Seen the text of the collective labour agreement of State level for the industries of the tanning, belts and industrial leather and tanning of skins to fur for 1994 (agreement number 9901465 code), which was signed, dated 29 June 1994, on the one hand, by the FIA-UGT trade unions and FITEQA-CC. OO., on behalf of workers, and on the other, by the Spanish Council of tanners (CEC) and the Spanish Federation of businessmen of tanners (Spanish) on behalf of the companies in the sector, and in accordance with the provisions of article 90, paragraphs 2 and 3, of the law 8/1980, of 10 March, of the Statute of workers, and in the Royal Decree 1040 / 1981 May 22, on registration and deposit of collective labour agreements, this General Directorate of labour agrees: first-order the registration of the collective agreement cited in the corresponding register of this Management Centre, with notification to the Negotiating Committee.
Second.-have your publication in the.
Madrid, 9 August 1994-general director, Soledad Córdova Garrido.
Convention collective of working area State for the industries of TANNING, belts and industrial leather and TANNING of skins for the fur to 1994 Chapter I rules General section 1. TERRITORIAL, functional scope and PERSONAL article 1. Territorial scope.
This Convention is of mandatory application throughout the territory of the Spanish State.
Article 2. Functional area.
The Convention obliges all the industries of the tanning, belts and industrial leather & tanning of hides for leatherworking.
Article 3. New installation companies.
The Convention also obliges the new installation companies which are included in its scope.
Article 4. Total obligation.
The undertakings concerned will be entirely, except as provided in article 5, on a personal level.
Article 5. Personal scope.
It affects all the workers of the companies included in the functional scope, as well as the staff that henceforth part of those respective templates.
Excepted the directors referred to in subparagraph (c)), article 1 of law 8/1980 of 10 March, of the Statute of workers.
SECTION 2. Entry into force, duration, extension, termination and review article 6. Entry into force.
This Convention shall enter into force the day published in the. However, it shall take full effect from 1 January 1994.
Article 7. Duration.
This Convention will end its term on December 31, 1994, with the exception of articles 22 to 36; 41 to 52; 58, 60, 64, 66, 67 and 68; of the 72 to 81 and 87 to 103, all inclusive, incorporated of the Ordinance to the text of the Convention, whose term will end on December 31, 1995.
Article 8. Termination and review.
The denunciation of the Convention shall be a month prior to the expiration date, extended from year to year, if not to mediate expressed denunciation of the parties, except in the economic aspects.
3 SECTION. COMPENSATION, ABSORBIBILIDAD and guarantee article 9. Nature of the agreed conditions.
Agreed conditions form an organic whole indivisible and the effects of its practical application will be considered globally.
Article 10. Compensation.
Conditions laid down in this Convention shall be compensated entirely with that live above in companies affected by the functional scope, by virtue of imperative legal, jurisprudential, administrative litigation, collective labour agreement, Covenant of any kind, individual contract, etc.
Consequent to this, they persist in their own terms the rules, agreements and pacts that have companies, no more modifications than those that were necessary to ensure the perception of the economic conditions of the present agreement, annual global basis and for all paid items, and incentives or premiums, up to 40 per 100 to optimal activity.
Will not be compensable: to) holiday of longer duration than those agreed in this agreement.
(b) work day less than established in this agreement.
(c) compensation of compulsory labour commissary.
(d) compensation of transport and food plus.
(e) special conditions relating to accidents, sickness and maternity, above those agreed, considered to be of a personal nature.
(f) supplementary pension schemes which could have established companies.
(g) uses and customs of each zone, location and company.
Article 11. Application in the economic order.
In the economic order and for the implementation of the Convention, in each case, it will be to what has been agreed, with abstraction of the previous wage concepts, their amount and regulation.
Article 12. Absorbibilidad.
Given the nature of the agreement, future legal provisions involving economic variation in any of the existing compensation concepts or creation of new ones, will only have practical if, globally considered, and together with those in force in the Convention and on an annual basis, they exceed the total level of these. Otherwise, shall be deemed to be absorbed by the improvements set out in the collective agreement and will continue in force in its own terms.
Total economic improvements of this Convention relate solely and exclusively to so-called normal performance in the day established in the same.
Article 13. Warranty.
Personal situations that exceed the Pact in its global content and calculated annually, keeping strictly will be respected.
Article 14. Under the pacts.
Collective agreements or pacts negotiated any field other than this Convention shall ensure at least, economic conditions, annual global basis, set forth in this Convention.
Article 15. Clause of non-application of the wage system.
The wage increase agreed in the Convention may not apply in whole or in part, solely in the case of companies whose economic stability could be damaged as a result of such application. Shall only be considered damaged this economic stability when the increase can cause irreparable damage to the economy of the company according to the forecast.
To qualify for such derogation the company shall formulate the request before the representatives of the workers and the Joint Commission of the Convention within a maximum period of thirty days from the publication of the Convention in the absence of representatives of workers, the company directly formulate the request to the Joint Commission, accompanying, in any case, the following documentation (: a) report justifying the request.
(b) documentation that accredits the invoked cause, among which necessarily will be presented by the company before the official organisms (Ministry of finance, registry, etc.), referring to the last two fiscal years.
(c) alternative wage proposal and possible recovery Pact.
Parties can reach agreement within the period of fifteen days, which shall be notified to the Joint Committee of the agreement to acquire full efficacy.
If within the enterprise agreement is not reached, the question will rise to the Joint Commission of the Convention, which shall have the jurisdiction to resolve ultimately and if the alternative wage conditions.
If the Joint Committee not achieved an agreement shall be the issue to arbitration. The arbitrator shall be appointed by the Joint Committee within the period of fifteen days from the date of the resolution where the disagreement is found.
Discharge agreements reached by the representatives of the workers and the company, ratified by the Joint Commission, those achieved by the Joint Commission and arbitral awards will be unappealable and Executive.
SECTION 4. LINK to the entire article 16.
In the event that the competent jurisdictional body, in the exercise of the powers which are her own, not approve any of the Covenants of the Convention would be without practical, and must be reconsidered its total content.
Chapter II Joint Commission article 17. Joint Commission's interpretation, monitoring and mediation.
For the interpretation, monitoring and mediation of the present Convention is created a joint Commission, which will be the person to choose President both representations from among its members.
This Committee is composed by: a) two representatives of Comisiones Obreras, two representatives of the General Union of workers and four representatives of the Spanish Council of tanners, and their corresponding alternates, appointed from among those who formed the Negotiating Committee of the Convention.
(b) consultants or technicians choosing may be incorporated into the Joint Commission both representations, with voice but without vote.
The scope of the Joint Commission will be the same of the Convention, and may meet in any place of the Spanish State, as well as appoint commissions or papers to delegadamente Act in areas geographical areas and to intervene in specific cases, and that will be constituted, as a minimum, two representatives of employers and of two representatives of the workers, of which they are the Joint Commission.
Article 18. Functions of the Joint Commission.
This Commission will have the following specific functions: to) interpretation of the application of all the provisions of this Convention.
(b) monitoring of compliance with what has been agreed.
(c) any other which may determine the provisions in force in terms of collective agreements and concordant provisions, and others that are enacted in the future.
d) this Joint Commission shall ensure the fulfilment of the correct procedure in the implementation of the systems of work.
(e) monitoring and control of clandestine work and homeworkers: denounce the Joint Commission both clandestine work the carried out of companies as at home. The specific functions of this Commission include which is defined on the reality of the situations of secrecy and failure to comply with the current legal regulations for home work.
(f) any other activities that tend to further practice of the application of Convention.
Article 19. Procedure calls and meetings.
1. business representations and workers may submit to the Joint Committee any matter relating to its competence, addressing to the President that, exposing in written document, in order to include in the agenda of the next meeting the subject that interests.
2. the Commission shall meet mandatory on the last Wednesday of each month.
3. the Commission shall meet in the place and local which is indicated for that purpose and enable.
4. to validly constitute the Commission, they must be present, at least three members of social representation and other three of the business.
5 met the Joint Commission the day and place designated in the call, means of object of the same subjects, adopting the agreements that may be suitable.
If a topic raised out of such an entity is required implementation by the parties concerned or clarify some ends, the Commission, within seven days, les will be mentioned before or before the Commission or associate presentation, which is deplazara to the location of the problem, and after analysing the views of both sides , will issue by majority resolution that deems necessary, which shall be referred by the parties, without prejudice to the administrative or judicial actions that could exercise.
