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Resolution Of 23 June 1994, Of The General Directorate Of Labour, By Which Registration Is Available In The Register And Publication Of The Text Of The Collective Convention Xvi For Private Banking.

Original Language Title: Resolución de 23 de junio de 1994, de la Dirección General de Trabajo, por la que se dispone la inscripción en el Registro y publicación del texto del XVI Convenio Colectivo para la Banca Privada.

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TEXT

Having regard to the text of the 16th Collective Agreement for Private Banking (code number: 9900585), which was signed on 9 June 1994, on the one hand, by the Spanish Private Banking Association, on behalf of the companies of the (a) sector, and, of the other, by the State Banking Federation of CC OO and the Federation of UGT Services, representing workers, and in accordance with the provisions of Article 90 (2) and (3) of Law 8/1980 of 10 March 2001, Staff Regulations and Royal Decree 1040/1981 of 22 May 1981 on the registration and deposit of Conventions Work collectives,

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, June 23, 1994. -Director General, Soledad Cordova Garrido.

XVI COLLECTIVE AGREEMENT FOR PRIVATE BANKING

CHAPTER I

General provisions

Article l. Preliminary provision.

1. References to the Convention without further specification shall be construed as references to the present Collective Convention.

2. Whenever the regulations are cited or the acronym RNB is used, the National Labor Regulations of Private Banking, approved by Order of 3 March 1950, will be considered.

3. Where undertakings are referred to in this Convention without any other precision, the private banking undertakings to which the Convention is concerned must be understood to be those which the Convention affects, in accordance with Article 2 thereof.

4. The and expressions used in the following items comprise all the groups referred to in Article 3. of the Regulations, except in the context of the articles referred to as referring only to some or some of those groups.

Article 2. Scope.

This Convention shall be binding on employment relations between private banking undertakings and the staff referred to in Article 1. of the GNI with an effective employment relationship on 1 January 1992 or which it subsequently enters, as well as for those who serve in the Chambers of Banking Compensation, also referred to in Article 1. of the GNI.

Its territorial scope will be limited to the entire state.

The work provided by Spanish workers employed in Spain at the service of Spanish banking companies abroad will be regulated by the contract concluded with strict submission to Spanish legislation.

This worker will have the economic rights that would correspond to working in Spanish territory.

The worker and the employer may submit their disputes to the Spanish jurisdiction.

Article 3. Previous Conventions.

Replaces the present Convention with the previous one, approved by the Directorate General for Work by Resolution of 16 July 1990 and published in the Official Journal of the State > on 31 July of the same year.

Article 4. Validity of the Convention.

The duration of this Convention shall be extended from 1 January 1992 to 31 December 1995. Its entry into force will take place on the same day as its publication in the Official Journal of the State.

The term of validity referred to in the preceding paragraph shall be tacitly extended from year to year, unless the Convention is denounced by any of the business associations or trade unions entitled to negotiate, Article 87.2 of the Staff Regulations. In any event, the complaint must be made in the period from 1 October to 31 December of the year in which its validity ends or any of its possible extensions.

Article 5. General clause of compensation and removals.

1. The Convention compensates and absorbs any improvements made by personnel, either through other Conventions or Standards of Obtained Compliance, or by unilateral decisions of companies.

2. The Convention shall also be absorbed by the Convention, as far as possible, the economic effects which may result from legal or administrative provisions which enter into force after the signing of the Convention. For the purposes of the absorption, the situation resulting from the application of the Convention and that resulting from the legal and administrative provisions, excluding those which are merely the approval of other provisions, shall be compared globally. Collective Agreements.

Article 6. Unit of the Convention.

The articulated of the Convention forms a unitary set. Interpretations or applications which, for the purpose of judging on individual or collective situations, shall be considered to be in isolation, shall not be admissible.

CHAPTER II

Remuneration

Article 7. Remuneration concepts.

1. For the duration of this Convention, the staff remuneration scheme shall consist solely of

following concepts:

a) Salary.

b) Augments by age.

c) Extraordinary Gratitude of July and Christmas.

d) Participation in benefits.

e) Gratification and supplementary or special assignments.

f) Stimulus to production.

g) Extraordinary hours.

h) Pluses.

2. The remuneration concepts referred to in the preceding paragraph shall have the content and scope laid down in the following Articles.

3. For the purposes of the application of the following Articles, it is understood by payment or monthly payment of part of the salary and the increases in seniority which each worker actually receives.

Article 8. Wages.

1. The salaries of the staff according to their category shall be as shown in the following table:

Category/From 1-1-1992/From 1-1-1993/From 1-1-1994/From 1-1-1995

Chiefs of 1. A/3,431,852/3.534.807/3.632.014/3.731.895

Chiefs of 1. B/2.391.213/2.462.950/2.530.681/2.600.275

Chiefs of 1. C/2.039.181/2.100.356/2.158.116/2.217.464

Chiefs of 2. A/2.967.490/3.056.515/3.140.569/3.226.935

Chiefs of 2. B/2.130.454/2.194.368/2.254.713/2.316.718

Chiefs of 2. C/1.935.874/1.993,951/2.048.784/2.105.126

Chiefs of 3. A/2.509.764/2.585.057/2.656.146/2.729.190

Chiefs of 3. B/2.036.865/2.097.971/2.155.665/2.214.946

Chiefs of 3. C/1.908.931/1.966.199/2.020.270/2.075.827

Chiefs of 4. A/2.067.517/2.129.543/2.188.105/2.248.278

Chiefs of 4. B/1.907,616/1.964,845/2.018.878/2.074.397

Chiefs of 4. C/1.839.304/1.894.484/1.9582/2.000.113

Chiefs of 5. A/1.923.784/1.981.497/2.035.988/2.091.978

Chiefs of 5. B/1.769.456/1.82540/1.872.660/1.924.158

Chiefs of 5. C/1.673.133/1.723.327/1.770.718/1.819.413

Chiefs of 6. A/1.888.408/1.945.061/1.998.550/2.053.510

Chiefs of 6. B/1.742.694/1.794.975/1.844.337/1.895.056

Graduates (full day)/2.967.490/3.056.515/3.140.569/3.226.935

Graduates (incomplete day)/2.067.517/2.129.543/2.188.105/2.248.278

Officers of 1.

/1.610.397/1.658.709/1.704.323/1.751.192

Officers of 2.

/1.434.801/1.477.845/1.518.486/1.560.245

Auxiliary/1.289.275/1.327.953/1.364.472/1.401.994

Concierges/1.610.397/1.658.709/1.704.323/1.751.192

Vigilantes/1.289.275/1.327.953/1.364.472/1.401.994

Buttons:

Since 18 years of age. /533.203/549.200/564.303/579.821

Under 18 years of age/364.331/375.261/385.580/396.184

Miscellaneous Trades:

Officers and drivers/1,610.397/1.658.709/1.704.323/1.751.192

Helpers/1.434.801/1.477,845/1.518.486/1.560.245

Peones/1.289.275/1.327.953/1.364.472/1.401.994

Telephone (12 years)/1.610.397/1.658.709/1.704.323/1.751.192

Telephone (6 years)/1.434.801/1.477.845/1.518.486/1.560.245

Telephone (entry)/1.289.275/1.327.953/1.364.472/1.401.994

Operatives cleaning (hour)/332.68/342.66/352.08/361.76

2. The salaries referred to in the preceding paragraph are annual and shall be paid by the parties payable by the end of the payment period.

Article 9. Increases by seniority.

1. During the term of the Convention the remuneration according to seniority shall be determined in the form laid down in the following three Articles.

2. They should not be confused with seniority and effective service time in the company, so that the total or partial loss of the company will not carry with it, since it is an element of fact, decrease of this one.

3. Provided that the Convention refers to increases in seniority, triennial or 'perceptions by seniority', reference shall be made to the reference to the amounts due in accordance with Articles 10, 11 and 12.

Article 10. Seniority in the company.

1. During the term of the Convention, a system of supplementary remuneration shall be governed by the seniority of the undertaking, which shall be governed by the following paragraphs.

2. The seniority in the undertaking shall be computed by full trienes of effective service to or recognised by it, without prejudice to the provisions of Article 56 of the Regulation. The strict application of Article 28 of the GNI does not in itself imply recognition of seniority for further promotion, except in cases where it would in some way imply the express recognition of seniority in the category to such an extent. Ascent effect.

3. The amounts of the increases in seniority shall be as shown in the following table:

Category/From 1-1-1992/From 1-1-1993/From 1-1-1994/From 1-1-1995

Hourly pesetas for each triennium

Cleaning operatives .../17.66/18.19/18.69/19.20

Yearly pesetas for each triennium

Staff entitled with incomplete day .../22.296/22.965/23.597/24.246

Rest of staff .../44.592/45.929/47.192/48.490

4. The amount of the triennial shall be made cash on a part of the amount payable by the end of the day, except for those of the housekeeping staff, whose monthly or daily amount shall be effective according to the number of hours in which they are paid. provide their services.

