority, provided that it does not endanger their physical health or their professional and human training; the permit must be a written record and for certain acts.

Article 7. Ability to hire.

You can hire the benefit of your job:

(a) Those who are fully capable of acting in accordance with the provisions of the Civil Code.

(b) Children under eighteen and over sixteen years of age, who live independently, with the consent of their parents or guardians, or with the consent of the person or institution that holds them.

If the legal representative of a person of limited capacity expressly or tacitly authorizes it to carry out a job, it is also authorized to exercise the rights and fulfill the duties arising from its contract and for cessation.

c) Foreigners, in accordance with the provisions of the specific legislation on the subject.

Article 8. Form of contract.

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

2. Contracts of employment shall be entered in writing on the basis of a legal and, in any case, practices and learning arrangements, part-time contracts, work-to-home contracts, contracts for the execution of a contract, and work or service, as well as those of workers employed in Spain at the service of Spanish companies abroad. Contracts shall also be written in writing for a given period of more than four weeks. In the absence of such a requirement, the contract shall be presumed to be concluded on a full-time basis and for an indefinite period, unless proof to the contrary that its temporary nature or the part-time nature of the services is accredited.

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

In order to check the adequacy of the content of the contract to the current legality, this basic copy will contain all the data of the contract except for the number of the national identity document, the address, the civil state and any other that, according to the Organic Law 1/1982, of May 5, could affect personal privacy.

The basic copy shall be delivered by the employer, within a period not exceeding ten days from the formalisation of the contract, to the legal representatives of the employees, who shall sign it for the purposes of accrediting that it has been produced. the delivery. This basic copy will then be sent to the employment office. Where there is no legal representation of workers, basic copy must also be completed and sent to the employment office.

In contracts subject to the obligation of registration at the National Employment Institute, the basic copy shall be sent, together with the contract, to the employment office. In the remaining cases, the basic copy shall be sent exclusively.

b) Representatives of the Administration, as well as those of the trade union organisations and business associations, who have access to the basic copy of the contracts by virtue of their membership of the institutional participation which regulates such faculties, will observe professional secrecy, and cannot use such documentation for purposes other than those that motivated their knowledge.

4. Either party may require the contract to be formalised in writing, even during the course of the employment relationship.

5. Where the employment relationship is longer than four weeks, the employer must inform the worker in writing, in the terms and time limits laid down in regulation, of the essential elements of the contract and the principal conditions for the performance of the labour supply, provided that such elements and conditions are not included in the written contract of work.

Article 9. Validity of the contract.

1. If only part of the work contract is void, it shall remain valid for the remainder, and shall be deemed to be completed with the appropriate legal provisions in accordance with the provisions of the third paragraph of this Law.

If the worker has been assigned special conditions or remuneration under consideration in the non-valid part of the contract, the competent jurisdiction which at the request of a party declares the nullity shall make the (i) a statement of reasons for the existence or deletion of all or part of such conditions or remuneration.

2. In the event that the contract is void, the worker may, for the work he has already provided, require the remuneration for a valid contract.

SECTION 4. WORKING CONTRACT MODES

Article 10. Common job and group contract.

1. If the employer gives a joint work to a group of its employees, it shall retain its rights and duties in respect of each individual.

2. If the employer has concluded a contract with a group of workers in its entirety, he shall not be entitled to the rights and duties which he or she is responsible for. The head of the group shall hold the representation of the members, in response to the obligations inherent in that representation.

3. If the worker, as agreed in writing, will associate an assistant or assistant to his or her work, the employer of the worker will also be an assistant.

Article 11. Training contracts.

1. The contract of work in practice may be concluded with those in possession of a university degree or professional training of a medium or higher degree, or officially recognised as equivalent qualifications, which they enable for the financial year professional, within four years immediately following the completion of the corresponding studies, according to the following rules:

(a) The job position must enable the appropriate professional practice to be obtained at the level of studies completed.

(b) The duration of the contract may not be less than six months or exceed two years, within the limits of which collective agreements at sectoral level may determine the duration of the contract, taking into account the characteristics of the contract. of the industry and practices to be performed.

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

(d) Except as provided for in collective agreement, the probationary period may not exceed one month for contracts in practice concluded with workers who are in possession of a medium degree or two months for the purposes of the contract. contracts in practices concluded with workers who are in possession of a higher degree.

e) The remuneration of the worker shall be that fixed in collective agreement for the trainee, without, failing that, it may be less than 60 or 75 per 100 during the first or second year of the term of the contract, respectively, of the salary fixed in agreement for a worker who performs the same or equivalent job.

(f) If at the end of the contract the worker is incorporated without a continuity solution to the company, a new trial period cannot be arranged, with the duration of the practices for the purpose of seniority in the company being computed.

2. The learning contract shall aim at the acquisition of the theoretical and practical training necessary for the proper performance of a qualified job or job and shall be governed by the following rules:

(a) It may be concluded with workers aged 16 and over and under 25 years of age who do not have the required qualification to formalise a contract. The age limit will not apply when the contract is reached with a disabled worker.

(b) The maximum number of apprentices that enterprises may contract on the basis of their workforce will be determined.

(c) The duration of the contract may not be less than six months or exceed three years, unless by collective agreement at sectoral level different durations are fixed, taking into account the specificities of the sector and the job to perform.

d) The maximum duration of the apprenticeship contract will be exceeded, no worker may be hired under this mode by the same or different company.

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

e) Time spent on theoretical training should be alternated with those of effective work, or concentrate on the terms to be set out in the relevant collective agreement or, failing that, in the contract of employment, without the overall time corresponding to that time may be less than 15 per 100 of the maximum day provided for in collective agreement.

When the apprentice has not completed the educational cycles included in the compulsory education, the theoretical training will have an immediate objective to complete this education.

The effective work of the worker in the enterprise must be related to the tasks of the occupational level or craft object of learning.

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

Companies which fail to fulfil their obligations in relation to theoretical training must pay the worker, in the form of compensation, an amount equal to the difference between the salary received by the worker, the time of theoretical training agreed in the contract, and the minimum inter-professional salary or the agreed collective agreement, without prejudice to the sanction that may be imposed in accordance with the provisions of Article 95 (6) of this Law.

(f) The remuneration of the apprentice shall be that fixed in collective agreement, without, failing that, it may be less than 70, 80 or 90 per 100 of the minimum inter-professional salary during, respectively, the first, the second or the the third year of the term of the contract, except as otherwise provided for in accordance with the time spent on theoretical training. However, the remuneration of apprentices under the age of 18 may not be less than 85 per 100 of the minimum inter-professional salary corresponding to their age.

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

h) In the case of incorporation of the data subject into the company without a continuity solution, this article shall be as set out in paragraph 1 (f).

Article 12. Part-time contract and replacement contract.

1. A worker shall be deemed to be a part-time contract when he provides services for a number of hours per day, a week, a month or a year, which is less than that in the activity in question in those periods of time.

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

The part-time contract shall be deemed to be concluded for an indefinite period of time when it is designed to carry out fixed and periodic works within the normal volume of business of the undertaking. Those who provide services in works that have the character of discontinuous fixed and do not repeat themselves on certain dates will be called in the order and the form to be determined in the respective collective agreements, the worker being able, in the case of non-compliance, claim in dismissal proceedings before the competent jurisdiction, starting the deadline for this from the moment that they were aware of the lack of convocation.

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

To determine the periods of contribution and calculation of the social security benefits regulatory base, including unemployment protection, the hours worked shall be calculated exclusively. The form of calculation of the number of trading days payable, equivalent to the usual daily working day in the activity in question, as well as the periods in which they are to be included, shall be determined.

They will have the consideration of extraordinary hours for all purposes, including Social Security, for every hour of work performed on the workday agreed in the work contract.

In the case of workers whose provision of services is less than 12 hours a week or forty-eight hours per month, in which account all employers for whom the worker provides services shall be taken into account In the case of accidents at work lower than those referred to above, social protection rights shall include only the contingencies of accidents at work and occupational diseases, health care for common contingencies, economic performance corresponding to the periods of maternity leave and the Wage Guarantee Fund.

For the purposes of calculating the above mentioned weekly or monthly limit, in cases where the irregular distribution of the working day has been agreed, except for discontinuous fixed work, for the calculation of the 12 hours to the the week or forty-eight hours per month shall be at the rate of the proportion, taking into account the annual working day, or the time of the duration of the contract if the duration is lower than the year, in the activity in question.

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

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

Article 13. Contract of work at home.

1. The contract of employment shall be considered to be in the place where the provision of the work is carried out at the place of residence of the worker or at the place freely chosen by him and without the employer's supervision.

2. The contract shall be formalised in writing with the visa of the employment office, where a copy of the contract is lodged, including the place where the work is carried out, in order to enable the necessary hygiene and health measures to be required. security to be determined.

3. The salary, whatever the form of his or her fixation, shall be at least equal to that of an equivalent professional category worker in the economic sector concerned.

4. Any employer who occupies home workers must make available to them a document for the control of the work carried out, in which the name of the worker, the class and the quantity of work, the quantity of materials premiums, agreed rates for the setting of salary, delivery and receipt of processed items and how many other aspects of the employment relationship are of interest to the parties.

5. Workers at home may exercise the rights of collective representation in accordance with the provisions of this Law, except in the case of a family group.

CHAPTER II

Job Contract Content

SECTION 1. DURATION OF CONTRACT

Article 14. Test period.

1. A probationary period may be entered in writing, subject to the limits of the duration which, where appropriate, are laid down in the collective agreements. In the absence of a pact in the Convention, the duration of the probationary period may not exceed six months for qualified technicians or two months for other workers. In undertakings of less than twenty-five employees, the probationary period may not exceed three months for workers who are not qualified technicians.

The entrepreneur and the worker are, respectively, required to perform the experiences that constitute the object of the test.

The pact that establishes a test period will be null when the worker has already performed the same functions previously in the company, under any mode of hiring.

2. During the probationary period, the worker shall have the rights and obligations corresponding to the job he or she carries out as a template, except those arising from the termination of the employment relationship, which may occur at the request of the worker. of either party during its course.

3. After the trial period without the withdrawal of the contract, the contract will have full effects, with the time of the services provided in the company's seniority in the company.

Situations of temporary incapacity, maternity, and adoption or acceptance, which affect the worker during the probationary period, interrupt the computation of the worker whenever agreement is reached between the two parties.

Article 15. Duration of the contract.

1. The employment contract may be concluded for an indefinite period or for a specified duration.

Fixed duration contracts can be concluded in the following assumptions:

(a) When the worker is hired to carry out a particular work or service. Collective agreements may identify those works or tasks with a substantial nature within the normal business of the undertaking which may be covered by contracts of this nature.

(b) Where market circumstances, accumulation of tasks or excess orders so require, even in the case of normal business activity. In such cases, contracts may have a maximum duration of six months, within a period of 12 months, from the date on which such causes occur. The maximum duration of these contracts or the period within which they may be carried out in consideration of the seasonal nature of the activity in which such circumstances may occur may be modified by a sectoral collective agreement.

(c) In the case of replacement of workers with the right to reserve the job, provided that the name of the replacement and the cause of substitution are specified in the employment contract.

d) When it comes to launching a new activity. In this case, the duration of the contracts may not exceed three years, and may be extended by agreement between the parties for periods not less than the minimum periods laid down in their case.

2. They shall acquire the status of fixed workers, irrespective of the manner in which they were employed, who would not have been discharged into the social security system after a period of time equal to that which they had been able to set for the proof period, except that the nature of the activities or the services contracted is clearly shown to be the temporary duration of the activities, without prejudice to the other responsibilities to which it may be held.

3. Temporary contracts concluded in law fraud shall be presumed for an indefinite period.

4. Employers shall notify the legal representation of employees in undertakings of contracts made in accordance with the arrangements for the time specified in this Article where there is no legal obligation. to deliver basic copy of the same.

5. The Government is authorised to develop regulations as provided for in this Article.

Article 16. Income to work.

1. Employers are obliged to register at the public employment office within 10 days of their consultation, the contracts to be concluded in writing or to communicate, in the same period, the contracts made, even if they do not there is a legal obligation to formalise them in writing.

2. The existence of placement agencies for profit is prohibited. The Public Employment Service may authorise, subject to the conditions laid down in the relevant cooperation agreement and prior to the report of the General Council of the National Institute of Employment, the existence of non-profit-making agencies. (a) a profit, provided that the remuneration received from the employer or the worker is limited solely to the costs incurred for the services provided. Such agencies must ensure, in their field of action, the principle of equal access to employment, not being able to establish discrimination based on reasons of race, sex, age, marital status, religion, political opinion, affiliation trade union, origin, social status and language within the State.

SECTION 2. RIGHTS AND DUTIES ARISING FROM THE CONTRACT

Article 17. Non-discrimination in industrial relations.

1. The provisions of collective agreements, individual agreements and unilateral decisions of the employer which contain unfavourable discrimination on grounds of age or where they are not applicable shall be construed as null and void. contain favourable or adverse discrimination in employment, as well as in the case of remuneration, working time and other working conditions due to circumstances of sex, origin, marital status, race, social status, religious or political ideas, accession or not to trade unions and their agreements, ties of relationship with other workers in the company and language within the Spanish State.

2. Exclusions, reservations and preferences may be established by law to be freely engaged.

3. By way of derogation from the above paragraph, the Government may regulate the reserve, duration or preference in employment measures which are intended to facilitate the placement of workers who are demanding employment.

When temporary hiring is used as a measure of employment promotion, the duration of the contract may not exceed three years. The termination of these contracts shall entitle the economic compensation to be established.

The government will also be able to provide grants, allowances and other measures to encourage the use of specific groups of unemployed workers who encounter special difficulties in accessing employment. The regulation of these will be made after consultation with the most representative trade union organisations and associations.

Article 18. Inviolability of the worker's person.

Records may be made only on the person of the worker, in his lockers and particular effects, when they are necessary for the protection of the business and other employees of the company, within the working and working hours. In its implementation, the dignity and the privacy of the worker will be respected to the maximum and will be provided with the assistance of a legal representative of the workers or, in his absence from the job centre, of another worker of the company, provided that this is possible.

Article 19. Safety and hygiene.

1. The worker, in the provision of his services, shall be entitled to effective protection in the field of safety and hygiene.

2. The worker is obliged to observe in his work the laws and regulations of safety and hygiene.

3. In the inspection and control of such measures which are enforced by the employer, the worker has the right to participate by means of his legal representatives in the workplace, if he does not have organs or centres specialised in the field under the legislation in force.

4. The employer is obliged to provide practical and appropriate training in the field of safety and hygiene for workers who are employed, or when they are changing jobs or who have to apply a new technique which can cause serious risks. for the worker himself or for his or her colleagues or third parties, either with own services or with the intervention of the corresponding official services. The worker is obliged to follow these teachings and to carry out the practices when they are held within the working day or in other hours, but with the discount on that time spent on them.

5. The internal organs of the undertaking responsible for safety and, failing that, the legal representatives of the workers in the workplace, who appreciate a serious and serious probability of accident because of the failure to comply with the legislation applicable in this field, shall require the employer in writing to take appropriate measures to remove the risk status; if the request is not addressed within four days, they shall be addressed to the competent authority; If you appreciate the circumstances alleged, by way of resolution, you will require the employer to take appropriate security measures or to suspend its activities in the area or place of work or the material in danger. You may also order, with precise technical reports, the immediate cessation of work if an accident is estimated to be serious.

If the risk of accident is imminent, the cessation of the activities may be agreed upon by decision of the competent organs of the company in the field of safety or by the seventy five per 100 of the representatives of the workers in companies with discontinuous processes and their totality in those whose process is continuous; such an agreement shall be communicated immediately to the undertaking and to the labour authority, which, within 24 hours, shall cancel or ratify the agreed standstill.

Article 20. Management and control of work activity.

1. The worker shall be obliged to carry out the work agreed under the management of the employer or person in whom the employer is delegated.

