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Resolution Of 3 November 1993, Of The General Directorate Of Labour, By Which Registration Is Available In The Registration And Publication Of The Text Of The Agreement For The Regulation Of Labour Relations In The Port Sector Ii.

Original Language Title: Resolución de 3 de noviembre de 1993, de la Dirección General de Trabajo, por la que se dispone la inscripción en el Registro y publicación del texto del II Acuerdo para la Regulación de las Relaciones Laborales en el Sector Portuario.

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TEXT

Having regard to the text of the II Agreement for the Regulation of Industrial Relations in the Portuguese Sector, which was signed dated October 18, 1993, by the Central Trade Union of the Portuguese Workers and the General Union of Workers, representing the affected labor group, and by those appointed by the National Association of Estimating and Consignatary Companies (ANESCO), as well as by those of the State Societies of Estiba and Desestiba of the Spanish Ports, representing the entrepreneurs of the sector, and of conformity with the provisions of Article 90 (2) and (3) of Law 8/1980 of 10 March of the Staff Regulations and of Royal Decree 1040/1981 of 22 May 1981 on the registration and deposit of collective labour

,

This Work General Address agrees:

First. -Order the registration of the said 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, 3 November 1993. -Director General, Soledad Cordova Garrido.

AGREEMENT FOR THE REGULATION OF INDUSTRIAL RELATIONS IN THE PORT SECTOR

Article 1. Territorial scope. This Agreement applies in the service areas of the ports of the entire Spanish territory to the industrial relations of the companies and workers included in their personal field.

Art. 2. Personal scope. -1. It shall affect, as undertakings, the State Societies of Estiba formed or constituted under the Royal Decree-Law 2/1986, to the companies which constitute themselves in the autonomous field with equal function, and to the holding companies which have in charge of the management of the stowage and esestiba service.

2. As workers, it will affect all the port stowers hired by the State Societies, under the Special Labor Relationship regime, or by the Storing Companies, under the Common Labor Relationship regime.

3. It shall also affect undertakings and workers who, under any scheme, perform in the physical space of the port activities which, without being of public service, are related to the transit of goods, such as delivery and reception, when such activities are included in the functional scope of the Conventions under the scope of this Agreement. All of this in respect to the numbering of activities included in the respective Collective Agreements, except for a pact to the contrary.

4. On the other hand, and within the meaning of Article 83.3 of the Staff Regulations, it shall apply in the lower territorial areas in so many matters as may have been addressed in this Agreement.

Art. 3. Scope of application.-In the lower territorial conventions, the parties to this Agreement, which are entitled to the scope in question, may define the most appropriate functional or territorial areas, with the aim of to provide maximum occupational capacity to the workers concerned, although they will have to maintain the personal scope referred to in the previous Article.

In any case, they will be included as activities covered by this Agreement, and in order to enable the competitiveness of the services, the complementary delivery and reception; filling and emptying of containers and consolidation and deconsolidation of goods, provided that they are carried out in the port. In the lower-level collective agreements, the working conditions of the staff involved in these operations shall be regulated.

The parties undertake not to negotiate Collective Agreements or covenants of any territorial nature under this Agreement that modify the personal scope provided for in Article 2. all the dockers of the port concerned.

Failure to comply with the provisions of the preceding paragraph is contrary to the joint agreement within the meaning of Article 83.3 of the Workers ' Statute. In this respect, the provisions of Articles 2 and 3 are matters reserved for the State in the present Agreement.

In the cases of non-compliance with the obligations set out in the preceding paragraphs, the parties agree to the nullity of the agreement against the provisions of this Agreement.

Art. 4. Concurrency. -The matters covered by this Agreement which do not have an express reference to the lower-level collective agreements, may not be the subject of negotiation in such areas, and the intervening parties must, in any event, be limited to Its full reproduction or development is necessary for its effective implementation.

In the case of referral, the parties will also not be able to violate the criteria established in the various matters with their agreements.

The subjects which are reserved for study and negotiation at sectoral level will also not be subject to the lower Convention.

Art. 5. Temporary scope. This Agreement shall enter into force on 1 November 1993, and shall be valid for five years, except in those matters which expressly provide for a further period.