5. The system of increase by seniority established in this article will not apply to the Buttons. However, the time served in that category shall be computed when the Buttons passes to another category for the purpose of determining the age increases corresponding to it.

Article 11. Seniority of staff promoted by training.

1. Workers who, before 20 May 1967, have been promoted by training to second or first officers, shall be kept recognised for the purposes of Article 10 as the time of service. In theory, they would have been in advance as a result of the rise, given the normal age-old regime that existed at the time of the training promotion.

2. To the Subaltera or Caja Aide which prior to the date mentioned above would have been promoted by training to second or first officers, they will be computed as old the real, but if at the moment of the ascent said the actual age would have been less than nine or fifteen years, depending on the promotion to the second or first official, they shall be kept recognized for the purposes of Article 10 as the service time necessary to have at such a time nine or fifteen years old, respectively.

3. Those who, prior to 8 May 1965, would have been promoted by free designation of the company to second or first officers will be considered for all purposes as second or first training officers since the date of the ascent. Consequently, the age corresponding to the previous two paragraphs will be maintained, according to the fact that at the time of the ascent they belong to the group of employees or to the group of Subalterns or Helpers of Caja.

However, in order not to cover the able-bodied scale, the Officers referred to in paragraph 3 shall be counted within 10 per 100 referred to in paragraph 3 of Article 17 of the GNI as they are produce vacancies, at the rate of 50 per 100 of these.

4. The provisions of this article shall govern only as long as the promoted by training remains in the categories of the Official second or the Official first, but if after ascending to any of the categories of Chiefs it will lose the time of service recognised in accordance with the preceding paragraphs, and shall only receive the salary corresponding to the category to which it has been promoted, plus the amount of the trienes corresponding to the number of years actually served in the undertaking. However, the total perception in the new category shall not be less than that which the Officer had at the time of promotion to the Chief, to which effect the difference which may arise shall increase the salary assigned to the category of Head to that he would have ascended.

5. Those who have been promoted or promoted by training from May 20, 1967, will not be recognized as a theoretical time of service for the rise of the year.

6. The age recognized by the company as a result of training promotions will be accumulated by the actual trienes that will be produced in the future.

Article 12. Seniority in the category of Head.

1. In addition to the three-year period in the enterprise, the Heads shall receive, for every three full years of effective service in the same category of Head, three-year period of the annual amount shown in the following table:

Category/From 1-1-1992/From 1-1-1993/From 1-1-1994/From 1-1-1995

Chiefs of 1.

/50,909/52,436/53,878/55.360

Chiefs of 2.

/38.764/39.927/41.025/42.153

Chiefs of 3.

/33.564/34,571/35.522/36.498

Chiefs of 4.

/18.512/19.067/19.592/20.130

Chiefs of 5.

/18.512/19.067/19.592/20.130

Chiefs of 6.

/14.464/14.898/15.308/15.728

2. These trienes, in respect of the Heads of the first to fourth inclusive, shall be payable only for the time when they have been held or have the status of a proxy.

3. The first-to-fourth Chiefs who would have lost their powers will be held to the tri-ages of seniority in Jefatura accrued to the date of the withdrawal of powers. It is understood that new trienes of this nature will not be established hereafter.

4. When a Head changes category within the Head of Office, the three-year-end shall be held to the same or other categories of Heads in which he would have been previously. Such trienes shall be the amount corresponding to the category in which the accrual occurred. If at the time of the change there is a run of a triennium fraction, it shall be computed for the purposes of accrual of the first three-year period corresponding to the category to which it would have passed.

5. For the purposes of this Article, the staff entitled 'Full time' shall be treated as the Heads of the second, and the staff entitled with an incomplete day, to the Heads of the fourth.

6. The three-year period referred to in this Article shall be met by the parties, payable by the end of the period.

Article 13. Extraordinary bonuses of July and Christmas.

Your amount for each worker will be equivalent to the amount of your monthly salary and age, and of course, in the proportion that comes, if your stay in the company is less than one year.

Article 14. Profit participation.

1. During the term of the Convention, the staff shall receive a profit share to be determined in the manner set out in the following paragraphs.

2. If 10 per 100 of the amount of the liquid dividend paid to the shareholders does not exceed in the company the amount of a quarter of pay, also liquid, the staff will receive the equivalent of a full pay. If the 10 per 100 of the liquid dividend is greater than a quarter of pay and less than half pay, also liquids, the staff will receive the amount of pay and the fourth, and so on this perception will increase in the necessary rooms to absorb, if any, that difference.

In any case and for the duration of this Convention, no less than the number of rooms paid by each company in 1991 will be paid for by this concept.

3. The participation in the benefits of the staff of foreign banks, industrial and business banks and Banking Clearing Chambers shall be applied in the following terms:

(a) Foreign banks: The staff will receive as many pay rooms as the staff of the commercial bank of national category that has received the most by strict application of the previous paragraph 2.

b) Industrial and business banks, created and processed under the Law on Credit and Banking Management of 14 April 1962: The arithmetic mean of the pay-rooms shall be found, which, by strict application of the Paragraph 2 above, have been satisfied by the commercial banks of national category. The number represented by that arithmetic average, rounded up in their case by excess, shall be the number of rooms of pay which the staff of these banks shall receive.

(c) Banking Clearing Chambers: It shall have the same regulation as that of the industrial and business banks listed in subparagraph (b) above.

4. The profit contribution referred to in the preceding paragraphs shall be deemed to be due on 31 December of each year and shall be effective in the amount of full payment in December 1992, 1993, 1994 and 1995. The excess over that amount may correspond, in accordance with the preceding paragraphs, to be effective within the first half of the following financial year.

5. The participation in benefits which prior to the validity of the Convention approved on 12 April 1965 existed in the fixed minimum amount of 5.75 pages, was absorbed in the remuneration laid down in the previous Conventions and Regulations, as in the current one. Only for the purposes of the minimum laid down in Article 30 of the Regulation and of the removals or compensations to which there may be a place in the future, in accordance with Article 5. of this Convention, it is stated that the remuneration laid down in the preceding Articles consists of 5,50 pages corresponding to the share of the profits, and that the amount of each paid amount is, in respect of each worker, that which It would have been in accordance with the Convention adopted on 14 January 1963.

Article 15. Additional or special allowances and rewards.

1. During the period of validity of this Convention, only supplementary or special allowances and allowances established and regulated therein shall be governed by the GNI and other provisions in force which are not expressly amended or deleted in this Convention. Convention. The transport plus is expressly absorbed.

2. Staff who are less than three years old in the establishment plan with the category of Administrative auxiliaries shall receive a transitional allowance, which shall be payable for monthly payments in the 12 calendar months of the year, it is no longer to be perceived at the time when each person concerned starts to earn increases in seniority, with the annual amount shown below:

Concept: Transient Assignment. From 1-1-1992: 6,483. From 1-1-1993: 6.678. From 1-1-1994: 6,862. From 1-1-1995: 7,050

3. The Juries referred to in Decree 554/1974 of 1 May, and the Order of 1 April of the same year, shall be entitled to a 10 per 100 licence for the use of arms on the salary and salary allowances and increases for their seniority. category have.

4. The so-called 'compensation of parties' deleted from which the staff members were entitled before 7 February 1958 and the person who entered after that date which he has been receiving as a more beneficial condition, determine on the basis resulting from computing 14 pages as a dividend. From the entry into force of the Convention, the divisor will be 1,750 for 1992 and 1993, 1,739 for 1994 and 1,728 for 1-1-1995.

5. The residence allowance, in addition to the ordinary and extraordinary payments of July and December, shall also be paid in the fixed and guaranteed payments which, by any other concept, is collected by the staff.

6. Personnel joining ranks to serve the military service without the minimum age of two years set out in the last paragraph of the ar

Article 60 of the Work Regulations on Private Banking, shall be entitled to the economic perceptions regulated in the said precept, from the moment it is two years old in the company, if it is Circumstance occurs during the stay in rows of the data subject.

The personnel who are providing military service and are entitled to the economic perceptions mentioned in the previous section for meeting the requirements stated therein, when they do not reach the limit of 100 hours in Article 60 of the GNI, it shall be entitled to the proportional perception of the remaining 40 per 100 depending on the hours actually worked.

Married workers or unmarried persons with first-degree relatives in their care who have the consideration of their beneficiaries in Social Security, during the service of the military service, shall be entitled to receive 100% of the by 100 of his assets, if he or she is not able to carry out any working hours or complete those referred to in Article 60 of the GNI.