2. In the performance of the obligation to work assumed in the contract, the worker owes to the employer the diligence and collaboration in the work that mark the legal provisions, the collective agreements and the orders or instructions adopted by that in the regular exercise of its powers of management and, in its absence, by the uses and customs. In any event, the worker and the employer shall be subject to the requirements of good faith in their reciprocal benefits.

3. The employer may take the measures he considers to be more appropriate for supervision and control in order to verify compliance by the worker with his duties and duties, keeping in his adoption and application the consideration due to his or her dignity. and taking into account the actual capacity of the diminished workers, if any.

4. The employer may verify the condition of sickness or accident of the worker who is alleged by the employer to justify his failure to attend work, by way of recognition by medical staff. The refusal of the worker to such recognition may determine the suspension of the economic rights which may be imposed by the employer in respect of such situations.

Article 21. Non-concurrency and permanence pact in the company.

1. The employment performance of a worker may not be carried out for a number of employers where unfair competition is considered or when full dedication is agreed upon by express economic compensation, in terms of which they are agreed.

2. The non-compete agreement for after the end of the contract of employment, which may not be longer than two years for technicians and six months for other workers, shall be valid only if the following conditions are met:

(a) That the employer has an effective industrial or commercial interest in it, and

b) That the worker is satisfied with adequate economic compensation.

3. In the case of economic compensation for full dedication, the worker may terminate the agreement and recover his or her freedom of work in another job, communicating it in writing to the employer with a period of notice of thirty days, economic compensation or other rights attached to full dedication.

4. Where the worker has received a professional specialization from the employer to initiate certain projects or to carry out a specific job, the person may be able to remain in that undertaking for a certain period of time. The agreement shall not be longer than two years and shall be formalised in writing. If the worker leaves the job before the deadline, the employer shall be entitled to compensation for damages.

SECTION 3 PROFESSIONAL CLASSIFICATION AND PROMOTION AT WORK

Article 22. Professional classification system.

1. By collective bargaining or, failing that, agreement between the undertaking and the workers ' representatives, the system of professional classification of workers shall be established, by means of categories or professional groups.

2. The term 'professional group' means a group of professional qualifications, qualifications and general content of the benefit, and may include both different occupational categories and different functions or specialties. professionals.

3. A professional category shall be understood to be equivalent to another category where the professional competence necessary for the performance of the functions of the former is capable of developing the basic working performance of the second, prior to implementation, if necessary, of simple processes of training or adaptation.

4. The criteria for defining categories and groups shall be in accordance with common rules for workers of one sex and another.

5. By agreement between the worker and the employer is

shall establish the content of the work supply subject to the contract of employment, as well as its equivalent to the category, professional group or level of remuneration provided for in the collective agreement or, failing that, of application in the company, which corresponds to that benefit.

When functional multipurpose is agreed upon or the performance of functions of two or more categories, groups or levels, the equalization shall be performed by virtue of the functions that are prevalent.

Article 23. Promotion and vocational training at work.

1. The worker shall be entitled:

(a) In the enjoyment of the necessary permits to attend examinations, as well as a preference to choose work shift, if such is the regime established in the company, when curse regularly studies to obtain a academic or professional qualifications.

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

2. The terms of the exercise of these rights shall be agreed in collective agreements.

Article 24. Promotions.

1. Promotions within the system of professional classification shall be produced in accordance with what is established in agreement or, failing that, in collective agreement between the undertaking and the representatives of the employees.

In any case the promotions will be produced taking into account the training, merits, seniority of the worker, as well as the organizational faculties of the entrepreneur.

2. The promotion criteria in the company will accommodate common rules for workers of one and another sex.

Article 25. Economic promotion.

1. The worker, on the basis of the work carried out, may be entitled to an economic promotion in terms of collective agreement or individual contract.

2. The provisions of the preceding number are without prejudice to the rights acquired or in the course of acquisition in the relevant temporary tranche.

SECTION 4. SALARY AND SALARY GUARANTEES

Article 26. Of the salary.

1. All the economic perceptions of workers, whether in cash or in kind, by the professional provision of the employment services, shall be deemed to be paid, whether they pay for the actual work, whatever the form of remuneration, or periods of rest, which can be used as work. In no case shall the salary in kind exceed 30 per 100 of the worker's wage perceptions.

2. No consideration shall be given to the salary of the sums paid by the worker in respect of compensation or to the costs incurred as a result of his work, the benefits and benefits of the Social Security and compensation for transfers, suspensions or redundancies.

3. By collective bargaining or, failing that, the individual contract, the structure of the salary, to be understood by the basic salary, shall be determined as remuneration fixed per unit of time or work and, where appropriate, salary supplements fixed in the light of circumstances relating to the personal conditions of the worker, the work carried out or the situation and the results of the undertaking, which shall be calculated in accordance with the criteria to be agreed. The consolidated or non-consolidated character of such salary supplements shall also be agreed, not having the character of consolidables, unless otherwise agreed, those linked to the job or the situation and results of the undertaking.

4. All the tax and social security charges paid by the worker will be met by the worker, with no pact to the contrary.

5. It shall operate compensation and absorption where the wages actually paid, as a whole and annual calculation, are more favourable to workers than those set out in the standard or conventional reference order.

Article 27. Minimum interprofessional salary.

1. The Government shall, after consultation with the most representative trade union organisations and business associations, annually, the minimum inter-professional salary, taking into account:

a) The consumer price index.

b) The national average productivity achieved.

c) The increase in the participation of work in national income.

d) The general economic conjuncture.

A half-yearly review will also be set for the case that forecasts of the quoted price index are not met.

The revision of the inter-professional minimum wage will not affect the structure or the amount of professional salaries when they, as a whole and annual computation, are higher than that.

2. The minimum inter-professional salary, in its amount, is inembargable.

Article 28. Equal pay on grounds of sex.

The employer is obliged to pay for the provision of equal-value work the same salary, both on the basis of salary and salary supplements, without any discrimination on grounds of sex.

Article 29. Settlement and payment.

1. The settlement and payment of the salary shall be made on a timely and complete basis on the date and place agreed upon or in accordance with the customs and customs. The period of time referred to in the payment of regular and regular remuneration may not exceed one month.

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

The salary documentation shall be made by delivery to the worker of an individual receipt and proof of payment. The receipt of salaries shall be in accordance with the model approved by the Ministry of Labour and Social Security, except by collective agreement or, failing that, by agreement between the company and the workers ' representatives, another model shall be established. it contains, with due clarity and separation, the different perceptions of the worker, as well as the deductions that are legally applicable.

The settlement of wages corresponding to those who provide services in works that have the character of discontinuous fixed assets, in the case of the conclusion of each period of activity, shall be carried out subject to the formalities and guarantees provided for in Article 49 (2

.

2. The right to pay to commission shall be incurred at the time of the business, placement or sale in which the worker has intervened, settling and paying, unless otherwise agreed upon, at the end of the year.

The worker and his legal representatives may at any time request communications from the part of the books concerning such accruals.

3. The default interest in paying the salary will be ten percent of the due.

4. The salary, as well as the delegated payment of the benefits of the Social Security, may be effected by the employer in legal tender or by means of a heel or other similar payment method through credit institutions, after having informed the committee of company or staff delegates.

Article 30. Impossibility of delivery.

If the worker is unable to provide his/her services once the contract is in force because the employer will delay in giving him/her work for impediments attributable to the worker and not the worker, the worker will retain the right to his/her salary, without can be made to compensate for the one lost with another job done in another time.

Article 31. Extraordinary rewards.

The worker is entitled to two extraordinary bonuses per year, one of them on the occasion of the Christmas holidays and the other in the month to be fixed by collective agreement or by agreement between the employer and the representatives legal workers. The amount of such consideration shall also be fixed by collective agreement.

However, it may be agreed in collective agreement that the extraordinary rewards are prorated in the twelve monthly allowances.

Article 32. Salary guarantees.

1. The payment appropriations for the last 30 days of work and in amounts not exceeding twice the minimum inter-professional salary shall be preferred over any other claim, even if this is guaranteed by a pledge or a mortgage.

2. The wage credits shall preferably enjoy any other claim in respect of the objects made by the workers, while they are owned or held by the employer.

3. Claims for wages not covered by the preceding paragraphs shall be uniquely privileged in the amount resulting from multiplying the threefold of the inter-branch minimum wage by the number of days of salary outstanding. payment, preferably enjoying any other claim, except for claims in real law, in the cases where they, in accordance with the Law, are preferential. The same consideration shall be made for redundancy payments in the amount corresponding to the legal minimum calculated on a basis not exceeding three times the minimum wage.

4. The preferences recognised in the preceding numbers shall apply both in the case where the employer has initiated a court-supervised procedure or in any other proceedings in which he or she is engaged in other or other claims relating to the goods in question. employer.

5. The actions which may be taken by workers for the recovery of the appropriations referred to in this Article shall not be suspended by the processing of a court-supervised procedure.

6. The period for exercising the rights of preference of the wage credit is one year, from the moment the salary was collected, after which they will prescribe such rights.

Article 33. The Wage Guarantee Fund.

1. The Salarial Guarantee Fund, a self-governing body under the Ministry of Labour and Social Security, with legal personality and capacity to act for the purpose of fulfilling its objectives, shall pay the workers the amount of outstanding salaries. payment due to insolvency, suspension of payments, bankruptcy or competition of creditors of the business owners.

To the above effects, the amount recognized as such in the act of conciliation or in judicial resolution for all the concepts referred to in Article 26.1, as well as the additional compensation for the processing wages which, if appropriate, is agreed by the competent jurisdiction, without the Fund being able to pay, for one or the other, jointly or separately, an amount exceeding the amount resulting from the doubling of the minimum wage daily interprofessional for the number of days of salary outstanding, with a maximum of one hundred and twenty days.

2. The Salarial Guarantee Fund, in the cases referred to in the preceding paragraph, shall pay compensation recognised as a result of a judgment or administrative decision in favour of workers on the grounds of dismissal or termination of contracts in accordance with the Articles 50 and 51 of this Law, with the maximum limit of an annuity, without the daily wage, the basis of the calculation, being able to exceed the double of the interprofessional minimum wage.

The amount of compensation, to the sole effect of payment by the Guarantee Fund for the cases of dismissal or termination of contracts under Article 50 of this Law, will be calculated on the basis of twenty-five days per year of service, with the limit set in the previous paragraph.

3. In the case of proceedings, from the moment when the existence of work credits is known or the possibility of their existence is presumed, the Judge, on his own initiative or at the request of a party, shall cite the Salarial Guarantee Fund, without the requirement of which the obligations referred to in the preceding paragraphs shall not be met. The Fund shall be placed in the file as a subsidiary legal officer for the payment of the said credits, and may be required to do so as appropriate and without prejudice to the fact that, once it has been carried out, it continues as a creditor in the file.

4. The Fund shall assume the obligations specified in the preceding numbers, subject to the instruction of the file for verification of its provenance.

For the reimbursement of the amounts satisfied, the Salarial Guarantee Fund shall be subrogated in the rights and actions of the workers, retaining the character of the privileged credits conferred on them by the article 32 of this Law. If such claims are in place with which the workers may be kept by the Fund, some and all of them shall be paid in proportion to their respective amounts.

5. The Salarial Guarantee Fund shall be financed by contributions made by all the employers referred to in Article 1 (2) of this Law, whether they are public or private.

The rate of contribution shall be fixed by the Government on the basis of the salaries used for the calculation of the contribution to meet the contingencies arising from accidents at work, occupational disease and unemployment in the System of Social Security.

6. For the purposes of this article, it is understood that there is insolvency of the employer when, at the time of the execution in the form established by the Law of Labor Procedure, no satisfaction of the labor credits is achieved. The decision on the insolvency declaration shall be issued after hearing of the Salarial Guarantee Fund.

7. The right to apply for the Salarial Guarantee Fund payment of the benefits resulting from the preceding paragraphs shall be prescribed for the year of the date of the act of conciliation, judgment or resolution of the labour authority in which the debt for wages or compensation shall be fixed.

Such a period shall be interrupted by the exercise of the executive or credit recognition actions in the insolvency proceedings and by the other legal forms of interruption of the prescription.

8. In undertakings of less than twenty-five employees, the Salarial Guarantee Fund shall pay 40 per 100 of the statutory allowance for workers whose employment relationship has been extinguished as a result of the file instructed in application of Article 51 of this Law or the cause provided for in paragraph (c) of Article 52.

The calculation of the amount of this credit shall be made on the allowances adjusted to the limits provided for in paragraph 2 of this Article.

9. The Salarial Guarantee Fund shall be considered as part of the processing of the arbitral proceedings, in order to assume the obligations provided for in this article.

SECTION 5. TIME OF WORK

Article 34. Day.

1. The duration of the working day shall be that agreed in the collective agreements or contracts of employment.

The maximum duration of the ordinary working day will be forty hours of weekly average working hours on an annual basis.

2. By collective agreement or, failing that, by agreement between the company and the employees ' representatives, the irregular distribution of the day may be established during the year. Such distribution must in any event respect the minimum daily and weekly rest periods provided for in this Law.

3. Between the end of a day and the beginning of the next day, at least twelve hours will be measured.

The number of ordinary working hours may not exceed nine per day, except by collective agreement or, failing that, agreement between the company and the workers ' representatives, the distribution of the daily working time, while respecting the rest between days.

Workers under the age of 18 will not be able to carry out more than eight hours of effective daily work, including, where appropriate, the time spent on training and, if they work for several employers, the hours spent each of them.

4. Provided that the duration of the continuous daily working day exceeds six hours, a rest period shall be established for the duration of the day not less than 15 minutes. This rest period shall be considered as effective working time when it is established or established by collective agreement or contract of employment.

In the case of workers under the age of 18, the rest period shall be at least thirty minutes, and must be established provided that the duration of the continuous daily working day exceeds four hours and average.

5. The working time will be computed in such a way that both at the beginning and at the end of the day the worker is in his job.

6. An annual work schedule shall be drawn up by the company and a copy of the work calendar must be displayed in a visible place in each working centre.

7. The Government, acting on a proposal from the Minister for Labour and Social Security and after consulting the most representative trade unions and employers ' organisations, may establish extensions or limitations on the organisation and duration of the working day and of the breaks, for those sectors and jobs that for their peculiarities so require.

Article 35. Overtime.

1. Special hours shall be considered for working hours on the maximum duration of the ordinary working day, fixed in accordance with the previous article. By collective agreement or, failing that, an individual contract, the overtime shall be paid in the amount to be fixed, which shall in no case be less than the value of the ordinary hour, or compensate for equivalent times of paid rest. In the absence of a pact in this respect, it shall be understood that overtime shall be compensated by rest within four months of its completion.

2. The number of overtime may not exceed 80 per year, except as provided for in paragraph 3 of this Article. For workers who, in the form or duration of their contract, conduct a day on an annual basis less than the general day in the undertaking, the annual maximum number of overtime shall be reduced by the same proportion as there is between such days.

For the purposes of the preceding paragraph, no overtime shall be taken into account which has been compensated by rest within four months of its completion.

The government may abolish or reduce the maximum number of overtime hours determined, in general or for certain branches of activity or territorial areas, in order to increase the opportunities for workers in forced unemployment.

3. For the purposes of the maximum duration of the ordinary working day, for the purposes of calculating the maximum number of authorised overtime, the excess of those worked to prevent or repair claims and other damage shall not be taken into account. extraordinary and urgent, without prejudice to their compensation as overtime.

4. The provision of overtime work shall be voluntary, unless its performance has been agreed in collective agreement or individual contract of employment, within the limits of paragraph 2 of this Article.

5. For the purposes of calculating overtime, the working day of each worker shall be recorded on a daily basis and shall be aggregated in the period laid down for the payment of the remuneration, giving the worker a copy of the summary of the receipt.

Article 36. Night work, shift work and pace of work.

1. For the purposes of the provisions of this Law, night work is considered to be carried out between ten at night and six in the morning. The employer who regularly makes use of night work must inform the working authority of this.

The working day of night workers may not exceed eight hours a day on average, in a reference period of 15 days. Such workers shall not be able to perform overtime.