6. in the meetings of the Joint Commission, in full or by Commission or associate presentation, records that collect obtained agreements and positions, where appropriate, each of the representations will be lifted.
The functions of the Joint Commission do not impede the free exercise of actions before the administrative and judicial courts under existing legal provisions, except as provided for in article 15.
Article 21. Warranty of the members of the Commission.
Be computed at the worker member of the Joint Commission the hours invested in the same meetings as if they were actually worked.
Chapter III organization of work section 1.
The practical organization of the work, pursuant to the provisions of this Convention, corresponds to the businessman, who carry out exercise regulate its powers of management and control of the work.
Without loss of authority that corresponds to the company or their legal representatives, the representatives of the employees shall be heard in everything related to the Organization and rationalization of the work.
The Organization of work includes the points listed below, not exhaustively, but merely gives: 1. the requirement of normal and, consequently, of the minimum yield established activity.
2. the award of the machines or the task necessary for the development of the activity of the worker.
3. the fixing of rates of waste and the allowable quality throughout the manufacturing process.
4. the monitoring on the care and cleaning of machinery, which will be within the working day.
5. mobility and redeployment, according to the needs of the Organization and production, respecting the wages for all reached concepts, without prejudice to their vocational training and the necessary period of adaptation, which maximum shall be six months.
Cases of individual transfer of job to another will take into account the following: to) during the adjustment period, where this is necessary, will be respected transferred workers professional wages more incentives could continue receiving at his previous workplace.
(b) during the period of three months counted from the date of expiry of the period of adaptation, where this is appropriate, the rates for incentives from its place of origin, when such fees are greater than which govern in his new role will be respected workers.
6 make changes in methods the same rates, distribution of staff, change functions and variations on the machines and materials that facilitate the comparative study with reference situations or the technical study concerned during the period of work organization.
If during the trial period are rolling higher than the normal activities, shall be paid in accordance with the rates established during the same, must regularize the total amounts to perceive by this concept, once approved rates.
In the case that the rates fail to settle definitely, top activity shall be paid proportionately to which exceed normal activity.
7. the adaptation of the loads of work, yields and rates to new conditions resulting from the change of operative methods, manufacturing processes, change materials, machinery or technical conditions of the same.
Article 23. Functional mobility.
In order to greater competitiveness of the sector, meeting the needs that at any time has the company, the parties to this Convention are recognized a wide functional mobility, without prejudice to legal guarantees and legislative amendments.
Enterprises will adopt a clear and simple calculation of the fee form so that workers can easily understand it.
The Organization of work will take into account the following principles and definitions: normal activity at work is one that develops an operator half, aware of its responsibility, with a steady and reasonable effort without excessive mental and physical fatigue without the stimulus of under a competent management and incentive compensation.
This activity is most common and different measurement systems with 60, 75 and 100 indexes.
Optimal activity is the maximum that can develop an operator means, without prejudice to his professional life.
It corresponds in previous measurement systems with rates 80, 100 and 133.
Amount of work to normal activity is that carried out an operative half to such activity, including recovery time.
Amount of work to optimal activity is it that takes an operator to such activity, including recovery time.
Normal performance is the amount of work that a worker performs an hour of normal activity.
Optimal performance is the amount of work that a worker in an hour of optimal activity.
Time machine is that uses a machine to produce a number of task in certain technical conditions.
Normal time is invested by a worker in a particular operation to normal activity, not including recovery time.
Free work is one in which the operator can not develop optimal activity during their time. The limitation may be due to the work of the machine, to the fact of working in team or to the conditions of the operating method. For purposes of remuneration, timeouts of worker, due to any of the above limitations, shall be paid as if he worked a normal activity.
In limited work, the optimal production is obtained by taking into account that the minimum production time, is the time machine increased the amount of work to stop machine in optimum activity. In the corresponding cases interference from machinery or equipment will be calculated.
The actual template is composed of workers who are part of the company at any one time.
Vacancies that occur for any reason, unless the vacancy occurs by dismissal declared may freely amortized.
The initiative for the implementation of systems of organization or control of production, as well as incentives for work, corresponds to the company and shall relate entirely to certain sections or centres or workplaces or homogeneous units of work.
When the partial working time measured system implementation increase workloads in another section or post above the normal performance, it will be enforceable in the latter mentioned system.
Article 38. Procedure of implementation of work systems.
I in the establishment and review of the system of organization of work, as well as the system of incentives to times measured, will be mandatory report of the Works Council or staff delegates, in accordance with what is set forth below:
(a) the company may at any time make the corresponding studies for the determination of times, using any of the techniques that exist for this purpose. To perform these studies you will not need any prior procedure, although it shall inform the works Committee of the object thereof, without involving compulsory for employers regarding their application.
After completing studies, and if these are to be used to modify the conditions of work or remuneration of the staff, it will inform those affected at least with one week's notice to the trial period; If you wish, ask the presence of personnel delegates or members of the Works Council. The new studies will undergo testing for a maximum period of ten weeks.
(b) after the trial period, the company will provide to the Works Council or staff delegates reasoned study of the same.
In the event there is no works Committee or staff delegates, it will facilitate to those designated by the workers.
Within a maximum period of fifteen days from receipt, the legal representation of workers, assisted their technicians, will show their agreement or disagreement with the implanted system.
(c) in the case of compliance or silence on the matter, the next day it shall enter into force the approved system, hindquarters for his approval within a maximum period of ten days to the competent labour authority.
(d) in the case of non-conformity reports from both parties will be sent to the Joint Commission of the Convention, so that rule on whether the correct procedure for the implementation of the system has been observed.
(e) simultaneously, will be sent the reports of both parties the competent labour authority for its resolution, incorporating then the report of the Joint Commission.
II. on the application of a system of incentives to production must be into account, among other factors, the following: a) the necessary period of adaptation of the workers affected by the method of work.
(b) the implementation by the company of the method.
(c) the elementary sequences of works division perfect timing.
(d) the definition of the level of quality required in the work and that it corresponds to the payable later.
(e) shall necessarily take into account the number of hours actually worked per week.
III. in the review or implementation of new incentive systems and during the trial, the company must ensure workers incentives that were caught as hourly average within the ninety days prior of effective work in normal working hours.
During the trial period, the worker may not be sanctioned failing to achieve the required minimum, when the causes are attributable to the system or outside it.
SECTION 2. YIELDS and incentives article 39. Agreed performance.
1 normal performance which corresponds to the so-called normal activity is enforceable minimum performance, and the company may determine at any time, without that failure to do so means or could be construed as relinquish this right.
2. the remuneration of the normal performance is determined by the wages of this Convention.
3. to establish incentives should split the normal performance. In those companies in which was a system of incentives, will be these absorbed by the salary of this Convention where appropriate with the normal performance, which is the required minimum agreed in the Convention.
4. the incentives may be collective (by section, String, gru pos, etc.) or individual, as determined by the company.
5. when a job is hardly measurable, will be set mandatory a percentage of assessment indirect for the application of this incentive to this staff, provided that its activity is higher than usual, consisting equivalent to their professional category incentives provided result.
6. companies that have established a system of incentives, will review it when the quantities of work activity to exceed 40 per 100 of those listed for the normal performance.
7. companies may limit, proportionately reduce and even eliminate incentives, individually to all those workers who for lack of aptitude or interest and attention, objectively demonstrated, shorter production, without prejudice to measures that may be applicable to the case.
8. the incentives may be suspended in general or by sections or workers, when the purposes pursued by the system might not reach due to lack or dissimulation of the work in the company, or as it is necessary to repair or reform of the facilities, with the authorization of the labour authorities.
In such cases, workers shall receive remuneration corresponding to normal performance more increases by seniority.
Article 40. Review.
Review times and yields must be carried out in the following cases: to) by reform of methods or industrial or administrative procedures in each case.
(b) when would have incurred so manifest and indubitado in calculation or measurement error.
(c) where the yields obtained by the worker repeatedly exceed 140 or their equivalents in other scales.
(d) in the event that don't give the previous assumptions, by agreement between the company and Committee.
Where a qualified worker habitually perform different roles in different trades and not to measure their work in any of them, shall be responsible for incentive compensation corresponding to the job of top category.
3 SECTION. REGIME of PERSONAL article 41.
Companies may submit applicants to practical, psychometric tests and medical examinations deemed suitable to check their degree of preparation and skills.
The recruitment must be made in accordance with the provisions in force in the matter, being essential that companies perform it through the INEM from your local office.
Article 43. Trial periods.
