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Resolution Of 7 September 1994, Of The General Directorate Of Labour, By Which Registration Is Available In The Register And Publication Of The Text Of The Collective Agreement Of The Industry Of Footwear.

Original Language Title: Resolución de 7 de septiembre de 1994, de la Dirección General de Trabajo, por la que se dispone la inscripción en el Registro y publicación del texto del convenio colectivo de la Industria del Calzado.

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TEXT

Having regard to the text of the Collective Agreement on the Footwear Industry (Convention Code number 9900805) which was signed on 22 July 1994; on the one hand, by the representatives of the Federation of Industries of the Footwear Spanish (FICE) and the Association of Auxiliary Companies of the Calzado by the business side, and of another, by the representatives of the Union Central and the CC.OO., representing the labor collective affected, and in accordance with the provisions of the Article 90, 2 and 3 of Law 8/1980 of 10 March of the Staff Regulations and of the Royal Decree 1040/1981, of 22 May, on the registration and deposit of Collective Labour Conventions,

This Work General Address agrees:

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

Second. -Dispose your publication in the Official Journal of the State.

Madrid, September 7, 1994. -Director General, Soledad Cordova Garrido.

FOOTWEAR INDUSTRY COLLECTIVE AGREEMENT

CHAPTER I

Section 1. Fields of application, validity, duration and extension

REPORTING AND PROMOTION

Article 1. Territorial, functional and personal scope.

A) Territorial scope. This Convention is applicable throughout the Spanish State.

B) Functional scope. -The Convention obliges all companies engaged in the manufacture of footwear and the ancillary industries of footwear manufacture.

C) Personal scope. -The Convention will affect all employees of the companies included in the functional area.

Article 2. Vigency, duration and extension.

This Convention will enter into force on 1 March 1994 whatever its date of publication in the Official Journal of the State, and its duration will be until 28 February 1995.

It is recommended that companies pay agreed wages, from the date of the signing of the Convention, since their entry into force will be from 1 March 1994, and companies will be obliged to pay the differences produced from that date until its publication of the Convention in the "Official State Gazette" within 10 days of the first date of the usual payment in the company, penalizing the delays with 25 per 100 of the amount due.

Article 3. Application and personal guarantee.

A) Nature of the agreed conditions.-The agreed conditions constitute a whole organic and indivisible and for the purposes of their practical application, they will be considered globally.

B) All economic and other conditions contained in this Convention as a whole shall be considered to be minimal, so that the present agreements, clauses or situations in companies, (a) which implies a more beneficial condition in relation to the conditions agreed upon by the staff, and shall remain as 'guarantee ad personam' for those who are enjoying them.

The legal improvements that will be made in the future and affect the working relationships, both economically and socially, will be incorporated into the Convention, provided that this is brought about in economic matters by overcoming global and annually agreed at the level of the Convention.

Article 4. Denunciation and promotion.

The denunciation and promotion of this Convention shall be carried out in accordance with the provisions of Article 89 of Law 8/1990 of 10 March of the Staff Regulations and other provisions of general application. The notice period shall be two months before the end of the Convention.

Denounced the Convention and until no express agreement is reached, they will lose validity only the mandatory clauses, keeping in force, instead, their normative content.

The next Convention will begin to be negotiated during the first half of February.

Section 2

INTERPRETATION AND MEDIATION COMMISSIONS

Article 5. Interpretation and surveillance.

1. For the purposes of interpreting and monitoring this Convention, a Joint Committee shall be set up to act as President of the person elected by both parties or, failing that, who has been the person of the deliberative Commission of the Convention. The President's duties will be the functions of the moderator, orienting those points where there is a discrepancy between the parties, not being able to vote in the decisions to be taken by the Joint Committee.

2. The Joint Committee on Interpretation and Surveillance shall be composed of three Vocals from each of the Central Trade Union Trade Unions and UGT and six other representatives of the FICE, from both sides in the deliberative Commission. It shall also be cited for the absence of any rightholders, the corresponding alternates. If both representations are to be specified, the appropriate advisers and technicians may be incorporated into the Commission for any approach arising out of the interpretation and application of the Convention.

3. Its scope will be the same as the Convention and may be convened or acted upon at the request of either party, anywhere in the national territory where the conflict is raised, for which the request shall be addressed to the Secretary-General of FICE, which will be obliged to convene and hold it within a maximum of 15 days.

Travel and subsistence expenses will be charged by FICE with a maximum of four meetings per year. The remainder of the meetings held by the commission shall be without payment by FICE.

4. The chosen Commission shall have the following specific functions:

(a) Interpretation of the application of all the clauses of the Convention.

(b) Arbitration for all the problems or issues arising from the application of the Convention or in the cases specified in its text.

c) Monitoring of compliance with the agreed upon.

(d) How many other activities tend to be more effective in the Convention.

e) Other than, where appropriate, determine the current legislation and others that will be enacted in the future.

5. The resolutions or agreements of the Joint Committee shall be binding and binding on the parties, without prejudice to the exercise of the actions which may be used in the area of jurisdiction and labour administration.

6. The Convention Committee may act to deal with specialised matters such as: Organisation, professional classification or the adequacy of generic rules to specific cases.

Article 6. Provincial and regional mediation committees.

Paragraph 1. Mediation Comsions of the Joint Commission of Interpretation and Surveillance will be established to understand individual or collective conflicts in the sphere of their territorial area of competence.

Their functions will be those of mediation and conciliation in individual conflicts, which are not attributed to the role of interpretation of the Joint Commission for the interpretation and monitoring of the Convention.

If no agreement is reached, both parties will be able to request an arbitration of law, the award of which will be binding on them.

Paragraph 2. These Commissions shall be composed of two members on behalf of the business owners, two other members of the Trade Unions, acting as moderator of a member of the two representations, elected at the previous meeting. It will be the function of the moderator to establish the agenda of the topics to be discussed and to address the meeting. The presence of the interested parties or their accredited representative shall be obligatory for the purposes of hearing.

With regard to advisors and alternates, the same criterion is applied as in the case of the Joint Commission's performance of interpretation and surveillance.

Paragraph 3. The mediation commissions will be created with provincial scope, except in the province of Alicante that will be created three Comarcales Commissions, one located in Elda, another in Elche and another in Villena.

Article 7. Technical Committee of the Convention.

A Technical Commission, consisting of two Business Representation Vocals, and two from each of the Convention's signatory Trade Unions, will be set up, which will study the following topics:

Social Security and Unemployment.

Clandestine.

Labor reform and its adaptation to the Convention.

Job assessment and recasting of levels.

Risk Map.

The functions of this Commission will be as follows:

1. To complete the technical work of description and assessment of the job, the negotiating parties of the Convention being committed to having completed the above mentioned works before the start of the negotiations of the next Convention, to the object of their automatic incorporation into the text of the Convention, in such a way as to serve as a text, a basis for negotiation for the Convention, the negotiation of which would be concluded in 1995.

2. Inform the Negotiating Commission of the technical conclusions on the feasibility and effects of its incorporation into the Convention.

3. Study the sectoral issues on the other topics and draw up a report of conclusions.

4. To propose to the Negotiating Commission the agreements on matters affected by the labor reform, for incorporation or modification in the Convention.

CHAPTER II

Section 1.

ORGANIZATION OF WORK AND SYSTEM IMPLEMENTATION

Article 8. Organisation of work.

The practical organization of the work, subject to this Convention and the legislation in force, is the exclusive faculty of the company, which will be responsible for its use in the State.

Without merit of the authority that corresponds to the company or its legal representatives, the workers have the right to participate in the company through the organs of representation regulated in this Convention and in the Law, with the rights and limitations set out in these texts.

WORK ORGANIZATION

Measured time work

Article 9. System deployment.

Paragraph 1. The initiative for the establishment of systems of organization to central production, as well as incentive of the work, corresponds to the company and may refer to its totality, to certain sections or centers or places of work or to units (a) uniform working conditions which do not break the unity of the productive system.

When the partial implementation of a measured time-work system increases workloads in another section, centre or post, above normal performance, it will be mandatory, in the latter, to be applied. system.

Paragraph 2. In the establishment of systems of organization of work, as well as systems of incentives to measured times, the report of the Committee or Delegate of Personnel or Trade Union Sections will be required, according to which is set out below:

The company will be able at any time to carry out the corresponding studies for the determination of times, using any of the techniques that exist to the effect. In order to carry out these studies, no prior procedure will be necessary, although the Committee will be informed of the subject matter, without this being obligatory for the employer in terms of its application.