For the purposes of applying the foregoing paragraph, a night worker shall be deemed to be a night worker who normally performs at night a part of not less than three hours of his daily working day, as well as to the person who it is foreseen that it can carry out in such a period not less than one third of its annual working day.

The provisions of Article 34 (7) of this Law shall apply to the provisions of the second subparagraph. The Government may also establish additional limitations and guarantees as provided for in this Article for the conduct of night work in certain activities or for certain categories of workers, in the light of the risks they behave for their health and safety.

2. Night work shall have specific remuneration to be determined in collective bargaining, unless the salary has been established on the basis that the work is night by its nature or the compensation of the latter has been agreed. work for breaks.

3. It is considered work in shifts in all forms of organization of teamwork according to which the workers successively occupy the same jobs, according to a certain rhythm, continuous or discontinuous, involving for the worker the necessity of provide their services at different times within a specified period of days or weeks.

In companies with continuous production processes during the twenty-four hours of the day, in the organization of the shift work will be taken into account the rotation of the same and that no worker will be in the night more than two consecutive weeks, except voluntary membership.

Companies which, by the nature of their activity, carry out work on a shift basis, including Sundays and public holidays, may do so either by teams of workers who carry out their activities for a full week, or by hiring staff to complete the necessary equipment for one or more days a week.

4. Night workers and those working in shifts must at all times enjoy a level of health and safety protection adapted to the nature of their work, including appropriate protective and preventive services, and equivalent to those of the remaining employees of the company.

The employer must ensure that the night workers in charge have a free assessment of their health, prior to their involvement in night work and subsequently at regular intervals, in terms of set out in the specific legislation in this field. Night workers who are recognised as having health problems linked to the fact of their night work shall have the right to be assigned to a day job which exists within the undertaking and for which they are professionally fit. The change of job shall be carried out in accordance with the provisions of Articles 39 and 41, where applicable, of this Law.

5. The employer who organizes the work in the company according to a certain rhythm must take into account the general principle of adapting the work to the person, especially in order to attenuate the monotonous and repetitive work according to the type of (a) the activity and the requirements for the safety and health of workers. Such requirements shall be particularly taken into account when determining periods of rest during the working day.

Article 37. Weekly rest, parties and permits.

1. Workers shall be entitled to a minimum weekly rest period of up to 14 days, of a continuous day and a half, which shall, as a general rule, comprise the afternoon of Saturday or, where appropriate, the morning of Monday and the full day of the day of Sunday. The duration of the weekly rest of the children under eighteen years shall be at least two days uninterrupted.

The provisions of Article 34 (7) as regards extensions and reductions, as well as for the establishment of alternative rest arrangements for specific activities, will be applied to the weekly rest period.

2. The work parties, which shall be remunerated and not recoverable, shall not exceed fourteen per year, two of which shall be local. In any case they will be respected as parties of national scope those of the Nativity of the Lord, New Year, May 1, as Feast of Work, and October 12, as National Festival of Spain.

Respecting those expressed in the previous paragraph, the Government may transfer to the Mondays all the parties of national scope that take place between week, being, in any case, object of transfer to the Monday immediately after the work rest for the parties that coincide with Sunday.

The Autonomous Communities, within the annual limit of fourteen public holidays, will be able to point out those parties that are by tradition their own, replacing the national ones that will be determined regulatively and, in all cases, those that are transferred to Monday. They may also make use of the transfer option to Monday provided for in the preceding paragraph.

If any Autonomous Community could not establish one of its traditional festivals by not coinciding with Sunday a sufficient number of national parties will be able, in the year so to occur, to add a more party, with character of recoverable, to the maximum of fourteen.

3. The worker, after warning and justification, may be absent from work, entitled to remuneration, for any of the reasons and for the following time:

a) Fifteen calendar days in case of marriage.

b) Two days in cases of child birth or serious illness or death of relatives up to a second degree of consanguinity or affinity. When, for that reason, the worker needs to make a move to the effect, the time limit shall be four days.

c) One day per move of the usual address.

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

When the performance of the duty referred to above involves the impossibility of the provision of the work due to more than twenty per cent of the working hours in a period of three months, the undertaking may pass to the worker the situation of surplus regulated in Article 40 (1) and six of this Law.

In the event that the worker, by virtue of the duty or the performance of the charge, receives compensation, the amount of the same salary shall be deducted from the salary to which he was entitled in the company.

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

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

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

Article 38. Annual leave.

1. The annual paid leave period, which is not substitutable for economic compensation, shall be the agreed collective agreement or individual contract. In no case shall the duration be less than 30 calendar days.

2. The period or periods of their enjoyment shall be fixed by common agreement between the employer and the worker, in accordance with the provisions laid down in the collective agreements on annual holiday planning.

In the event of disagreement between the parties, the competent jurisdiction shall set the date for the appropriate enjoyment and its decision shall be unfeasible. The procedure will be summary and preferred.

3. The holiday calendar will be fixed at each company. The worker will know the dates that correspond to him two months before, at least, the beginning of the enjoyment.

CHAPTER III

Modifying, suspending, and extinguishing the work contract

SECTION 1. FUNCTIONAL AND GEOGRAPHIC MOBILITY

Article 39. Functional mobility.

1. Functional mobility within the company will not have any other limitations than those required by academic or professional qualifications required to perform the work and the membership of the professional group. In the absence of definition of professional groups, functional mobility may be carried out between equivalent professional categories.

2. Functional mobility for the performance of functions not corresponding to the professional group or equivalent categories shall be possible only if there are technical or organisational reasons which justify it and for the time required for it. attention. In the case of entrustment of lower functions, the latter must be justified by the necessary or unforeseeable needs of the productive activity. The employer must communicate this situation to the employees ' representatives.

3. Functional mobility shall be carried out without prejudice to the dignity of the worker and without prejudice to his or her training and professional promotion, having the right to pay corresponding to the duties which he or she actually carries out, except in the case of (a) it is entrusted with lower duties, in which it shall maintain the remuneration of origin. It shall not be possible to invoke the causes of dismissal for the objective of excessive ineptitude or lack of adaptation in the case of performance of functions other than usual as a result of functional mobility.

4. If, as a result of functional mobility, functions are performed in excess of those of the professional group or of equivalent categories for a period of more than six months for one year or eight for two years, the worker may claim the promotion, if this does not preclude the provisions of collective agreement or, in any case, the coverage of the vacancy corresponding to the functions carried out in accordance with the rules on promotions applicable in the undertaking, without prejudice to to claim the corresponding pay gap. These actions will be cumulative. Against the refusal of the undertaking, and after report of the committee or, where appropriate, of the staff delegates, the worker may claim before the competent jurisdiction.

By collective bargaining, periods other than those expressed in this article may be established for the purpose of claiming coverage of vacancies.

5. The change of functions other than the agreed ones not included in the assumptions provided for in this article will require the agreement of the parties or, failing that, the submission to the rules foreseen for the substantial modifications of the conditions of the or to which they have been established in collective agreement.

Article 40. Geographical mobility.

1. The transfer of workers who have not been recruited specifically to provide their services in companies with mobile or mobile work centres to a work centre other than the same undertaking requiring changes of residence will require the the existence of economic, technical, organisational or production reasons which justify it, or contracts relating to business activity.

It will be understood that the causes referred to in this article are met when the adoption of the proposed measures contributes to improving the situation of the company through a more adequate organization of its resources that favors their competitive position in the market or a better response to demand requirements.

The transfer decision must be notified by the employer to the worker, as well as to his legal representatives, at least thirty days before the date of their effectiveness.

Notified of the transfer decision, the worker will have the right to choose between the transfer, perceiving compensation for expenses, or the extinction of his contract, perceiving a compensation of twenty days of salary per year of service, prorating for months the periods of time less than one year and with a maximum of twelve monthly payments. The compensation referred to in the first case shall include both the own costs and the costs of the family members, in the terms agreed between the parties, which shall never be less than the minimum limits laid down in the conventions. collectives.

Without prejudice to the enforceability of the transfer within the aforementioned period of incorporation, the worker who has not opted for the termination of his contract will be displeased with the business decision, may challenge it before the competent jurisdiction. The judgment shall declare the transfer justified or unjustified and, in the latter case, shall recognise the right of the worker to be reinstated to the home working centre.

When, in order to circumvent the forecasts contained in the following paragraph of this Article, the company carries out transfers in successive periods of ninety days in number below the thresholds indicated therein, without new causes justifying such action, such new transfers shall be deemed to have been made in law fraud and shall be declared null and void.

2. The transfer referred to in the preceding paragraph shall be preceded by a period of consultation with the legal representatives of workers of a duration of not less than 15 days, when the whole of the work centre is affected, provided that (a) in the case of a worker, or where, without affecting the whole of the work centre, in a period of 90 days he or she understands a number of workers, at least:

a) Ten workers, in companies with fewer than 100 employees.

b) Ten percent of the number of workers in the company in those who occupy between one hundred and three hundred workers.

c) Thirty workers in companies occupying three hundred or more workers.

This consultation period should address the reasons behind the business decision and the possibility of avoiding or reducing its effects, as well as on the measures needed to mitigate its consequences for the affected workers.

The opening of the consultation period and the positions of the parties following their conclusion should be notified to the labour authority for their knowledge. During the consultation period, the parties shall negotiate in good faith with a view to reaching an agreement.

This agreement shall require the agreement of the majority of the members of the business committee or committees, of the staff delegates, if any, or of trade union representatives, if any, which, as a whole, represent the majority of those.

After the end of the consultation period, the employer shall notify the workers of his decision on the transfer, which shall be governed by all the provisions of paragraph 1 of this Article.

Notwithstanding the above paragraph, the employment authority, in the light of the positions of the parties and provided that the economic or social consequences of the measure so warrant, may order the extension of the the time limit for transposition referred to in paragraph 1 of this Article and the consequent cessation of the effectiveness of the shipment for a period of time, which may in no case be longer than six months.

Against the decisions referred to in this paragraph, it may be claimed in collective conflict, without prejudice to the individual action provided for in paragraph 1 of this Article. The interposition of the conflict will paralyse the processing of the individual actions initiated, until their resolution.

The agreement with the legal representatives of the workers in the period of consultation shall be without prejudice to the right of the workers concerned to the exercise of the option provided for in the fourth subparagraph of paragraph 1 of this Article. this article.

3. If by transfer one of the spouses changes residence, the other one, if he is a worker of the same company, will be entitled to the transfer to the same locality, if he has put in work.

4. For economic, technical, organizational or production reasons, or for contracts relating to business, the undertaking may make temporary displacements of its employees who require that they reside in a different population. from that of your usual address, paying, in addition to wages, travel expenses and allowances.

The worker must be informed of the posting in good time to the date of his/her effectiveness, which may not be less than five working days in the case of travel longer than three months; The worker shall be entitled to a leave of four working days at his home of origin for every three months of posting, without counting as such travel, the costs of which shall be borne by the employer.

Against the order of movement, without prejudice to its enforceability, the worker may have recourse to the same terms as provided for in paragraph 1 of this article for transfers.

Displacements for a period of three years in excess of twelve months shall, for all purposes, be treated as provided for in this Act for transfers.

5. The legal representatives of workers shall have priority to remain in the positions referred to in this Article.

Article 41. Substantial changes to working conditions.

1. The management of the undertaking, where there are proven economic, technical, organisational or production reasons, may agree to substantial changes in working conditions. They shall be considered to have substantial changes in working conditions, including those affecting the following subjects:

a) Workday.

b) Schedule.

c) Shift work regime.

d) The remuneration system.

e) The work and performance system.

(f) Functions, where they exceed the limits for functional mobility provided for in Article 39 of this Law.

It will be understood that the causes referred to in this article are met when the adoption of the proposed measures contributes to improving the situation of the company through a more adequate organization of its resources, which favors their competitive position in the market or a better response to demand requirements.

2. Substantial changes to working conditions may be of an individual or collective nature.

It is considered an individual modification of the working conditions that workers enjoy on an individual basis.

It is considered as a collective nature to modify those conditions recognized to workers by virtue of collective agreement or agreement or enjoyed by them under a unilateral decision of the employer of effects collectives. The amendment of the conditions laid down in the collective agreements covered by Title III of this Law may be produced only by agreement between the undertaking and the representatives of the employees and in respect of the matters to which it is refer to paragraphs (b), (c), (d) and (e) of the previous paragraph.

By way of derogation from the foregoing paragraph, the effects of the provisions of paragraph 4 of this Article, the functional and working time changes which are not to be considered as a collective character shall not be considered in any case affect, within a period of 90 days, a number of workers less than:

a) Ten workers, in companies with fewer than 100 employees.

b) Ten percent of the number of workers in the company in those who occupy between one hundred and three hundred workers.

c) Thirty workers, in companies that occupy three hundred or more workers.

3. The decision of a substantial change of working conditions of an individual character must be notified by the employer to the worker concerned and his legal representatives at least 30 days before the date of his/her effectiveness.

In the cases provided for in paragraphs (a), (b) and (c) of paragraph 1 of this Article, and without prejudice to Article 50 (1) (a), if the worker is harmed by the substantial modification, he shall have the right to the right to terminate his contract and to receive compensation of twenty days ' salary per year of service, for months, for the periods of less than one year and for a maximum of nine months.

Without prejudice to the enforceability of the modification within the time limit of effectiveness cited above, the worker who has not opted for the termination of his contract will be displeased with the business decision. challenge it to the competent jurisdiction. The judgment shall state the justified or unjustified amendment and, in the latter case, shall recognise the right of the worker to be replaced in his earlier conditions.

When in order to circumvent the forecasts contained in the following paragraph of this article, the company will make substantial changes to the working conditions in successive periods of ninety days in number less than the thresholds referred to in the last subparagraph of paragraph 2, without any new causes justifying such action, such new amendments shall be considered to have been made in law fraud and shall be declared null and void.

4. The decision of a substantial modification of working conditions of a collective nature shall be preceded by a period of consultation with the legal representatives of the workers of a duration of not less than 15 days. Such a period of consultation shall relate to the reasons for the business decision and the possibility of avoiding or reducing its effects, as well as the measures necessary to mitigate its consequences for the workers concerned.

During the consultation period, the parties must negotiate in good faith, with a view to reaching an agreement.

This agreement shall require the agreement of the majority of the members of the business committee or committees, of the staff delegates, if any, or of trade union representatives, if any, which, as a whole, represent the majority of those.

After the end of the consultation period, the employer shall notify the employees of his decision on the amendment, which shall take effect after the deadline referred to in paragraph 3 of this Article.

Against the decisions referred to in this paragraph, it may be claimed in collective conflict, without prejudice to the individual action provided for in paragraph 3 of this Article. The interposition of the conflict will paralyse the processing of individual actions initiated until their resolution.

The agreement with the legal representatives of the workers in the period of consultation shall be without prejudice to the right of the workers concerned to exercise the option provided for in the second subparagraph of paragraph 3 of this Article. Article.

5. In the case of transfers, the specific rules laid down in Article 40 of this Law shall apply.

SECTION 2. COLLATERAL FOR EMPLOYER CHANGE

Article 42. Corporate responsibility in case of sub-contracts of works or services.

1. Employers who hire or subcontract with others the performance of works or services corresponding to the activity of those employers must verify that the contractors are aware of the payment of the Social Security contributions. The effect will be obtained in writing, with the identification of the company concerned, a negative certification for the purposes of the Social Security General Treasury, which will have to make such certification inexcusably within thirty days. Unextendable. After this period, the applicant employer shall be exempt from liability.

2. The principal employer, except in the course of the period referred to above in respect of social security, and during the year following the termination of his contract, shall be liable in solidarity with the wage-nature obligations incurred by the subcontractors with their employees and those referred to the Social Security during the period of validity of the contract with the limit of what would correspond if they had been treated by their fixed staff in the same category or jobs.

There will be no liability for the acts of the contractor when the contracted activity relates exclusively to the construction or repair that a head of household may contract with respect to his dwelling, as well as owner of the work or industry does not contract its performance by reason of a business activity.