Can be arranged by writing a trial period, in which case the income of the worker means provisional until meanwhile has not fulfilled; (this period in any case exceed the following periods of time: to) qualified technicians: six months.
(b) administrative staff: thirty days.
(c) staff ex officio: fifteen days.
(d) non-qualified personnel: fourteen days.
(e) other workers: three months.
The trial period is fully enforceable provided that it is concluded in writing, unless the companies decide to waive all or part of it, stating it so in the contract or waiving it in writing during.
During the trial period, both the company and the worker may unilaterally withdraw from the contract of employment without notice or compensation.
The trial period will be computable for purposes of antiquity and during the same worker will have identical rights and obligations as the rest of the staff.
All promotions, excluding the cases provided for in the following article, will be carried out among the workers of the template the company opting for the square, provided that they meet the conditions for its performance, demonstrated through testing of training, which will be judged by a Commission set up in within the company and formed by two representatives of the same , two representatives of the workers and the official first of greater antiquity of the specialty on which see.
Will have access to the vacancies of Manager or head of section workers who, enjoying the confidence of the company, exercised a trade qualified and complete their theoretical knowledge, prior examination the court designated by the company, which prove, at the very least, the know-how of workshop and technology necessary for the performance of his office; they are excepted from this examination who are in possession of vocational training, in any degree titles.
Companies are required to give due publicity, for knowledge of all workers of your template, the call for the vacancies that occur in the different categories and the start date of the tests.
Article 50. Diminished capacity.
The companies fit personnel whose capacity has decreased due to age or other circumstances, before retirement, devoting it to work suited to their conditions. The disabled for its regular work due to accident at work or compensable occupational disease suffered in the service of the company will take precedence.
Order placement of disabled workers will have preferences set in their specific legislation and enterprises of more than 50 permanent workers be reserving up to 5 per 100 of its workforce.
In a manner consistent with the legal provisions, companies will provide the squares of goalkeepers, ordinances, guards, etc., with those of their workers than by physical defect, disease or old age can no longer perform their craft with the normal performance, and always having no right to subsidy, pension or own for your support means.
Attached staff are paid wages according to the category that play.
Article 51. Transfer from machinery or work centre.
1. in case of transfer of the machinery or workplace to another location, the company, six months in advance, as a minimum, shall be bound to give notice to the representatives of the workers and to the staff concerned, which shall have the right to choose between the transfer, receiving compensation for expenses, or to terminate its contract with compensation that is set as if it were dismissal authorized by labour or economic crisis , unless more favourable agreement with the company. In the first case, the worker shall be occupied in the new town, receiving appropriate compensation costs transfer, personal and other family members who live with him, as well as furniture and other household goods.
2 in this notice, the employer must specify in writing the following ends: to) place where plans to relocate the work center.
(b) possibility or not of housing in the new location and conditions of your lease or property.
(c) fixing within three months, maximum, for reply by the worker.
The time of incorporation of the worker to the new job will not be less than thirty days.
3. in the event that the worker will not accept the transfer, the company paid you compensation as if it were endangered authorized due to technological or economic.
4 in the event that the company did not do the transfer for justified reasons, and a worker had been expenses also justified for this purpose, you will be compensated for the damages caused, proven and appreciated.
5. without prejudice to the enforceability of the transfer, the worker showing not having opted for the termination of his contract is unhappy with the business decision can challenge it before the competent court.
Of the period of notice except cases of obvious and proven force majeure or destruction of the work center.
In the event of a launch as a result of judicial or administrative decision, notice will coincide with the date of the notification of the firm; in the event of default by the company, the periods established in previous articles must comply with manure worker perceptions.
(a) personal fixed: is the forming permanent part of the template using income through learning or after passing the trial period covers the normal production needs throughout the year.
(b) staff of the season: 1. it is the contracted for a certain time, in order to meet seasonal needs that may allow workplaces when these are not covered by the permanent staff, still working at optimal performance or doing overtime.
2. for the purposes of this Convention season contract shall not exceed the period of six months, and its duration will be determined by each company before its entry into force, putting him in knowledge of the Works Council or staff delegates.
3. for the determination of the season be taken into account the circumstances and characteristics of the same seasonal period, fashion trends in the short and medium terms, size parts with regard to their weights, flexibility of the company instead of new specialties, enclave of the industry in the area industrial, agricultural, etc.
4 season staff may not exceed 10 per paragraph 100 a).
5. the renewal of the contract of the season will be mandatory for the company at the request of the worker, with a limit of 75 per 100 of the staff recruited in the previous season.
6 will be the hired worker option for three successive seasons acquire the quality of fixed in the company.
(c) interim.-is staff which replaces fixed staff absence, illness, etc., causing short in the company down to rejoin the staff fixed to who replaces.
d.) temporary staff-it is the contracted to meet production needs, new jobs or extraordinary, higher than normal and whose needs can not cover seasonal staff nor nor the staff fixed in such conditions. The contract of the worker eventually will be a maximum of eight months, over a period of twelve months.
(e) the pawns become the pawn specialist category six months of hiring.
In matters not provided in this article, in terms of form or forms of hiring, it will be law in every moment.
Article 54. Periods of notice.
1 the staff that you want to stop the service of the company shall give the following periods of notice: to) management and technical staff: two months.
(b) administrative staff: thirty days.
(c) other personnel: fifteen days.
2. failure to observe notice periods will result in a penalty equal to the days of delay of the communication, being able to remove this punishment of the salaries that the company must pay to the producer in respect of settlement.
Chapter IV conditions economic article 55. Salary.
Tables of salaries for 1994, with effect from January 1, will be those resulting from increase in a 3 by 100 which were application on 31 December 1993.
Tables of wages so calculated are reviewed in annex 1 to this Convention.
The wages of apprentices will be the outlined in annex 1 to 100 per 100 hours.
Review clause: in the event that the index of consumer prices (CPI) established by the National Institute of statistics recorded at the 31 December 1994 an increase greater than the 3.5 per 100 with respect to the figure which proves that ICP at the 31 December 1993, shall be a pay review finds as soon as officially such circumstance in the excess over the indicated figure therefore serving as the basis of calculation for the salary increase of 1995. The pay review shall be paid in a single payment during the first quarter of 1995.
Stays the same wage structure of the repealed Decre to 2380 / 1973, of 17 August, on the salary management.
Article 57. Payment of arrears.
Be paid wage arrears of the Convention within twenty-five days following the publication of the same in the, being carried out by the company the additional levy corresponding to Social Security.
Article 58. Advances.
The payment of wages will be timely and documented at the time and place agreed or in accordance with the traditions and customs. The period of time referred to in the payment of regular and periodic fees may not exceed one month.
The worker and, with your permission, their legal representatives shall be entitled to receive, without the day designated for the payment, advances to accounts of the work already carried out.
Article 59. Incentives.
For streamlined companies or that any system of rationalization of work, the curve of incentives they implemented during the term of this agreement will be defined for normal performance for the salary of the Convention.
The wage for normal activity is the remuneration corresponding to normal performance.
For the purposes of retribution, and the normal activity is not determined, this will be the corresponding to at each moment is being considered as such.
Article 60. Overtime.
With effect from 1 July 1994, every hour of work that is done on the ordinary working day shall be paid with an increase of at least a 65 by 100 on the wages that correspond to each regular hour, without any personal discrimination. The number of overtime hours may not exceed 80 per year.
You will not have in mind, for the purpose of maximum duration of working time, or for the computation of the extraordinary authorized maximum, excess hours worked to prevent or repair claims, or other extraordinary and urgent damage subject to compensation, in accordance with the provisions on overtime.
Article 61. Share of profit.
During the term of the agreement, participation in profits is set at 9 per 100 of the wage agreement and extraordinary bonuses, increased with the age when appropriate. Payment of benefits will be held monthly, except in the event of agreement between employers and workers, in which case will be credited in the form that determine both parties.
Article 62. Extra payments of July and Christmas.
Extraordinary July and Christmas bonuses will consist each of them on payment of a monthly wage agreement and seniority when appropriate.
The payment of the first will take place during the first fortnight of the month of July and the second on December 22.
Article 63. Holiday.
Holidays are set at thirty-one days. Of these thirty-one days, 21 days natural be made continuously, the remaining, which only included two holidays, you will enjoy by mutual agreement between employers and workers or, in their absence, the week of Christmas or Easter. However, the parties may agree on a period of enjoyment interrrumpido of up to twenty-eight calendar days.