Any of the signatories will be able to report it two months in advance of their expiration, or of any of their extensions. Notwithstanding the foregoing, it will continue to be in force, even denounced, until it is replaced by another Agreement. The provisions of a given duration are excepted from the foregoing.

Art. 6. Staff structure.-In order to achieve a fair share of the effective employment of workers falling within the scope of this Agreement, they must be negotiated in the Collective Agreements at the same time. (a) the lower territorial scope, the precise arrangements in order to achieve, before the five-year period, the optimum level of employment in the respective ports.

In this regard, the Collective Agreements referred to above shall take into account the following stipulations:

(a) The optimal level of employment of the dockers subject to special employment, 85 per 100 of the conventional maximum day, computed at the port level, annually, and the usual performance. In this respect, the day before, it will be a maximum of 228 shifts per year on a day of eight hours and 274 on a six-hour day.

(b) In order to determine the level of occupation, in order to establish the optimum level of employment, shifts worked to normal performance shall be taken into account, with the application of the polyvalence and mobility agreed upon in this Agreement. If the port is not present in the port, it shall be computed-in the port operations carried out-the working time at the usual performance within the shift, whichever is the name or the computation of the port. Port-specific regulations give the time contracted.

The computation will be performed annually by port, and, in attention to the work of the dockers with special working relationship in active. The periods of leave or days not carried out by the causes of suspension of the contract of employment shall be deducted, without exceeding 5 per 100 per year.

(c) The signatory parties undertake to facilitate functional mobility within the professional groups to be established, in accordance with the outcome of the negotiations provided for in Article 10 of this Agreement.

When the rotation lists of each professional group are exhausted in one day, the polyvalence and functional mobility between groups will be implemented, with the special work relationship being preferred in the case of dubbing, with the only one limitation of professional training.

(d) For the purposes of determining the level of employment, the unification of the various lists of activity which may exist at each port shall be established on a basis, taking into account that the appointment to the performance of the activity will be, in any case, conditioned by the vocational training of the workers concerned.

In the Port Conventions, the necessary agreements shall be adopted to achieve the objectives set out in the preceding paragraph, within a maximum of one year after the entry into force of this Agreement, and shall be implemented. the precise training plans to match the conditions of employment of the integrated workers in the unified lists.

(e) Non-compliance by the State Companies and Companies of the training plan agreed to achieve the objectives of polyvalence and mobility referred to above, will involve the suspension, in the corresponding port, of the measures provided for in paragraphs (b), (c) and (d) above.

(f) Before 1 December 1993, the parties agree that they will be reduced, overall in each Port and whenever technically possible, the work equipment as a percentage as that resulting from the reduction of the as a result of the implementation of the Employment Plan set out in the final provision first.

In the ports where the employment plan is not reduced, the parties undertake, before 1 December 1993, a reduction in the work equipment set up in a specific study of each of the Member States. operations.

The Parties will negotiate at the State level and for the entire Ports, the following points:

1. Determination of the functional scope to be negotiated in each Port, resolving any discrepancies that occur taking into account the definition of this scope included in this Agreement.

2. Measures for the disappearance of the intrusive in the harbour tasks. In any event, the legal representatives of the workers or the State-owned companies when they appreciate the actual existence of port tasks, whether public or complementary, carried out by non-dockers, shall be directed to the authority port and it is, verified the infraction, will suspend the work of the intruders.

If the situation persists, the port authority will, by means of a well-founded resolution, suspend the activities on the ship or work zone, imposing the sanctions that they will carry out. The port authority shall communicate to the undertakings and representatives of the employees the responsible for the inspection function referred to in the preceding paragraph, which shall cover the entire working day of the port.

3. The measures referred to in paragraph 1 above and once the port authorities have specified those responsible for implementing the provisions of paragraph 2 and with effect from 31 December 1995, it is established that the composition of the equipment of the work and the machinery to be used in the various port operations of stowage, load-unloading, transshipment and any other operation shall be determined by each Storing Company in the exercise of its powers of organization of the and in the light of the characteristics of each of these operations.

With the same date, all of the lower-scope Collective Agreements have no effect on all the arrangements for the composition of work equipment or minimum or mandatory hands.