Article 43. Assignment of workers.

1. The hiring of workers to temporarily cede to another company may only be carried out through temporary work companies duly authorized in the terms that are legally established.

2. Employers, transferors and transferee, who infringe the provisions of the previous paragraph, shall be jointly and severally liable for their obligations to workers and to social security, without prejudice to other responsibilities, including penalties, which shall be carried out by such acts.

3. Workers subject to prohibited traffic shall have the right to acquire the condition of fixed, at their choice, in the transferring or transferee undertaking. The rights and obligations of the worker in the transferee undertaking shall be those which correspond under ordinary conditions to a worker who provides services in the same or equivalent job, but the age shall be counted from the start of the illegal assignment.

Article 44. The succession of business.

1. The change in the ownership of the company, the workplace or a self-employed productive unit will not extinguish the employment relationship itself, leaving the new employer subrogated in the rights and duties of the former. Where the change takes place by means of live acts, the transferor, and, failing that, the transferee, is obliged to notify the change to the legal representatives of the employees of the company transferred, both jointly and severally answering years of the work obligations arising prior to the transmission and which would not have been met.

2. The transferor and the transferee shall also respond jointly and severally to the obligations arising after the transfer, where the transfer was declared a crime.

SECTION 3. CONTRACT SUSPENSION

Article 45. Causes and effects of the suspension.

1. The employment contract may be suspended for the following reasons:

a) Mutual agreement of the parties.

(b) Those entered validly in the contract.

c) Temporary Incapacity of Workers.

d) Maternity of working women and adoption or reception of children under five years of age.

e) Compliance with military service or replacement social provision.

f) Representative public charge exercise.

g) Privation of the worker's freedom, as long as there is no conviction.

h) Suspension of pay and employment, for disciplinary reasons.

i) Force majeure.

j) Economic, technical, organizational or production causes.

k) Forcible exceding.

l) For the exercise of the right to strike.

m) Legal closure of the company.

2. The suspension exonerates the reciprocal obligations to work and remunerate the work.

Article 46. Excess.

1. The surplus may be voluntary or compulsory. The force, which will give the right to the preservation of the post and the calculation of the age of its validity, will be granted by the designation or election for a public office that makes it impossible to attend the work. The re-entry must be requested within the month following the end of the public office.

2. The worker with at least one year's seniority in the one-year-old company has the right to be granted the possibility of being on a voluntary basis for a period of not less than two years and no longer than five years. This right may only be exercised by the same worker again if four years have elapsed since the end of the previous leave.

3. Workers shall be entitled to a period of leave of absence, not exceeding three years, to take care of the care of each child, whether by nature or by adoption, from the date of birth of the child.

The successive children will be entitled to a new period of leave of absence which, if necessary, will end the one who will be enjoying themselves. When the parent and the parent work, only one of them can exercise this right.

The period in which the worker remains in a situation of leave in accordance with the provisions of this Article shall be computable for the purposes of seniority and the worker shall be entitled to attend vocational training courses, whose participation must be convened by the employer, in particular on the occasion of his/her reinstatement. During the first year you will be entitled to the reservation of your job. After that period the reserve shall be referred to a post of the same professional group or equivalent category.

4. They may also apply for their transition to the status of leave of absence within the undertaking for workers who perform trade union functions at a provincial or higher level for the duration of the exercise of their representative office.

5. Surplus worker retains only one right

preferred to reentry in vacancies of equal or similar category to yours that would have been or were produced in the company.

6. The situation of surplus may be extended to other collectively agreed assumptions, with the scheme and the effects provided there.

Article 47. Suspension of the contract for economic, technical, organizational or production reasons or derived from force majeure.

1. The employment contract may be suspended, at the initiative of the employer, for economic, technical, organisational or production reasons, in accordance with the procedure laid down in Article 51 of this Law and in its implementing rules, except for concerning the compensation, which shall not proceed.

The authorization of this measure will proceed when the documentation in the file is reasonably detached that such a temporary measure is necessary for the overcoming of a situation of a conjunctural character of the activity of the company.

In this case, the period referred to in Article 51 (4) of this Law, relating to the duration of the consultation period, will be reduced by half and the supporting documentation will be strictly necessary in the terms that are regulated to be determined.

2. Similarly, the employment contract may be suspended due to force majeure in accordance with the procedure laid down in Article 51.12 of this Law and regulations for development.

Article 48. Suspension with job reservation.

1. When the legal causes of suspension cease, the worker shall have the right to return to the post of reserved work, in all cases referred to in Article 45 (1), except those referred to in paragraphs (a) and (b) of that Article. paragraph and article, in which will be agreed upon.

2. In the case of temporary incapacity, the extinction of this situation with a declaration of permanent invalidity in the degrees of total permanent incapacity for the usual profession, absolute for all work or great invalidity, when, to judgment of the organ of qualification, the situation of incapacity of the worker is likely to be subject to review for improvement that allows his reinstatement to the job, the suspension of the employment relationship, with reserve of the for a period of two years from the date of the decision on which the Commission is to be permanent invalidity is declared.

3. In the case of suspension for the provision of military service or replacement social provision, representative public office exercise or union functions of a provincial or higher level, the worker must be reinstated within the maximum period of time. of thirty calendar days from cessation in service, office or function.

4. In the case of delivery, the suspension will last for sixteen uninterrupted weeks which can be extended by multiple births up to eighteen weeks. The period of suspension shall be distributed to the person concerned, provided that six weeks are immediately after the birth, and may make use of the father for the care of the child in the event of the death of the mother.

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

In the case of adoption, if the adopted child is less than nine months, the suspension shall be for a maximum duration of eight weeks, at the choice of the worker, either on the basis of the administrative or judicial decision of the (a) the right of establishment, or the right of the court or tribunal to adopt it. If the adopted child is older than nine months and under the age of five, the suspension will last for a maximum of six weeks. In the event that the parent and the parent work, only one of them can exercise this right.

SECTION 4. CONTRACT EXTINCTION

Article 49. Termination of the contract.

1. The contract of employment shall be extinguished:

a) By mutual agreement of the parties.

(b) For the reasons given validly in the contract unless they constitute abuse of the manifest right by the employer.

c) For the expiration of the agreed time or performance of the work or service subject to the contract.

fixed-term contracts which have a maximum duration of time, including contracts in practice and apprenticeship, concluded for a duration of less than the maximum legally established, shall be construed as automatically extended until such time when no complaint or express extension is made and the worker continues to provide services.

Expired maximum or completed duration of the work or service subject to the contract, if there is no complaint and will continue in the provision of work, the contract will be considered to be carried out tacitly for an indefinite period, with the exception of proof to the contrary that it accredits the temporary nature of the benefit.

If the fixed-term employment contract is longer than one year, the portion of the contract making the complaint is required to notify the other of the termination of the contract at a minimum of fifteen days ' notice.

d) By resignation of the worker, the notice indicating the collective agreements or the custom of the place must be mediated.

e) By death, great invalidity or permanent total or absolute invalidity of the worker, without prejudice to the provisions of Article 48.2.

f) By retirement of the worker.

g) By death, retirement in the cases provided for in the corresponding social security scheme, or incapacity of the employer, without prejudice to the provisions of Article 44, or by the termination of the legal personality of the

In the case of death, retirement or incapacity of the employer, the worker shall be entitled to the payment of an amount equal to one month's salary.

In cases of extinction of the legal personality of the contractor, the procedures of Article 51 of this Law must be followed.

h) By force majeure which makes it impossible for the provision of work to be definitively provided, provided that its existence has been duly established in accordance with Article 51 (12) of this Law.

i) By collective dismissal founded on economic, technical, organizational or production causes, provided that the latter has been duly authorized in accordance with the provisions of this Law.

j) By will of the worker, based on a contractual default of the employer.

k) By dismissal of the worker.

l) For legally sourced objective causes.

2. The employer, on the occasion of the termination of the contract, when notifying the workers of the complaint, or, where appropriate, notice of the termination of the contract, must accompany a proposal of the settlement document of the amounts due.

The worker may request the presence of a legal representative of the workers at the time of the signing of the receipt of the finiquito, stating in it the fact of his signature in the presence of a legal representative of the employees, as well as the worker has not made use of this possibility. If the employer prevents the representative from being present at the time of signature, the worker may make it on the receipt itself, for the appropriate purposes.

Article 50. Extinction by the worker's will.

1. They will be fair causes for the worker to apply for termination of the contract:

(a) Substantial changes in working conditions resulting in the loss of their professional training or in the detriment of their dignity.

b) The lack of payment or delayed delays in the payment of the agreed salary.

c) Any other serious breach of their obligations by the employer, other than the cases of force majeure, as well as the refusal of the employer to reintegrate the worker in his earlier working conditions into the cases provided for in Articles 40 and 41 of this Law, where a court judgment has declared the same unjustified.

2. In such cases, the worker shall be entitled to the compensation provided for the wrongful dismissal.

Article 51. Collective redundancy.

1. For the purposes of this Law, collective dismissal shall mean the termination of contracts of employment founded on economic, technical, organizational or production causes, where, in a period of 90 days, the extinction affects the less to:

a) Ten workers, in companies with fewer than 100 employees.

b) 10 per 100 of the number of workers in the company in those who occupy between one hundred and three hundred workers.

c) Thirty workers in companies occupying three hundred or more workers.

The causes referred to in this Article shall be understood to be present where the adoption of the proposed measures contributes, if the adducides are economic, to overcoming a negative economic situation of the undertaking or, if technical, organizational or production, to ensure the future viability of the company and of the employment in the same through a more adequate organization of the resources.

It shall also be understood as collective dismissal for the termination of employment contracts affecting the entire workforce, provided that the number of workers affected is higher than five, when the number of workers concerned is higher than five. produces as a result of the total cessation of its business activity based on the same causes above.

For the purposes of calculating the number of contract extinctions referred to in the first paragraph of this Article, account shall also be taken of any other produced in the reference period on the initiative of the employer in other reasons not inherent in the person of the worker other than those provided for in Article 49 (1) (c) of this Law, provided that their number is at least five.

When in successive periods of ninety days and in order to circumvent the forecasts contained in this article, the company will make extinctions of contracts under the provisions of Article 52, c) of this Law in a the number below the thresholds indicated, and without new causes justifying such action, such new extinctions shall be considered as law fraud, and shall be declared null and void.

2. The employer who intends to make a collective dismissal must apply for authorisation for the termination of employment contracts in accordance with the employment regulation procedure laid down in this Law and in its implementing rules. regulatory. The procedure shall be initiated by the application to the competent labour authority and the simultaneous opening of a period of consultation with the legal representatives of the workers.

The communication to the labour authority and the legal representatives of the workers must be accompanied by all the necessary documentation to prove the reasons behind the dossier and the justification of the measures adopt, in the terms that are regulated, to be determined.

The communication of the opening of the consultation period will be made by written by the employer to the legal representatives of the workers, a copy of which will be made, together with the request, to the employment authority.

3. If the application is received, the labour authority shall verify that the application meets the required requirements, requiring, if not, that the employer be under-healing within 10 days, with a warning that, if it does not do so, it shall be desisted from your request, with file of the actions.

The labour authority shall communicate the initiation of the file to the managing body of the unemployment benefit and shall obtain, as a mandatory requirement, the report of the Labour and Social Security Inspectorate on the reasons for the application. of the dossier, and how many others are needed to resolve the matter. The reports shall be evacuated within the period of 10 days and shall be held by the labour authority before the end of the period of consultation referred to in paragraphs 2 and 4 of this Article, who shall be incorporate the case after the case is completed.

If, during the processing of the file, the labor authority became aware that, on the part of the employer, measures are being taken that could render the result of any pronouncement ineffective, the latter may to obtain from the employer and the competent authorities the immediate cessation thereof.

When the extinction affects more than 50 per 100 of the workers, it will be realized by the businessman of the sale of the goods of the company, except those that constitute the normal traffic of the same, to the representatives legal workers and, likewise, the competent authority.

4. The consultation with the legal representatives of the employees, who shall have the status of an interested party in the processing of the employment regulation file, shall be of a duration not less than 30 calendar days, or 15 days in the case of of undertakings of less than 50 employees, and must deal with the reasons behind the file and the possibility of avoiding or reducing its effects, as well as on the measures necessary to mitigate its consequences for workers and to enable business project continuity and feasibility.

In any case, in the companies of fifty or more workers, a plan that provides for the measures outlined above must be accompanied by the documentation initiating the file.

During the consultation period, the parties must negotiate in good faith with a view to reaching an agreement.

Such an agreement shall require the agreement of the majority of the members of the committee or committees of undertakings, of the staff delegates where appropriate, or of trade union representatives, if any, as a whole, represent the majority of those.

At the end of the consultation period, the employer shall inform the employment authority of the outcome of the consultation period.

5. Where the period of consultation is concluded by agreement between the parties, the labour authority shall issue a decision within 15 calendar days authorising the termination of employment relations. If no express delivery has been made after that period, the extinguishing measure shall be deemed to be authorised in the terms referred to in the agreement.

By way of derogation from the preceding paragraph, if the labour authority appreciates, on its own initiative or at the request of a party, the existence of fraud, intent, coercion or abuse of law at the conclusion of the agreement, it shall forward it, with suspension the time limit for issuing a decision, to the judicial authority, for the purposes of its possible declaration of invalidity. Similarly, it will act when, on its own initiative or at the request of the managing body of the unemployment benefit, it considers that the agreement may have as its object the improper obtaining of the benefits by the workers concerned. lack of the motivating cause of the legal situation of unemployment.

6. Where the period of consultations is terminated without agreement, the labour authority shall give judgment, in whole or in part, by estimating or dismissing the business application. The decision shall be taken within 15 calendar days of the communication to the working authority of the conclusion of the consultation period; if no express statement has been made after that period, the following shall be understood as: extinguishing measure in the terms of the request.

The resolution of the labor authority will be motivated and consistent with the business application. The authorization shall proceed when the documentation in the file is reasonably detached that the measures proposed by the undertaking are necessary for the purposes referred to in paragraph 1 of this Article.

7. The legal representatives of the employees shall have priority to remain in the undertaking in the cases referred to in this Article.

8. Workers whose contracts are terminated in accordance with the provisions of this Article shall be entitled to compensation of 20 days ' salary per year of service, with periods of less than one year being extended for months, with a maximum of twelve mensualities.

9. The employees, through their representatives, may also request the opening of the file referred to in this Article, if it is reasonably presumed that the employer's failure to initiate the file may cause them to damages of impossible or difficult repair.

In such a case, the competent labour authority shall determine the actions and reports required for the resolution of the dossier, in compliance with the time limits provided for in this Article.

10. The employment regulation file for the alleged bankruptcy filing, where the syndicates would have agreed to the non-continuity of the business activity, or in other cases of cessation of the business of the company by virtue of decision The Court of Justice will be dealt with the sole effects of the access of the workers concerned to the legal situation of unemployment. This shall be without prejudice to the provisions of paragraphs 2 and 4 of this Article in respect of the period of consultation and the right to compensation referred to in paragraph 8.

11. In the case of a sale of the whole of the undertaking or of part of the undertaking, the provisions of Article 44 of this Law shall apply only if the goods sold include the necessary elements and by themselves sufficient to continue the business activity.

If, however, the concurrency of the previous assumption, the new entrepreneur decides not to continue or suspend the activity of the former, it must be based on record of employment regulation initiated to the effect.

12. The existence of force majeure, as a cause for the termination of employment contracts, must be established by the labour authority, irrespective of the number of the workers concerned, after the case has been dealt with in accordance with the provided in this section.

The file will be initiated upon request of the company, accompanied by the means of proof that it deems necessary and simultaneous communication to the legal representatives of the workers, who will have the condition of interested in the entire handling of the file.

The resolution of the labour authority shall be issued, in advance of the necessary actions and reports, within five days of the request, and shall have effect from the date of the event causing the force majeure.