The enjoyment of the twenty-one days in a row will start on Monday, unless this were festive, in which case will begin the following business day, notwithstanding that by the production needs of the company it can advance or delay the enjoyment both per cent reduced the template while this fact may lead to a decrease in the working days of vacation.
In any case, the holiday programming shall be carried out by mutual agreement between the company and the personnel delegates or enterprise committees, two months before the date of enjoyment.
The holidays will be paid the wage corresponding to the normal activity, more incentives. The incentives time price will be obtained from averaging the pesetas obtained by this concept and the hours actually worked during the thirteen weeks.
Article 64. Antiquity.
In order to reward the temporal continuity in the provision of services on behalf of a company, is established a prize of antiquity, which is regulated thus: 1. periodic compensation increases for time of service in the company will consist of nine triennia from 3 by 100 on the wage agreement governing at all times for each Professional category.
2. the computation of this will begin to staff from the first day of entering the company, irrespective of the category changes.
3. in the calculation of seniority will be posted the learning period. This period will be posted so that at the present time were making it, and for those who, being professionals in nursing, had done it before in the company.
Article 65. Night work.
Hours worked during the period between the twenty-second and six hours, unless the salary is established according to make night work by its very nature, will have a specific fee increased 25 per 100 over the wage agreement. The most beneficial conditions with workers in this regard will be respected.
Prohibits the completion of overtime at night time, except in cases and duly substantiated special activities expressly authorized by the Ministry of labour and Social Security.
Article 66. Wear of tools.
When the nature of their work or traditional custom the worker contribution tools of their property, shall receive, in compensation for wear them, the amounts paid by the worker, prior justification, for such a concept.
Article 67. Transport plus.
Companies that have established their work center more than 2 kilometers from the outskirts of the population and do not have their own transport means for your staff, be paid to each worker residing in the municipality a 3.50 daily pesetas per kilometer plus.
Article 68. Diets.
When by order of the company forced the worker to stay overnight or perform maintenance outside the company expenses, they will be paid you for this, prior justification of the same, and corresponding, with exception also justified, a three star hotel.
Movements of return will be also on behalf of the company, in first or second class, in the view of the same.
Chapter V Working hours article 69. Day.
It will be forty hours a week, in accordance with the provisions of law 4/1983, June 29.
Continuous day will be the day referred to in the article of the collective agreement of 1983, (nume ro 144, of 17 June), while more than eight hours of daily effective work they may arise from May 1, 1988, except as provided for in article 71 (annual management).
Still considered labor day Saturday, agreed that the day established in this Convention takes place from Monday to Friday.
In those sections where the correct functioning of the production as permitted, recommended to companies and workers who, by mutual agreement, negotiate the possibility of a flexible or sliding, day with a daily half hour margin.
Article 70. Day of free disposition.
During the term of the agreement, companies shall authorize and, as a result, workers shall enjoy, without justification and in the form and conditions, that is to say, a day of absence paid and non-recoverable. This day shall you be paid according to pay tables from this Convention.
Such absence shall be granted upon request of the worker with fifteen days in advance, safeguarding the interests of the Organization of work and production of each section or Department needs in all cases and without that the number of concurrent absences exceed a number of workers that may disturb the normality of the production process.
The aforementioned day it shall be granted in proportion to the days that the worker remains high in the template of the company within the calendar year, so as to enjoy all the hours of the day, it will be necessary living high in the company year-round natural. In cases of workers whose contract of employment established an annual day of shorter duration than that established in the Convention, free disposal day will be paid proportionally to the working day.
In any case the day you can enjoy within the calendar year.
Article 71. Annual planning of the day.
Companies by gross productive reasons, with two weeks notice and respecting the number of scheduled hours, can work up to thirty-five hours per week and seven hours a day for a maximum of sixty-five working days, excluding Saturdays, continuously or in bi-weekly modules; his recovery will be held equivalent form (45 hours a week and nine hours a day) and with a surcharge of 30 per 100 over the wage hour, for each of the hours to recover.
The recovery of hours not worked shall be made within a maximum period of one year from the beginning of each period.
Hours accumulated in your favor above those agreed in the Convention paid staff of contract which had to cease in the provision of their services as overtime.
In the event of cancellations due to temporary incapacity for work occuring during periods of variation of day, compensation shall be made for days actually worked and presence in the company.
This adaptation of day will apply on the whole template and evenly; This however is may exclude this sort to the administrative, technical and marketing staff. The tables of the price of the time in annex 2 to the Convention without prejudice to other different covenants are attached.
All this without prejudice to the subsequent legislative amendments.
Is excluded from the regime of day of this agreement the work of porters and guards with House room in the company, provided that does not require constant vigilance, in which case your journey may be extended up to twelve hours a day, with the right to a break of four hours, including therein the corresponding to the meal, they will enjoy every day of work and within hours of their service determining the form of enjoyment of the same in accordance with the company. Also, you will enjoy a minimum rest between twelve hours.
In terms of goalkeepers, not included in the previous article, with guards and Vigilantes entrusted only functions of their professional category, shall comply with in the General provisions.
In the case of technicians, managers, operators and intermediate commands whose action starts up or closes the work of others, be extended the day established in this agreement strictly precise time, without prejudice to the payment of that time extraordinary.
Article 75. Work schedules.
The definition of working hours corresponds to the holder, which shall establish them coordinating the respective services for more effective performance; being private Faculty of the company organize shifts and relay and change those whenever it deems necessary and appropriate. This however, when the introduction of new timetables, or modification of the above, suppose a substantial working conditions change, shall apply the provisions of article 41 of law 8/1980 of 10 March of the workers ' Statute.
Workers may request company the implantation of the day continued when expressed it by vote, as a minimum, 60 by 100 of the template. The company can access or not to this request of the workers, by a reasoned report.
Article 77. Permissions.
Workers may miss work with the right to receive the remuneration established for normal activity only by one of the grounds and for the following periods of time: l. during two days, may be extended up to three more when workers need to perform a displacement effect, in cases of birth of wife, serious illness or death of relatives up to the second degree of consanguinity or affinity.
2. for a day by its usual domicile transfer.
3. at the wedding of a son, a day; in the case of a brother wedding shall be entitled to a day of absence, but I perceive of remuneration.
4. by the time necessary for the fulfilment of an inexcusable duty of public character, duly justified, in accordance with the provisions in force.
5. women workers, nursing of one child less than nine months, are entitled to one hour's absence from work, which may be divided into two fractions. The woman, by his will, may replace this right by a reduction of the normal day in half an hour with the same purpose. This permission may be enjoyed indiscriminately by the mother or father should both work.
6 15 days natural in case of marriage, the worker may opt for an extension of up to five days of this license without compensation.
Article 78. License by studies.
(a) the companies that are in your service workers carrying out studies, shall be obliged to grant the necessary licenses to them so that they can attend tests in the Center corresponding calls, but previous justification of stakeholders have formalized the tuition. This is applicable for obtaining the driving licence.
(b) when the corresponding call to review relates to obtain the professional title of the activity undertaken in the company, such workers shall have right to the perception of the corresponding remuneration of the wage base and seniority, in his case, during the duration of the license period.
(c) the permissions obtained by workers by these concepts may not be discounted annual holidays that apply them.
Article 79. Military service.
During the period of provision of service military, compulsory or voluntary, or substitute service, workers will have reserved work, and must rejoin the company within two months from the date of its licensing, not being able during this period serve in companies of the same activity. In the temporary permit have the right to serve in the company.
Staff who occupy vacant by reason of military service, will go to the holder, rejoining his old job if it belonged to the company on a fixed basis, or will cause low if any entered to cover the square, although during the first six months following, it will retain all the acquired rights, if this period were vacant, which is entitled in preference to any other applicant.
Article 81. Unpaid leave.
1. the employee with at least one antiquity in the company of a year is entitled to is to recognize the possibility of placed on unpaid leave for a period not less than two years and not exceeding five. This law only may be exercised again by the same worker if four years have passed since the end of the previous leave.
2 over worker retains only a preferential right to re-entry on vacancies of same or similar category to yours that had or should occur in the company.
3. workers shall be entitled to a period of leave of absence, not more than three years, to cater for the care for each child, both when it is by nature as by adoption, from the date of birth of this. The successive children shall be entitled to a new period of leave which, in his case, will end that came enjoying. When the father and the mother work, only one of them may exercise this right.
Throughout the period of leave of absence, regulated in this section, workers are entitled to the reservation of your job and that your enjoyment time is computed for the purposes of seniority.