In the Collective Agreements which are negotiated from the entry into force of this Agreement, it may be agreed upon this matter without prejudice to the understanding that the general principle is the content in the first paragraph of this Agreement. paragraph.

g) The organisations which are signatories to the Employment Plan will undertake to approve the necessary temporary regulation (suspension of contracts) files up to the optimum level of employment. To this end, the gap between the real and the optimum level of employment must be credited annually and effectively, giving an account of the workers ' representation of the temporary regulations consumed. In order to avoid discrimination, the dossiers must affect all workers who are subject to special employment relationships, distributing the suspension days between themselves. In order to alleviate the possible economic consequences which such temporary regulation files may entail for workers, the undertakings undertake to supplement the unemployment benefit which such workers must receive. up to the amount of the salary set out in Article 9.3.d) of this Agreement.

(h) The parties to this Agreement shall determine the personal income required in each State Company on a proposal from them. The recruitment shall be made, where appropriate, by any of the legal procedures laid down in law.

In accordance with the provisions of the current Article 9. of Decree-Law 2/1986, workers of the State Societies, provided that they meet the requirements and training required to fill the vacancies that are to be revoked, will take precedence in order of seniority, in order to cover the job offers (a) to be produced in any of the State Societies, in respect of the workers registered in the Special Register of Portuguese Workers of the National Employment Institute corresponding to the port where the offer of employment.

Art. 7. Suspension of the special employment relationship. -1. The port docker suspending the special employment relationship, for initiating a common employment relationship with an undertaking affected by this Agreement, shall retain the economic rights of seniority in the State Company prior to the date of suspension.

In the event that the special employment relationship for any of the causes foreseen in Royal Decree-Law 2/1986 will be resumed, the docker will be reintegrated into the State Society by the application of the working conditions and the the economic rights of the employees of the latter, and of the same professional group.

2. The working time provided under the common working relationship regime with suspension of the Special, will be computed for the purpose of seniority by the State Society.

Art. 8. Procedure for the incorporation of workers with a common employment relationship.-The requests of workers to integrate them into the templates of the Estimating Enterprises will be made by them in an unnominated form and through the corresponding application. The State Company will facilitate the relationship of workers who opt for that offer, and the Company will choose freely between them.

It will apply what the current regulations set out in this regard.

Art. 9. Working conditions. -1. Working time management:

(a) The working day will be provided for in the lower-level collective agreements depending on the length of their shifts.

b) Given the irregularity in the provision of work in the port, the control and computation of the day or shifts shall be carried out annually for each worker.

c) The maximum duration limits and legal breaks between days and the weekly will be safeguarded in the organization of the day.

d) It is generally prohibited for the same worker to take two shifts on the same day when there is another one who, being able to carry out such activity, has not had an effective occupation on the day, unless it was the rest of the rest. regulatory.

e) Special employment relationship dockers shall maintain full availability for their occupation in accordance with work shifts, appointment system and days to be established in the Collective Collective Agreements. less.

The determination of rest days will be agreed upon in the Collective Agreements of ports, in order to make the availability and demand in the service provision compatible with the right to the prior determination of rest.

Special employment relationship dockers are required to provide services for public holidays that are not excluded by the Collective Agreement.

f) The organisation of the work corresponds to the stylized enterprises. To this end, and for workers of the common employment relationship, they shall, at least with a weekly advance, indicate the two-day break, the maximum number of shifts being fixed at twenty-two monthly, with respect to the weekly rest. Every Friday morning, unless otherwise agreed in the Port Convention, the Company will notify both the worker and the State Society, the rest of the two days (of which one and a half, at least, will be consecutive). next week, understanding that the week starts on Monday.

(g) Companies will be able to engage workers with effective work, both in terms of their working relationship and in particular, throughout the working day when carrying out port activities, whether or not the public service, provided that the start of the new operational has resulted in the completion of the previous one.

2. Holidays:

(a) The dockers, both linked by common employment relationship and by special employment relationship, will enjoy thirty days paid annual leave. The holidays, unless otherwise agreed in Collective Agreement, shall be paid in accordance with the average of what the worker has obtained during the last twelve months, in ordinary day and due to monthly accruals.

b) In the lower-level collective agreements, the arrangements or systems for the enjoyment of the holidays will be regulated, in any case adapted to the characteristics of each port, with certain periods of the year as holiday periods for the foreseeable activity.