Once the studies have been completed and if they are to be used for the modification of the working conditions or remuneration of the staff, they will be delivered to the affected one week in advance of the test period, if the They wish to ask for the presence of the advice of the Staff Delegates or members of the Business and Technical Committee of the Trade Unions, to whom the company will facilitate the entry into it for them to carry out the measurements and comparisons which they consider necessary, in order to compare them with the company's study. The new studies will undergo experimentation for a maximum test period of thirteen weeks.

On the last day of the trial period the affected workers or in their case the Business Committee or the Staff Delegates, assisted by their technicians will be obliged to deliver the report, and if they do not deliver this it will be understood that is positive. Fifteen days before the end of the trial period, the company will recall in writing the completion of the deadline.

In case of conformity, the approved system shall enter into force on the following day, with its submission to the competent authority of the Administration, within a maximum of 10 days for approval.

In the event of disconformity of the report submitted by the Staff Committee or Delegates, the reports from both parties shall be forwarded to the competent authority of the Administration, which shall decide.

Paragraph 3. In the application of a system of times, account must be taken, among other factors, of the following:

a) The implementation by the company of the method.

b) The necessary period of adaptation of the workers affected by the working method.

c) The perfect division into elementary sequences of the jobs to be timed.

d) The regularity in the supply and quality of raw materials, in the quality of the tools and the correct functioning of the machinery.

e) The definition of the level of quality required at work and corresponding to the requirement subsequently.

f) The number of hours actually worked per day will be taken into account.

Paragraph 4. In the implementation of new incentive schemes and during the trial period, the company will have to guarantee workers at least the incentives they would have obtained, as a mean, in the previous 90 days of effective work in legal working time, as long as the same amount of effort is developed at work.

This period will be reduced in the time required to ensure that no incentives are used in this calculation to the salary of the previous year's Convention.

During the probationary period, the worker may not be punished for not reaching the minimum required, when the causes are outside the worker and imputable to the system itself.

Paragraph 5:

5.1 In the centres where some scientific method of measurement of the work is applicable, it will be considered normal activity, which in the different and most common measurement systems, corresponds to the rates of 60, 75 and 100. consider the optimal activity corresponding to the previous systems with the indices 80, 100 and 135.

5.2 Incentive fees may be revised when activities above 140 or their equivalents on other scales are achieved on an ongoing basis, which will be the minimum review. The difference between the optimum (133 or equivalent) and the minimum revision (140 or equivalent) shall be considered as a margin of guarantee for workers.

Article 10. Determination of the activity and quality.

Paragraph 1. The activity shall be calculated by the ratio between the production obtained and the production considered or established as normal.

For the establishment of normal performance in a streamlined system, account shall be taken at least of the coefficient of fatigue, for personal needs, the basis of fatigue, physical effort, lighting, monotony, noise, heat, humidity, concentration, etc. From such a determination, the incentive line shall be a straight line defined by the following points: A normal performance, the salary corresponding to the professional category.

Paragraph 2. The company will not be able to increase the quality requirements of the work, compared to that existing at the time of the introduction of the incentive system, unless the price per unit of time is increased or the The amount of work decreases in relation to the new level required. For the purposes of this paragraph, account shall be taken of the provisions laid down in Article 9 (3) (e).

Article 11. Times of unemployment and waiting.

They will have to consider periods of unemployment and wait for those in which the worker has to remain inactive for causes that, being beyond the will of the worker, are imputable to the company, except in the circumstances contained in the legislation in force as not attributable to either party.

When the time of unemployment and waiting occurs for causes beyond the worker's will and imputable to the company, the worker will perceive as a premium, the average of what was perceived in the previous month.

Article 12. Review.

The review of times and yields should be performed in the following cases:

a) By reforming the industrial or administrative methods or procedures in each case.

(b) Where the calculation or measurement error has been demonstrated in a manifest or undoubted manner.

(c) When the returns obtained by the worker, they do not reach repeatedly and for causes beyond their will, the considered as normal performance.

(d) When the returns obtained by the worker exceed repeatedly of the 140 or their equivalents on other scales.

In these cases, the values obtained will first be presented to the affected operators and their legal representatives and to the trade union technicians. In the event of disconformity, the official technicians of the Ministry of Labour shall be required to report to the official technicians of the Ministry of Labour immediately, and the relevant working authority shall be referred to the competent authority for its decision. The trial period for these cases will be seven weeks.

Due to this period, it will not be considered a sanction to adjust the perceptions to the yields and always as a result of the resolution that in its day is dictated.

Section 2.

HIGHLIGHTS

Article 13. Flaps.

1. In undertakings which are to be used for the purposes of this Convention, the fixing of prices per unit of work shall be carried out by mutual agreement between the parties on the basis of a scientific system set out in the provisions of this Convention. workers to seek the assistance of the Staff Delegates or the Enterprise Committee.

In case workers do not seek the presence of their elected representatives, the company must inform them of the agreement. When the price fixing is to be seen on new implementation tasks and when no agreement is reached on its price, the urgent intervention of the Mediation Committee will be requested, in order to give its opinion.

Once the price has been set, there will be settlement of differences with retroactive effect.

2. Companies that are currently working on the weaning or non-time-controlled methods and wishing to implement measurement systems on time will ensure that all workers affected in the event of reaching agreement on the implementation of new systems, at least and in the form of ' ad personam>, the average daily of the amounts received over the last six months, provided that they reach the same level of production as they obtained, by the previous system; the said guarantee will be reduced in the the same proportion as the level of production is diminished, unless the causes of the (a) the reduction in the number of workers and imputable to the system itself.

CHAPTER III

Section 1.

STAFF CLASSIFICATION

Article 14. Classification of personnel according to their activity.

1. The classifications of personnel and professional categories entered in this Convention and the corresponding nomenclator are merely indicative and do not entail the obligation to have all the places listed if the needs and the Company volume does not require it.

2. In the case where a worker habitually carries out several tasks of his or her own profession or professional categories, he or she shall be classified according to the activity of higher qualification, receiving the salary of the same.

3. They are merely informative of the different tasks of each trade and category, since every worker of the company is obliged to carry out as many works and operations to order his superiors within the general task of his own professional competence, including the cleaning of your machine and work items, all without undermining your personal dignity and professional training.

4. According to the activity carried out in the company, the staff employed in the footwear industries will be classified in the following general groups:

a) Managing staff.

b) Technical personnel.

c) Administrative and commercial personnel.

d) Workers ' personnel.

e) Aspirants.

f) Subalternate personnel.

The definitions of groups included in this chapter correspond to the professions, categories or jobs common to all the activities covered by the general scope of the Convention.

In the profession and trades nomenclator, the definitions of the professions and trades will be included.

A) Managing staff. -It will be considered managers who, with responsibility for the production, organization, administration or sales, perform works for which they need special knowledge, preparation, experience and exercise management functions.

B) Technical personnel. -They shall be considered as technicians who hold the upper secondary degree, diplomas of educational or professional teaching centres, or those who lack qualifications, with an accredited preparation by the continuous practice, have been contracted to perform functions described as own of the technical staff in the nomenclator.

C) Administrative and commercial personnel. -It is considered administrative and commercial personnel who, under the direction of the managerial or technical staff, carry out the various administrative or commercial works entrusted to it and which are listed as such in the nomenclator.

D) Workers 'personnel. -It is considered workers' personnel who, under the direction of the managerial or technical staff, carry out the various works and tasks of the production process that are entrusted to them, without participating directly in the latter, they carry out specific work of their trade, and which is listed as such in the nomenclator.

F) Subalternate personnel. -It is considered subaltern personnel that without being included in the above points is defined as such in the nomenclator.

Other professional categories.

5. Head of department is that person who at the orders of the general manager of manufacture has in charge several sections dedicated to the same order of activity.

6. Industry manager is the person who assists and sometimes replaces the section Encharge.

7. Sub-section in charge of section is the person who assists and sometimes replaces the section manager.

8. Mobile sales establishment manager is the employee who at the orders of the Company's Directorate exercises during certain periods the administration of the sales establishments.

9. Modelista is the one who performs the artistic tasks of creation, runs them until they get adjustments, combinations and, in general, how many operations and decisions are necessary for the confection of the sample. Depending on the size of the company, it will jointly perform the functions attributed to the employer.