Chapter VI conditions social article 82. Military service or social alternative.
Workers who provide military service or social alternative will have right to the extraordinary Christmas pay payment.
Article 83. Retirement award.
Workers who opt for retirement at sixty years until the sixty-five, with a minimum of ten years of service in the company, will receive an award of retirement to cease in the company for such cause, according to the following scale: in 1994 at the age of sixty: 190.780 pesetas.
Sixty-one years: 151.085 pesetas.
At the age of sixty-two: 73,000 pesetas.
At the age of sixty-three: 64.350 pesetas.
At the age of sixty-four: 54.510 pesetas.
At the age of sixty-five: 45.855 pesetas.
Two months after having fulfilled the aforementioned ages without exercising that option, the right to the prize going to the lower prize will be lost.
Article 84. Work clothes.
The company shall deliver to each producer a monkey or piece of work per year, or two, if that justify the non-use of the first.
Article 85. Insurance policy.
The company in 1994 paid the sum of 1,650 annual pesetas to each worker of the same, at the signing of individual insurance policies covering the risk of death or permanent disability due to accident at work, whose subscription shall be exclusive account of the worker, being indispensable for the payment of the above amount to justify due to the company the formalization of the policy.
It empowers enterprise committees or staff delegates so that they collaborate on the signing of the above policies, in order that they may be collective.
Article 86. Accidents at work.
Companies pay workers who have suffered an accident at work within the premises of their workplaces 100 per 100 of your salary, provided that the injured person requires hospitalization for more than fifteen days, and during the process of temporary incapacity for work.
Chapter VII Awards, fouls and penalties Article 87 awards. Fundamental motivation of the awards.
1. are designated as an awards heroic or meritorious acts, the spirit of service and fidelity and the desire for professional improvement.
2. shall be deemed heroic acts that, with serious risk of his life or personal integrity, perform the worker in order to avoid an accident or reduce its proportions, defend the company goods or other similar.
3. be estimated meritorious those whose implementation does not require serious exhibition of life or integrity, but will clearly extraordinary, surpassing duties regulatory avoid or overcome an abnormality in the interests of the service.
4 is the spirit of service to perform this way not common and normal, but with total surrender of the faculties of the worker and determined purpose, manifested in concrete facts to its greatest perfection in favor of the company, subordinating to them your comfort and even particular interest, without that nothing or no one required by.
5. the spirit of faithfulness is credited for continued services to the company, while mediate sanction for serious misconduct.
6 those producers which, in addition to complying with their work in a satisfactory manner, they feel pressed to improve their theoretical and practical training and experience to be more useful in its work to achieve superior, and those who had entrusted functions of responsibility, taking care by those whose breach may arise a recording in the qualification of the foul by cause prejudice will be considered included in the concept of professional desire.
Article 88. Scale of awards.
The following awards will be established: a) rewards in cash.
(b) increase in holiday up to twice that properly correspond to the interested party, without loss of their salaries.
(c) scholarships or training or study trips.
(d) Honorary diplomas.
(e) cancellation of unfavourable notes in the personal record.
FOULS and penalties Article 89. Mild.
They are minor misconduct: 1. missing one day to work without just cause.
2. up to three faults of punctuality in a month.
3 leave the work or service for a short time within the workday, without permission.
4. the small oversights in carrying out the work and in the conservation of machines, tools and materials.
5. the failure to comply with the regulations and orders of service, as well as the disobedience to the commands; all in mild terms.
6. the lack of respect in slight matters to subordinates, colleagues, controls and public, as well as the discussion with them.
7. the lack of personal hygiene, as well as units, services, and tools of the company.
8. do not inform the company changes of address or data necessary for Social Security and company medicine.
Article 90. Serious.
They are serious offenses: 1. slight lack double Commission within the period of one month.
2. the lack of two days to work during the period of one month, without just cause.
3. the dulling, malicious omission and distortion of data, issues, and events that can affect Social Security and company medicine.
4 failure to comply with the General rules, this agreement, or the company safety and hygiene at work. It will be very serious when they have consequences on people, machines, materials, facilities or buildings.
5. the disobedience to commanders in matters of work.
6. the voluntary reduction and low-quality work.
7. the use of time, materials, machines and working on issues unrelated to the same equipment.
8. the libel against individuals or institutions of any kind.
9. the active or passive suplantación of personality.
10. the non-habitual drunkenness during the work.
Article 91. Very serious.
They are very serious misdemeanours:
1. the reiteration in serious misconduct within the period of one month, provided that those have been sanctioned.
2. the failure to work for six days during the period of four months, without just cause.
3. more than 12 lack of punctuality in a period of six months or 25 within a period of one year.
4. the falseness, disloyalty, fraud, abuse of confidence, unlawful competition for enterprise and theft or robbery, both coworkers and the company or to third parties, within the same dependencies, or during the performance of work or services for the account of the company.
5. the do disappear, disable, cause malfunctions or malicious modifications in the raw, products, supplies, tools, machines, equipment, plant, buildings, appliances and company documents.
6. The indiscipline or disobedience to the orders of commanders, as well as induction to it, when a special gravity magazine.
7. the direct or indirect participation in the Commission of offence qualified as such in the Penal Code.
8. the falseness in the circumstances of accidents, the simulation of diseases and the malicious, false, extension in their healing.
9. habitual drunkenness or drug addiction, if impact negatively on the work.
10. the abandonment of the work involving serious economic harm to the company.
11. the decrease in voluntary and continuous performance.
12. the Commission of immoral acts in the premises and premises of the company, inside or outside working hours.
13. all those consigned as such in article 54 of the law 8/1980 of 10 March, of the workers ' Statute, considered fair reasons for dismissal.
14 spend to provide services to other competitor, is not authorized; revealing secrets or data bound book; falsifying or misrepresenting data or documents; offend serious and publicly to the company or its managers or co-workers.
15. the abuse of authority by the bosses will be always considered as missing very serious, and which suffers it shall inform the Director of the company, in a period not exceeding fifteen calendar days, so that instructed the appropriate record.
The record must be completed within a period of one month from the date of notification to the interested party.
16. the infraciones of the Convention committed by companies will be penalized by the competent labour authority.
Article 92. Sanctions.
The maximum penalties which may be imposed are as follows: slight lack: verbal reprimand.
Admonition in writing.
Suspension of employment and salary for a day.
For serious misconduct: Suspension of employment and salary from two to fifteen days.
Disqualification to rise for a period up to one year.
By very serious offence: Suspension of employment and salary of fifteen to sixty days.
Ineligibility for promotion for a period of up to five years.
The valuation of absences and the corresponding sanctions imposed by the management of the company will always be reviewable before the competent court. The punishment of serious and very serious failures will always require written communication to worker, stating the date and the facts that motivate it.
Not it may impose sanctions consisting in the reduction of the duration of holidays or other impairment of the rights to the rest of the worker or a fine if.
On the assumption that the sanction is imposed to a member of the works Committee or staff delegate, will be mandatory contradictory record open case of serious or very serious failures meant that apart from the person concerned shall be heard the works Committee or staff remaining delegates.
Article 94. Prescription.
The minor misconduct shall be extinguished after ten days, the serious twenty days and the very serious within sixty days from the date on which the company had knowledge of his Commission and, in any case, six months have been committed.
Chapter VIII safety and hygiene and occupational health article 95.
Industries affected by this Agreement shall comply with the general provisions on the prevention of accidents of work and health and safety, and in particular the General Ordinance of security and health at work of March 9, 1971.
1 work rooms, drying rooms and warehouses will have good natural ventilation and adequate artificial ventilation as required to achieve the Elimination of odors, powders or other harmful or unpleasant fumes that should be avoided wherever possible, working with machines or appliances closed or under cloches vacuums.
2. the floor of the Workrooms must form a continuous whole, will be smooth and impermeable, with rills of evacuation, which collect and give outputs to water or liquid poured in the various operations of the industry. The walls must be smooth and easily washable.
3. every day will be a thorough cleaning of the premises, collecting and evacuating, in due form, waste and rubbish accumulated during the day and making a final wash with abundant water preservative of disinfectants and deodorants. Local by sweep dry cleaning, is strictly prohibited to prevent the mobilization of dust that could contain pathogens.
1. the storage of fur, waste or waste likely to rot or pollution will be in appropriate premises and with the maximum guarantees of isolation from the remaining local work. Same rules shall be present with respect to the storage of materials and chemicals used in the various operations of the industry that fire hazard or are toxic in nature.