(c) The parties agree that the State Society will receive the proposals of the Companies on the organization of the holidays of the workers of the common employment relationship and, by virtue of the consideration of the single collective of the Workers at the service of the port operating, will establish the annual holiday table of all the harbour dockers.

The state society, in view of the petitions received, will resolve to the benefit of the public service.

d) Unless otherwise agreed, in the Collective Convention of the scope of each port, the enjoyment of the holidays will be carried out only once, and will be started on the 1 day of the corresponding month.

3. Wages: In the lower-level collective agreements, the wage structure will be established according to the following criteria:

a) A base or minimum salary per group or category shall be established.

(b) Estimators shall receive at least two extraordinary annual payments in the months of July and December. The amount shall be determined in the lower-level collective agreements.

(c) It may be established for the calculation of each worker's salary systems of premiums or incentives on the basis of the amount or quality of work actually carried out, as well as other salary supplements, and guaranteed minimum wage.

The premium or incentive systems must necessarily be in line with the composition of the new work teams.

(d) The wage structure must provide, by way of guarantee, the remuneration formula for the days in which the worker has no effective occupation and the system of pay for breaks and holidays.

e) However, minimum monthly wages guaranteed by all concepts may be established, with companies committing themselves to ensuring such wages. By reaching the minimum guaranteed monthly salary, the workers will maintain all the obligations of the docker function and, in particular, that of going to the list.

Art. 10. Professional classification.

10.1 Within three months of the signing of this agreement, the parties shall develop the system of professional classification on the basis of the following criteria:

10.1.1 Functions will be grouped into four professional groups:

Professional Group IV: It will include the professional categories that demand the performance of highly qualified jobs with a high degree of autonomy, coordination of professional teams and advisory functions.

Professional Group III: Will complete all the functions of the control of the goods.

Professional Group II: Englobara mechanical functions and performance of qualified jobs with the responsibility of the mechanical means employed.

Professional Group I: Group for the realization of manual functions that require elementary knowledge and little initiative.

10.1.2 The professional classification and the systems for the promotion will correspond exclusively to the State Society, not being able to any worker of common employment relationship to perform functions other than the corresponding to the professional group to which you belong.

The application of the multipurpose of work is excepted in the terms provided for in the Collective Agreement of the port. In the event that a worker of a common employment relationship has access to a higher professional group and there is no job of that group in the Company where he/she is providing services, he/she will be able to agree to join the State Society or to another Stestibative Company which requires workers with such qualifications.

10.1.3 In any case, and as long as the undersigned parties negotiate-which they will have to do within two months of the signing of this agreement-the systems for the promotion and determination of the professional classification, the following criteria apply:

(a) The system shall guarantee in each port the full equality of opportunities for the dockers subject to special or common employment relationships to access all promotions and promotions that are carried out in the field of the same.

The training offers will be published in the bulletin board of the State Society and the Storing Companies and communicated to the representation of the workers in the respective Entities, and will have access, prior to the (a) the selection of all employees, irrespective of the professional category which they hold within each professional group, without prejudice to the criteria of preference which are agreed.

(b) In each port, the professional body responsible for the professionalism required for the promotion shall be unique and shall have the participation of the representatives of the workers and the holding companies and shall be chaired by the representative. name of the state company.

c) Specialties will be accredited by the completion of the corresponding training or training courses before the State Society, which will carry the corresponding lists of specialties, with the participation of the representation of workers. Acts of registration or refusal may be the subject of an appeal to the social jurisdiction.

(d) Until the table of professional groups, functions and specialties is approved, the current categories will be maintained, and only by agreement of the Joint Committee will the promotions be authorized during this transitional period.

(e) The promotions or reclassifications of the common working relationship workers shall be carried out in accordance with the criteria and system provided for above, and may in no case affect the allocation of the work and the appointments of the employees of the special employment relationship.

10.2 On a transitional basis, and as soon as the parties to this agreement do not draw up a classification by professional groups, in order to give the maximum effective occupation to the port dockers special employment relationship, functional mobility between different categories shall have the limits of professional competence and dignity provided for in the Staff Regulations and the assignment on board or on the ground of work, in accordance with the rules agreed in the territorial scope of application.