The labour authority which finds the force majeure may agree that all or part of the compensation corresponding to the workers affected by the termination of their contracts is satisfied by the Guarantee Fund. Wage, without prejudice to the right of the employer to resarcirse.

13. As provided for in this Article, the provisions of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, in particular on resources, shall apply.

All the actions to be followed and the notifications to be made to the workers shall be carried out with the legal representatives of the workers.

14. The obligations of information and documentation provided for in this Article shall apply irrespective of whether the decision on collective redundancies has been taken by the employer or by the undertaking exercising control over it. Any justification by the employer based on the fact that the undertaking which took the decision has not provided the necessary information to it cannot be taken into consideration for that purpose.

Article 52. Termination of the contract for objective reasons.

The contract may be extinguished:

(a) By the ineptitude of the known worker or over-coming after their effective placement in the company. The ineptitude that existed prior to the performance of a trial period may not be alleged after such compliance.

(b) For lack of adaptation of the worker to the technical modifications operated at his/her job, where such changes are reasonable and have elapsed at least two months after the amendment was introduced. The contract shall be suspended for the time required and up to a maximum of three months, where the undertaking offers a course of conversion or further training by the official or competent body which enables it to carry out the contract. required adaptation. During the course, the worker will be paid the equivalent of the average salary he/she is receiving.

(c) Where there is an objectively accredited need to write down jobs for any of the causes provided for in Article 51.1 of this Law and in number less than that laid down therein. Workers ' representatives shall have priority to remain in the undertaking in the case referred to in this paragraph.

d) For work-assistance failures, still justified, but intermittent, that reach 20 per 100 of the working days in two consecutive months, or 25 per 100 in four discontinuous months within a period of twelve months, provided the absenteeism index of the total job center template exceeds 5 per 100 over the same time periods.

Not to be counted as non-attendance, for the purposes of the preceding paragraph, the absences due to legal strike for the duration of the same, the exercise of activities of legal representation of the workers, accident at work, maternity, leave and leave, sickness or non-work accident, where the discharge has been agreed by the official health services and lasts for more than 20 consecutive days.

Article 53. Form and effects of extinction by objective causes.

1. The adoption of the extinction agreement under the provisions of the foregoing Article requires compliance with the following requirements:

a) Written communication to the worker expressing the cause.

(b) To make available to the worker at the same time the delivery of the written communication, the compensation of 20 days per year of service, prorating for months the periods of time of less than one year and with a maximum of twelve mensualities.

When the extinguishing decision is based on Article 52 (c) of this Law, with a claim of economic cause, and as a result of such an economic situation, the compensation to which the worker is entitled cannot be made available to the worker. (a) the employer, in the form of written communication, may cease to do so, without prejudice to the right of the worker to require that his payment be made when the late decision is effective.

c) Concession of a period of notice of thirty days, computed from the delivery of the personal communication to the worker until the termination of the contract of employment. In the case referred to in Article 52 (c) of the notice, a copy shall be given to the legal representation of the workers for their knowledge.

2. During the period of notice, the worker, or his legal representative if it is a diminished person, shall be entitled, without loss of his remuneration, to a six-hour licence in order to seek new employment.

3. Against the late decision, it will be possible to use it as if it were disciplinary dismissal.

4. Where the employer does not comply with the requirements laid down in paragraph 1 of this Article or the late decision of the employer, he shall have as a motive any of the causes of discrimination prohibited in the Constitution or in the Law or Produced by violation of fundamental rights and public freedoms of the worker, the decision will be void, and the judicial authority must make such a declaration of its own motion. The non-grant of the notice shall not cancel the extinction, but the employer, irrespective of the other effects which he has obtained, shall be obliged to pay the salaries for that period. The subsequent observance by the employer of the unfulfilled requirements shall in no case constitute a remedy for the primitive extinguishing act, but shall constitute a new extinction agreement with effect from its date.

5. The classification by the judicial authority of the nullity, provenance or improvenance of the extinguishing decision will produce the same effects as those indicated for the disciplinary dismissal, with the following modifications:

(a) In the case of provenance, the worker shall be entitled to the allowance provided for in paragraph 1 of this Article, consolidating it from having received it, and shall be deemed to be unemployment due to the non-imputable.

(b) If the extinction is declared inappropriate and the employer proceeds to take back, the worker shall be reintegrated with the compensation received. In case of replacement of the readmission by economic compensation, the amount of such compensation shall be deducted.

Article 54. Disciplinary dismissal.

1. The employment contract may be terminated by decision of the employer, by dismissal based on a serious and guilty breach of the worker.

2. Contractual defaults shall be considered:

a) Repeated and unjustified faults of assistance or punctuality to work.

b) Indiscipline or disobedience at work.

c) Verbal or physical offenses to the employer or to persons working in the company or to family members living with them.

d) The transgression of good contractual faith, as well as the abuse of trust in the performance of work.

e) Continuous and voluntary decrease in normal or agreed performance of work.

f) Usual drunkenness or drug addiction if they have a negative impact on the job.

Article 55. Form and effects of disciplinary dismissal.

1. The dismissal shall be notified in writing to the worker, including the facts which motivate him and the date on which it shall have effect.

Other formal requirements for dismissal may be laid down by collective agreement.

When the worker is the legal representative of the workers or union delegate, the opening of the contradictory file will proceed, in which the other members of the representation will be heard, in addition to the interested party. belong, if any.

If the worker is affiliated with a trade union and the employer will find him, he must give prior hearing to the union delegates of the union section corresponding to the union.

2. If the dismissal is carried out in accordance with the above paragraph, the employer may make a new dismissal in which he meets the requirements set out in the preceding paragraph. Such a new dismissal, which shall only take effect from its date, shall only be effected within 20 days from the date of the first dismissal. The employer shall make available to the worker the wages accrued in the intervening days, while at the same time keeping them on the high level of social security.

3. Dismissal will be qualified as coming, improper, or null.

4. Dismissal shall be deemed to have been made when the employer's failure to comply with his letter of communication has been established. It shall be otherwise inappropriate or where in its form it shall not comply with the provisions of paragraph 1 of this Article.

5. It shall be null and void for the dismissal of any of the causes of discrimination prohibited in the Constitution or the Law, or for violation of fundamental rights and public freedoms of the worker.

6. The null dismissal shall have the effect of the immediate readmission of the worker, with payment of the wages left to be paid.

7. Termination of the contract shall validate the termination of the employment contract with which it was terminated, without the right to compensation or to the payment of processing.

Article 56. Unfair dismissal.

1. Where the dismissal is declared inadmissible, the employer may, within five days of the notification of the judgment, choose between the readmission of the worker, with the payment of the processing salaries provided for in subparagraph (b) of this Article. paragraph 1, or the payment of the following economic perceptions to be fixed at the time:

(a) An indemnity of forty-five days ' salary, per year of service, prorating for months the periods of time less than one year and up to a maximum of forty-two monthly allowances.

b) An amount equal to the sum of the wages left to be collected from the date of the dismissal until the notification of the judgment declaring the imprecence or until it has found another job if such placement was prior to that judgment and was probate by the employer to be perceived, for his or her discount to the processing salaries.

The employer must keep the worker in Social Security for the period corresponding to the wages referred to in the preceding paragraph.

2. Where the option between readmission or compensation corresponds to the employer, the amount referred to in subparagraph (b) of the preceding paragraph shall be limited to the wages accrued from the date of dismissal to that of the employer. prior conciliation, if in that event the employer recognised the nature of the dismissal and offered the compensation provided for in subparagraph (a) of the previous paragraph, by placing it at the Court of Social Court at the disposal of the worker in question a period of 48 hours following the conclusion of the act of conciliation.

3. If the employer is not eligible for readmission or compensation, it is understood that the first one is appropriate.

4. If the dismissal is a legal representative of the workers or a trade union delegate, the option shall always be for the latter. If the option is not to be made, it will be understood to be a readmission. Where the option, expressed or presumed, is in favour of readmission, it shall be required.

Article 57. Payment by the State.

1. Where the judgment declaring the dismissal of the dismissal is given more than 60 working days from the date on which the application was filed, the employer may claim that the State has paid the economic perception referred to in the Article 56 (1) (b), which is satisfied for the worker, corresponding to the time exceeding those 60 days.

2. In the case of dismissal in which, pursuant to this Article, the processing salaries are on behalf of the State, the Social Security contributions corresponding to those salaries shall be borne by the State.

CHAPTER IV

Workers ' Faults and Sanctions

Article 58. Workers ' faults and penalties.

1. Workers may be punished by the management of companies by virtue of job defaults, according to the graduation of faults and penalties to be established in the legal provisions or in the collective agreement that is applicable.

2. The assessment of the faults and the corresponding penalties imposed by the management of the company will always be reviewed in the competent jurisdiction. The penalty of serious and very serious misconduct will require written communication to the worker, stating the date and facts that motivate it.

3. Penalties shall not be imposed which consist of the reduction of the duration of the holiday or another minority of the rights to rest of the worker or fine.

CHAPTER V

Prescription deadlines

SECTION 1. LIMITATION OF ACTIONS ARISING FROM THE CONTRACT

Article 59. Prescription and expiration.

1. Actions arising out of the employment contract which do not have a special time limit shall be prescribed for the year of termination.

For these purposes, the contract will be considered terminated:

(a) The day on which the time of duration agreed or fixed by legal provision or collective agreement expires.

b) The day on which the provision of continued services is terminated, when this continuity has been given by virtue of express or tacit extension.

2. If the action is exercised to require economic perceptions or for the fulfilment of single-tract obligations, which cannot take place after the termination of the contract, the period of one year shall be computed from the day on which the action may be taken. exercise.

3. The exercise of the action against the dismissal or termination of temporary contracts shall expire on the twentieth day following that in which it was produced. The days shall be business and the time limit shall be valid for all purposes.

The expiry period shall be interrupted by the submission of the request for conciliation to the public body of mediation, arbitration and competent conciliation.

4. The provisions of the previous paragraph shall apply to actions against business decisions in respect of geographical mobility and substantial modification of working conditions. The time limit shall be computed from the day following the date of notification of the business decision, after the completion of the consultation period, where appropriate.

SECTION 2. PRESCRIPTION OF INFRACTIONS AND FAULTS

Article 60. Prescription.

1. The offences committed by the employer shall be limited to three years, except in the case of Social Security.

2. In the case of workers, minor faults shall be prescribed at 10 days; the serious ones, at the age of 20, and the very serious ones, at the age of 60 days from the date on which the undertaking became aware of its commission and, in any case, six months after the date of the have been committed.

TITLE II

Of rights of collective representation

and workers ' meeting at the company

CHAPTER I

The right of collective representation

Article 61. Participation.

In accordance with the provisions of Article 4 of this Law and without prejudice to other forms of participation, workers have the right to participate in the company through the organs of representation regulated in this Law. Title.

SECTION 1. REPRESENTATIVE ORGANS

Article 62. Staff delegates.

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

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

2. The staff delegates shall exercise the representation for which they were elected to the employer and shall have the same powers established for the works councils.

Staff delegates will observe the rules that are established for professional committee members in Article 65 of this Law.

Article 63. Business committees.

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

2. In the company that has in the same province, or in neighboring municipalities, two or more centers of work whose censuses do not reach the 50 workers, but which as a whole will add to it, a joint venture committee will be constituted. Where a number of centres have 50 workers and others from the same province, the former shall constitute own works councils and each second shall be another.

3. Only by collective agreement can the constitution and functioning of an inter-agency committee be agreed with a maximum of 13 members, who will be appointed from among the components of the various central committees.

In the constitution of the interagency committee the proportionality of the unions will be preserved according to the electoral results considered overall.

Such interagency committees may not be able to assume other functions than those expressly granted to them in the collective agreement in which their creation is agreed.

Article 64. Competencies.

1. The business committee shall have the following powers:

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

2. To receive the basic copy of the contracts referred to in Article 8 (3) (a) and the notification of the extensions and the complaints relating thereto, within 10 days of the date of the that they took place.

3. Know the balance sheet, the results account, the memory and, in the case of the company magazine the form of company by shares or participations, of the other documents that are made known to the partners, and in the same conditions to these.

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

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

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

c) Business training plans for the company.

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

e) Study of times, establishment of premium systems or incentives and valuation of jobs.

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

6. Know the models of written work contract that are used in the company, as well as the documents relating to the termination of the employment relationship.

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

8. Know, quarterly at least, statistics on the rate of absenteeism and their causes, accidents at work and occupational diseases and their consequences, rates of accident, periodic studies or (a) the special nature of the working environment and the prevention mechanisms to be used.

9. Exercise a job:

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

b) To monitor and control the conditions of safety and hygiene in the development of work in the company, with the particularities provided for in this order by Article 19 of this Law.

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

11. To collaborate with the management of the company to achieve the establishment of how many measures to maintain and increase productivity, in accordance with the agreement of the collective agreements.

12. Inform your representatives on all issues and issues identified in this issue as directly or indirectly as having or likely to have an impact on industrial relations.

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

Article 65. Professional capacity and stealth.

1. The capacity-building committee, as a collegiate body, is recognised as a means of exercising administrative or judicial action in all matters relating to its powers, by a majority decision of its members.

2. The members of the business committee, as a whole, shall observe professional secrecy as regards paragraphs 1, 2, 2, 3, 3, 4. and 5. of paragraph 1 of the previous Article, even after they have no longer been a member of the business committee and in the special in all matters on which the address expressly points out the reserved character. In any case, no document submitted by the company to the committee may be used outside the strict scope of the document and for different purposes for which they have motivated their delivery.

Article 66. Composition.

1. The number of members of the business committee shall be determined according to the following scale:

a) From fifty to one hundred workers, five.

b) One to two hundred and fifty workers, nine.

c) From two hundred and fifty-one to five hundred workers, thirteen.

d) From five hundred one to seven hundred and fifty workers, seventeen.

e) From seven hundred and fifty-one to a thousand workers, twenty-one.

f) From a thousand onwards, two per thousand or a fraction, with the maximum of seventy-five.

2. The committees of undertakings or working parties shall elect a chairman and a secretary of the committee from among its members, and shall draw up their own rules of procedure, which may not contravene the provisions of the law, and shall forward a copy thereof to the employment authority, for the purposes of registration, and the undertaking.

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

Article 67. Promotion of elections and electoral mandate.

1. The most representative trade union organisations, which have a minimum of 10 per 100 representatives in the company or workers in the working centre, may be promoted to the elections of staff delegates and members of the business committees. by majority agreement. Trade unions with the capacity to promote elections shall have the right to access the registers of public administrations which contain data relating to the registration of undertakings and the high level of workers, to the extent necessary to bring them to (a) such promotion in their respective fields.

The promoters shall inform the company and the public office dependent of the employment authority of their intention to hold elections with a minimum period of at least one month in advance at the beginning of the electoral process. In this communication, the promoters will have to identify precisely the company and the job centre in which it wishes to celebrate the electoral process and the date of its start, which will be the constitution of the electoral table and which, in all Case, it may not commence before a month or beyond three months counted from the register of the communication in the public office dependent on the labour authority. This public office shall, within the following working day, set out in the notice board the pre-notices presented, making it easier for the trade unions to request it.

Only prior majority agreement among the most representative or representative trade unions in accordance with the Organic Law 11/1985 of 2 August, of Freedom of Association, may promote the holding of elections in a way generalized in one or more functional or territorial areas. Such agreements shall be communicated to the public office dependent on the labour authority for deposit and publicity.

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

Partial elections may be promoted by resignations, revocations, or adjustments of the template increase representation. Collective agreements may provide for what is necessary to accommodate the representation of workers to the significant reductions in employment which may take place within the undertaking. In its absence, such accommodation shall be carried out by agreement between the undertaking and the workers ' representatives.

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

The renunciation of the promotion after the communication of the public office dependent on the labor authority will not prevent the development of the electoral process, provided that all the requirements that allow the validity of the same.

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

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

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

4. In the case of a vacancy for any cause on the works or business committees, the worker shall automatically be covered by the following worker in the list to which the replacement belongs. Where the vacancy relates to staff delegates, it shall be automatically covered by the worker who obtained a vote in the vote immediately below the last of the elected representatives. The replacement will be for the remainder of the command.