To the staff who are performing the Social Service Substitute of the Military Service, in accordance with the provisions of Law 48/1984, it will be applicable to the staff established in Article 60 of the GNI, This paragraph and provisions shall be consistent with this Convention and shall therefore enjoy the appropriate remuneration for as long as it would have been due to remain in the ranks, as appropriate, in the case of the Army of Earth, in the Air or in the Navy.

Article 16 Gratification of Article 23 of the Regulations.

During the term of the Convention, the proxy gratification, as set out in the last paragraph of Article 23 of the Regulations, shall be collected; the annual amounts shall be as follows:

Concept: Graintification proxy. From 1-1-1992: 40.539. From 1-1-1993: 41,756. From 1-1-1994: 42,904. From: 1-1-1995: 44,084.

Article 16a. Reclassification of the Officers referred to in the last paragraph of Article 23 of the GNI.

From the date of entry into force of this Convention, the Officers referred to in the last paragraph of Article 23 of the GNI shall be classified, at least, Heads of the fourth C-if they have appointed Director-and Heads of (c) in all other cases, provided that at the date of entry into force of this Convention six months have elapsed since the appointment and enforcement of the present Convention, or where appropriate since they are satisfied; future appointments and proxies. This is without prejudice to the fact that the company's management decides, voluntarily, to award custom classifications of higher category.

The staff referred to in the preceding paragraph shall cease to receive the gratification of the proxy referred to in Article 16 of the Convention, from the time when it is promoted in the manner indicated in the preceding paragraph.

Article 17. Overtime.

1. Aware of the serious situation of existing unemployment and with the aim of promoting job creation, they agree to reduce the number of overtime hours to the minimum necessary according to the following criteria:

a) Regular overtime: progressive reduction.

(b) Extraordinary hours that are required by the need to repair claims or other extraordinary and urgent damages: realization.

(c) Extraordinary hours required for peak periods of production, unforeseen absences, shift changes or other structural circumstances arising from the nature of the activity concerned: maintenance, provided that the use of the various forms of temporary or partial procurement provided for by the Law does not apply.

2. The number of overtime may not exceed, at any time, the number laid down by the statutory provisions, except those worked to prevent or repair claims or other extraordinary and urgent damages.

3. The provision of overtime work shall be voluntary.

4. The overtime shall be recorded day by day in an individual or similar system, visada by the respective Chief. Such a book or similar document shall be available to the worker, or in his possession, when his characteristics permit.

5. The Company's Directorate shall report quarterly and in writing to the Enterprise Committee, Staff Delegates and Trade Unions on the number of overtime hours, specifying the causes and, where applicable, the distribution by sections. Also, according to this information and the above criteria, the company and the legal representatives of the workers will determine the nature and nature of the overtime.

6. For the purposes of this Convention, for the determination of the value of the extraordinary hour, a standard value shall be set for the ordinary hour, obtained by calculating the equivalent of 17,25 pages as a dividend (for these purposes, (a) pay the amount of the salary plus increases by seniority, concepts (a) and (b) of Article 7. Since the Convention entered into force, the divider will be the figure of 1,750 for the years 1992 and 1993, 1,739 for 1994 and 1,728 for the years 1-1-1995. For the calculation of the divider corresponding to the lower-than-normal staff, the previous divider will be reduced according to the shorter duration of the day.

An increase of 75 per 100 will be applied to the value thus established.

7. The day currently in force leaves without effect the special surcharge that for the period of intensive working time establishes the specific regulations of the field.

Article 18. Plus machines.

1. The staff of machines, as long as they are employed, shall receive a minimum monthly allowance, the amount of which shall be reflected in payroll, as follows:

Concept: Plus machines. From 1-1-1992: 3.244. From 1-1-1993: 3.341. From 1-1-1994: 3,433. From 1-1-1995: 3,527.

In the event that two or more workers are taken in the handling of the same, the plus of machines will be distributed among them, proportionally to the hours each one would have handled the machine, computing to them effects of overtime.

2. For the purposes of this Article, it is understood by machine personnel that during their working day they are at the head of special machines for statistics and liquidators or for the purpose and/or position portfolio. (a) to which the undertaking, on a proposal from the employees ' representatives, considers or has deemed it appropriate to grant them the bonus for being at the head of other special feature machines.

3. It is understood that a worker is at the front of the machine throughout the working day, when its function is that, specifically and exclusively, and does not stop being at the front of the machine because it performs functions that can be called service of the machine, for being preparatory or related to the management of the same.

In this case you have the right to full machines, without, on the other hand, you have the one that only develops those functions of ordination or preparation, finding another worker at the front of it. The worker who, by the nature of the machine or by the degree of intensity of his use, develops functions at the front of the machine only for one part of the day, performing the other other functions which cannot be retraced To be in front of a special machine, it is only entitled to the proportional part of the plus corresponding to the hours actually worked at the front of the machine.

4. Staff who are in a situation of temporary incapacity for work or enjoy a statutory holiday shall be entitled to receive such a plus as long as they remain in these situations. In the case that the amount received for such a concept is not equal every month, the average of the six months preceding the incapacity or the initiation of holidays will be computed for these purposes; those who are temporarily replacing them shall also be charged. In the event of temporary incapacity for work, the perception of this plus shall be in accordance with the arrangements laid down in Article 41 of the GNI.

5. The voluntary improvements already established by this concept in excess of the minimum laid down in Article 1 of this Article shall not be absorbed, unless the rules giving rise to the same are disputed.

6. The staff of machines, with the exception of those who have expressly been hired for their handling, may exercise the right referred to in Article 16 of the Regulations, without their change or transfer being delayed in any case more than six months. years, from the time he made his application.

7. The six-year period referred to in the preceding subparagraph shall be without prejudice to the fact that the change must be carried out before, if it were carried out by application of the system laid down in Article 16 of the Rules of Procedure.

8. The accrual shall be caused by the condition of the machine in which it is worked, unless it is definitively intended for other operations than those which entitle the plus.

Article 19. Encouragement of production and quality.

a) Stimulus to production:

1. As a stimulus to production, the staff will receive half-pay, which will be effective in the months of September of each year of the Convention.

2. The staff whose journey exceeds three and a half hours shall be entitled to receive, in addition, for the same concept and for the duration of this Convention, the monthly amount shown below:

Concept: Plus of production stimulus. From 1-1-1992: 3.218. From 1-1-1993: 3.315. From 1-1-1994: 3.406. From 1-1-1995: 3,500.

For each day of unassisted inassistance, the following amount shall be deducted:

Concept: Discount for unjustifiable inassistance. From 1-1-1992: 129. From 1-1-1993: 133. From 1-1-1994: 137. From 1-1-1995: 140.

3. Staff whose working day does not exceed three and a half hours shall, for the same term, receive half the amount referred to in the first subparagraph of the preceding paragraph for each year of validity, respecting any more beneficial situation. that individually he came enjoying himself.

For each day of unassisted inassistance, half of the amount shown in the table in the second subparagraph of the previous paragraph shall be deducted.

The staff providing military service, or replacement social service according to the terms of Article 15.6, shall correspond to the monthly amounts listed in the first subparagraph of the preceding paragraph, provided that the number of hours needed to achieve the day referred to in Article 60 of the Rules of procedure. If it does not reach it, it shall be payable in the appropriate proportion.

b) Special Convention Plus for Quality of Work:

1. The amount of this plus, which will be collected during the time of this Convention, is set out in the following annual amounts:

Concept: Plus Convention for Quality of Work. From 1-1-1992: 136,882. From 1-1-1993: 140.988. From 1-1-1994: 144,866. From 1-1-1995: 148,849.

Such amounts shall be made effective by two-party instalments, payable by expired monthly payments.

2. In the case of non-full-time staff and those who provide military or social replacement services in accordance with the terms of Article 15.6, the system of collection of the indicated plus shall be in accordance with the provisions of paragraph 3 of the paragraph (a) above.

Article 20. Plus assistance and punctuality.

1. In all places, a plus of attendance and punctuality shall be paid, the amount of which per day of work shall be as follows:

Concept: Plus assistance and punctuality. From 1-1-1992: 129. From 1-1-1993: 133. From 1-1-1994: 137. From 1-1-1995: 140.

2. The plus will be earned day by day for effective and timely assistance to the job. The unrepentant assistance will give rise, on the day that occurs, to the accrual of half of the plus only. The amount of the plus accrued for each worker will be satisfied on the monthly payroll. The impuntuality shall be determined in accordance with the Rules of Procedure of each company or system of control established.