10. Patronist is the staff who, picking up the indications of a modeler or the company's management, performs model adjustment and goes on to hormas. Depending on the size of the company, it will carry out scaling and other activities of the specialty.

11. Assistant is the operator who performs tasks of secondary character in the sections included in the table of salaries annexed to this Convention, or assists within the same activities to an operator of greater professional category.

12. Timekeeper is the technician who carries out the measurement of the performances and activities carried out in each job.

13. Companies will accommodate the remuneration of staff on the basis of the same work as the same category, so that in no case can any job be remunerated on the basis of sex and if only on the basis of the work done.

14. However, until such time as the nomenclator for the footwear industry is approved, the definitions of professional categories which were included in the Work Regulations, included in Article 2, will remain in force. of the Ordinance of 27 June 1969, on a provisional basis.

Article 15. Classification of personnel according to their permanence in the company.

1. Fixed staff. -It is the one that through the learning or after the probationary period becomes part indefinitely and definitively in the template of the company.

2. Interim staff. -It is the one who replaces another worker with absences, sickness, military service, etc., causing the company to become permanently low when the replaced worker is rejoined and the name of the replacement must appear on his contract the cause of their replacement.

3. Eventual staff. -It is the contract to attend to productive needs, new or extraordinary works superior to the normal ones.

The contract of employment will be for a minimum duration of three months, being extended for three more months, and at the end of the same will cease in the service of the company, or otherwise, it will pass to the condition of personnel contracted for indefinite time in the company template.

In no case will the same job be covered by any staff for more than six months in the period of one year. This staff at the end of his contract and not becoming part of the company's staff, shall receive an amount equal to 20 per 100 of the total of his wages and other emoluments accrued during the duration of the contract.

4. In other cases, the provisions of the existing legislation will be in place.

Article 16. Test periods.

Any new entry staff will be submitted, provided it is agreed in writing, to a trial period, the duration of which will be:

a) Managing and technical staff: Four months.

b) Technical staff not entitled: Two months.

c) Administrative staff (first and second officers): Thirty days.

d) Administrative aid, trade and non-skilled personnel: Fourteen days.

Article 17. Notice period.

The personnel that you want to cause low in the company service, must give the following prewarnings:

a) Managing and technical staff: One month.

b) Administrative staff: Ten days.

c) Staff Rest: Seven days.

The failure to comply with the obligation to provide prior notice entitles the undertaking to deduct from the worker's liquidation an amount equal to the amount of his daily wage, for each day of delay in the notice.

Having advised against this in advance, the company will be obliged to liquidate at the end of this period the fixed concepts that can be calculated at the moment. The rest of it will be at the usual time of payment.

The failure to comply with this obligation to the company will lead to the right of the worker to be compensated with the amount of a daily wage for each day of delay in the liquidation, with the limit of the duration of the own notice period. No such obligation will be given and therefore no such right is born, if the worker did not comply with the right notice.

Section 2.

ADDRESS JOB

Article 18. Work at home.

It is a contract of work at home, in which the provision of the work activity is carried out at the address of the worker or at the place freely chosen by the worker and without the supervision of the employer.

The contract will be formalized in writing with the visa of the employment office, where a copy will be deposited, including the place where the work is performed, in order to be able to demand the necessary hygiene and safety measures to be determined.

The home worker has the right to work the same number of days as the equivalent professional category worker, within the company, and must develop the same normal performance as that determined for this worker.

Article 19. Salary of work at home.

The workers at home, for the day agreed in this agreement, will receive the salary fixed in the same to normal performance, plus a 10 per 100 of the same salary in general expenses (light, tools, etc.).

It will not hurt the worker's salary the lack of work not attributable to it; in this case, only, he will no longer perceive the 10 per 100 that is fixed in terms of expenses during the days that he lacks work. Expenditure by several persons shall be paid by the undertaking, on the basis of justification on the part of the employees.

Section 3.

TOP-CATEGORY JOBS AND PROMOTIONS

Article 20. Top-rated work.

In the event that a qualified worker, normally carries out several tasks of different trades and professional category and cannot measure his/her work, the maximum category and remuneration for incentives will be applied to corresponding to the most incentive job in the section, within those of the above category.

All workers, in case of need, may be assigned to higher-class jobs, with the salary corresponding to their new category, reintegrating into their old post when the cause of their change ceases.

This change cannot be longer than four months uninterrupted, owing the worker at the end of this time, returning to his old position and category.

When a worker performs for four consecutive months higher category jobs his salary in that higher category will be respected, automatically filling the vacancy unless there is another worker in the company who (a) a better right, in which case it shall be carried out in accordance with Article 17 of the Convention.

Notwithstanding the above paragraphs, in the event that a worker holds senior positions, for twelve alternate months, he will consolidate the salary of that category from this point of time, without The creation of a job in this category is necessarily the case.

The three preceding paragraphs are applicable to cases of replacement by military service, illness, accident of work, permits or occupation of official positions, in which case the substitution shall comprise all the time they last the circumstances that have motivated him.

Article 21. Promotions.

Paragraph 1. All promotions, excluding the cases provided for in paragraph 2 of this Article, shall be carried out among the employees of the company's staff who opt for the place, provided that they meet the conditions for their performance, demonstrated to through training tests. Such evidence must be judged and resolved by an examiner, composed of the same members and on the same terms as in Article 17 of this Convention.

Companies are obliged to give due publicity, to the knowledge of all the employees of their staff, of the call for vacancies that occur in the different categories and the date of commencement of the tests.

Paragraph 2. Access to the vacancies of Encharged or Head of Section the workers who, enjoying the trust of the company, exercise a qualified trade and complete their theoretical knowledge prior examination of the aptitude of the the court appointed by the undertaking, before which, at the very least, the practical knowledge of the workshop and technology equivalent to those required for obtaining the official title of the Master's or Industrial Office, as appropriate. That examination shall be exempt from that examination which is in possession of that title.

CHAPTER IV

Section 1.

JOURNEY

Article 22. Day.

For annual computing purposes, the weekly day of forty hours will be 1,816 hours of effective work.

The annual count will be from January 1 to December 31.

Companies for manifest productive reasons and meeting the needs of work accumulation, will be able to relax the day in a weekly period for sixty hours in each calendar year of the year, respecting the number of agreed annual working hours and in their weekly distribution may be exceeded by the

s forty hours of work in periods of accumulation with the limit of nine hours daily, Monday to Friday and forty-five hours a week.

The company will be obliged to communicate with eight days in advance, at least, the start date of the period to be made more flexible, both in the case of increase and reduction, agreeing with the workers ' representatives, during those eight days the compensation dates.

The company of mutual agreement with the legal representatives of the workers and if the needs so demanded will be able to agree a greater number of hours to be more flexible within the semester.

In any case, the minimum rest between day and day of twelve hours will be respected.

In companies or sections where you work in shifts, you will obviously not be able to make the day more flexible.

The accumulation of working hours will be compensated in the periods of less work, excluding from this compensation the records of employment regulation and periods of I.L.T. or accident in which the company could be found or For the rest of the workers the compensation may be made on days of complete rest by mutual agreement between the two parties. A worker with a fixed-term contract who may be affected by the posting of hours of the ordinary day shall be compensated with rest for the hours accumulated.

For every five hours accumulated, six hours of rest will be compensated.

Companies making use of the flexibility of working time and employee representatives must notify the Joint Committee of the Convention in writing.

The posting of hours of the ordinary working day will not cause any displacement of the wage settlement corresponding to the fixed concepts, except in the company incentives on the production carried out Logically they will be adapted to the oscillations of this one.

Article 23. Continuous day.

In the day that is agreed in this Convention and for the continuous day, the rest by snack, it will be twenty-five minutes, so that effective work will have to be carried out forty hours a week from which you will not be able discount the aforementioned rest periods.

Workers will be able to request from the Work Delegation, the implementation of the continuous day, when the 60 per 100 of the company's template is expressed by the vote, putting, in advance, in knowledge of the same which are to be managed. The company may object to this request by the workers, by reasoned report, to the Working Delegation, which shall decide on the relevant.

Article 24.

Paragraph 1. It is excluded from the working arrangements of the Convention on the work of gatekeepers and guards with room-house. In these cases the special day will be adjusted to the assumptions regulated in the Royal Decree 2001/1983.

Paragraph 2. As regards the keepers, guards and guards, not covered by the previous Article, who are entrusted only with the functions of their professional category, they shall comply with the provisions of the provisions of this Article. references to the case.