5. The replacement, revocation, resignations and extinctions of the mandate shall be communicated to the public office under the employment authority and to the employer, and shall also be published on the notice board.

Article 68. Guarantees.

The members of the business committee and the staff delegates, as legal representatives of the employees, shall, except as provided in the collective agreements, have the following guarantees:

(a) Opening of a contradictory file in the case of serious or very serious misconduct, in which the business committee or other staff delegates shall be heard, apart from the person concerned.

(b) Priority to remain in the company or work centre with respect to other workers, in the case of suspension or termination for technological or economic reasons.

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

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

e) Dispose of a credit of paid monthly hours each of the members of the committee or delegate of staff in each working center, for the exercise of its functions of representation, according to the following scale: delegates of staff or members of the business committee:

1. º Up to 100 workers, fifteen hours.

2. º 1 to two hundred and fifty workers, twenty hours.

3. From two hundred and fifty-one to five hundred workers, thirty hours.

4. From five hundred to seven hundred and fifty workers, thirty-five hours.

5. º of seven hundred and fifty and one from now, forty hours.

The accumulation of hours of the various members of the business committee and, where appropriate, of the staff delegates, in one or more of its components, without exceeding the maximum total, may be agreed in collective agreement. relieved or relieved of work, without prejudice to their remuneration.

SECTION 2. ELECTION PROCEDURE

Article 69. Choice.

1. Staff delegates and committee members of

Company shall be chosen by all workers by means of direct, free and secret personal suffrage, which may be issued by mail in the form that the provisions of this Law establish.

2. All workers of the enterprise or work centre aged 16 and over and with a seniority in the undertaking of at least one month, and eligible workers who are 18 years of age and an age in the enterprise, shall be eligible. of at least six months, except in those activities where, by means of mobility of staff, a shorter period of time is agreed in collective agreement, with the minimum limit of three months.

Foreign workers may be electors and eligible when they meet the conditions referred to in the preceding paragraph.

3. Candidates may be presented for the elections of delegates of staff and members of the business committee by the trade unions of legally constituted workers or by the coalitions formed by two or more of them, who must have a (a) specific name is attributed to the coalition. Similarly, workers who support their candidature may be presented with a number of signatures of voters in their own school and college, where appropriate, equivalent to at least three times the number of posts to be filled.

Article 70. Vote for delegates.

In the election for staff delegates, each voter will be able to give their vote to a maximum number of candidates equivalent to that of posts to be filled among the proclaimed candidates. Those who obtain the highest number of votes will be elected. In case of a tie, the oldest worker in the company will be elected.

Article 71. Choice for the business committee.

1. In the companies of more than 50 workers, the census of electors and electors will be distributed in two schools, one integrated by the technicians and administrative and the other by the specialists and unskilled workers.

By collective agreement, and depending on the professional composition of the sector of productive activity or of the company, a new college may be established to adapt to this composition. In such a case, the electoral rules of this Title shall be adapted to that number of schools. The posts of the committee will be distributed proportionally in each company according to the number of workers who form the electoral colleges mentioned. If the division results in ratios with fractions, the unit would be awarded fractional to the group to which the highest fraction would correspond; if they were equal, the award shall be by lot.

2. In the elections to members of the Business Committee, the election shall conform to the following rules:

(a) Each voter may give his or her vote to a single one of the lists submitted to those of the committee corresponding to his or her college. These lists shall contain at least as many names as posts to be covered. However, the resignation of any candidate presented in some of the lists for the elections before the date of the vote shall not imply the suspension of the electoral process or the cancellation of such candidacy even if it is incomplete, provided that the list concerned remains with a number of candidates, at least 60% of the posts to be filled. Each list must be included in the list of the trade union or group of workers who present it.

(b) They shall not be entitled to the assignment of representatives on the business committee to those lists which have not obtained at least 5 per 100 of the votes for each college.

By means of the proportional representation system, each list shall be assigned the number of posts corresponding to it, in accordance with the ratio resulting from dividing the number of valid votes for the number of posts to be filled. If you have put or posts left over, they will be assigned to the list or lists that have a larger number of votes.

(c) Within each list the candidates shall be chosen in the order in which they appear in the application.

3. Non-compliance with any of the above rules will determine the nulliability of the choice of the candidate or candidates affected.

Article 72. Representatives of those who provide services in discontinuous fixed work and non-permanent workers.

1. Those who provide services in discontinuous fixed work and fixed-term contract workers shall be represented by the bodies set out in this Title in conjunction with the fixed workforce.

2. Therefore, for the purpose of determining the number of representatives, the following will be available:

(a) Those who provide services in discontinuous fixed work and contract-related workers of a given duration of more than one year shall be counted as fixed workforce workers.

(b) The contract for up to one year shall be computed according to the number of days worked in the period of one year prior to the convocation of the election. Every two hundred days worked or fraction will be computed as one more worker.

Article 73. Election table.

1. A table shall be set up at the undertaking or working centre for each college of two hundred and fifty electors or fractions.

2. The bureau will be in charge of monitoring the entire electoral process, presiding over the vote, holding the vote, lifting the corresponding record, and resolving any complaints that arise.

3. The bureau will be made up of the president, who will be the longest-serving worker in the company, and two vowels, who will be the oldest and youngest voters. The latter will act as secretary. Alternate members shall be appointed to those workers who follow the members of the bureau in the order of seniority or age.

4. None of the components of the table may be a candidate, and shall be replaced by the alternate.

5. Each candidate or candidate may, where appropriate, appoint a controller by bureau. The employer may also appoint a representative of his or her attending the vote and the vote.

Article 74. Functions of the table.

1. The purpose of holding elections is communicated to the company, which, within seven days, will transfer the same to the workers who are to be the bureau, as well as to the workers ' representatives, while at the same time putting the knowledge of the promoters.

The electoral table will be formally constituted, by means of the act granted to the effect, on the date fixed by the promoters in their communication of the purpose of holding elections, which will be the date of initiation of the electoral process.

2. In the case of elections to staff delegates, the employer shall, in the same term, forward to the constituents of the electoral bureau the labour census, which shall be adjusted, for these purposes, to a standard model.

The election table will perform the following functions:

a) It will make public work among workers the indication of who they are voters.

b) Set the number of representatives and the deadline for submission of applications.

c) You will receive and proclaim the entries to be submitted.

d) Will point to the voting date.

e) Redactara el acta de canvassing en un timelimo no longer a très dias naturales.

The deadlines for each of the acts will be indicated by the table with criteria of reasonableness and as advised by the circumstances, but, in any case, between its constitution and the date of the elections will not measure more than ten days.

In the case of elections in job centers of up to thirty workers in which a single delegate of staff is elected, from the establishment of the bureau to the voting and the proclamation of elected candidates there will be Twenty-four hours must elapse, and in any event the time for the vote to be held shall be made public in good time. If a complaint has been made, it shall be recorded in the minutes, as well as the decision taken by the bureau.

3. In the case of elections to members of the business committee, the electoral bureau shall ask the employer to carry out the work census and to produce, with the means to be provided by him, the list of voters. It shall be made public in the bulletin boards by means of its exposure for a period of not less than seventy-two hours.

The table will resolve any incidence or claim regarding inclusions, exclusions or corrections that are submitted up to twenty-four hours after the end of the list's exposure period. It shall publish the final list within 24 hours. The bureau, or all of them, shall then determine the number of members of the committee to be elected in accordance with the provisions of Article 66.

Nominations will be submitted during the nine days following the publication of the final list of voters. The proclamation shall be made within two working days after the end of the said period, and shall be published on the boards referred to. Against the proclamation agreement, it may be claimed within the following working day, resolving the table at the later working day.

Between the candidate proclamation and the vote will measure at least five days.

Article 75. Vote for delegates and works councils.

1. The act of the vote shall take place at the centre or place of work and during the working day, taking into account the rules governing voting by post.

The entrepreneur will provide the precise means for the normal development of the vote and the entire electoral process.

2. The vote will be free, secret, personal and direct, with the ballots being deposited, which in size, color, print and paper quality will be of equal characteristics, in closed ballot boxes.

3. Immediately after the vote, the electoral table will proceed publicly to the counting of votes by reading by the President, aloud, of the ballots.

4. The result of the vote shall be taken up in accordance with the standard model in which the incidents and protests of the case are to be included. The minutes shall be signed by the members of the bureau, the financial controller and the representative of the employer, if any. The voting tables of the same company or centre, at joint meeting, shall be followed by the minutes of the overall result of the vote.

5. The President of the bureau shall send copies of the minutes of scrutiny to the employer and to the interveners of the candidates, as well as to the elected representatives.

The result of the vote will be published in the bulletin boards.

6. The original of the minutes, together with the ballot papers null or contested by the interveners and the minutes of the establishment of the bureau, shall be submitted within three days to the public office dependent on the employment authority by the President of the the bureau, who may delegate in writing to a member of the bureau. The public office dependent on the labour authority shall proceed on the immediate working day to the publication in the notice boards of a copy of the minutes, giving copies to the trade unions which so request and shall transfer the company from the presentation in that public office of the act corresponding to the electoral process that has taken place in that office, with an indication of the date on which the deadline for challenging it ends and will keep the deposit of the ballots until the deadlines of challenge. The public office dependent on the labour authority, after 10 working days from the publication, shall proceed or not to register the electoral records.

7. It is for the public office dependent on the labour authority to register the minutes, as well as the issue of authentic copies thereof and, at the request of the trade union concerned, of the certification certificates of their capacity representative for the purposes of Articles 6 and 7 of the Organic Law 11/1985 of 2 August of Freedom of Association. Such certificates shall state whether or not the trade union has the status of more representative or representative, unless the exercise of the relevant functions or powers requires the accuracy of the particular representativeness held. In addition, and for the purposes of the work, the public office dependent on the labour authority may extend certificates of election results to the trade union organisations that request them.

The refusal to register a record by the public office dependent on the labour authority may be made only in the case of minutes which are not extended in the official standard model, the lack of communication of the election promotion to the public office, lack of signature of the President of the electoral table and omission or illegibility in the minutes of any of the data that prevents the electoral computation.

In these cases, the public office dependent on the labor authority shall, within the following working day, require the President of the electoral bureau so that within ten working days, the corresponding sub-healing shall proceed. This requirement shall be communicated to the trade unions which have obtained representation and to the other candidates. Once the sub-healing has been carried out, this public office will proceed to the registration of the corresponding electoral record. After that period of time without the actual or uncompleted being made, the public office dependent on the labour authority shall, within 10 working days, refuse the registration, communicating it to the trade unions which have obtained representation and the President of the Bureau. In the event that the refusal of registration is due to the absence of communication from the electoral promotion to the public office dependent on the labour authority, there is no need for a remedy, so that the absence of such an office is proven public, the latter shall proceed without further processing to the refusal of registration, communicating it to the President of the electoral bureau, to the trade unions that have obtained representation and to the other candidates.

The decision rejecting the registration may be challenged in the social court order.

Article 76. Claims on election matters.

1. The electoral challenges shall be dealt with in accordance with the arbitration procedure laid down in this Article, with the exception of refusals of registration, the complaints of which may arise directly from the competent jurisdiction.

2. All those who have a legitimate interest, including the company where such interest is present, may contest the election, decisions taken by the bureau, as well as any other actions of the same throughout the electoral process, for this purpose in the existence of serious defects which could affect the guarantees of the electoral process and which alter its outcome, in the lack of capacity or legitimacy of the candidates chosen, in the disagreement between the minutes and the development of the the electoral process and the lack of correlation between the number of workers listed in the elections and the number of elected representatives. The impeachment of acts of the electoral bureau shall require a complaint within the working day following the act and shall be resolved by the bureau at the later working day, except as provided for in the last paragraph of Article 74.2 of the This Act.

3. The arbitrators shall be appointed in accordance with the procedure laid down in this paragraph, except where the parties to an arbitration procedure agree on the appointment of a different arbitrator.

The arbitrator or arbitrators shall be appointed, in accordance with the principles of neutrality and professionalism, among law graduates, social graduates, as well as equivalent graduates, by unanimous agreement of the most representative, at the level of the State or Autonomous Communities as appropriate, and of those who hold ten per cent or more of the delegates and members of the works councils at the relevant provincial, functional or business level. If there is no unanimous agreement between the trade unions identified above, the competent labour authority shall establish the form of designation, taking into account the principles of impartiality of the arbitrators, the possibility of being challenged and the participation of the of the trade unions in his appointment.

The duration of the arbitrators ' term of office shall be five years, subject to renewal.

The employment administration shall facilitate the use of its personal and material means by the arbitrators to the extent necessary for them to carry out their duties.

4. The arbitrators shall abstain and, failing that, be challenged in the following cases:

a) Having a personal interest in the matter in question.

b) To be an administrator of a company or an interested entity, or to have a contentious issue with either party.

c) Having a kinship of consanguinity within the fourth grade or affinity within the second, with any of the stakeholders, with the administrators of entities or societies interested and also with the advisors, representatives legal or representative to intervene in the arbitration, as well as to share professional office or to be associated with them for the advice, representation or mandate.

d) Have intimate friendship or manifest enmity with one of the persons mentioned in the previous section.

e) Have a service relationship with natural or legal person directly interested in the matter or have provided them in the last two years professional services of any kind and in any circumstance or place.

5. The arbitral proceedings shall be initiated in writing addressed to the public office dependent on the labour authority to whom it has promoted the elections and, where appropriate, to those who have submitted candidates for the contested elections. This document, which shall contain the facts which are sought to contest, shall be submitted within three working days from the date following the date on which the facts were produced or the complaint was settled by the bureau; in the case of The contested decision shall be taken into account in the case of the contested decision, which shall be taken into account in the case of the contested decision, and shall be taken into account in the case of the contested decision. If acts of the day of the vote are contested or subsequent to it, the time limit shall be ten working days, counted from the entry of the minutes into the public office dependent on the labour authority.

Until the end of the arbitral proceedings and, where appropriate, the subsequent judicial challenge, the processing of a new arbitration procedure will be paralyzed. The arbitration approach will interrupt the limitation periods. 6. The public office dependent on the labour authority shall transfer to the arbitrator of the document on the working day after its receipt and a copy of the administrative electoral file. If electoral records have been submitted for registration, their processing shall be suspended.

At the following twenty-four hours, the arbitrator shall summon the interested parties to appear before him, which shall take place within the following three working days. If the parties, before appearing before the arbitrator appointed in accordance with paragraph 3 of this Article, agree and appoint a different arbitrator, they shall notify the public office dependent of the employment authority of the which to transfer to this arbitrator from the electoral administrative file, continuing with the remainder of the procedure.

The arbitrator, within three working days following the appearance and prior practice of the evidence from or in accordance with the law, that may include the personation in the working center and the request for the collaboration necessary from the employer and the public authorities, he shall make a ruling. The award shall be written and reasoned, resolving in law on the challenge of the electoral process and, where appropriate, on the record of the minutes, and shall be notified to the persons concerned and to the public office dependent on the labour authority. If the vote has been contested, the office shall register the minutes or its refusal, in accordance with the content of the award.

The arbitral award may be challenged before the social court order through the corresponding procedural mode.

CHAPTER II

The Meeting Right

Article 77. The workers ' assemblies.

1. In accordance with the provisions of Article 4 of this Law, workers in the same company or workplace have the right to meet in assembly.

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

2. Where, as a result of working in shifts, due to the inadequacy of the premises or any other circumstance, the entire establishment cannot be simultaneously met without prejudice or alteration in the normal development of production, the various meetings Partial to be held shall be considered as a single and dated on the day of the first.

Article 78. Meeting place.

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

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

a) If the provisions of this Act are not complied with.

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

(c) If the compensation for damage caused by alterations occurred in any previous meeting, or has not been established, it would have been established.

d) Legal closure of the company.

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

Article 79. Call.

The call, with the expression of the order of the day proposed by the convenors, shall be communicated to the employer forty-eight hours in advance, at least, and must be acknowledged.