Art. 11. Professional training.-The signatories assume the full content of the National Agreement on Continuing Training of 16 December 1992, stating that it will develop its effects in the functional field of this Agreement.

In any case, the training program presented to the Foundation for Continuing Training will be reviewed and developed by each of the State Societies during the next month of November for their adaptation to the needs training in each of them, and on the basis of the funding available.

Art. 12. Safety and hygiene. -In the course of this Agreement, the parties will examine the problems of safety and hygiene in the port work by means of a Joint Committee which will have to draw up its conclusions on the matter to the Council. Joint Committee for its debate and inclusion, if any, in the Agreement.

In any case, a Joint Committee shall be set up in each port to hold the functions and powers in the field of safety and hygiene at work, relating to both the staff of the common and special working relationship, the scope of the service area of the port. These functions may be taken up by the Joint Committee for the interpretation and monitoring of the Convention with the incorporation of the technical experts agreed by the parties.

During the transitional period, the parties will be subject to the current regulations.

Art. 13. Representation. In order to determine the representation of the workers affected by this Agreement, for the purposes of defining the legitimization to negotiate the same, as well as the Conventions of inferior scope, such representation will be imputed to the representatives of the special and common working-relationship staff included in the personal field expressed in the second article.

Due to the interrelation of the works carried out in the ports by the workers of the common and special employment relationship and the consideration of the only collective available for the public service of stowage and desestiba and the labors complementary, the parties agree to point out as a minimum bargaining unit in the lower areas those relating to the territorial scope of each port and to the staff referred to in Article 2. of this Agreement, without any modification of such trading units.

Art. 14. Trade union rights.

(a) Without prejudice to the trade union rights recognised and declared in the legislation in force, the port workers affected by this Convention have the following rights:

1. The representation of workers may convene assemblies, which may be attended by workers outside the working hours at the premises of the State Society. To do so, they shall be entitled to the use of the meeting rooms of the State Society or any other that is available to them before or at the end of the daily appeals, without further requirements than to interrupt them.

2. To receive information through their representatives.

3. To be supplied individually, the data machined by the Companies in which the information concerning their person is recorded.

(b) Companies shall respect the right of all workers affiliated to a Union to hold meetings, collect quotas and distribute trade union information without disturbing the business activity of the Companies; they may not hold the employment of a worker on the condition that he does not become a member of or give up his or her trade union membership and also fails to dismiss a worker or to harm him in any other way because of his or her membership or trade union activity. Trade Unions may send information to all undertakings in which they have sufficient and appreciable membership in order for it to be distributed and without, in any event, the exercise of such a practice to interrupt the development of the production process.

The trade union rights that the Organic Law on Freedom of Association recognizes and guarantees on a general basis will increase with the following:

1. The right to the representation of trade unions with a presence in the Committee to be held by a trade union delegate in those State Societies whose staff exceeds 50 workers, and less than 250.

2. Trade Unions which do not yet have a presence in the Committee, have a membership of more than 20 per 100 of the State Societies of more than 50 employees, will have the right to be represented by a trade union delegate.

3. The trade union delegates shall apply the credit of monthly paid hours provided for in the Organic Law on Freedom of Association, with a minimum of twenty hours.

4. The Trade Union Sections of the most representative trade unions or representative trade unions in the field of port dockers shall be entitled to the provision of a bulletin board by the undertakings.

The Union which claims to have the right to be represented by a Delegate, must prove it to the Company in a feisty way, recognizing this, then, to the aforementioned Delegate its status as representative to all the effects.

The union delegate must be an active worker of the Company, designated in accordance with the Central or Union Statutes to represent.

Without prejudice to the rights and powers conferred by the laws, the trade union delegates are recognized as follows:

1. Represent and defend the interests of the Union to whom it represents and of the affiliates of the Union in the Company, and serve as an instrument of communication between its Central Trade Union or Union and the direction of the respective Companies.

2. They may attend the meetings of the Committee of Enterprise, the Committee on Safety and Hygiene at Work and the Joint Committee for Interpretation, with a voice and without a vote, and provided that such bodies admit their presence in advance.