Paragraph 3. In the case of technicians, managers, intermediate managers and operators whose action sets up or closes the work of others, the time may be extended, the time strictly necessary, without prejudice to the payment of such time, with the surcharges of overtime.

Article 25. Night time.

The hours worked during the period between ten and six in the morning, except that the salary has been established, taking into account that the work is night by its very nature, will have the consideration of night work.

Article 26. Exceptions to the night day.

Night work shall not be considered for special remuneration purposes by night surveillance personnel, gatekeepers or serenes who have been specifically engaged to provide services, exclusively, during the period of the night period. They shall not be considered to be excluded and, as a result, the work of the workers ' staff must be paid back, and not being specific to the monitoring mission.

Not included in the night rating shall be those works normally carried out on the day of day, which must be carried out in the night period as a result of events Exceptional catastrophic.

Section 2.

LICENSES, HOLIDAYS, AND EXCESS

Licenses and Excess

Article 27. Licenses.

Workers, upon notice and justification, may be absent from work entitled to receive the remuneration established for normal activity solely for any of the reasons and during the following periods of time:

1. Fifteen calendar days in case of marriage, the worker being able to opt for an extension of up to five days of this license without retribution.

2. For one day per transfer from his usual address.

3. For two days which may be extended for up to three more days, where the worker needs to move to the effect, in cases of birth of a child or serious illness or death of relatives up to a second degree of consanguinity or affinity.

4. By the wedding of a son, one day, in the case of a brother's wedding, he will be entitled to one day of absence, but without payment.

5. For the indispensable time, for the fulfillment of an inexcusable duty of public and personal character. Where it is established in a legal or conventional rule for a given period, it will 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 providing the work due to more than 20 per 100 of the working hours in a period of three months, the company may pass the affected worker to the situation of surplus regulated in the text of this Convention.

In the event that the worker is in charge of the duty or performance of the job, he will receive compensation, the amount of the same salary will be deducted from the company.

6. Workers with trade union charges shall be granted up to the number of days laid down in the legal provisions in force in the matter, with the right to pay which they would have to receive if they had worked. The cause and duration of the licence shall be accredited by the competent body.

7. 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.

8. 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.

9. The worker may apply for up to four days of unpaid annual leave, upon reasoned justification, in agreement with the Staff Committee or Delegates and provided that it does not hinder the normal pace of work in the same section. To this end, no more than one worker in the company of up to 25 workers, two in companies of 26 to 50 employees, 3 in companies of 51 to 100 workers and in companies of more than 100 workers 2 per 100 plus one, will not be able to enjoy this license. compute the resulting fraction as a unit.

10. Attendance at clinics and doctors ' offices during the working day shall be paid in accordance with the salary of the Convention, provided that they do not have established consultation schedules to assist them outside the working day. It is understood that the worker may not make use of this right for a period exceeding 16 hours per year.

There are exceptions to this limitation and, therefore, to the margin, the cases in which the assistance to medical centers is determined by optional prescription, in which the justified hours must be paid to the salary. Likewise, the four annual days referred to in Article 68 of the Labor Contract Law, in cases of sick leave, are also not included in this limitation. In all these cases the absences must be duly justified.

11. Companies which have their service workers who carry out studies are obliged to grant the same the licences necessary for them to be able to attend examinations in the calls of the relevant centre, but on the basis of those interested in having the registration formalised. This is applicable for obtaining the driving licence.

When the corresponding call for examination relates to the obtaining of the professional title of the activity carried out in the undertaking, such workers shall be entitled to the corresponding remuneration of the salary Convention, and seniority, if any, during the period of the duration of the licence.

They will lose such a right that they will be suspended in the middle of the subjects in which they are registered, considering as their submitters to these effects those in which they would not have been presented to the examination without justified cause. It will also result in the deprivation of these benefits not approving the same subject in two consecutive calls.

The permits used by the workers will not be discounted from the annual leave that corresponds to them.

Article 28. Holidays.

The annual vacation will be thirty calendar days.

The vacation will be paid to the average earned by each worker in the last thirteen weeks worked by the company.

This calculation will also serve the second period of enjoyment, in the event that they are split.

The dates on which the holidays are enjoyed will be negotiated in each locality.

Article 29. Surplus.

(A) Any of the spouses may be requested by one of the spouses in the event that they work, a surplus of up to three years for each child born and alive, to be counted from the date of delivery.

B) The worker with seniority in the undertaking of at least one year shall be entitled to be granted the status of voluntary leave for a period of not less than two years and no longer than five years, and may apply for a new In the case of a third-country national, the Commission shall be entitled to the following:

(C) Excess shall be granted where justified reasons for studies or incidents of a family nature are justified, without being more than two years or less than six months.

(D) When marriage is contracted, the worker shall have the right to continue in the undertaking or to remain on a voluntary leave of absence for a period of not less than one year and not more than three years.

(E) In addition, workers who perform union functions at a provincial or higher level for the duration of the exercise of their representative office may apply for their transition to the situation of surplus in the enterprise.

Article 30. Special leave.

(A) In exceptional cases of illness or serious accident of a family member, requiring care of such nature to prevent the work from being assisted normally, in the opinion of the employer and the Committee of Enterprise, it shall be entitled to return to their job with the two-month notice.

The worker who takes advantage of the provisions of this paragraph shall be obliged to record the duration of the application. In the event that the surplus was completed, the causes that prompted it, the application will have the right to be extended for the necessary and determined time, warning that the extension will be extended one week before the end of the year. to finish the one you are enjoying.

B) In the case of maternity, the worker shall be entitled to a leave of absence of up to three years, who shall request within 21 days, to count on the date of birth and its effects shall start from the day of the The date of the high post-party; after that period shall be entitled to return to his/her job at the undertaking, under the same conditions as on the date of the request for leave.

The last two years of this surplus will not count for the purpose of seniority.

Article 31. Forced leave.

Enforced leave will entitle you to the preservation of the post and the age of your term; it will be granted by the appointment or election for a public office that makes it impossible for you to attend work. The re-entry must be requested within the month following the end of the public office.

Section 3.

Military Service

Article 32. Military service.

During the period of service of the military service, or replacement, the workers shall have reserved their place of work, and must be rejoined to the undertaking within the following thirty calendar days, counted from its licensing, not being able, during this period, to provide services in undertakings of the same activity. On temporary leave they will have the right to serve in the company.

Workers who provide military service will be entitled to the collection of the extraordinary July and Christmas pages.

The staff who are vacant for military service shall pass upon rejoining the holder, to his former job, if he belonged to the firm on a fixed basis, or he shall be discharged if he has entered to cover that undertaking. If, during the first six months of the following months, all acquired rights are retained, it is in case of vacancies that they will be vacant, to which they will be entitled to any other applicant.

CHAPTER V

Section 1.

TEMPORARY SUSPENSION OF ACTIVITIES

Article 33. Temporary suspension of work activities.

1) Companies may suspend their work activities, for a maximum period of sixty working days, at any date of the year.

2) The temporary cessation may affect the whole of the template and be applied in an uninterrupted or discontinuous manner. In the event that the eesc affects only one part of the company's template and as long as this situation is maintained, the rest of the template may not exceed in its normal performance work, nor shall it perform overtime.

3) The affected staff will receive the total of their listed remuneration, which will be paid by 75 per 100 for the National Unemployment Insurance, and the remaining 25 per 100 for the company.

4) The procedure to be followed in the request for suspension of activities will be the one that currently governs for the footwear industry and which is regulated in the Order of the Ministry of Labor dated January 25, 1961.

5) The requests for temporary suspension of activities to which this article is contracted must be cured with the knowledge of the legal representatives of the workers.

Section 2.

TEMPLATE RESTRUCTURING

Article 34. Restructuring of staff.

The termination or suspension of the legal/labor relationship, of a part or of the entire template, referred to in the legislation in force at any time, shall be in accordance with the following procedure:

Paragraph 1. The Management of the company will bring to the attention of the Committee of Enterprise, Delegates of Personnel or Trade Union Committees, the situation of crisis, with two months in advance to the request, with the objective to study together the solutions possible to the problem, the time limit in which the Committee of Enterprise, Delegates of Personnel or Committees of trade union sections of company, and a union central of the signatories of the Convention, that have affiliation in the company will have to issue the precept report.

Paragraph 2. The knowledge of the crisis situation shall include information to the Committee on the production and market data, as well as with prior character, of any act on movable and immovable property of the company, without limiting the dispositive capacity of the employer in an effective way.