3. Staff whose working day is equal to or less than three and a half hours will receive half of the plus, having the right to their full working day when their working day is higher, respecting any situation more beneficial than individually he would come enjoying himself.

4. The staff providing military service, or social replacement under the terms of Article 15 (6), shall be responsible for this plus, even if their attendance is made on a different schedule than normal, provided that they carry out the number of hours necessary for to achieve the day set out in Article 60 of the Regulation. If it does not reach it, it shall be payable in the appropriate proportion.

Article 21. Cash assistants (GNI, Article 5).

1. The functions of collections and payments in the windows, performed by the staff called in the GNI , were integrated as of 8 March 1980 in the administrative functions that determines, for the group of employees, the Article 4 of that GNI, as belonging to those entrusted to Officers and Auxiliary.

Of these administrative functions, the workers who at that date had the professional categories of Administrative Officers and Assistants were excepted, except that they had voluntarily agreed to perform them. They are mandatory for those integrated in the abovementioned categories from the repeated date and for the so-called until then ', which were classified, from the same date of 8 March 1980, into the categories of First or second officers, as they were first or second box assistants, respectively.

As of May 19, 1988, the charge and payment functions in the box windows are of general performance for the entire group of administrative employees. Where there is a need for the performance of charges and payments at a point of time by staff so far not obliged to carry out such duties, these tasks shall be carried out by voluntary staff, provided that the conditions are met. of the necessary suitability determined by the Directorate of Personnel of the undertaking in the exercise of the powers recognised in Article 2. of the GNI. Only if these conditions of suitability are not met, the designation of non-voluntary personnel will be established; well, in this case, their permanence in this situation would only be maintained for one year, after which it would be reviewed, (a) to be replaced if there is another suitable staff to enable it. This non-voluntary performance situation will not be maintained for longer than two years.

As of May 19, 1988, the cash faults, which until then were paid by the employee, are borne by the companies, with the disappearance of the compensation for the bankruptcy of the currency.

The staff who were already obliged before 19 May 1988 to carry out payment and payment duties, who have been paid for the bankruptcy of the currency, will receive, when carrying out these duties, an annual bonus in the amounts listed below:

Concept: Gratitude for payment and collection functions. From 1-1-1992: 42,547. From 1-1-1993: 43,824. From 1-1-1994: 46.992. From 1-1-1995: 48.284.

Gratification, payable by expired monthly payments, will be received in proportion to the days of the month in which the employee performs such functions, even if it is not the full day. Staff who are in a situation of temporary incapacity for work or enjoy a statutory holiday shall be entitled to receive such benefits as long as they remain in these situations. In the event that the amount received for such a concept is not equal every month, the average of the six months prior to the incapacity or the initiation of holidays will be computed for these purposes. In the event of temporary incapacity for work, the perception of this gratification shall be in accordance with the arrangements laid down in Article 41 of the GNI.

The staff who assume these duties, without being obliged to carry out these duties before 19 May 1988, shall receive a monthly supplement which shall be met while carrying out those duties and shall be paid in proportion to the days of the month in question. which actually performs them, even if it is not the full day, according to the amounts listed below:

Concept: Add-on for collection and payment functions. From 1-1-1992: 9,781. From 1-1-1993: 10.075. From 1-1-1994: 10.804. From 1-1-1995: 11.101.

Staff who are in a situation of temporary incapacity for work or enjoy statutory holidays will be entitled to receive such a supplement as long as they remain in these situations. In the event that the amount received for such a concept is not equal every month, the average of the six months prior to the incapacity or the initiation of holidays will be computed for these purposes. In the event of temporary incapacity for work, the perception of this gratification shall be in accordance with the arrangements laid down in Article 41 of the GNI.

2. The Cash Assistants who went to Administrative Board before 8 March 1980 may choose to continue in the situation which they are currently recognised, or for which they would have continued on that date in the group of Cash assistants, by application of paragraphs 1. and 2. of the previous point. In this second case, they will be obliged to carry out the functions of the window which has been mentioned before.

Article 22. Collectors and Ordinances.

1. Collectors. -Since 8 March 1980, this category has disappeared, passing the functions entrusted to it in Article 6. of the GNI to be performed by the professional category of Banking Assistant, in any of its three grades.

The staff in this category of Cobrador have been classified, since 8 March 1980, in that of the First Banking Assistant.

2. Ordinances. -Since March 8, 1980, this category disappeared, with the classification of those who integrated it as a second or third banking assistant, according to the first or second orders, respectively.

3. The functions assumed by the Banking Helpers in their three grades were those defined for the categories of Cobrators and Ordinances in Article 6. of the current GNI.

Such functions were added, from 19 May 1988, to those defined by the GNI and the Convention for Auxiliary and Administrative Officers.

The Banking Assistants have been reclassified, since 19 May 1988, in the category of Auxiliary, with recognition for their seniority in the latter category of the time they came from perceiving differences in salary. the performance of administrative functions, or the performance of such functions by a firm judgment.

However, the functions which until 19 May 1988 were for the Banking assistants will continue to be performed by the reclassified employees, as well as those for new incorporation into the administrative, and will only be carried out by the until then components of the administrative group when in the workplace where they are destined there is no reclassified or new income personnel.

Article 23. Promotions (GNI, Articles 10 and 14).

The staff promotions mentioned in this article will be produced in the following way:

I. By age:

1. The pass to Officers seconds will occur at six years of having caused high in the category of Auxiliary. The pass to the first officers will occur at six years of having accessed the officers second, by seniority, training or free designation.

This promotion scheme will not affect, for the purposes of seniority or economic purposes, those who have achieved the category of first officers (by seniority, training or free designation of the company), before 1 January. January 1971. The impact on officers seconds by seniority, training or free designation of the company will be unique and exclusively the one that follows from the previous paragraphs.

2. The Buttons will access Auxiliary at the age of twenty years.

II. By training:

The training promotion scheme will be subsisting, in accordance with the provisions of Articles 10 and 14 of the GNI.

The representation of staff in the Courts referred to in Article 10 of the GNI shall necessarily be borne by those who, in addition to the conditions laid down in that Article, have that of workers ' representatives.

III. Where a worker ascends to a category which is assigned a salary lower than that which he has in the category from which he comes, the salary of the latter shall be temporarily maintained. The difference between the two wages shall be reduced as new and in the amount of the triennial accruals and the worker receives the salary of the category to which he has been promoted, from the moment the amount of the For the purposes of this Directive, the following shall be added to the list of the following:

Article 24. Concierges Assignment (GNI, Article 19).

Janitors will have the right to housing or, in the absence of this, an annual allocation, which since the entry into force of this Convention will have the same treatment of percentage increase as in the future Article 7 of this Convention.

Consequently, the annual allocation is as follows:

Concierge Assignment: Group A. Places From 1-1-1992: 27,994. From 1-1-1993: 28,833. From 1-1-1994: 29,626. From 1-1-1995: 30.441.

Concierge Assignment: Rest of places. From 1-1-1992: 20,995. From 1-1-1993: 21.625. From 1-1-1994: 22.219. From 1-1-1995: 22,831.

Article 25. Subs intended for places in the former group E.

The content of Article 20 of the current GNI of 3 March 1950 shall be without effect.

Article 26. Guards (GNI, Article 35).

1. The full application of the arrangements laid down in Article 35 of the Regulation shall continue, with the amendments set out in the following paragraphs.

2. Guards for employees reclassified from the categories of Banking Assistant or those entered from 19 May 1988 will be voluntary. Once the guards have been accepted, the commitment must be maintained for at least one year.

3. Each employee shall be given the time when the guards he or she carries out, and who shall always be eight hours, exceed the normal working time for other workers. The employee shall have the right to be granted an additional day of rest when the time recorded is reached, by accumulation of excess, a number of hours equivalent to that of the normal day on the day when he enjoys rest, or monthly the excess of time worked is paid as overtime. The choice between the two forms of compensation identified shall be the responsibility of the worker, who shall exercise it at one time for the entire duration of the Convention.

4. The night Watchers, whose maximum day will be eight hours a day, will be paid monthly as overtime overtime worked on the normal duration of the day for other workers.

5. To the one who provides day guards on Saturday, Sunday or on a holiday, the weekly compensatory rest that, according to the law, will be granted to him on a working day and, in addition, will be paid a surcharge of 75 per 100 on the value of the hours worked in those days.

Article 27. Holiday (GNI, Article 37).

I. The staff included in this Convention shall be entitled annually to a period of paid leave of 30 calendar days. This enjoyment may be split up to three periods, the agreement between the parties being necessary for the third party. Those of the staff who enter, re-enter or cease in the course of the year, even for military service, will be proportional to the days worked within the year and will be enjoyed in the first two cases when the needs of the service permit.