3. They shall have access to the same information and documentation as the Companies must make available to the Committee of Enterprise, in accordance with the provisions of the Law, being obliged to keep professional secrecy in the matters in which they are legally proceed. The guarantee and rights regime will be established in the Organic Law on Freedom of Association.

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

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

a) About layoffs and penalties affecting union members.

(b) In the case of the restructuring of the workforce, the regulation of employment, the transfer of workers when the magazine is a collective, or a general working centre, and in particular any project or business action which may affect the interests of the workers.

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

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

C) In companies, in addition to the rights that the Laws give to the legal representatives of the workers, these will also have the following:

1. Generalisation to all representatives of the amount of 40 hours paid per month for trade union management. They are estimated to be those caused by travel with trade union reasons, in which case only those corresponding to the shifts in which they have been effectively worked will be taken into account.

2. Without exceeding the credit of hours corresponding to them, this may be consumed for the assistance to training courses organized by the Union to which they belong, Institutes of Training and other Entities.

3. The excess that may occur due to the appointment of Personnel Delegates or members of Committees as components of the Negotiating Commissions of Collective Agreements that affect their representatives shall not be counted within the credit of hours. to attend the holding of official sessions through which such negotiations take place.

Members of the Company's Committees and Staff Delegates will have the guarantees recognized in the Workers ' Statute.

The competencies and capacity of these staff representatives will be those attributed by the Workers ' Statute.

(D) Management hours shall be cumulative from one representative to another without exceeding the corresponding total number.

Art. 15. Disciplinary arrangements. The Joint Committee shall, within the maximum period of three months, examine and, where appropriate, approve a system of offences, penalties and disciplinary proceedings.

In the event that the termination of the employment relationship of a special character by improper or null dismissal is sought, the option to decide on the perception of compensation or the readmission in the job In any case, it will be for the individual worker with special employment relationship.

Art. 16. Relationship of port professionals. -Ports which have not completed the agreement provided for in Article 14 of the first Sectoral Agreement, shall comply within one year of the entry into force of this Agreement. After the deadline is not completed, it shall be deemed that there are no workers meeting the conditions laid down in law and, as a result, the parties are obliged to replace those who carry out their duties. to the public service.

Art. 17. Right to strike and minimum services.-The Trade Unions commit themselves within the maximum period of six months to present in the Joint Committee a system of self-regulation of the right to strike and, where appropriate, the establishment of minimum services.

The Joint Commission will study the proposal and make it own or propose the measures it deems appropriate. It will be, in the event of a strike, to the agreed minimum procedure and services.

Art. 18. Guarantee of the overall compliance of the agreement. -It is the will of the signatories that the application of the provisions contained in the present agreement in terms of the structure of the staff, they are in its entirety, in such a way that the partial non-compliance by either party, the suspension of the other measures shall be suspended unless, by agreement of the Joint Committee, it is suspended exclusively in the port concerned by the non-compliance or, where appropriate, all the relevant decisions are taken complementary.

Art. 19. Joint Committee.-In order to deal with the treatment of all matters arising from the interpretation or application of this Agreement, a Joint Committee composed of 16 members, eight of the Trade Union Organisations and eight of the Business Representation.

This Commission will ensure compliance with the negotiation commitments of certain subjects during the duration of the Agreement.

Likewise, the Joint Commission will intervene, with a precept and prior to the judicial or pressure measures, as mediator in the conflicts that may arise as a result of the application of this Agreement of any other normat

vat that from it is derived among the territorial organizations of inferior scope. It will be up to the party to take the legal or trade union actions deemed to be more appropriate, the previous approach to the matter of this Joint Committee. For the effectiveness of the provisions of this paragraph, the Joint Committee shall, in the Act of its Constitution, assume the Rules of Procedure which are included as Annex II to this Agreement.

ADDITIONAL PROVISIONS

First. Accession agreements. -The parties agree that Ports of the State shall promote all initiatives it deems necessary to ensure that the dependent ports of the Autonomous Communities adhere to this Agreement.

Second. Collective Agreements. -For the public character of the State Societies, the Collective Agreements in which they participate, and as far as they are concerned, must be approved by Ports of the State prior to their subscription.