Paragraph 3. Throughout the entire file, the representation of employees may request intervention in the actions of experts and advisors with access to the company's accounting books.

Paragraph 4. In the event that the employment authority is authorised to restructure the workforce and before it is executed, the company will deposit in the corresponding Labour Delegation the amount of two months ' salary for each worker. affected by the file, as a guarantee of payment of the possible outstanding salaries and of the indemnities that have been confirmed by the labor authority or those that in its day are fixed by the Labor Magistrate.

In the event that between the extinction of the employment relationship and the perception of the unemployment benefit more than 15 days elapsed, the affected workers will be able to request from the Delegation of Labor, and from the fund which is created in the previous paragraph, which is paid up to fifteen days of your salary. For each new 15-day period which expires without receiving the unemployment benefit, you will be entitled to a new and identical payment from the Labour Delegation for each year of seniority in the company. These perceptions will be to discount the compensations that the Labor Magistracy establishes in its day.

CHAPTER VI

Section 1.

OF THE SALARY AND ITS ADD-ONS

Article 35. Wages and salary revision.

The annual salary corresponding to the provision of the work services during the annual calendar day, is the one indicated in the salary table annexed, for the different professional groups.

In your calculation, all salary remuneration corresponding to the annual working day and the salary benefits arising from your benefit, such as overtime and benefits, holidays, etc., are included. the sole exclusion of the personal complement of seniority and the incentives for productivity.

Pay review: If the consumer price index between 1 January and 31 December 1994 will exceed 3.5 per 100, the salary tables will be revised, with the existing difference being applied. up to the maximum limit of 1 per 100.

The payment of these differences will be made in a single payment and for the period from 1 March 1994 to 28 February 1995, as soon as the consumer price index for 1994 has been officially established.

Clause of non-application of the wage regime: The wage increase agreed in this Convention may not be applied in whole or in part, only in the case of companies whose economic stability may be impaired as consequence of such an application. Such economic stability will only be considered to be damaged when the application of the increase can cause irreparable damage to the economy of the company as forecast.

In order to benefit from such inapplicability, the company must make the request before the workers ' representatives within the maximum period of 30 days after the publication of the Convention in the Official State Gazette. the employees ' representatives, the company shall directly make the request to the Joint Committee, accompanied in any case by the following documentation:

(a) The justification for the application and the feasibility plan.

(b) Documentation showing the cause invoked between the one that will necessarily appear the one presented by the company to the official bodies (Ministry of Finance, Commercial Registry, etc.), which refers to the last two exercises.

c) Alternative wage proposal and possible recovery pact.

The parties will be able to reach agreement within 15 days, which must be notified to the Joint Committee of the Convention.

If no agreement is reached within the undertaking, the matter shall be raised to the Joint Committee of the Convention or the arbitrator appointed by common accord, which shall be competent to settle the matter in question and, where appropriate, to fix the alternative salary conditions.

The agreements on inapplicability reached by the representatives of the workers and the company, those reached by the Joint Commission and the arbitration awards will be unenforceable and executive.

Article 36. Extraordinary rewards.

The annual salary remuneration comprises three extraordinary pages, the amount of each of them being the equivalent of the thirty-day salary, plus seniority, if any.

Your payment will be made: One in July, one in December and one in the first half of March and September or prorated in the usual periods of payment.

Article 37. Seniority.

The company's personal pay supplement, called the seniority prize, will consist of a maximum of nine trienes of 2.6 per 100 each on the salary of the Convention.

The computation of seniority will start for all staff, starting from the first day of their entry into the company.

It will be calculated regardless of the category changes, not computing the service time in the apprentice and aspirational.

Article 38. Plus de nocturidad.

The salary supplement for the performance of night works, as determined by Article 25 of this Convention, is set at the equivalent of 25 per 100 of the salary/day of Table 1, for the night full day.

Article 39. Plus maintenance.

The staff doing manufacturing work will take care of maintenance tasks (mechanical, electrician, etc.), will receive for this work, additionally, 10 per 100 of the salary corresponding to a First Officer.

Article 40. Normal performance required.

Normal performance corresponds to the so-called normal activity, and the company may determine and demand it at any time, without it meaning or being interpreted as leaving this right.

Article 41. Incentives for productivity.

Paragraph 1. The remuneration for normal performance corresponds to the salary of the Convention.

Paragraph 2. To establish incentives, as well as to adapt them to this Convention, the companies that already have established them, should start from normal performance.

Paragraph 3. The incentives may be collective (section, chain, group, etc.) or individual, as determined by the company, giving priority to the establishment of collective incentives, where their implementation is susceptible.

Paragraph 4. Companies will be able to limit, to reduce proportionally and even to eliminate incentives, individually, to all those workers who for lack of aptitude or interest and attention, objectively demonstrated, will harm the production, without prejudice to measures which may be applicable to the case.

Paragraph 5. The incentives may be suspended in general, by sections or workers, where the purposes pursued by the system are unattainable due to the absence or reduction of the work or to the reform of the facilities, in which The workers must be informed 15 days in advance.

Paragraph 6. For companies that have an incentive remuneration established, production that exceeds normal performance, will be quantified at premium times and each of them will be paid at 25 per 100 of salary table day I.

Paragraph 7. When the performance of a job is difficult to measure, as is often the case with certain posts (administrative staff, auxiliary services, storage of goods and articles, etc.) and, in general, all staff who receive their remuneration on a monthly basis will be required to carry out a procedure for the indirect valuation of workloads, in the event of the establishment or establishment of a system in the company increase productivity.

The remuneration that such a staff receives will be proportional to the average perceptions of the direct labour force of the company or section, group, etc., to which it is attached, also this criterion will be applied where a system of incentives is established in one or more sections of the undertaking.

Paragraph 8. As far as this matter is concerned, the provisions of the legislation in force will be in force.

Article 42. Valuation of yields.

For valuation purposes, normal performance will be computed on a daily basis.

Article 43. Overtime.

The provisions of Article 13 of the International Agreement shall be as follows: paragraph 3 shall be replaced by the following:

Section 2.

FORM OF SALARY PAYMENT

Article 44. Daily, weekly or monthly payment.

When by agreement adopted by a simple majority of the workers, they manifest their desire to receive their wages or salaries according to Table II of Annex 2, the company will do so in accordance with this request.

Wages may be paid in legal tender or by means of a voucher or other similar payment method through credit institutions, subject to prior reporting to the Business Committee or Personnel Delegates.

The payment of the salary will be made within the working day, and the settlements must be verified, in the latter case within the first three days following the payment.

Article 45. Advances.

The worker shall be entitled to apply for advances on account up to the limit of 90 per 100 of the amounts due.

Section 3.

EXTRASALARIAL REMUNERATION

Article 46. Diets and travel.

When the worker is obliged to stay overnight or to carry out living expenses outside his home, the company will be paid such expenses, on the basis of a justification of the same, and corresponding, except for the exception of a three-star hotel.

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

Article 47. Plus away.

Companies that have established their work station more than two kilometres from the population and do not have their own means of transport for their staff, will pay each worker with their own home address. municipality a plus of 3.50 pesetas per kilometre per day.

Article 48. Tool wear.

When, by the nature of their work or by traditional custom, the worker provides tools of his or her property, he will perceive in terms of compensation for wear and tear of the same, the amounts that the worker, prior to justification, has paid for such a concept.

Article 49. Working garments.

The companies affected by this Convention are obliged to provide their staff at least one work item per year, except for those activities in which the greatest number is needed.

Article 50. Quote wages.

Assimilation groups for the minimum and maximum ceilings of the Social Security regime and for the professional categories of department manager, sector manager, section manager, section sub-manager, modeler and travelling, are the ones listed for each case in Annex number 1 to this Convention.

Quotation bases for all staff will be in force at any time.

CHAPTER VII

HEALTHCARE BENEFITS

Article 51. Welfare benefits.

Retirement Award. -Staff who apply for retirement before the age of sixty-six years and carry at least ten uninterrupted years of service in the company will be entitled for one time, and upon causing low, to a gratification, according to the following age scale:

Sixty years: Five monthly contribution salary allowances.

Sixty-one years: Four monthly contribution salary allowances.

Sixty-two years: Three-and-a-half monthly salary contributions.

Sixty-three years: Three monthly contribution salary allowances.

Sixty-four years: Two monthly contributions of contribution.