The staff who serve in the Canary Islands and who enjoy their holidays on the Peninsula will have a five-day natural extension in their holiday period.

II. Holiday enjoyment period.

The working period for the enjoyment of the holidays will be between 1 March and 30 November, inclusive of each year. However, the personnel who request it, whenever the service needs allow, will be able to take their vacation in the remaining days of the year.

The holidays will not start on a public holiday, or on your day before, except for the request of the interested party.

III. Holiday paintings.

Holiday tables should be made in such a way that, unless circumstances suggest otherwise, in each of the months of March to November you will enjoy your holidays the same number of staff of the staff. of each Dependency, excluding the Chiefs and technical staff.

by dependence is defined in this paragraph as a Banking Office that any of the sections in which it is organized, must be subject to the terms of Article 37 of the GNI as to the provenance of making the Holiday chart by Bank Offices or by sections.

The staff affected by each holiday box should be able to meet you, because they are set on the bulletin board, or in any other way that facilitates their knowledge, at least two months in advance of the date. of enjoyment.

You will have a preference for the enjoyment of the holidays, saved the needs of the service, the staff with children in charge who need it in time of school holidays. If there is a match at this point, the preference will be given to the oldest in the enterprise.

For these purposes, it is understood by the time of school holidays that in each case the competent authority is available for reason of territory, and by school age the one defined by the Ministry of Education and Science as legal period of compulsory schooling. This period can be extended for up to two more years, when it is documented that this time is being used for the student to complete the cycle of EGB.

When two or more workers who intend to enjoy their holidays on the same dates, within the school holiday period, will always choose the oldest in the company, provided that the workers children of school age can enjoy them within the school holiday period and from among the latter it will take precedence over the oldest period.

In case you also have the same age, you will have a preferential right of older age.

Workers who enjoy their holidays in various periods will not have a preference to choose the second until they have chosen the first of the staff affected by the table. In the same way, the third will be carried out in relation to the second.

The preference criteria will operate within each of the following two groups:

First group: Officers and Auxiliary.

Second Group: Subalters.

The staff vacation of each of the indicated groups will be independent of those of the other.

IV. Holiday break assumptions.

If during the enjoyment of the holiday the official suffered clinical detention, with or without surgical intervention, or serious illness justified to the satisfaction of the company and notified to it within the period of twenty-four years hours, shall not be computed for holiday purposes on days that have lasted such detention or illness. In this case, the days of holiday will be enjoyed when the needs of the service permit.

V. During the period of validity of the Convention, each worker shall at the beginning of his/her annual holiday receive an amount in the form of a holiday bag, which shall have the same treatment as a percentage increase which in the future may have the remuneration of Article 7, the amount of which shall be as follows:

Holiday enjoyment period: Months of June, July, August or September. From 1-1-1992: 14,623. From 1-1-1993: 15.061. From 11-1994: 15,475. From 1-1-1995: 15,901.

Holiday enjoyment period: Months of March, April, May or October. From 1-1-1992: 23,396. From 1-1-1993: 24.097. From 1-1-1994: 24,760. From 1-1-1995: 25.441.

Holiday enjoyment period: Rest of the months. From 1-1-1992: 40,939. From 1-1-1993: 42.167. From 1-1-1994: 43,327. From 11-1995: 44,519.

The amount of the bag will be satisfied in proportion to the days of each period set in the table above in which the holiday is enjoyed.

Article 28. Licences (GNI, Article 38, paragraph 1).

1. For the purposes of applying the first paragraph of Article 38 of the current Regulation, it is agreed that undertakings shall, at the request of their employees, grant them the following paid licences, provided that they do not exceed 15 days. year:

a) By marriage of the worker himself: Fifteen days uninterrupted.

b) By marriage of ascendants, descendants or collateral to the third degree: The day the ceremony is held.

c) By baptism and first communion of descendants: Half a day corresponding to the day the ceremony is celebrated.

d) By birth of children: Two days.

e) By death of spouse: Three days.

f) For severe illness or death of relatives up to a second degree of consanguinity or affinity: Two days.

g) By move (including those within the same locality): Two days, except in the case of transfer to/or from locations outside the Peninsula, in which case the licence shall be three days.

In the cases referred to in points (d), (e) and (f), where for such reasons the worker has to make an offset which requires him to stay outside his/her locality, the licence shall be extended for up to two more days.

The marriage license shall not compute for the purposes of the limit referred to in the first subparagraph of this paragraph.

2. The working woman, in the course of delivery, will be entitled to a period of work rest of sixteen weeks uninterrupted, extended by multiple births up to eighteen weeks. The period of suspension shall be distributed to the person concerned, provided that six weeks are immediately after the birth, and may make use of the father for the care of the child in the event of the death of the mother.

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

In the case of adoption, if the adopted child is less than nine months, the suspension shall be for a maximum duration of eight weeks, counted from the court decision making the adoption. If the adopted child is under five years of age and older than nine months, the suspension shall last for a maximum of six weeks. In the event that the father and the mother work, only one of them will be able to exercise this right.

3. The workers, who are breastfeeding a child under nine months, will be entitled to one hour of absence from work, which they can divide into two fractions, being able to use one at the beginning and the other at the end of the day. This permit may be enjoyed either by the mother or by the father in case both work.

4. Those who, for reasons of legal guardian, have their direct care for a period of less than six years, shall be entitled to a reduction in the working day with the proportional reduction of the salary, between, at least one third and a maximum of half of the duration of that. In the case of a legal guardian of physical or mental decline recognised as such by social security which does not carry out paid activity, the reduction in the working day may be extended by a minimum of one hour and a maximum of half of that time.

This right may only be exercised by one of the spouses.

5. Each employee shall be entitled, per calendar year, to two days of paid leave. These days of leave will be enjoyed, once the needs of the service are saved, on the dates agreed between the management of the company and the employee to enjoy them.

Article 29. Total permanent incapacity for the usual profession (GNI, Article 39).

1. Undertakings shall satisfy workers who are in a situation of permanent incapacity for their usual occupation or permanent permanent incapacity for any occupation, from the date on which they are declared to be in one or another which, in addition to the pension which the invalid receives from the Social Security as a result of his/her banking activity, gives him a total annual perception equal to 100 per 100 of which he would correspond as if on that date he was active, application of the Convention, including family aid, and after deduction of the Social Security quota by the worker.

2. The additional amount thus determined shall not be altered as a result of the revaluations of Social Security pensions which are generally agreed upon as long as the degree of invalidity is recognised. On the other hand, if, after the recognition of a total permanent incapacity for the usual profession, there is, by revision, that of an absolute permanent incapacity for all work, the pension in charge of the undertaking will be reduced at the same level as the provision of benefits in respect of social security.

3. They shall have equal consideration for the purposes of this qualification for those over 60 years of age who are suffering from chronic illness which prevents them from attending work and who retire under the second transitional provision of the the text of the Law on Social Security, adopted by Decree 2065/1974 of 30 May.

Article 30. Death by act of service (GNI, Article 40).

1. The rules laid down in Article 40 of the Regulation shall apply without further variations than the deductions specified in paragraph 2 to cases where a worker dies as a result of the injuries sustained by him or her service, provided the following conditions are met:

(a) That between the strict provision of service and the fact of death there is an undoubted link of causality or occasionality.

b) That death-causing injuries occur:

1. Or by a fortuitous event due to an external physical agent, except in the case of a claim which by its nature or generality is not rationally refutable to the conditions under which the service is provided, or, if so, escape to the order of humanly predictable.

2. Or by acts of which he is a victim, unless he or she mediates impropriety, recklessness or non-compliance with obligations.

3. Or by acts of a third party.

2. The amount to be satisfied by the undertaking shall be that which, for all the remuneration concepts laid down in the Convention, the worker receives at the time of his death, deduced, where appropriate, the income which may be collected if the risk is covered by the compulsory insurance of accidents at work or by any system of insurance established or concluded by the undertaking. For these purposes, if the insurance would result in a capital delivery, the income shall be estimated at 6 per 100 of the capital.

Article 31. Transfers (GNI, Article 54).

The regime established in Article 54 of the National Banking Regulations remains in force, with respect to transfers of personnel, without further modifications than the following:

(a) The determination of the prelations referred to in Article 54 of the GNI shall be carried out separately within each of the professional scales, between 10 and 100 more modern in the enterprise and within this to whom suffer less harm in terms of age, marital status, number of children, studies of children, health and other similar conditions.

(b) A worker who is transferred for service needs shall have the preference to fill the vacancies in his category which, within three years, occur in the place where he was transferred.

(c) The transfer costs referred to in the penultimate paragraph of Article 54 of the Regulations shall include the movement of movable property of the worker.

d) Companies will help the worker to get housing in the square that would have been forcibly moved.