All these materials and products only will be available on the premises of the precise amounts work not to interrupt the course of this.
2. the sewage must be treated in accordance with that on the particular point the provisions of health.
3. in the transport, handling and use of acids, caustic substances and, in general, hazardous or toxic products used in the industry, should be present the measures appropriate to the nature and harmful or dangerous action of those, in accordance with the specific provisions of the General Ordinance of safety and health at work of March 9, 1971.
4. in particular, in the handling and transportation of furs and their residues and waste, the protective measures, seeking, distribution whenever possible, suppress their direct contact with the skin of the worker.
1. in all matters relating to engines, transmissions, machines and gears, will be present for its strict compliance with terms on the subject says the aforementioned General Ordinance.
2 various industry machines, be properly protected in order to avoid that the hands of workers at the service of the same can be achieved or swept away by cylinders or rollers, blades or gearbox or animated bodies of movement. All machines that offer these dangers in maximum efforts are made to provide devices of instant stop to the scope of the worker.
1. anthrax-infected furs should be destroyed, and the suspicious subjected to a thorough disinfection that ensures their safety.
2. workers, once denounced the fact, and until is resolved on the issue, if there is doubt, they are relieved of handling these skins.
3. any case of anthrax will be communicated obligatorily to the Labour Inspectorate and the corresponding Provincial Health Chief.
1. companies, according to the nature of the work, must provide their workers the right elements of personal protection, such as headgear, gloves, leggings and aprons of strong leather, rubber or wooden clogs, rubber boots; glasses and respiratory masks and overalls, running also in charge the renewal, cleaning lavatories and appropriate disinfection.
2. with regard to the time set for the successive renovations, it will be to the idea of that, except bad faith, these should be made, in any case, provided that it will be ineffective for the purpose.
1 personnel who have contact with skins, waste or waste of the industry shall, at the end of the work, wash carefully the face, neck and hands or limbs that were discovered, with water and disinfectant SOAP, using brush for fingernails. Complete equipment for toilet, which will facilitate and renew the company, will be used exclusively by each worker. In certain jobs, markedly dirty or dangerous, the shower can be made compulsory.
2. the practice of the indicated toilet will be required rigurosamente before meals, which prohibited are carried out within their own work premises.
3. the locales and facilities from sinks, showers, toilets and locker rooms shall comply with the conditions laid down in the General Ordinance of safety and health at work, on March 9, 1971.
1 is undertakings to take care of the possible conditions which workers as a result of the industry, by the manipulation of skins, rubbish, waste, chemicals, etc., in it, especially the cutaneous character appear. This obligation will be fulfilled through the appropriate surveillance and reconnaissance carried out by competent medical personnel. On the other hand, the workers are obliged to report the occurrence or production in your own skin from any scratch, excoriation, wound or pustule, uniquely in neck, hands and arms.
2. all companies will, on each of their places of work of 100 or more workers, a first aid kit with staffing appropriate to carry out emergency cures, and must appear in front of it a medical technical assistant.
3. companies will have anticarbuncoso serum, or failing, will ensure the rapid implementation of the same workers who require it. Also, they shall provide their workers specific vaccination, in accordance with the guidelines established for that purpose by health authorities.
In the companies in the sector using solvents or other products containing benzene, you will be in the order of the President of the Government's September 14, 1959, and in the joint resolution of the Directorates-General Labour and Industrial Promotion and technology, February 15, 1977, by which the complementary development of the aforementioned order instructions are updated.
Article 104. Committee of safety and hygiene, and occupational health.
In the workplace of more than 50 workers shall constitute a Committee on health and safety and occupational health that will be composed of three representatives designated preferably from the Works Council, the head of health services for enterprises of more than 100 workers, the head of maintenance and two representatives of the management of the company in which occupy less than 100 workers , or one if it is more than that figure.
A representative of the direction will act as President.
The health and safety and occupational health Committee shall meet upon request, maximum once every three weeks, with the exception of cases of force majeure, which will do so when it is called upon.
In workplaces with fewer than 50 workers, personnel delegates shall appoint from the template to the security guard, who must meet the appropriate conditions.
Through the Committee of safety and hygiene and occupational health, workers are entitled to information on the employed materials, technology and other aspects of the production process, which is necessary for the knowledge of the risks that can affect the physical and mental health. Also, they are entitled to information that held power from the company about the actual or potential of the production process risks and their prevention mechanisms.
Workers, individually, shall be entitled to all the relevant information to the studies that are carried out on their environment at work and on their State of health, including results of examinations, diagnoses and treatments carried out them. They are entitled to these results are provided them. The health and safety and occupational health Committee may require for those jobs where there health risks, proven or alleged, that special measures of surveillance.
Those workers and groups of workers who have increased vulnerability to the same, by their personal characteristics, by their greater exposure to risk conditions or other circumstances, will be monitored in particular.
The Committee on health and safety and occupational health will know the activity of the departments of medicine, hygiene and safety at work in enterprises, for the purpose of complete fulfillment of the above mentioned points and all aspects related to the protection of worker's health.
The information collected by these services can have no purpose other than the protection of the health of the worker, keeping the appropriate confidentiality.
Article 105. Medical review.
Companies affected by this Convention undertake to carry out medical reviews appropriate to the specific risks of the sections in which they work, through mutual societies supervisory workers.
Article 106. Chemical products.
Companies must have chemicals labeled, to the effect that workers who handled them can get to know them, in accordance with the Royal Decree 2216 of 28 of October of 1985 (27 November).
Also companies delivered to representatives of the workers the relationship of the chemicals used in the company, upon request of the works Committee or representatives of workers.
Maternity leave: The companies will provide to pregnant workers who so request it, whenever possible, and upon request of the applicant and optional reports, a position compatible with her condition.
Chapter IX article 108 Union rights.
Workers will exercise the basic right of participation in the company, in cases and in the form set out, through their representative bodies regulated in this chapter.
Representative bodies of workers at the enterprise or workplace, personnel delegates from those that are less than 50 template will be producers and more than 10 workers in its workforce. In enterprises or workplaces that have between six and ten workers, there will be a staff delegate.
The representatives of the employees (staff delegates and members of the Works Council) will have functions, responsibilities, powers and guarantees that recognizes les current legislation at all times.
Such representatives will be informed by the company of the penalties imposed for serious and very serious misconduct as well as constituting suspensions from employment and salary.
Stacking: in terms of stacking of the members of the Committee of company and staff delegates in one or several of its components, shall take into account the following rules: the accumulation of hours will occur between the representatives of the workers belonging to a same Trade Union Confederation.
This accumulation of hours shall be carried out with the available hours each month and within the same, prior notification to the employer with fifteen calendar days in advance.
In cases in which accumulation is attributed to worker or workers whose replacement in absences provide difficulties or is not possible, you must set a previous agreement with the employer.
Only you can accumulate up to 75 by 100 of the total of hours available belonging to the same Trade Union Confederation, representatives joining the resulting hours that have recognized the worker who attribute is the accumulation.
The worker or workers who accumulate hours are not excusados to justify the use of the same.
The personnel delegates or members of the Works Council up to 100 workers, will benefit from a credit of 16 hours per month paid for the exercise of their functions of representation, in accordance with article 68 of law 8/1980 of 10 March, of the Statute of workers.
Article 110. Trade Union sections.
Workers affiliated to a trade union may constitute trade union sections of company or workplace, in accordance with the statutes of their Union, that serve as channels of communication, dialogue and, where appropriate, negotiation, in accordance with the content of the title IV of the law on freedom of Association (11/1985).
The companies will provide a bulletin board so that the unions can spread those notices that interest to their members and workers in general.
The unions most representative trade unions and those who have representation on the Committee of company or have the staff delegates, shall have the right to collective bargaining, in the terms set out in its specific legislation, and to the use of a suitable venue in which to develop their activities. The right to the enjoyment of the premises shall be granted in enterprises or workplaces with more than 250 workers.
In companies or, where appropriate, in the work centers that occupy more than 250 workers who may be constituted by workers belonging to trade unions present in the enterprise committees, they will be represented in all respects by shop stewards elected by and among their members in the company or in the workplace.
In the absence of specific agreements in this regard, the number of stewards for each trade union section of the unions who have obtained 10 per l00 of the votes in the election to the works Committee, shall be determined according to the following scale: 250 to 750 workers, 1. 751 to 2,000 workers, 2. 2,001 to 5,000 workers, 3. of 5,001 onwards 4.
The Trade Union sections of those unions that have not obtained 10 per 100 voters, will be represented by a single Union delegate.