Sixty-five years: A monthly rate of contribution.

Note: If the minimum retirement age is changed, the scale set in the text will be modified in the same way.

Article 52. Retirement at the age of sixty-four.

In accordance with Royal Decree-Law 14/1981, which was dictated by the development of the NANE and in the event that workers with sixty-four years of age wish to qualify for retirement with 100 per 100 of the rights, the companies (a) the right to replace each retired worker under the Royal Decree-Law referred to above by another worker who is a recipient of unemployment benefit or a young applicant for first employment, by means of a contract for the same nature to be extinguished.

The agreement between the company and the worker will be necessary prior to the birth of that obligation in order to qualify for the aforementioned. This agreement, if there is to be such an obligation to replace it, will have to be made in writing.

For the event that there is no agreement between the parties, the worker concerned may request the mediation of the Joint Committee established in Article 6 of the Convention, which shall convene the parties and analyse the Circumstances of the case shall lift minutes of proceedings.

Article 53. Complement of I.L.T. during the holiday period.

Workers entitled to holidays, who will find themselves in a situation of I.L.T. before the collective enjoyment dates in the company, and continue in that situation during the holiday period, will receive a supplement The company, until 100 percent of the regulatory base for I.L.T., is completed by the company during the holiday period.

Article 44. Diminished capacity.

Companies will engage staff whose capacity has decreased by age or other circumstances, before retirement, by directing them to work appropriate to their conditions. The person who is unable to work as a result of an accident at work or an indemnity suffered at the service of the undertaking shall have a preference.

In order to place disabled workers, they will have the preferences set out in their specific regulations and the companies of more than 50 fixed workers will have to reserve for them up to 5 per 100 of their staff.

In a manner compatible with the legal provisions, the companies will provide the places of gatekeepers, ordinances, watchmen, etc., with those of their workers who by physical defect, illness or old age cannot follow by performing their trade with normal performance and provided that they are not entitled to a subsidy, pension or own means of support.

The coupled staff will receive the salary according to the category they perform.

CHAPTER VIII

Section 1.

OF BUSINESS DELEGATES AND COMMITTEES

Article 55. Representation of workers in the company, Enterprise Committees and Personnel Delegates.

The practical organization of the work is faculty of the company, which without merit of the corresponding authority, grants to the representatives of the workers the following faculties in order to the participation of the worker in the company.

1. Supervision on the placement of workers in the company and information on posts to be covered and decisions based on a rational assessment of skills (job valuation), with the Committee or Staff Delegates entitled to make appropriate legal claims. The union, through the Committee of Enterprise, Personnel Delegate or Trade Union Sections, will be aware of the contracts of work prior to its signature. Visa of the Committee or Delegates of Personnel in the documents that give to the end the employment relationship.

2. In the establishment and reviews of systems of organization of work, the Committee of Enterprise or Personnel Delegates shall intervene in the manner provided for in this Convention.

3. As long as the nomenclator of posts and subsequent assessment of such posts is not approved, the Committee of Enterprise or Personnel Delegates may require that the percentages to be observed by the office of office are respected.

footwear glamping.

4. The complaints provided for by the changes in employment will be dealt with by the company with mandatory intervention by the Staff Committee or the Staff Delegates; the report of the Enterprise Committee or the Delegates of the Staff for the partial or total transfer of the work centre.

5. The disciplinary measures taken by the undertaking in respect of any worker must be brought to the attention of the Committee of Enterprise or Personnel, which shall be required to submit a report to the employment authority. competent.

6. The Staff Committee or Delegates shall administer, in collaboration with the management of the company, the social, cultural and recreational funds which may exist in the undertaking.

7. In changes of ownership of the company, the Business Committee or Staff Delegates will be informed beforehand and will issue a report for the employment authority.

8. Each season the Business Committee or the Staff Delegates will be informed by the company's management about the general evolution of the productive sector to which the company belongs, on the evolution of the business and the situation of the company. production and sales of the company, its investment and production programme and the likely evolution of the company's employment and its accounting situation, as well as its plans to merge, absorb or change its legal status. This information will be absolutely confidential.

The Business Committee or the Staff Delegates may make proposals to the company's management, which will have to be studied jointly.

9. The conditions of work in matters of safety and hygiene shall be those laid down in the Ordinance of Safety and Hygiene at Work of 9 March 1971, and concurrent regulations, coming from the companies required for the elaboration, delivery and the implementation of a plan of safety and hygiene and occupational health measures to improve the facilities of the enterprises and the working environment in order to achieve an appropriate level of prevention.

(a) A Committee on Safety and Hygiene and Labour Health shall be set up in the work centres of more than 50 employees, which shall be composed of three representatives appointed from the staff by the Business Committee, (a) the person responsible for the health services and a representative of the management of the company; in the companies of more than 500 workers, there will be a worker for more than every 500 or a fraction, with a maximum of five.

In the job centers with fewer than 50 workers, the Staff Delegates will appoint, from among the staff and after consultation with the staff, the work health delegate. Workers through the Committee on Safety and Health and Occupational Health shall be entitled to the necessary information on the materials used, the technology and other aspects of the production process, which is necessary for the knowledge of the risks that affect physical and mental health.

The workers, individually, will be entitled to all information pertaining to the studies that are carried out on their environment at work and on their state of health, including test results, dysgnostics and (a) treatment to be performed. They shall have the right to have these results supplied to them.

The monitoring and monitoring of safety and health and occupational health conditions, as well as the processing of the collective dossiers for toxicity, penalties and dangerousness will be the responsibility of the Enterprise Committee or the Delegates of Staff, in collaboration with the Delegate or Committee on Safety and Health and Health, may report cases where there is a risk of accident or occupational disease.

(b) After one month after the company has not adopted the measures and deadlines which the Provincial Labour Office considers to be in the field of safety and hygiene and occupational health, workers shall be entitled to not to carry out their work, without prejudice to their actual remuneration when there is a danger of illness or imminent and serious accident.

The rating of imminent or serious danger will in any case be the responsibility of the Committee on Safety and Health and Health. In this case, the worker may be employed by the undertaking to any other job, exempt from risk, provided that his economic conditions are respected and his dignity as a worker and his or her training opportunities are not impaired. professional.

The worker who does not use the appropriate means of protection to the job or fails to comply with the security and occupational health measures of the position he/she occupies, may be punished, in accordance with the legislation in force.

(c) The environmental determination of the gases and vapours emanating from the glues and adhesives, i.e. control of the direct exposure of the workers who are in direct contact with these products, will be carried out annually.

Also, at the request of the company or the worker, every three months, an examination will be carried out of the urine of the workers whose level of exposure is above the recommended ones. This examination will be carried out outside the working hours (at the end of the day), and by the corresponding one.

10. It is also up to the Committees of Enterprise or Personnel Delegates to exercise all the functions that the legislation entrusts to the representatives of the workers in the company, being able to bring before the agencies and courts (a) the competent authorities of the Member States of the European Union and of the Member States of the European Union;

11. It is possible to hold workers ' assemblies, in the workplace, outside the working hours, with the assistance of the staff of the center and union technicians and with prior notice to the company, at least, a working day for the workers. applicants.

12. Considering that in the Collective Agreement of Calzado a reservation of twenty hours was established for the Delegates of Sections, it is congruent, within the regulations established in the Staff Regulations, to agree for the elected representatives of workers (Delegates and Committees) a credit of hours, according to the following scale:

Up to 250 workers: Twenty hours.

From 251 to 500 workers: Thirty hours.

From 501 to 750 workers: Thirty-five hours.

From 751 onwards: Forty hours.

These credit hours may be accumulated for periods of three months and transferred in favor of one or more representatives for a period of one year. Companies must be aware of possible accumulations and transfers prior to the beginning of the period for which they are carried out.

Section 2.

OF THE TRADE SECTIONS

Article 56.

Paragraph 1. Workers affiliated to a trade union will be able to set up in the workplace the corresponding trade union section.

Paragraph 2. The union section shall represent the trade union interests of its affiliates with the Company's management.

Paragraph 3:

3.1 The trade union sections of the labour centres may appoint from among their members a representative who will serve as a channel for communication and dialogue with the Directorate. This representative shall have the status of a fixed establishment plan for the centre concerned.

3.2 In the case of the existence of several centres in the same province and the same company, a single representative will be appointed by the trade union sections of each of the trade unions.