Third. Financing of State-owned companies. -Before 1 December 1993, the parties will agree to finance State-owned companies by distributing their cost to the holding companies in proportion to the participation in the share capital and in proportion to the use of port workers in the society census.

Ports of the State will promote the processing, if any, of the necessary regulatory measures to substantiate the previous agreement.

TRANSIENT DISPOSITION

During the validity of this Agreement they will be applicable to the dockers included in the censuses of the Organization of Harbour Works the measures on retirement provided for in the transitional provision third of the Royal Decree-Law 2/1986 of 23 May on the public service of stowage and esestiba.

FINAL DISPOSITION

Job Plan. -1. The parties agree to the establishment of an Employment Plan which will include an Advance Retirement Plan and will affect an estimated global collective of 1,269 port dockers, both of which are of common working relationship and special, with the distribution by Ports to be attached (Annex I), which must be subscribed before 30 October 1993. Workers affected by this plan must meet the legal conditions to be eligible for the maximum retirement pension corresponding to their regulatory base.

In the case of the surplus in ports of general interest where State Societies are not constituted, this Plan will also be carried out, after the creation of the corresponding State Society.

2. The conditions for the extinction of employment contracts are as follows:

(a) For each of the State-owned companies in the field of the competences which is legally held, each worker is guaranteed to be included in point 3 (3.1), an average and equal pay for all of the companies in question deferred compensation of 195,000 pesetas/month up to the time of their ordinary retirement in the Social Security system, with such an effect on unemployment perceptions, without prejudice to the fact that, with the overall cost limit Other alternatives could be established.

b) Previous perceptions will be updated with an increase of 4 per 100 per year from the third year of the Employment Plan.

(c) From month 26 onwards, the State Societies will arrange for their position and for those workers not yet retired, a special convention with the Social Security to cover the retirement contingencies at the maximum bases. authorised by law and health care.

d) A Monitoring Committee for this Employment Plan will be set up.

(e) The contract extinctions provided for in paragraph 1 of the Employment Plan and for the next five years shall not be submitted for collective termination of work contracts.

3. Implementation of the Employment Plan:

3.1 The early retirement scheme will be dealt with and implemented in the terms set out in the previous paragraphs to the workers ' collective, which is missing sixty months or less for their statutory retirement.

3.2 All workers affected by the Employment Plan who are missing sixty-one months or longer to reach the statutory retirement age will be able to accept the termination of their employment contract in exchange for a maximum compensation of 10,000,000 pesetas, including all perceptions.

This compensation can be improved through port-to-port negotiations, applying the lowest cost of wage-freezing measures.

Surplus stowers of State or OTP Societies which are missing more than sixty-one months for statutory retirement may be eligible for the incentive to exit under the conditions set out in the paragraphs In the case of the State of the State, the State of the State in which the State is responsible for the provision of the State of the State of the State in which the State is responsible for its activities. The cost of remaining workers in the State Societies must be absorbed by wage adjustment in each port and, where appropriate, through a comprehensive economic negotiation.

To the stowers who voluntarily opt for the incentive exit, Article 9 of Decree-Law 2/1986 will not apply to them.

3.3 To these effects and to concretize the number of workers of those included in this section whose employment relationship is extinguished, a tripartite commission will be constituted formed by representatives of the Harbour Authority (that include, where appropriate, representatives of ports of the State or of the OTP), of the Stylers and of the workers, which must finish their work before 1 November 1993.

ANNEX I

List of surplus by ports

Port/Port Number/Surplus

3/Alicante/27

4/Almería (OTP)/11

5/Arrecife (OTP)/57

6/Aviles/6

7/Barcelona/53

8/Bilbao/70

9/Cadiz (OTP)/179

10/Cartagena/10

11/Castellon/37

13/Coruña/30

16/Huelva/35

21/Las Palmas/229

23/Santander/7

24/Santa Cruz de la Palma/28

25/Tenerife/133

26/Sevilla/16

28/Valencia/171

29/Vigo (OTP)/56

31/Passages/33

33/La Estaca (OTP)/3

37/Puerto Santa Maria/4

34/La Gomera (OTP)/9

27/Tarragona/25

15/Gijon/40