By agreement, or by collective bargaining, can expand the number of delegates set out in the previous scale and that refer to the template the company or workplace.
The Union delegates, in the event that is not part of the works Committee, will have the same guarantees as those laid down legally for the members of the committees of company, as well as the following rights protected from what could be established by collective agreement: to) access to the same information and documents that the company puts at the disposal of the Enterprise Committee with the obligation to keep professional secrecy for matters to legally proceed.
(b) assistance with voice and vote at meetings of the committees of company and the internal organs of the company in the field of occupational health and hygiene and safety.
(c) be heard by the company prior to the adoption of collective measures affecting workers in general and members of his Union in particular, and especially in the dismissals and sanctions of the latter.
Apart from the right of the members of a Trade Union the establishment of unions, may, in any case, hold meetings, prior notification to the holder, raise fees and distributing Trade Union information outside working hours and without disturbing the normal activity of the company, as well as to receive information which refer to the Union.
Article 111. Leaves of absence and licenses.
The employee on leave of absence for Trade Union Office of relevant provincial, regional, national or State, when ceases the position that motivated it, is entitled to join his post, after a maximum one month of such cessation.
Union office workers are entitled to enjoy the permits and licenses in accordance with the legislation in force.
Article 112. Hours of negotiation of the Convention.
The hours invested in the negotiation of the Convention by the members of the Negotiating Committee of workers of the same, are not counted for the purposes of the maximum limit of hours set out in article 104 of the Convention, in relation to article 68 of the Statute of workers, if such workers hold the position of members of the committees of company or staff delegates; If they do not meet this quality, trading hours will be considered as absences excused for the performance of a public duty. In one or another case, these hours are remunerated as actually worked.
Article 113. Canon of negotiation.
In order to defray expenses incurred in the negotiation and monitoring of the Convention, the companies will deducted from the remuneration of workers included in its scope, the amount equivalent to the l per 100 of wage contributions corresponding to a monthly payment for each worker, somebody that is the nature of their contract, which must be entered on behalf of the trade unions stockists of this Convention , and the note indicating them.
The quoted amount will be deducted only to those workers who communicate to the company their express agreement in writing.
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 at the negotiating table.
The canon of negotiation may deduct from the date of application of the Convention in the companies and up to sixty days after the publication of the same in the.
Article 114. Continuous training.
The signatory parties of the present Convention adhere to the national continuing professional education agreement, signed by business and trade unions, confederations of December 16, 1992 and registered and published as a collective agreement of February 25, 1992 (on March 10, 1993).
For this purpose is the sectoral joint Committee on continuous training, which will be composed of four representatives of the undersigned business organizations and four representatives signed on the Trade Union side, two of UGT and two DC. OO.
This Commission shall be constituted to 14 July 1994.
They are two special commissions concerning the following issues: to) list of professional categories.
(b) adaptation to the collective agreement of the labor reform.
Both committees will constitute on July 14, 1994 and will be integrated in joint form the signatory parties of this Convention, with a total of eight members each.
The works produced by these commissions must be completed before December 20, 1994 and will be incorporated, in case of agreement, the Convention next year.
First transitional provision. Correction of errata.
The Paritaria Commission at its first session shall certify the text of the Convention published in the eventual correction of errata.
Second transitional provision.
During the term of the present Convention and to understand that you it's a cyclical clause limited to 31 December 1994 and the serious situation of existing unemployment and in order to foster a solidarity-based social policy that promotes job creation, suppression remembers overtime usual thus maintaining the criterion established in previous agreements.
Also according to maintain the objective of aforementioned employment and international experiences in this matter, the parties of this agreement, considered positive to point to companies and workers, the possibility to compensate structural overtime by an equivalent time off, rather than be paid monetarily.
For the purposes of the provisions of article 7 of the Royal Decree 92/1983 on Social security contributions, shall be overtime resulting from force majeure: which come demanded by the need to repair claims or other urgent and extraordinary damage, as well as in case of risk of loss of raw materials. And structural overtime: the necessary contingency orders or periods end of production, unforeseen absences, rotating shifts, or other circumstances of structural nature derived from the nature of the activity in question; be maintained provided that they can not be replaced by the use of the different types of procurement provided for legally.
Also in relation to the objective of encouraging job creation through the reduction of overtime, the parties have agreed on the importance of strict compliance with article 35 of the Statute of workers, any breach of this article will be considered lack serious for the purposes of article 57 of the Statute.
Third transitional provision. Moonlighting.
The signatory parties of this agreement consider appropriate to eradicate moonlighting, as a general rule.
For this purpose it considers necessary that they are applied with the utmost rigor the sanctions provided for in the legislation in force in cases of workers not given high Social Security, by being given already high in another company.
By assist the objective of controlling dual practice is considered essential the exact fulfillment of the requirement to inform the legal representatives of the workers bulletins of Social security contributions, as well as models of employment contract writings, which are used in the enterprise, as well as documents relating to the termination of the employment relationship as it has the article 64.1.5 of the Statute of workers. The breach of this obligation shall be considered serious misconduct for the purposes of their punishment by the labour authority.
Fourth additional provision. Early retirement.
Individual agreement between the worker and the company, will retire him at the age of sixty-four, all in accordance with the legal provisions in force.
Fifth additional provision. Deduct Union dues.
The collection of Union dues by direct discount on the payroll of the affiliated Union, will take place at the request of the same or of their Union; in this case the Union must provide prior approval of your affiliate.
To perform the operation of discount must provide employer information on the amount of the fee and the bank account or passbook savings to which the corresponding amount shall be transferred.
The employer shall send copy of transfer to the signs of the corresponding Union, which will be informed to make the request.
Sixth additional provision. Plus matching to the Covenant of Catalonia.
In order to match the wages of the State Convention with the Pact of Catalonia establishes the so-called. That plus will have no impact on the prize of antiquity, nor incentives or premiums, but will it have in the two pay extras, benefits and vacations.
In order to achieve the lowest possible cost in enterprises affected by the process of equal salaries of the State Convention to the 1992 Pact of Catalonia, will be absorbable and compensated with the bonus of matching quantities that come for those companies which are not directly related to the productivity to pay to optimal activity, or do not have a specific consideration by the workers whichever its name.
The criteria to follow, as an example of takeovers and compensation, will be the following: 1. base salaries in amounts exceeding the established for each Professional category at the State Convention.
2. personal accessories, such as percentage of antiques; gratuities or voluntary payments; bonuses or supplements of responsibility; premiums of permanence or research; gasoline or distance, and any other that does not exactly respond to its name, and which exceed those laid down in the State Convention.
3 accessories of job, such as night plus; Plus, or assessment of workplace, extrasalarial plus and plus warranty, although they had been considered not compensable or absorbable and in which exceed those established at the State Convention.
4 policy and premiums of insurance for workers, as well as retirement bonuses that have established companies exceeding the State Convention.
5 amounts or incentives for production or activity where they exist written or agreement which will establish its status of compensable and absorbable.
6 accessories by quality or quantity of work, such as bonuses or incentives as well as any amount linked to productivity, may be absorbable and compensated in excess of retribution or optimal activity.
7. the quoted equality plus will be compensable and absorbable annual global basis.
8 completed the Equalization process, disappears the aforementioned plus on 1 January 1998, and will be integrated into the salary tables of the Convention.
9 will be free of this plus the following categories of the State Convention, which have no correlation with the Pact of Catalonia, 1992, such as: workers: apprentice 3. and 4. year.
Junior staff and various: Ordinances and nurse.
Buttons and gofers: from 16 to 18 and 18 to 20 years.
Auxiliary: A. of 16 to 18 and 18 to 20 years.
10. differences to match for each of the categories are the listed in annex 3.
11. these differences shall apply at the following rates for the years indicated: 1993: 5 per 100.
1994: 10 per 100.
1995: 15 per 100.
1996: 20 per 100.
1997: 50 by 100.
Similar to the treatment should previously be the quantities of table number 2 of the 1992 Pact of Catalonia.
12. the present agreement refers to differences resulting from the text of the Covenant in 1992 Cataluña, without affecting the parties required at all for future agreements that could be signed by the sector in Catalonia.
13 any discrepancies regarding takeovers and compensation of the plus of matching criteria, must necessarily be treated before any claims to another instance, in a specific Committee which will be created for this purpose, which will end on 31 December 1997, and which shall consist of two representatives from each of the trade unions UGT and CC. OO. and four representatives of the Spanish Council of tanners, with advisers choosing.