3.3 The delegates of the trade union sections who are not members of the Company's Committees shall be entitled to 20 paid hours, in charge of the undertaking, per month, for the performance of their duties, provided that the trade union section (a) it comprises at least 20 affiliated workers, making it possible for their use to cause the least damage to production.

Paragraph 4. The trade union sections incorporated under these rules shall have an appropriate notice board for the publication and dissemination of their agreements and communications.

Paragraph 5. In the event that the trade union section will change its representative for any cause, the corresponding union will be obliged to communicate the change to the company.

Paragraph 6. The companies agree to manage the collection of the quotas to the trade unions, by means of the appropriate discount on the respective payroll, provided that such removal is previously authorized by each worker.

Paragraph 7. The companies will grant leave in case the workers request it to join trade union offices of local, provincial or state management, provided that this is duly proven, without any specific seniority, with the right to return to his or her job at the company, under the same conditions as on the date of the request for leave, after the end of the trade union position. This excess in the abovementioned terms shall be for a maximum duration of two years and may be granted only once under the conditions of this paragraph.

Paragraph 8. The duties of the trade union delegates are:

1. To represent and defend the interests of the union to whom they represent and of the members of the union in the company and to serve as an instrument of communication between their union center or union and the Directorate of the respective companies.

2. They may attend the meetings of the Committee of Enterprise, the Committee on Safety and Hygiene at Work and the Joint Committees for the interpretation with a voice and without a vote.

3. They shall have access to the same information and documentation as the company must make available to the Committee of Enterprise, in accordance with the law, being obliged to keep professional secrecy in the matters in which they are legally proceed. They will have the same guarantees and rights as recognized by law, collective agreements and the Interconfederal Framework Agreement to the members of the Enterprise Committee.

4. They will be heard by the company in the treatment of those problems of a collective nature that affect the workers in general and the members of the union.

5. They shall also be informed and heard by the undertaking on the basis of:

About layoffs and sanctions affecting union members.

In terms of restructurings of templates, regulations of employment, movement of workers, when magazine collective or general work center and above all project or business action that may affect, substantially, to the interests of the workers.

The implementation or review of work organization systems and any possible consequences.

6. They will be able to collect quotas from their affiliates, distribute union propaganda and hold meetings with them, all outside of effective working hours.

7. In the case of meetings, both parties, as regards the procedure, shall adjust their conduct to the laws in force.

8. In those working centres with a staff of more than 250 employees, the management of the company shall facilitate the use of a premises, in order for the representative representative of the union to carry out the duties and duties as such.

9. The delegates will have their tasks to carry out the trade union functions that are their own.

10. Participation in the negotiations on collective agreements. Union delegates or positions of national relevance of the nationally established power plants and participating in collective bargaining commissions, maintaining their links as workers in the assets of some companies, will be (a) to facilitate their work as negotiators and during the course of the above negotiation, provided that the undertaking is affected by the negotiation in question.

CHAPTER IX

Section 1.

OF FAULTS AND SANCTIONS

Article 57. Minor fouls.

They are minor faults:

1. Missing a day to work without justified cause.

2. Up to three punctuality fouls in a month.

3. Leave the job or service for a short time within the working day, without permission.

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

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

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

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

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

Article 58. Serious fouls.

Serious faults:

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

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

3. The hindering, malicious omission and distortion of data, issues and facts that can affect Social Security and company medicine.

4. Failure to comply with the general rules, or the rules of business, in the field of safety and hygiene at work.

It will be very serious when it has a consequence on people, machines, materials, installations or buildings.

5. Disobedience to the controls on labour issues.

6. The voluntary decrease and low quality at work.

7. The use of time, materials, machines, and useful work on issues other than the same.

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

9. The active or passive impersonation of the personality.

10. The inebriation not usual during work.

Article 59. Very serious fouls.

Very serious faults:

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

2. The six-day job is missing for the four-month period without cause.

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

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

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

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

7. Direct or indirect participation in the commission of crime, qualified as such in the penal code.

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

9. The usual drunkenness during work.

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

11. The voluntary and continuous decline in performance.

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

13. All those entered in Article 54 of Law 8/1980 of 10 March of the Staff Regulations, considered as just causes of dismissal.

14. To serve another competitor not being authorized; to disclose secrets or data of required reservation, falsify or misrepresent data or documents, the serious and public offense to the company or its directors or to its companions work.

15. The abuse of authority by the Chiefs will always be considered to be very serious and the one who suffers it will put it in the knowledge of the Director of the company, within a period not exceeding fifteen calendar days, so that the appropriate one will be instructed file.

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

16. The infringements committed by the undertakings shall be sanctioned by the competent labour authority.

The assessment of the faults and the corresponding penalties imposed by the company's management will always be used before the corresponding Social Court.

Article 60. Sanctions.

The maximum penalties that can be imposed are as follows:

For minor lack:

Verbal admonition.

Admonition in writing.

Suspension of employment and salary for one day.

For severe missing:

Suspension of employment and salary of two to 15 days.

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

For very bad:

Suspension of employment and salary from fifteen to sixty days.

Disabling for a period up to five years.

Dismissal.

Article 61. Prescription.

Minor faults will be prescribed at ten days; the serious ones at twenty days and the very serious ones at the age of 60 days, from the date on which the company became aware of its commission and, in any case, six months after the task.

CHAPTER X

Section 1.

MINOR PACTS AND JURISDICTION OF JURISDICTIONS

Article 62. Minor pacts.

No negotiations may be initiated to carry out any collective agreements of undertakings affecting the matters agreed upon in this Convention, without giving the Joint Commission of Interpretation any knowledge. In no case shall it be possible to agree on conditions lower than those laid down in this Convention.

Article 63. Jurisdiction of jurisdictions.

The functions and activities of the Commission of the Convention shall in no case obstruct the free exercise of the administrative or legal jurisdictions provided for in the Law and other provisions of a legal nature, in the form and with the scope to be determined by those legal texts.

Article 64. Supplementary legislation.

As not provided for in this Convention, the provisions of this Convention shall be in force.

Since the present text of the Collective Agreement has incorporated the former Labour Ordinance for the Industries of the Skin, which was governed by the Convention, both parties consider that it is not appropriate to the application of the same to the one already contained in the text of the Collective Agreement.

SPECIAL DISPOSITION

Trading Canon

In order to cover the costs incurred in the negotiation of this Convention, undertakings shall be deducted from the remuneration of the workers included in their field of application, the amount of 1 000 pesetas per worker, whatever the nature of his contract, which must be entered in the name of the trade union organisations involved in the negotiation and in the account of the banking institution listed below:

Banco Hispano Americano, urban branch 1459 (Madrid), account 1.367-2. The said quantity will be deducted only to those workers who communicate to the company their express written agreement, up to three months after the publication of the Convention in the Official Journal of the State.

The resulting amount will be distributed among the trade union organizations that have participated in the negotiation of the agreement in proportion to the number of representatives in the Negotiating Commission.

Transitional disposition.

Continuing training: The Joint Committee on Continuing Training in the sector is set up, consisting of four representatives of employers and four representatives of the trade union.

To this end, within one month, the acts of incorporation and definition of the specific training plan for the sector shall be carried out after the signing of this Convention.

Additional disposition first.

The increases agreed in this Convention shall not be absorbed or offset by any concept during the lifetime of the present Convention.

Additional provision second.

The parties to the Convention express their desire to improve the level of employment in the sector, which they recommend to take as many measures as possible to achieve this objective.

Additional provision third.

For general knowledge the agreement of the Commission of Interpretation of the Convention of 30 January 1979 is transcribed:

In the systems of premiums other than the measured times (the application of which is clear in the text of the Convention), as are the various weaning systems, it will be necessary to increase the 18 per 100 of the salary that exceeds the one that the Convention determines for professional category, in all inclusive salary, up to the ceiling of 12,000 weekly pesetas of pay to be used; the excess of salaries above the aforementioned 12,000 pesetas weekly, will not have an increase.

Example: We consider a first officer, who works at the end of the day, receives a weekly salary of 12,000 pesetas.

As the salary of the Convention, in all inclusive, is 6,768 pesetas, the difference up to the 12,000 pesetas is 5,232 pesetas.

The increase will be 18 per 100 of the 5,232 pesetas that will give 941 pesetas.

Companies that have revised their incentive systems or weaned after the last increase of 1,026 pesetas in March 1, 1978, will be able to deduce the increased increase in this agreement.

This agreement is implemented with effect from 1 January 1979.