Article 32. Vacancies in the same square.

Without prejudice to the powers of organisation of work recognised by undertakings in Article 2. of the Regulations, provided that the suitability of the applicants is met, they shall take into account the voluntary requests and the circumstances of the worker's home proximity, when vacant posts are to be filled with staff who are already is destined for the square.

Article 33. Surplus and revenue (GNI, Article 57, paragraphs 2 and 4).

1. Voluntary leave shall be granted to staff with more than two years of effective service at the undertaking, for a minimum period of six months and a maximum of five years.

For the purposes of the deadlines outlined above, the time of labor interruption for the provision of military service and/or performance of public charges will be counted as an effective service.

2. Such leave may not be requested to provide services to another bank, private or official, or to competing entities or undertakings of Private Banking such as Credit Institutions, Savings Banks, Rural Banks, Financing Companies, etc. Any surplus that serves any of these entities shall lose all of its rights in the banking undertaking from which it comes.

3. The voluntary surplus to be returned shall be the first vacancy in its category in the same place where its services were paid when it was left in surplus. As long as such vacancy does not exist, it may, if it so wishes, occupy a vacancy of a lower category in the same square, provided that the undertaking agrees, or is destined for another place where there is a vacancy. of the same category.

4. The woman in a situation of leave on grounds of marriage will return to the situation of the asset, in addition to the assumptions provided for in the legislation in force, in the same place of origin, within the month following the request, when the return is founded. in the formal opening of the divorce or separation process.

Article 34. Advances and loans to staff (GNI, Article 58).

1. Upon reasoned request, any worker shall have the right to be expected, as soon as possible, for the monthly monthly payment.

2. The amount of loans to be granted by undertakings to their employees under Article 58 of the Regulation shall not exceed the amount of nine monthly payments and shall be intended to cover justified financial needs. For these purposes, the following reasons shall be understood as being of particular reason:

Marriage.

Move away from the square.

Death of spouse or children.

Works in housing in reason of impending ruin.

Divorce, separation or marriage annulment.

The cited causes, which dispense with the test of perentorage, are not exclusive, and there may be others whose perentorage, instead, must be tested.

3. The employee shall be entitled to the granting of loans, with the maximum limit of five monthly payments, in order to meet requests made for the following reasons:

Acquisition of furniture, household goods and household appliances.

Works and reforms at the employee's usual address.

Vehicle purchase on behalf of the employee. This name includes the usually named .

Medical assistance and hospital detention.

Payment of your IRPF and writing, registration, VAT and capital gains for purchase of your usual home.

Repair of vehicle breakdowns in the name of the employee, not caused by accident, and whenever the service is normally used for the company.

The employee will have to justify that the loan granted has been used for the requested purpose.

4. No new loan shall be granted for those defined in this Article as long as it is in force.

Where part of the loan granted under cover of number 3 is pending, and any of the specific causes referred to in issue 2 arise, the loan which may correspond to the new need shall be granted, with the concession, the previous balance outstanding.

5. No more than 10 per 100 of the total of the perceptions may be required.

6. The advances and loans referred to in this Article shall not be of interest, in accordance with Article 58 of the Regulation.

7. There is no incompatibility between the advances in point 1 and the loans in points 2 and 3 above.

Article 35. Uniforms (GNI, Article 61, paragraph 2).

1. All Subaltern staff will have the right to be provided annually with two pairs of shoes.

2. The fabric of the uniforms referred to in Article 61 of the Regulations shall be appropriate to the climate of the respective square. The choice of the textile and footwear genre shall be made after the hearing of the representatives of the staff.

3. Employees who come from the Bank or New Income Assistant to perform exclusively functions so far attributed to the aforementioned Banking Assistant will retain the right to be provided annually in the form of a uniform, in the form of provided for in Article 61 of the GNI and this Article.

Article 36. Allowances and commissions for services (GNI, Article 62, second and fifth paragraphs).

1. Since the entry into force of this Convention, the daily amount of the allowances referred to in Article 62 of the Regulation shall have the same treatment of percentage increase as may be paid in the future under Article 7, and shall be, at least the corresponding according to the following scale:

Diets: Chiefs and staff entitled. From 1-1-1992: 3.107. From 1-1-1993: 3.201. From 1-1-1994: 3.289. From 1-1-1995: 3,379.

Diets: Rest of the staff. From 1-1-1992: 2,576. From 1-1-1993: 2,654. From 1-1-1994: 2,726. From 1-1-1995: 2,801.

Diets: When you stay overnight at your own home. From 1-1-1992: 1,289 From 1-1-1993: 1,327. From 1-1-1994: 1.364. From 1-1-1995: 1,401.

2. During the term of the Convention the penultimate paragraph of Article 62 of the Regulations shall apply in the following terms:

Article 37. Interim staff (GNI, Rule 63).

Acting staff is understood to be employed to replace workers with the right to reserve the job, provided that the name of the replacement and the cause of the job is specified in the employment contract. substitution.

Interim staff may not remain in such a situation for longer than three years, with periods served intermittently over the course of six consecutive years.

Acting staff serving in the same banking company for three years shall be entitled to a restricted examination to be included in the firm's template on a fixed basis, if it exceeds it.

Article 38. Box differences.

1. Undertakings may move to the immediate category lower than the worker who in the course of a year incurs ten faults, in the understanding of such effects, the errors or differences in more or less than 1 000 pesetas inclusive.

2. From the previous rule, the administrative authorities which until 19 May 1988 were not required to carry out charges and payments in the window are exempt, in accordance with paragraph 3. of Article 21 (1) of the Convention, assume those functions, or are designated to perform them.

Article 39. Day and time.

1. The maximum working day for the sector, in annual computation, will be 1,750 hours for 1992 and 1993, 1,739 for 1994 and 1,728 for 1-1 in 1995; hours for all of them in which the 15 minutes of work are calculated as effective compulsory rest as referred to in Law 4/1983 of 29 June. The maximum working day will be fulfilled according to the working hours and schedules of the staff defined in this article and the regulations of general application.

2.

The currently set rolling schedule is maintained, which will be as follows:

Monday to Friday: Eight to fifteen hours, in which the fifteen minutes of compulsory rest referred to in Law 4/1983 are calculated as effective work.

Saturdays: Eight to thirteen thirty hours, in which the fifteen minutes of compulsory rest referred to in Law 4/1983 are calculated as effective work.

Book of Saturdays from June 1 to September 30 each year. From 1-1-1995, the book is agreed to four Saturdays more per year. These four Saturdays of bookkeeping shall be the working days immediately preceding 1 June. Exceptionally in 1994, the Saturdays will be held on 1 and 8 October.

3. Alternatively, the following match schedule is set:

Monday to Thursday: Eight to seventeen hours, with an hour's lunch break.

Friday: Eight to fifteen hours, in which the fifteen minutes of compulsory rest referred to in Law 4/1983 are calculated as effective work.

From 15-6 to 15-9 of 1992 and 1993. Since 1995 from 23-5 to 30-9 and exceptionally for 1994 from 15-6 to 5-10:

Monday to Friday: Eight to fifteen hours, in which the fifteen minutes of compulsory rest referred to in Law 4/1983 are calculated as effective work.

Every Saturday of the year.

The match schedule will be voluntary and will be offered by each company to the employees it deems appropriate. The acceptances received may not be applied in more than 25 per 100 of the work centres of each company, nor shall it be more than 25 per 100 of the employees of each bank. The AEB shall communicate to the trade unions which are signatories to the Convention the centres affected by the timetable which are defined here and the nominal relations of the employees concerned at each centre, as the new timetables are implemented, as well as their modifications.

To employees who perform the schedule defined at this point in work centers located in municipalities of more than 50,000 inhabitants, they will be paid for each day in which they effectively meet the said timetable. The following amounts are given in the form of food aid:

Concept: Food Aid. From 1-1-1992: 642. From 1-1-1993: 642. From 1-6-1994: 800. From 1-1-1995: 822.

4. Companies may set schedules, whether continued or not, different for the management and auxiliary staff (including the drivers) in the minimum required, and for the production staff (Managers and Visitors), as well as adjusting the schedule (a) public service and, therefore, the minimum number of staff required to provide it, to which other non-banking institutions of the same function have other entities or establishments.

Subsystems the shift system applicable to mechanized services.

5. Workers with special days of shorter duration than normal will keep them with the same duration as they are today only if those days are less than seven hours, and they will have the right to enter the job at the same time. the same time as the rest of the staff, since the anticipated departure is considered as a condition of more beneficial right.