Seventh transitional provision.
As the parties will reach a full comparability to the mobile Plus of the Pact of Catalonia within the period indicated in paragraph 11 of the previous transitional provision, both representations provide clarification and realized that to January 1, 1998 there will be occurred total equality, so that date be governed by a single wage table for all companies and their employees affected by this Convention.
Eighth transitory provision.
The absorption and compensation criteria in the so-called Pact of Lorca, remain in the terms therein, as well as its articles.
Annex 1 categories / salary day 1993 - Pesetas / salary day 1994 - Pesetas staff worker official 1. / 3072 / 3,164 official 2. / 2.949 / 3.037 pawn specialized / 2.888 / 2.975 pawn / 2.838 / 2.923 apprentice of sixteen / 1923 / 1981 apprentice of seventeen / 1970 / 2.029 apprentice of eighteen or more years /-/ 2,485 staff / 2.826 / 2,911 wage month 1993 - Pesetas / wage month 1994 - junior Personal Pesetas and V.
Storekeeper / 98.767 101.730 Vigilante / 87.186 / 89.802 Ordinance / 85.092 / 87.645 Porter / 87.186 / 89.802 nurse / 85.092 / 87.645 buttons and Gofers sixteen to eighteen-year-old / 60.282 / 62.090 from eighteen to twenty years / 82.952 / 85.441 staff Chief of section / 152.514 / 157.089 head of purchasing, sales and negotiated / 143.219 / 147.516 traveler / 119.037 / 122.608 official 1. / 115.322 / 118.782 official 2. (/ 111.599 / 114.947 twenty-year-old Assistant / 88.536 / 91.192 auxiliary eighteen to twenty years / 81.839 / 84.294 from sixteen to eighteen years / 74.398 / 76.630 telephonist / 85.558 / 88.125 technical staff to) graduates: chemists, engineers and graduates / 187.859 / 193.495 technical engineers, ATS and social graduates. (/ 154.374 / 159.005 B) non-degree: general manager manufacturing / 187.859 / 193.495 Manager or head of section / 111.599 / Assistant Manager 114.947 / 104.159 / 107.284 technical assistant / 88.536 / 91.192 the extra payments for July and Christmas for the staff's daily wage shall consist of an allowance equivalent to 30,417 days.
Annex 2 categories / hour 1994 price - Pesetas staff worker official 1. / 2 official 224. / 213 specialized pawn / 210 pawn / 206 apprentice of sixteen to seventeen years / 143 apprentice of eighteen / 175 staff / 206 ratings and several storekeeper / 236 Vigilante / 209 Ordinance / 203 Porter / 209 nurse / 204 buttons and Gofers of sixteen to eighteen years / 144 eighteen to twenty years / 198 staff Chief of section / 365 shopping, Sales Manager and negotiated / 342 traveler / 283 official 1. / Official 2 274. (/ 266 twenty-year-old Assistant / 211 auxiliary eighteen to twenty years / 196 of sixteen to eighteen years / 176 telephonist / 206 technical staff to) graduates: chemists, engineers and graduates / 448 technical engineers, ATS and social graduates. (/ 367 B) non-degree: general manager manufacturing / 448 Manager or head of section / 266 Assistant Manager / 246 technical assistant / 211 annex 3 quantities to match by year and category: categories / comparable category / State Convention 1992 (month salary / wage day) / difference with P.C. (month-day) / 1993 (5%) / 1994 (10% / TOTAL) / 1995 (15% / TOTAL) / 1996 (20% / TOTAL) / 1997 (50% / TOTAL) workers official 1.
/ Yes / XXXX / 2.926 / 223 / 11 / 22 / 33 / 33 / 67 / 45 / 112 / 112 / 223 official 2.
/ Yes / XXXX / 2.809 / 228 / 11 / 23 / 34 / 34 / 68 / 46 / 114 / 114 / 228 specialized pawn / Yes / XXXX / 2,750 / 211 / 11 / 21 / 32 / 32 / 63 / 42 / 106 / 106 / 211 pawn / Yes / XXXX / 2.703 / 193 / 10 / 19 / 29 / 29 / 58 / 39 / 97 / 97 / 193 apprentice third year / not / XXXX / 1831 /-/-/-/-/-/ /-/-/-/-fourth apprentice year / not / XXXX / 1,876 /-/-/-/-/-/-/-/-/-/-Personal cleaning / Yes / XXXX / 2,691 / 193 / 10 / 19 / 29 / 29 / 58 / 39 / 97 / 97 / 193 ratings and several / storekeeper (Magatzemer) / Yes / 94.064 / XXXX / 6.888 / 344 / 689 / 1,033 / 1,033 / 2.066 / 1378 / 3.444 / 3.444 / 6.888 Vigilante (Vigilant) / Yes / 83.034 / XXXX / 6.859 / 343 / 686 / 1.029 / 1.029 / 2.058 / 1372 / 3.430 / 3.430 / 6.859 Ordinance / not / 81.040 / XXXX /-/-/-/-/-/-/-/-/-/-Porter (Porter) / Yes / 83.034 / XXXX / 6.859 / 343 / 686 / 1.029 / 1.029 / 2.058 / 1372 / 3.430 / 3.430 / 6.859 nurse / not / 81.040 / XXXX / /-/-/-/-/-/-/-/-/-buttons and Gofers sixteen to eighteen-year-old / Yes / 57.411 / XXXX / /-/-/-/-/-/-/-/-/-eighteen to twenty years / yes / 79.002 / XXXX /-/-/-/-/-/-/-/-/-/-staff administrative Chief of section (section chapter) / Yes / 145.251 / XXXX / 3.617 / 181 / 362 / 543 / 543 / 1,085 / 723 / 1,809 / 1,809 / 3.617 purchases, Sales Manager and negotiated (shopping chap. i sell) / Yes / 136.399 / XXXX / 11.602 / 580 / 1,160 / 1.740 / 1.740 / 3,481 / 2,320 / 5.801 / 5.801 / 11.602 traveler (Coastin') / Yes / 113.369 / XXXX / 6.128 / 306 / 613 / 919 / 919 / 1838 / 1.226 / 3.064 / 3.064 / 6.128 official 1.
/ Yes / 109.830 / XXXX / 6,536 / 327 / 654 / 980 / 980 / 1961 / 1.307 / 3.268 / 3.268 / 6.536 official 2.
(/ Yes / 106.285 / XXXX / 6,484 / 324 / 648 / 973 / 973 / 1945 / 1.297 / 3.242 / 3.242 / 6.484 twenty-year-old auxiliary (aux administratiu 18 major to) / Yes / 84.320 / XXXX / 7.298 / 365 / 730 / 1,095 / 1,095 / 2.189 / 1,460 / 3.649 / 3.649 / 7.298 auxiliary / eighteen to twenty years / not / 77.942 / XXXX /-/-/-/-/-/-/-/-/-/-sixteen to eighteen-year-old / not / 70.855 / XXXX /-/-/-/-/-/-/-/-/-/-operator / Yes / 81.484 / XXXX / 11.252 / 563 / 1.125 / 1.688 / 1.688 / 3.376 / 2,250 / 5.626 / 5.626 / 11.252 technical staff to) graduates : Chemists, engineers and graduates (engineers) / Yes / 178.013 / XXXX / 2014 / 101 / 201 / 302 / 302 / 604 / 403 / 1.007 / 1.007 / 2,014 technical engineers, ATS and social graduates (Enginyers tecnic). (/ Yes / 147.023 / XXXX / 7.266 / 363 / 727 / 1.090 / 1.090 / 2,180 / 1453 / 3.633 / 3.633 7.266 B) non-degree: general manager (general Encarregat de fabrication) manufacturing / Yes / 173.913 / XXXX / 2014 / 101 / 201 / 302 / 302 / 604 / 403 / 1.007 / 1.007 / 2,014 Manager head of section (chap. sector) Yes / 106.285 / XXXX / 7.266 / 363 / 727 / 1.090 / 1.090 / 2,180 / 1453 / 3.633 / 3.633 / 7.266
Ay. Manager (Ajudant d'Encarregat) / Yes / 99.199 / XXXX / 4.794 / 240 / 479 / 719 / 719 / 1.438 / 959 / 2.397 / 2.397 / 4.794 technical assistant (Adj. tecnic) / Yes / 84.320 / XXXX / 15.813 / 791 / 1.581 / 2.372 / 2.372 / 4.744 / 3.163 / 7.907 / 7.907 / 15.813