For the application of the above, the parties agree that the salary to be considered shall be that of the tables which entered into force on 1 March 1978.

Additional provision fourth.

Both parties express their intention to comply with the provisions of the current Trade Union Law 11/1985 of 2 August, in their own terms and leaving aside those aspects already covered by this Convention.

Additional provision fifth.

The parties express their willingness to address the Administration to enable the application of Article 33 of this Convention in the following terms:

(a) Exoneration of payment of the Social Security contributions of the companies during said suspension.

(b) The non-impact of temporary suspensions of employment on the rights of workers ' unemployment benefits in the event of the termination of the employment relationship and the effects of the calculation of the base (a) regulatory action in the case of employment regulation.

Additional provision sixth.

In terms of employment contracts, both sides will seek the operational mechanisms that will allow in the sector to follow up on this problem, as well as the fixing of minimum fixed workers in the companies ' templates. Such matters shall be included among the matters to be dealt with in the Committee on Labour and the Committee on Work, which shall be the subject of this Convention.

FINAL CLAUSE

This Convention has been unanimously signed by both representations, constituted by the Business Associations F.I.C.E. and A.E.A. C, with addresses respectively in Calle Núñez de Balboa, number 116, 28006 Madrid and General Cosedo, number 56, 03201 Elche, Alicante and the trade unions F.I.A.U.G.T., with its registered office in the avenue of America, number 25, second floor, 28002 Madrid and F.I.T.E.Q.A. CC.OO., with its registered office in the plaza de Cristino Martos, numbers 6 and 5, 28015 Madrid, who at the meeting of the Committee of the Negotiators on 7 March 1994, recognized full capacity and legitimized to negotiate it.

ANNEX I

Assimilation groups and social security contributions bases

Professional Categoris/Assimilation Group/Listing Base

Engineers and Licensors/1/(1)

Perios, Assistant Graduates, Diplomatic Technical Assistants, Social Graduates, Professors and Analysts/2/(1)

Administrative and Workshop Heads, Head of Department, Sector Manager, Section Chief and Negotiate, Head of Purchasing, Head of Sales, General Manager of Manufacturing/3/(1)

Untitled Helpers, Modelist, Section Chargé (including Guaranted), Mobile Set-up, Traveler, and Programmers/4/(1)

First and Second Administrative Officers, Sales Officer and Dependent. /5/(1)

List, Store, Pesator or Basculo, Juror, Vigilantes, Ordinance, Doorman, Nurse, Warehouse Mozo, Buttons, or Recharge of eighteen years/6/(1)

Administrative auxiliaries and Telefonists. /7/(1)

First and Second Officers, Patrons, Mesilla Master, Mechanical Repair Master, Section Subhead, Drivers, and Guarnecers/8/(1)

Third, Specialist, and Assistant Officers/9/(1)

Cleansing and Employees Peons/10/(1)

Buttons or Recaderies of sixteen or seventeen years and Administrative Aspirants. /11/(1)

(1) The current in each moment.

ANNEX II

Table I: Salaries

A) Personal with monthly pay (extra extra):

Categories/Monthly Salary (x15)/Annual Salary/Triennium Month (x15)

Administrative Staff:

Section Chief/130.258/1.953,873/3.387

Chief Negotiator/124,900/1.873.495/3.247

First Officer/106.423/1.596.350/2.767

Second Officer/97.226/1.458.385/2,528

Auxiliary and Telefonista/84.163/1.262.445/2.188

Aspiring second year/59.632/894,477/-

Aspiring first year/48.368/725.517/-

Mercantile employees:

Head of Purchasing and Sales/139.321/2.089.816/3.622

Travellers/113.147/1.697.205/2.942

Purchasing and Sales Manager/113.147/1.697.205/2.942

Sales Officer/110.845/1.662,680/2,882

Dependent/83.290/1.249.347/2.166

Technical Staff Not Entitled:

Modelist/125,585/1.883,771/3.265

General Manager Manufacturing/143,930/2.158.945/3,742

Department Manager and Technical Organization/140.069/2.101.042/3.642

Sector Manager and Programmer/125,585/1.883,771/3.265

Manager Section I and Guaranteed Sections/

106.423/1.596.350/2.767

Timer/106.423/1.596.350/2.767

Group II Sections (except Guaranteed)/89,702/1.345.528/2.332

Technical staff entitled:

Engineers and Licensors/157.043/2.355.641/4.083

Perios, Technical Engineers and Analysts/143,951/2.159.261/3,743

Social graduates and health care technicians/143,951/2.159.261/3.743

Subalternate staff:

Listero/90.828/1.362.424/2.362

Store/88,721/1.330.819/2.307

Buttons and Recons:

Third Year/77,952/1.169.285/-

Second Year/52,931/793,963/-

First Year/58,368/725,517/-

B) Personal with daily pay, per calendar day.

Categories/Daily Salary (Extra Extra)/Annual Salary/Trienian/Day (Extra Extra)

Patronista/3,788/1.7223.481/98.5

Mesilla and Repair Master/3.182/1.448.016/82.7

Section/3.072/1.397.731/79.9 Subhead

Pesator or Basculo/2.697/1.227.206/70.1

Juror/2.697/1.227.206/70.1

Vigilant/2.697/1.227.206/70.1

Ordinance and Portero/2,684/1.221.376/69.8

Nurse/2,684/1.221.376/69.8

Store Mozos/2,684/1.221.376/69.8

Cleaning Employees/2,612/1.188.582/67.9

Manufacturing:

Group I: Patron sections, cut, sole, mounted, stitched, unswerved, finisage and, in general, all operations included in the mechanics.

Group II: Picked and lowered sections, garnishing or mating, cleaning, finishing and packaging and repair.

Level 1: First Officers/2,927/1.331,778/76.1

Level 2: Second/2,824 Officers/1.285.049/73.4

Level 3: Third/2,722 Officers/1.238.320/70.8

Level 4: Help and Specialists. /2.680/1.219.189/69.7

Level 5: Peons/2,651/1.206.071/68.9

Table II: All-Inclusive System Salaries

A) Personal with monthly remuneration:

Categories/Salary (x12) All Inclusive/Triennium/Month All Included

Administrative Staff:

Section Chief/162.823/4.233

Chief Negotiator/156.125/4.059

First Officer/133.029/3,459

Second Officer/121.532/3.160

Auxiliary and Telefonista/105.204/2.735

Aspiring second year/74,540/-

Aspiring first year/60.460/-

Mercantile employees:

Head of Purchasing and Sales/174.151/4.528

Travellers/141,434/3,677

Purchasing and Sales Manager/141,434/3,677

Sales Officer/138,557/3,602

Dependent/104,112/2,707

Technical Staff Not Entitled:

Modelist/156,981/4,082

General Manager Manufacturing/179,912/4,678

Organization Department and Technical Manager/175.087/4.552

Sector and Programmer/156,981/4,082

Group I and Guaranteed Section Sections/133.029/3.459

Timer/133.029/3.459

Group II Sections (except Guaranteed)/112,127/2,915

Technical staff entitled:

Engineers and Licens/196.303/5.104

Perios, Technical Engineers and Analysts/179,938/4,678

Social graduates and health care technicians/179,938/4,678

Subalternate staff:

Listero/113.535/2.952

Store/110.902/2,883

Buttons and Recons:

Third Year/97.440/-

Second Year/66.164/-

First Year/60.460/-

B) Personal with daily pay, per calendar day.

Categories/Daily All-Inclusive Salary/Triennium/Natural Day/All Inclusive Premium Time

Patron/4,722/122.8/-

Mesilla and Repair Master/3,967/103.1/-

Section Sub-Charge/3,829/99.6/-

Pesator or Basculo/3.362/87.4/-

Jury/3.362/87.4/-

Vigilant/3.362/87.4/-

Ordinance and Portero/3.346/87.0/-

Nurse/3.346/87.0/-

Store Mozos/3.346/87.0/-

Cleaning Employees/3.256/84.7/-

Manufacturing:

Group I: Patron sections, cut, sole, mounted, stitched, unswerved, finisage and, in general, all operations included in the mechanics.

Group II: Picked and lowered sections, garnishing or mating, cleaning, finishing and packaging and repair.

Level 1: First Officers/3,649/94.9/732

Level 2: Second/3,521/91.5/706 Officers

Level 3: Third/3.393/88.2/680 Officers

Level 4: Help and Specialists. /3.340/86.8/670

Level 5: Peons/3.304/85.9/663