Article 80. Votes.

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

Article 81. Local and bulletin board.

In companies or workplaces, provided that their characteristics permit, a suitable premises in which they can carry out their activities shall be made available to the staff delegates or to the business committee. communicate with workers, as well as one or more bulletin boards. Possible discrepancies will be resolved by the labour authority, after the Labour Inspectorate report.

TITLE III

From collective bargaining and collective agreements

CHAPTER I

General provisions

SECTION 1. NATURE AND EFFECTS OF CONVENTIONS

Article 82. Concept and effectiveness.

1. Collective agreements, as a result of the negotiation developed by the representatives of workers and employers, constitute the expression of the agreement freely adopted by them under their collective autonomy.

2. By means of collective agreements, workers and employers in their respective fields regulate working and productivity conditions; they will also be able to regulate labour peace through the obligations that are agreed upon.

3. The collective agreements governed by this Law oblige all employers and workers within their scope and throughout the period of their validity.

Without prejudice to the foregoing, the collective agreements of a higher level than the company will lay down the conditions and procedures by which the wage regime of the company may not be applied to companies whose stability could be damaged as a result of such an application.

If such collective agreements do not contain such a non-application clause, the latter can only be produced by agreement between the employer and the workers ' representatives when the economic situation of the workers so requires. the company. If there is no agreement, the dispute will be resolved by the joint committee. The determination of the new wage conditions shall be determined by agreement between the undertaking and the workers ' representatives and, failing that, they may be entrusted to the Joint Committee of the Convention.

4. The collective agreement that takes place on an earlier one may have the rights recognized in that agreement. In this case it will be fully implemented in the new convention.

Article 83. Trading units.

1. Collective agreements shall have the scope to which the parties agree.

2. By means of inter-branch agreements or collective agreements, the most representative trade union organizations and employers ' associations of a State or Autonomous Community may establish the structure of collective bargaining. how to fix the rules to be used to resolve conflicts of competition between conventions of different fields and the principles of complementarity of the various contracting units, always fixing in the latter case the matters which do not they may be subject to negotiation in lower areas.

3. Such workers 'and employers' organisations may also draw up agreements on specific subjects. These agreements, as well as the inter-branch agreements referred to in paragraph 2 of this Article, will have the treatment of this Law for collective agreements.

Article 84. Concurrency.

A collective agreement, during its lifetime, may not be affected by the provisions of agreements of a different scope, unless otherwise agreed, in accordance with the provisions of Article 83 (2), except as provided for in paragraph 2. next.

In any event, notwithstanding the provisions of the previous article, the trade unions and the business associations which fulfil the requirements for the legitimation of Articles 87 and 88 of this Law may, in a given field, be above the undertaking, to negotiate agreements or agreements which affect the provisions of the higher level provided that such decision obtains the support of the majority required to constitute the negotiating commission in the corresponding unit of negotiation.

In the case referred to in the preceding paragraph, non-negotiable matters shall be considered in areas below the test period, the procedures for hiring, except for the aspects of adaptation to the scope of the undertaking, professional groups, the disciplinary regime and the minimum standards for safety and hygiene at work and geographical mobility.

Article 85. Content.

1. In accordance with the laws, collective agreements may regulate matters of an economic, labour, trade union and, in general, other matters affecting the conditions of employment and the area of relations of workers and their organizations. representative with the employer and the business associations, including procedures for resolving the discrepancies arising in the periods of consultation provided for in Articles 40, 41, 47 and 51 of this Law; the arbitral awards the effects can be dictated will have the same effectiveness and treatment as the agreements in the consultations, being subject to the same terms as the rulings issued for the settlement of disputes arising from the application of the conventions.

2. Without prejudice to the freedom of procurement referred to in the preceding subparagraph, collective agreements shall express as a minimum content the following:

a) Determination of the parts that make them aware.

b) Personal, functional, territorial, and temporal scope.

(c) Conditions and procedures for the non-application of the wage regime which it establishes in respect of undertakings falling within the scope of the agreement where it is higher than that of the undertaking, in accordance with the provisions laid down in Article 82.3.

d) Form and conditions of denunciation of the agreement, as well as notice period for such denunciation.

e) Designation of a joint committee on the representation of the negotiating parties to understand how many issues are attributed to them, and determination of the procedures for resolving the discrepancies in the commission.

Article 86. Effective.

1. It is up to the negotiating parties to establish the duration of the agreements, possibly allowing for different periods of validity for each material or homogeneous group of subjects within the same convention.

2. Unless otherwise agreed, collective agreements shall be extended from year to year if they do not provide express denunciation of the parties.

3. Denounced an agreement and until no express agreement is reached, they will lose their mandatory clauses.

The validity of the normative content of the agreement, once the agreed duration has been concluded, will take place in the terms that would have been established in the convention itself. In default of pact the normative content of the convention will remain in force.

4. The convention that happens to an earlier one repeals in its integrity the latter, except for the aspects that are expressly maintained.

SECTION 2. LEGITIMIZATION

Article 87. Legitimization.

They will be legitimized to negotiate:

1. In the business or lower-level agreements: the business committee, staff delegates, where appropriate, or trade union representations if any.

In the agreements affecting all the employees of the company it will be necessary for such union representations, as a whole, to add up the majority of the members of the committee. In the other conventions it shall be necessary for workers falling within their scope to have adopted an express agreement, with the requirements of Article 80 of this Law, of designation, for the purposes of negotiation, of trade union representations with implementation in this field.

In all cases it will be necessary for both sides to be recognized as interlocutors.

2. In the top-level conventions to the above:

(a) Trade unions which have the most representative status at the State level, as well as, in their respective fields, the affiliated, federated or Confederate trade unions.

(b) Trade unions which have the most representative status at the level of the Autonomous Community in respect of conventions which do not transcend the territorial scope and, in their respective fields, the trade unions affiliated, federated, or Confederate to them.

(c) Trade unions with a minimum of 10 per 100 of the members of the business committees or staff delegates at the geographical and functional level to which the agreement relates.

3. In the agreements referred to in the previous number, the business associations which in the geographical and functional scope of the convention have 10 per 100 of the entrepreneurs, within the meaning of Article 1.2 of this Law, and always that they are occupying the same percentage of the workers concerned.

4. They shall also be entitled to the State-wide conventions: the trade unions of the Autonomous Community which have the most representative status as provided for in Article 7 (1) of the Organic Law on Freedom of Association and the business associations of the Autonomous Community that meet the requirements set out in the sixth provision of this Law.

5. Any trade union, federation or union confederation, and any business association which meets the requirement of legitimation, shall be entitled to be a part of the negotiating commission.

Article 88. Negotiating committee.

1. In the case of agreements with a business or lower level, the special negotiating body shall be constituted by the employer or his representatives, on the one hand, and the other, by the representatives of the employees, in accordance with the provisions of Article 87 (1

.

In those at the top of the company, the special negotiating body shall be validly constituted, without prejudice to the right of all the persons entitled to participate in it in proportion to its representativeness, when the trade unions, federations or confederations and the business associations referred to in the preceding article represent at least, respectively, the absolute majority of the members of the works councils and staff delegates, in their (c) case, and employers who occupy the majority of the workers affected by the agreement.

2. The designation of the components of the commission shall be the responsibility of the negotiating parties, who by mutual agreement may appoint a president and count on assistance in the deliberations of advisers, who will speak with a voice, but without a vote.

3. In business agreements, none of the parties shall exceed the number of 12 members; in the case of a higher level, the number of representatives of each party shall not exceed 15.

4. The special negotiating body may have a president with a voice, but without a vote, freely appointed by the president. In the event that the non-election is chosen, the parties shall record in the minutes of the committee's constituent session the procedures to be used to moderate the sessions and to sign the minutes corresponding to them by a representative. of each of them, together with the secretary.

CHAPTER II

Procedure

SECTION 1 PROCESSING, APPLICATION, AND INTERPRETATION

Article 89. Processing.

1. The representation of workers, or employers, which promotes negotiation, will communicate it to the other party, expressing in detail in the communication, which must be made in writing, the legitimation it holds in accordance with the previous articles, the areas of the convention and the subject matter of negotiation. For the purposes of registration, a copy of this communication shall be sent to the corresponding labour authority according to the territorial scope of the agreement.

The receiving party of the communication may only refuse the initiation of the negotiations for legal or conventionally established cause, or when it is not a matter of reviewing an agreement already expired, without prejudice to the Articles 83 and 84; in any case it shall be answered in writing and in a reasoned manner.

Both sides will be obliged to negotiate under the principle of good faith.

In the cases of violence, both on the persons and on the goods, and both parties will verify their existence, the ongoing negotiation will be suspended immediately until the disappearance of those.

2. Within a maximum of one month from the date of receipt of the communication, the special negotiating body shall be set up; the receiving party of the communication shall respond to the proposal for negotiation and both parties may already establish a calendar or negotiation plan.

3. The agreements of the commission shall in any event require the favourable vote of the majority of each of the two representations.

4. At any time of the deliberations, the parties may agree to the intervention of a mediator appointed by them.

Article 90. Validity.

1. The collective agreements referred to in this Law must be made in writing, subject to a penalty of nullity.

2. The agreements shall be submitted to the competent labour authority, to the sole registration effects, within a period of 15 days from the date on which the negotiating parties sign it. Once registered, it will be referred to the public mediation, arbitration and conciliation body competent for its deposit.

3. Within the maximum period of 10 days from the date of submission of the agreement in the register, the labour authority shall have its compulsory and free publication available in the "Official State Gazette" or, depending on the territorial scope of the agreement, in the "Official Journal of the Autonomous Community" or in the "Official Gazette" of the province concerned.

4. The agreement shall enter into force on the date on which the parties agree.

5. If the labour authority considers that a convention is in breach of the law in force or seriously injures the interest of third parties, it shall, of its own motion, make its own motion to the competent jurisdiction, which shall take the measures to remedy the case. failures, after hearing from the parties.

Article 91. Application and interpretation.

Regardless of the powers set by the parties to the joint committees, knowledge and resolution of conflicts arising from the application and interpretation of collective agreements in general, shall be resolved by the competent jurisdiction.

Notwithstanding the foregoing, in the collective agreements and in the agreements referred to in Article 83.2 and 3 of this Law, procedures may be established, such as mediation and arbitration, for the settlement of disputes. collective agreements resulting from the application and interpretation of collective agreements.

The agreement reached through the mediation and the arbitration award will have the legal effectiveness and the processing of the collective agreements regulated in this Law, provided that those who have adopted the agreement or signed the agreement the arbitration undertaking has the legitimacy to enable them to agree, in the field of conflict, a collective agreement as provided for in Articles 87, 88 and 89 of this Law.

These agreements and awards will be open to challenge for reasons and in accordance with the procedures laid down for collective agreements. Specifically, the appeal against the arbitral award shall be the case where the conditions and formalities laid down for that purpose have not been observed in the conduct of the arbitral proceedings, or where the award has been settled on non-arbitration points. subject to their decision.

These procedures shall also be usable in individual disputes where the parties expressly submit to them.

SECTION 2. ACCESSION AND EXTENSION

Article 92. Adhesion and extension.

1. In the respective negotiating units, the parties entitled to negotiate may, by common agreement, accede to the whole of a collective agreement in force, provided that they are not affected by another, communicating it to the labour authority. competent for registration purposes.

2. The Ministry of Labour and Social Security may extend the provisions of a collective agreement in force to certain undertakings and workers provided that there is special difficulty in the negotiation or social and social circumstances. economic of significant importance in the field concerned.

This will require the prior report of a joint committee of representatives of the most representative employers ' associations and trade unions in the field of application.

TITLE IV

Labor Violations

CHAPTER I

General provisions

Article 93. Concept.

The actions or omissions of employers against the laws, regulations and normative clauses of collective agreements in the field of labor, standardized and sanctioned according to the This Act.

Article 94. Minor infractions.

These are minor violations:

1. The lack of the Labour Inspection and Social Security Inspectorate in the workplace.

2. Do not expose the current working calendar to the workplace visible.

3. Do not provide the worker with the receipt of wages or use unpaid receipts from the official model without prior authorization.

4. Do not make the work activity control document available to the workers at home.

5. Do not inform the worker in writing about the essential elements of the contract and the main conditions for the performance of the work, in the terms and deadlines laid down in regulation.

6. Any other that affect purely formal or documentary obligations.

Article 95. Serious infringements.

These are serious violations:

1. Do not formalize the work contract in writing when this requirement is required or when the worker has requested it.

2. Do not record in the receipt of wages the amounts actually paid to the worker.

3. Failure to comply with the obligations laid down in respect of the processing of finiquito receipts.

4. The infringement of the rules and the legal or action limits on working time, night work, overtime, breaks, holidays, permits and, in general, the working time referred to in Articles 23 and 34 to 38 of the This Act.

5. The modification of the substantial working conditions imposed unilaterally by the employer as set out in Article 41 of this Law.

6. The transgression of the rules on contractual modalities, fixed-term and temporary contracts, by means of their use in fraud of Law or in respect of persons, purposes, assumptions and temporal limits other than those provided for legal, regulentarily, or by collective agreement where such extremes may be determined by collective bargaining.

7. The transgression of the rights of information, hearing and consultation of the representatives of the workers and the union delegates, in the terms in which they are legally or conventionally established.

8. The infringement of the rights of workers ' representatives and of the trade union sections in the field of credit for paid and local hours suitable for the development of their activities, as well as of bulletin boards, in the terms in which they are legally or conventionally established.

9. The violation of the rights of the trade union sections in order to collect, distribute and receive union information, in the terms in which they are legally or conventionally established.

10. To establish working conditions lower than those legally recognized or by collective agreement, as well as acts or omissions that are contrary to the rights of workers recognized in Article 4 of this Law, unless appropriate rating as very serious, according to the following article.

Article 96. Very serious infringements.

These are very serious violations:

1. Non-payment and repeated delays in the payment of the due salary.

2. The assignment of workers in the terms prohibited by the current legislation.

3. The closure of an undertaking or the cessation of activities, temporary or final, without the authorization of the labour authority, where it is mandatory.

4. The transgression of the rules on work of minors referred to in this Law.

5. Actions or omissions that prevent the exercise of the right of assembly of workers, their representatives and the trade union sections, in the terms in which they are legally or conventionally established.

6. The violation of the right of assistance and access to the work centers, in the terms established by article 9.1, c) of the Organic Law on Freedom of Association, of those who hold elective posts at the provincial, regional or state level, in the most representative trade union organisations.

7. The transgression of the material duties of collaboration that impose on the employer the regulatory norms of the electoral processes to representatives of the workers.

8. The transgression of the regulations on trade union matters laid down in collective agreements.

9. The employer's refusal to reopen the work centre within the prescribed period, when required by the competent labour authority in the case of lockout.

10. The acts of the employer adversely affecting workers ' right to strike, consisting of the replacement of workers on strike by others not linked to the workplace at the time of their exercise, except in cases justified by the ordering.

11. The acts of the employer which are contrary to the respect of the privacy and consideration due to the dignity of the workers.

12. Unilateral decisions of the employer involving unfavourable discrimination on grounds of age or where they contain favourable or adverse discrimination in respect of remuneration, training, training, promotion and other conditions of employment work, due to circumstances of sex, origin, marital status, race, social status, religious or political ideas, adherence or not to trade unions and their agreements, relationships with other workers in the company and language within the State

13. Failure by the employer to stop the transfer effectiveness, in cases of extension of the transposition period ordered by the labour authority referred to in Article 40.2 of this Law.

CHAPTER II

extra law

Article 97. Penalties.

The sanctions and the criteria for their graduation, as well as the competent authority to impose them and the sanctioning procedure, will be governed by the provisions of Law 8/1988 of 7 April on infringements and sanctions of order social.

Additional disposition first. Promotion of the indefinite procurement of contracts in practice and learning.

The benefits and conditions laid down in Law 22/1992, of 30 July, of urgent measures on the promotion of employment and unemployment protection, for the indefinite transformation of contracts into practices and for the training, shall apply to the conversion into indefinite of the training contracts covered by Article 11 of this Law.