6. Exceptionally, on the working days which in each case integrate the calendar week in which each locality celebrates its annual annual Party, the working day shall be four hours of effective work, and when in certain localities the days of Actual celebrations do not coincide with those of the week before defined, the variations necessary to achieve this coincidence may be made, provided that the same assumes the same number of working days of reduced time as they would have been the natural week. For these variations it will always be necessary prior formal agreement of the Joint Commission.

Article 40. Retirement.

1. The staff entered in the undertaking before 8 March 1980 and who are active on the date of entry into force of this collective agreement may be retired at their own request or by decision of the undertaking, from the moment when the 60 and five years of age, with the economic performance in charge of the company that is indicated below.

2. Staff entered in the undertaking before 8 March 1980 and who are active on the date of entry into force of this collective agreement, from the moment they are sixty years of age and have 40 or more years of service cash in the profession, will be able to retire at his or her own request, perceiving the economic performance in charge of the company that is indicated below.

3. The staff entered in the undertaking before 8 March 1980 and who are active on the date of entry into force of this collective agreement, from the moment they are sixty years of age, even if they do not have 40 years of effective service in the company, may be retired by mutual agreement with the same, with the economic benefit in charge of this one that is indicated below.

4. The provision by the undertaking, which shall be met in accordance with the conditions laid down in the Convention, shall be determined by applying the percentage PE of the formula set out below on the perceptions laid down in the Convention. collective, calculated on an annual basis to the date of the retirement of each employee.

Formula:

(A (SNA-SS)-(B x Sumatorio BC/84 x 12)) x 100 = PE

A= Sixty-five years ...

100 per 100

Sixty-sixty-four years with forty service ...

95 per 100

Sixty-sixty-four years without forty service ...

90 per 100

B= Sixty-five years ...

100 per 100

Sixty-four years ...

92 per 100

Sixty-three years ...

84 per 100

Sixty-two years ...

76 per 100

Sixty-one years ...

68 per 100

Sixty years ...

60 per 100

SNA= Nominal salary of Convention to 31-12-1987, annualised, as if at that date each employee was completed sixty, sixty-one, sixty-two, sixty-three, sixty-three, sixty-four or sixty-five years of age, counting on (a) the rate of increases which, by application and in the amounts of the Convention in force on 31 December 1987, would correspond both to the maturity of the three-year period and to the increase in the number of the ages mentioned.

SS= Cost of Social Security in charge of the employee at 31-12-1987, annualised, calculated taking into account the rate group and the remuneration that would correspond to each of the retirement ages discussed in the Preceding paragraph (SNA).

SumatorioBC= Sum of employee quotation bases (period 1-1-1981 to 31-12-1987). To determine the basis of contributions in the legally established form, these effects shall be calculated in accordance with the provisions of paragraph (SNA), calculated on the basis of the salary tables in force in each of the years reference, if such assets do not reach the price ceiling for each applicable tariff group in each case and for each of the years computed. If such remuneration exceeded the above ceilings, the existing ceilings would be calculated as a basis for the existing ceilings for each year. The bases thus determined, corresponding to the period 1-1-1981 to 31-12-1985, are indexed in accordance with the transitional provision third, number 1, letter C, in the form provided for in Article 3., point 1, rule 2, of Law 26/1985, of 31 July.

PE= Percentage of economic benefit in charge of enterprise.

(B x Sumatorio BC/84 x 12) = The maximum applicable value of this expression will be 2.631.300 (187.950 x 14), corresponding to the Social Security retirement preretirement cap.

5. Exceptionally, staff entered in the undertaking before 8 March 1980 who are active in the entry into force of this Convention and who are in their fifties and four or more years of age on 19 May 1988 shall continue to be the scheme of supplementary retirement benefits laid down in the collective agreement concluded on 26 March 1984, instead of the one set out in point 4 above.

6. The staff employed by the companies as from 8 March 1980 will be entitled to their retirement only if they are entitled to the general legislation applicable to them at the time.

The content of the preceding paragraph shall not affect staff who change their business and have an effective employment relationship with any person falling within the scope of this Convention as at 31 December 1979.

The accreditation of this last circumstance, which will always correspond to the worker, will grant you the rights included in the first five numbers of this article.

Article 41. Vudedad and orphanage.

a) Widess:

1. A supplementary pension is established in favour of the widowers of workers who have died-in active or in retirement-as of 1969.

2. The amount of the widow's pension is complementary to that corresponding to the General Social Security Scheme, and the sum of both amounts must be equal to 50 per 100 of the base determined in the following paragraph.

3. The basis for the calculation of the widow's pension shall be the total number of perceptions of the deceased, deducted from the contributions to his Social Security charge, at the time of death, arising from the application of the Convention, including family assistance.

In the event that the deceased is in a retirement situation, the monthly basis will be determined by the retirement pension that he or she will receive from the Social Security, plus, if applicable, the benefit that for the same concept (i) the company.

4. To be considered beneficiaries of this pension you will need to:

-That the widower meets the conditions required in the General Social Security Regime.

-However, the widowers who have not been forty years old and do not have children will enjoy the benefits indicated and with the same requirements.

5. The supplementary pension shall be automatically extinguished if the widow's pension is no longer received and the widow's pension which is the subject of the social security scheme is extinguished.

b) Orphanage:

1. A supplementary pension is hereby established in the case of orphans produced from 1969, which shall be 20 or 30 per 100 (the latter percentage in the case of total orphan's) on the basis of which they will be determined in the same way as in the cases of vudedad.

2. The supplementary pension pension thus established shall be applied for each of the children who fulfil the requirements of the Social Security Act and supplementary provisions.

3. Where the orphan is qualified as a mentally handicapped person, in accordance with the provisions in force, the benefit shall be extended until recovery, irrespective of age.

c) Limitation for these supplementary pensions:

The accumulation of pension supplements by widower and orphan may in no case exceed 100 per 100 of the perceptions of the deceased at the time of death resulting from the application of the Convention, whether or not was active as a retiree.

Article 42.

Housing.

1. Companies which, in accordance with the provisions in force, have rented housing to their employees, the employment relationship being the determining factor of the lease, will not promote the eviction of the tenants by permanent and final cessation of the employment relationship in the following cases:

(a) In the case of death of the worker as long as the widow lives without getting new nuptials.

(b) In the same case referred to in the preceding paragraph if there is no widow, but if children under age, for a period of three years or until the children reach the age of majority, if this is done before the deadline.

(c) In the case of retirement, as long as the retiree lives, provided that he has no other employment or employment relationship, and once deceased, while living the widow without contracting new nuptials.

2. The provisions of the preceding paragraph shall not apply in the case of housing whose occupation by the workers is more responsive than to the employment status of the workers concerned (the case of Conserjes and Directivos).

3. Undertakings, having regard to the exceptional and urgent nature of the situations referred to in this paragraph, shall comply with requests for loans for the purchase of dwellings which may be made by workers who have to vacate their homes. that they are tenants, provided that this is due to the causes. and 2. derogation from the extension laid down in Article 62 of the current Urban Leases Act. They shall also preferably address the requests of those who have the right to seek or retract the housing for which they are tenants and those who are forced to be moved, in accordance with Article 54 of the Regulations.

The maximum repayment term for loans will be fifteen years, and in no case will they be higher than 5,000,000 pesetas. The annual interest rate for the operations formalised from 1 June 1994 shall be:

-For the first 800,000 pesetas: 3 per 100.

-For the stretch between 800,001 and 1,750,000 pesetas: 8 per 100.

-For the span between 1.750,001 and 5,000,000 pesetas: 9 per 100.

In loans of more than 200 000 pesetas, the minimum term for repayment shall be six years.

4. For the acquisition of first dwelling, or change from the one for the sale of the former, the companies will grant loans under the same conditions of amount, depreciation and interest indicated, allocating to it each year the amount in pesetas resulting from multiply the number of workers constituting the template as at 31 December of the year preceding the date of the request, for each of the amounts listed below:

Concept: Annual Endowment per employee. From 1-1-1992: 26,750. From 1-1-1993: 26,750. From 1-1-1994: 31,260. From 1-1-1995: 32.120.

If the grants of these loans do not total the calculated figure, the difference will not be accumulated for the following year.

Article 43. Assimilation into several trades.

1. The staff of printing, electricians, mechanics, etc., whose employment relationship with a banking company had been governed until the Fourth Collective Agreement of Private Banking of 1965 by Regulation other than the one the Banca had, will continue to be governed by (a) what is specified in it for the staff called miscellaneous trades, except in respect of working hours and working hours, which shall be the same as they had before this Convention.

2. The drivers shall, for economic purposes, be treated as officers of several trades. The gratification of Article 25 of the GNI in the amount to be collected shall be deemed to be absorbed.