Additional provision second. Training contracts concluded with disabled workers.

1. Firms which enter into full-time employment contracts with disabled workers will be entitled to a reduction, for the duration of the contract, of 50 per 100 of the business share of the Social Security corresponding to the common contingencies.

2. Disabled workers engaged in apprenticeships will not be counted in order to determine the maximum number of apprentices that companies can hire based on their workforce.

3. Companies that enter into apprenticeship contracts with disabled workers will be entitled to a 50 per 100 reduction in the Social Security business quotas provided for in the apprenticeship contracts.

4. The specific characteristics of the training contracts laid down in Article 7 of Royal Decree 1368/1985 of 17 July 1985 governing the special employment relationship of disabled persons working in the special centres of employment, continue to apply to learning contracts to be concluded with such disabled workers.

Additional provision third. Programmes to promote employment.

Programmes will be established to encourage the recruitment of workers for unemployment benefits by small firms. Annually, the General Budget Law of the State will determine the programs and collectives of unemployment recipients to be used.

It is expressly excluded from the hiring carried out by the spouse or relatives by consanguinity or affinity, to the second degree inclusive, of the employer or those who hold office or are members of the the administrative bodies of undertakings which review the legal form of the company, as well as those which take place with the latter.

Additional provision fourth. Remuneration concepts.

The changes introduced by this Law into the statutory regulation of wages will not affect the remuneration concepts that workers have recognised until 12 June 1994, the date of entry into force of the Act. Law 11/1994 of 19 May, which shall be maintained on the same terms as they may at that time until the collective agreement establishes a wage regime that leads to the disappearance or modification of such concepts.

Additional provision fifth. Senior management staff.

The remuneration of senior management staff shall enjoy the salary guarantees set out in Articles 27.2, 29, 32 and 33 of this Act.

Additional provision sixth. Institutional representation of employers.

For the purpose of holding institutional representation in defense of the general interests of the businessmen before the Public Administrations and other entities or bodies of a State or Autonomous Community that have it (a) it shall be understood that the business associations which have 10 per 100 or more of the undertakings and workers at the State level are entitled to this representative capacity.

Also, the business associations of the Autonomous Community that have a minimum of 15 per 100 of the employers and workers will also be represented. Business associations which are integrated in state-wide federations or confederations shall not be included in this case.

Business organizations that have the condition

of more representative under this additional provision will have the capacity to obtain temporary transfers from the use of public property in the legally established terms.

Additional provision seventh. Conditions regulation by activity branch.

The regulation of working conditions by branch of activity for the economic sectors of the production and territorial demarcations in which there is no collective agreement can be carried out by the government, on a proposal from the Ministry The Committee on Employment and Social Security, prior to the consultations it considers appropriate to the employers ' associations and trade unions, without prejudice to the provisions of Article 92 of this Law, which will always be a priority procedure.

Additional disposition octave. Labor Code.

The Government, on a proposal from the Ministry of Labor and Social Security, will collect in a single text called the Labor Code, the various organic and ordinary laws that, together with the present, regulate labor matters, by ordering them in separate titles, one by law, with correlative numbering, in full respect of their literal text.

In addition, all general labor provisions will be incorporated and periodically incorporated in the Labor Code through the procedure that the Government establishes in terms of the incorporation technique, according to the the built-in rules.

Additional provision ninth. Reintegrable advances.

The reintegrable advances on recurrently judgments, as laid down in the Law of 10 November 1942, may reach up to 50 per 100 of the amount of the amount recognised in the judgment in favour of the worker.

Additional provision 10th. Maximum age limit for work.

Within the limits and conditions set out in this precept, forced retirement may be used as an instrument for a policy of employment.

The capacity to work, as well as the extinction of employment contracts, will have the maximum age limit set by the government in the light of the availability of social security and the labour market, without prejudice to the the periods of absence for retirement may be completed.

In collective bargaining, retirement ages may be freely agreed without prejudice to the provisions of social security for these purposes.

Additional provision eleventh. Accreditation of representative capacity.

For the purposes of issuing the certification certificates of the representative capacity at the State level provided for in Article 75.7 of this Law, the Autonomous Communities to which the execution of the Functions relating to the deposit of minutes relating to the elections of representative bodies of workers shall send a monthly copy of the registered electoral records to the state public office.

Additional disposition twelfth. Preads.

The government may reduce the minimum notice period of one month provided for in the second paragraph of Article 67.1 of this Law, in the sectors of activity with high staff mobility, after consultation with the organizations. trade unions which in this field have at least 10 per 100 of the employees 'representatives, and with the employers' associations which have 10 per 100 of the employers and workers affected by the same field. functional.

Additional disposition thirteenth. Non-judicial solution of conflicts.

On the assumption that, even in the absence of agreement in the applicable collective agreement, a procedure for resolving discrepancies in the periods of consultation would have been established in accordance with Article 83 of this Law, non-judicial dispute settlement procedures in the relevant territorial area, who are party to such consultation periods may subject their dispute to such bodies by common accord.

Additional disposition fourteenth. Replacement of surplus workers with child care.

The interninity contracts to be concluded in order to replace the worker who is in the situation of leave of absence referred to in Article 46.3 of this Law shall be entitled to a reduction in the business contributions to the Social security by common contingencies in the amounts specified below, where such contracts are concluded with beneficiaries of unemployment benefits, of contributory or assistance level, which take more than one year as Recipients:

a) 95 per 100 during the first year of the worker's surplus being replaced.

b) 60 per 100 during the second year of the worker's surplus being replaced.

c) 50 per 100 during the third year of the worker's surplus being replaced.

The aforementioned benefits shall not apply to hiring affecting the spouse, ascendants, descendants and other relatives by consanguinity or affinity, up to the second degree inclusive, of the employer or of those who they hold positions of management or are members of the administrative bodies of undertakings which review the legal form of the company and those which take place with the latter.

Contracts made under this provision shall be governed by the provisions of Article 15.1.c) of this Law and its implementing rules.

First transient disposition. Learning contracts.

By way of derogation from the provisions of Article 11.2 (d), workers who have been linked to the undertaking by a training contract which has not exhausted the maximum period of three years may only be employed again by the same company with a learning contract for the duration of up to three years, with the duration of the training contract being computed for the purpose of determining the remuneration corresponding to the apprentice.

Second transient disposition. Contracts concluded before 8 December 1993.

Contracts in practice, for training, part-time and for discontinuous fixed workers, concluded before 8 December 1993, the date of entry into force of Royal Decree-Law 18/1993 of 3 December 1993, continue to be governed by the rules under which they were concerned.

The provisions of this Law shall apply to contracts concluded under Royal Decree-Law 18/1993 of 3 December, except as provided for in the second subparagraph of Article 11 (2) (d).

Transitional provision third. Contracts concluded before 24 May 1994.

Temporary employment promotion contracts concluded under Royal Decree 1989/1984 of 17 October 1994, which were concluded before 24 May 1994, the date of entry into force of Law 10/1994 of 19 May 1994 on the urgent measures to promote the occupation, will continue to be governed by the regulations under which they were concerned.

Temporary contracts for which the maximum duration of three years has expired between 1 January and 31 December 1994 and which have been extended for less than 18 months may be the subject of a second extension. until completion of that deadline.

Transitional disposition fourth. Enforcement of regulatory provisions.

In all that does not object to the provisions of this Law, the contract of relief and the partial retirement will continue to be governed by the provisions of Articles 7 to 9 and 11 to 14 of Royal Decree 1991/1984, of 31 October, by the that the part-time contract, the replacement contract and the partial retirement are regulated.

Transient disposition fifth. Validity of rules on working hours and breaks.

The rules on working hours and breaks contained in Royal Decree 2001/1983 remain in force until 12 June 1995, without prejudice to their suitability by the Government, after consulting the employers 'and trade unions' organisations. affected, to the forecasts contained in Articles 34 to 38.

Transitional disposition sixth. Work ordinances.

The Work Ordinance currently in force, except that by an agreement of those provided for in Article 83.2 and 3 of this Law, is established otherwise in terms of its validity, will continue to apply as a right, as long as they are not replaced by collective agreement until 31 December 1994.

Without prejudice to the foregoing paragraph, the Ministry of Labor and Social Security is authorized to repeal in whole or in part, in advance, the Labor and Labor Regulations, or for to extend until 31 December 1995 the validity of the Ordinance relating to sectors which have problems of coverage, in accordance with the procedure laid down in the following paragraph.

The repeal will be carried out by the Ministry of Labor and Social Security, prior to the report of the National Consultative Commission on Collective Agreements concerning the coverage of the content of the Ordinance by negotiation collective. For such purposes it shall be assessed whether in the field of the relevant Ordinance there is collective bargaining which provides sufficient regulation on the matters in which this Law refers to collective bargaining.

If the commission were to report negatively on the coverage, and there would be legitimate parties to collective bargaining in the area of the Ordinance, the commission may convene them to negotiate a collective agreement or agreement on specific materials to remove the coverage defects. In the absence of agreement in such negotiations, the commission may agree to submit the dispute settlement to an arbitration.

The concurrency of the agreements or agreements to replace the ordinances with the collective agreements that are in force in the corresponding areas, will be governed by the provisions of article 84 of this Law.

Transitional disposition seventh. Extinctions prior to 12 June 1994.

Any extinction of the employment relationship produced prior to June 12, 1994, date of entry into force of Law 11/1994, of May 19, will be governed in its substantive and procedural aspects by the rules in force on the date of that it would have taken place.

The procedures initiated prior to June 12, 1994 under the provisions of Articles 40, 41 and 51 of this Law in accordance with the previous wording, will apply to them the regulations in force on the date of their initiation.

Transient disposition octave. Elections to workers ' representatives.

1. The elections to renew the representation of workers, elected in the last period of calculation prior to the entry into force of this Law, may be held for fifteen months from 15 September 1994, the corresponding terms of office until the new elections are held for all purposes, without being applicable during that period as laid down in Article 12 of Law 9/1987 of 12 June 1987 on bodies representing the the working conditions and the participation of staff at the service of the administrations Public.

2. By majority agreement of the most representative trade unions, a timetable for holding elections may be established during the period referred to in the preceding paragraph in the relevant functional and territorial areas.

These calendars will be communicated to the public office at least two months in advance of the initiation of the respective electoral processes. The public office shall give publicity to the calendars, without prejudice to the processing under Article 67.1 of this Law of the written promotion of elections corresponding to those. The communication of these calendars shall not be subject to the provisions of the fourth paragraph of Article 67.1 of this Law.

The elections will be held in the various working centres in accordance with the timetable and their pre-notices, except in those centres where the workers have opted, by agreement. majority, to promote the elections on a different date, provided that the corresponding written promotion had been sent to the public office within 15 days of the deposit of the calendar.

The elections promoted prior to the calendar deposit will prevail over the same in the event that they had been promoted after 12 June 1994 provided they had been formulated by the workers of the relevant labour centre or by agreement of the trade unions which hold the majority of the representatives in the centre of work or, where appropriate, in the undertaking. This same rule shall apply to the elections promoted earlier than the day indicated, in the event that the electoral process has not been completed by that date.

3. The extension of the duties of staff delegates and members of works councils and the effects thereof shall be fully applied where the time limit laid down in the number 1 of this provision has elapsed. transient.

transient disposition ninth. Institutional participation.

The period of three years to request the presence of a union or a business organization in an institution of institutional participation, to which the additional provision of the Organic Law of Freedom refers. Trade union, it will start to be counted from 1 January 1995.

Transient disposition tenth. Temporary incapacity for work and temporary invalidity.

To those who, on 1 January 1995, are in situations of temporary incapacity for work or temporary invalidity, whatever the contingency they will derive from, the preceding legislation will apply to them. the extinction of those.

Transient disposition eleventh. Leave of absence due to the care of children before 13 April 1995.

The situations of leave of absence for child care, in force on 13 April 1995, date of entry into force of Law 4/1995, of 23 March, under the provisions of Law 3/1989 of 3 March, will be governed by the provisions of the This Law, provided that the surplus worker is in the first year of the period of leave or of that period exceeding the year to which it had been extended, by collective or individual agreement, the right at the said date of entry into force to the reserve of the job and to the computation of the age.

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

Single repeal provision.

The provisions of this Law are repealed and expressly stated:

(a) Law 8/1980 of 10 March of the Staff Regulations.

b) Law 4/1983, of 29 June, fixing the maximum legal day in forty hours, and the minimum annual leave in thirty days.

(c) Law 32/1984 of 2 August on the modification of certain articles of Law 8/1980 of 10 March of the Staff Regulations.

(d) Law 8/1988 of 7 April on infringements and penalties in the social order, Articles 6, 7 and 8.

e) Law 3/1989 of 3 March, extending to sixteen weeks maternity leave and establishing measures to promote equal treatment of women at work, the first article.

(f) Law 4/1990, of 29 June, of the General Budget of the State for the year 1990, the second provision second.

(g) Law 2/1991 of 7 January on the Rights of Information of Workers ' Representatives in the field of recruitment.

(h) Law 8/1992 of 30 April, amending the system of permits granted by Law 8/1980, the Staff Regulations, and 30/1984, of measures for the reform of the civil service, to the adopters of a minor of five years, Article 1.

(i) Law 36/1992 of 28 December 1992 on the amendment of the Staff Regulations on compensation in the case of contractual termination of the employer's retirement.

(j) Law 10/1994 of 19 May on urgent measures to promote occupation, except for the fourth, fifth, sixth and seventh additional provisions.

k) Of Law 11/1994 of 19 May, amending certain articles of the Workers ' Statute, the articles of the Law on Labour Procedure and the Law on Infringements and Sanctions in the Order Social, Chapter I, Articles 20 and 20 of Chapter III, the first, second and third provisions of the first, second and third transitional provisions, and the final, third, fourth and seventh provisions. (l) Law 42/1994, of 30 December 1994, of fiscal, administrative and social measures, Articles 36, 40, 41, 42 and 43 and the additional provision sixteenth.

(m) of Law 4/1995 of 23 March of the regulation of parental and maternity leave, Articles 1 and 3, the single additional provision and the first subparagraph and the first subparagraph of the second paragraph of the transitional provision only.

Final disposition first. Self-employed work.

Your self-employed work will not be subject to labour law, except in those aspects that are expressly provided for by law.

Final disposition second. National Consultative Commission on Collective Agreements.

A national consultative commission will be set up, which will have the task of advising and consulting the parties to the collective bargaining negotiations in order to approach and determine the functional areas of the agreements. The Ministry of Labour and Social Security shall make appropriate arrangements for its establishment and operation, whether autonomous or connected with any other existing institution of similar functions. The Commission shall always operate at a tripartite level and shall draw up and keep up to date a catalogue of activities which can be used as an indicator for the determinations of the functional areas of collective bargaining. The operation and decisions of this commission shall always be without prejudice to the powers that correspond to the jurisdiction and the employment authority in the terms established by the laws.

Final disposition third. Rules for the application of Title II.

The Government, prior to the consultations it deems appropriate to the business associations and trade union organizations, will dictate the necessary rules for the application of Title II of this Law in those companies belonging to sectors of activity in which the number of non-permanent workers or workers under the age of 18 is relevant, as well as to the groups in which, by the nature of their activities, mobility is permanent, an accused dispersion or a movement of locality, linked to the normal exercise of their activities, and in which other circumstances are present which make it advisable to include them in the field of application of Title II. In any event, those rules shall respect the basic content of those representation procedures within the undertaking.

Under the guidelines set by the state mediation, arbitration and conciliation body, which will also be responsible for its custody, the National Statistics Institute will prepare, keep up to date and make public the census companies and busy working population.

Final disposition fourth. Type of contribution of the Salarial Guarantee Fund.

The rate of contribution for the financing of the Salarial Guarantee Fund may be reviewed by the Government according to the needs of the Fund.

Final disposition fifth. Development provisions.

The Government will dictate the provisions that are necessary for the development of this Law.