Article 44. School aid.

It is recommended that companies not currently have the study and establishment of some system of scholarships or school aid for the children of their workers.

Article 45. Exam courts.

The absolute equalization of the powers and obligations of all members of the exam courts is ratified.

Article 46. Test period.

In accordance with the provisions of the legislation in force, a probationary period may be established in the working relationship with the staff, provided that it is written in writing.

Article 47. Productivity.

The parties to this Convention share and assume concern to improve the productivity of the sector.

Article 48.

Absenteeism.

The signatories recognize the serious problem that for our society implies absenteeism and understand that its reduction implies, both an increase of the presence of the worker in the job, and the correct the organisation of enterprise medicine and social security, together with appropriate safety, hygiene and working conditions, in order to ensure effective protection of the physical and mental health of workers.

Consequently agree:

1. By way of derogation from Article 41 of the GNI in absences to work on the basis of sickness, staff shall cease to be paid:

-In the first three days of absence, 20 per 100 of the daily wage.

-From the fourth to the tenth day, both inclusive, 10 per 100 of the said remuneration.

2. Where the disease situation lasts for more than 15 uninterrupted days, full remuneration shall be payable from the first day of absence.

3. In relation to the content of the first paragraph of this Article, it is understood by daily remuneration that the amount of the perceptions which normally corresponds to the worker concerned in the month in which the absence occurs, with the exception of the The following concepts:

-Plus assistance and punctuality.

-Plus stimulus to production.

-Plus convention for quality of work.

-Plus machines.

-Article 21 (1), fifth subparagraph, paragraph 1.

-Add to new functions.

4. Of the disease situations mentioned, the absence of the absences originated by:

-Hospitalization.

-Surgical intervention.

-maternity break.

5. With the amounts left to be paid for the absences referred to in point 1 of this Article, a fund shall be set up for each calendar year in each undertaking which shall be used to supplement the perceptions of sick workers during the period second and third year of sickness, so that his remuneration reaches the whole of that which he or she would be in active condition.

With the excess, if any, a death allowance would be met, which would be the quotient of dividing the total amount of such excess among the number of employees who, belonging to the active workforce, had passed away in the the same calendar year as it is computed, with a maximum limit for the deceased of 250,000 pesetas. This allowance, with the exception of the express designation of each employee, shall be paid by the spouse, in his absence, by his/her children, in the absence of one and others, by his/her parents, and in the absence of all of the above, who are their legal heirs.

If once satisfied all the subsidies produced in the calendar year, the total amount to be distributed would not have been exhausted, the remnant would accumulate from year to year.

After the first year of validity of the Convention, the Joint Interpretive Commission may study and decide on other applications for this fund.

Article 49. Change of job due to pregnancy.

When the work carried out by an Encyclical woman can endanger the pregnancy, according to the optional prescription, she will have the right to be assigned a new job in the right conditions, without reduction of the salary, returning the previous post after the end of the situation.

Article 50. Assimilation Of Health Technical Helpers.

Technical Staff Assistants for staff who provide services in places classified in Groups A and B shall be treated in the same way as Head of 6. of the corresponding group. In the rest of the squares, the salary assimilation will be done with the category of Officer first. In any event, the remuneration shall be collected in proportion to the working day.

Article 51. Salary assimilation of first officers.

Since 1 January 1994, the first officers, with twenty-six years of service on the administrative scale, are on the basis of the category of Head of 5. group C, by the perception of the difference in salaries between the two categories.

Article 52. Income age.

The minimum income age in Banking for all categories will be sixteen years.

Article 53. Managers and Visitors.

The functions entrusted in the GNI to Managers and Visitators will be added to the

defined for the Officers and Auxiliary by such legal text and by the Collective Agreement. These tasks shall be carried out by voluntary staff, provided that they meet the necessary conditions of suitability, determined in the exercise of the powers recognised in Article 2. of the GNI. Only where these suitability functions are not given will the designation of non-voluntary personnel be used. Employees who are appointed by the company to carry out these tasks will receive training courses which are considered relevant.

The officers and auxiliaries referred to in the preceding paragraph shall receive, from the date of entry into force of the Convention, a monthly supplement in the amount shown below:

Concept: Add-on of Managers and Visitators. From 1-1-1992: 9,781. From 1-1-1993: 10.075. From 1-1-1994: 10.804. From 1-1-1995: 11.101.

This amount will be paid as follows:

(a) The 25 per 100 of this amount shall be charged for its mere designation.

(b) The remainder shall be satisfied as long as they perform such functions, and in proportion to the days of the month in which they are in effect, even if it is not the full day.

Staff who are in a situation of temporary incapacity for work or enjoy a statutory holiday will have the right to receive such gratification as long as they remain in these situations. In the event that the amount received for such a concept is not equal every month, the average of the six months prior to the incapacity or the initiation of holidays will be computed for these purposes. In the event of temporary incapacity for work, the perception of this gratification shall be in accordance with the arrangements laid down in Article 41 of the GNI.

The expressed management functions may no longer be made by decision of either party, with a minimum notice of thirty days, ceasing in the perception of the supplement.

The service time of Managers and Visitators functions will be taken into account as merit, for promotion purposes and professional promotions.

Managers and Visitators currently ranked as Chiefs of 5. C, as long as they carry out those tasks, they shall receive, at least and from the date of entry into force of the Convention, the same remuneration as if they were first officers, with the consequent supplement established here.

Additional clause first.

For the purposes of compliance with the provisions of Royal Decree 46/1984 of 4 January, in relation to the overtime referred to in paragraphs (b) and (c) of Article 17 of this Convention, they shall be read as Structural Funds to cover:

1. Maintenance.

2. Changes in turn to those of a structural nature derived from the nature of the work concerned.

3. Unforeseen absences.

4. Peak periods of production, which will be:

-Preparation of banknotes for remittances to the Banco de España.

-Annual closing jobs.

-Fairs and markets.

-Accumulation of maturities in centralized services.

-Technological changes.

-Lace reduction by unforeseen accumulation.

-Liquidations and interest payments on client deposits, in those offices where there is no teleprocess or similar technique for this.

-Others of identical nature.

Only those defined in this clause will be considered as structural hours when they signify a real alteration of the work in the departments or job centers where they are performed, provided that their replacement by temporary or part-time contracts provided for in the law, provided that they are notified jointly by the employees ' representatives and the company to the labour authority.

Additional clause second.

The Spanish Private Banking Association will be able to negotiate with each of the Central Trade Unions, which will have sufficient legitimacy to request it, the terms of the exercise of its trade union action in the field of application of this Convention.

Additional clause third.

At the request of the Central or Trade Unions which subscribe to this Convention, the undertakings of more than 250 workers falling within its scope shall be deducted from the monthly payroll of their employees affiliated to the said Convention. Central or Trade Unions, and upon request, the amount of the corresponding trade union fee.

The worker interested in carrying out such an operation shall forward to the management of the undertaking a letter in which the discount order, the Central or the Union to which it belongs, the amount of the quota, shall be clearly expressed. as the number of the savings bank account or bank account to which that amount must be transferred. The undertakings shall carry out the following measures, unless otherwise specified, for periods of one year.

The company's management will submit a copy of the transfer to the union representation in the company, if any.

Additional clause fourth.

The parties to this Convention, in the face of the increasing implementation of computer technology, whose correct use both productivity and even the comfort of work, express their intention that These techniques do not lead to the contrary effects of the intended use of poor use. In this respect, particular attention shall be paid to the safety and hygiene aspects which the technical specifications may offer, including ophthalmology.

Additional clause fifth.

The signatory parties assume and adhere to the full content of the National Continuing Training Agreement of 16 December 1992, stating that it will develop its effects on the functional scope of this collective agreement.

It is agreed to constitute the Sectoral Joint Commission with the functions set out in that Agreement.

Final disposition first.

With the same term of validity of the Convention, a Commission shall be constituted with the specific task of knowing and deciding on how many questions of interpretation as to the provisions of the Convention are formally submitted to it.

This Commission shall be composed of a maximum of 12 members, each of which shall designate a maximum of six; at least two of the members appointed by each party shall have belonged to the Commission. Negotiator of the Convention.

Within 30 days of its establishment, the Commission will adopt its own Rules of Procedure, in which, among other things, it will regulate with the utmost precision everything concerning the secretariat, calls and meetings.

Final disposition second.

During the first quarter of 1995, three study and negotiation commissions will be formed, among the parties that subscribe to this collective agreement, whose contents will be the following: , functions > and ; their first task will be to draft their respective regulations and establish the necessary means, both human and material, to develop their work. The conclusions reached by these Commissions will be elevated to the Negotiating Commission of the 17th Collective Banking Convention.