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Resolution Of 29 October 2013, Of The Directorate-General Of Employment, Which Is Recorded And Published The V Collective Agreement Of Convenience Store Chains.

Original Language Title: Resolución de 29 de octubre de 2013, de la Dirección General de Empleo, por la que se registra y publica el V Convenio colectivo de cadenas de tiendas de conveniencia.

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TEXT

Having regard to the text of the V Collective Convention of Convenience Store Chains (Convention Code No. 99012695012000), which was signed dated July 12, 2013, by the Spanish Association of Chain of Stores Convenience (AETCON), representing companies in the sector, and the other by the union headquarters Federation of Union Associations (FASGA), Federation of Independent Trade Workers (FETICO) and the General Union of Workers (UGT), on behalf of workers, and in accordance with the provisions of Article 90, Paragraphs 2 and 3 of the Law on the Status of Workers, Recast Text approved by the Royal Legislative Decree 1/1995 of 24 March, and Royal Decree 713/2010 of 28 May on the registration and deposit of collective agreements and agreements work

This Employment General Address resolves:

First.

Order the registration of the aforementioned collective agreement in the corresponding Register of collective agreements and agreements working through electronic means of this Steering Center, with notification to the Joint Commission.

Second.

Arrange your publication in the "Official State Bulletin".

Madrid, October 29, 2013. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.

V COLLECTIVE AGREEMENT OF CONVENIENCE STORE CHAINS 2013-2015

CHAPTER I

Scope

Article 1. º Parties that make it up.

The present collective agreement is made between the Spanish Association of Convenience Store Chains (AETCON) and the trade union representatives with implementation in the sector, made up of the trade unions: federation of trade union associations (FASGA), federation of independent trade workers (FETICO) and general union of workers (UGT).

Article 2. Personal and territorial scope.

This convention applies to:

Companies: companies, job centers or commercial units with their own organization, dedicated, as main activity, to retail trade of products under the call of convenience store and whenever have as a business or group of undertakings, at least three centres or commercial units organised in a vertical integrated network, which together have a sales area of not less than one thousand square metres.

This agreement shall also be governed by this convention, regardless of the number of centers and square meters of sale, the companies, workplaces or commercial units with their own organization, which operate as franchisees of the mentioned in the previous paragraph.

Companies, business groups, workplaces or commercial units with their own organisation, whose convenience activity is secondary to the principal of the workplace, are excluded from this scope.

Companies that have as a complementary activity to the principal of convenience the dispatch in a self-service of fuels (with or without service of track: washing of vehicles, pressure of tires, etc.) will remain also affected by this Convention.

For these purposes, it is understood that the main activity is the convenience store when, among the different activities carried out by the company, center or commercial unit, most of the tasks in which it is occupied personnel come from the convenience store activity.

The hospitality and/or catering establishments that have convenience store and, with confusion of templates, their activity in the area of hospitality and/or restoration will not be applicable to this convention. It shall not apply to them, except in the case of convenience, where they are governed by various agreements with their different activities, by having different activities, and there is no mobility of staff among them.

Third-party companies that serve within the convenience store will be affected by this agreement when it is decided jointly between their management and the legal representation of the workers.

Workers: Those who provide their services with employment contracts in the companies included in the scope, whether the works they carry out are commercial, as if they are of any other activity that is carried out within of the job center and belong to the same company.

This agreement shall not apply to persons who are included in one of the cases covered by Article 1.3 of the Royal Decree of Law 1/1995 of 24 March, approving the text of the text of the text of the text of the text of the text of the text of the text of the text of the text of the text. recast of the law of the status of workers.

Territorial scope. This Convention shall apply throughout the territory of the Spanish State to the undertakings and workers included in its functional field.

Article 3. Time Scope.

The collective agreement will enter into force at the time of its signature, regardless of the date of publication in the "Official Gazette of the State", maintaining its validity until December 31, 2015.

Complaint. Two months before the end of its term of validity, any signatory party may denounce it without further requirement than the obligation to communicate it to the other party in a written form, where the parties must state the matters and the criteria for revision of the collective agreement proposed by the complainant party.

The conditions agreed in this collective agreement will remain in any case until their new revision. However, from the beginning of the deliberations, they will lose their mandatory clauses only, keeping in force, instead, their normative content.

Article 4. º Compensation and Absorption.

The conditions that are agreed here replace in their entirety those that until the signature of the same rule in the centers for any covenant, convention or origin, except that expressly the contrary is said in the present convention.

The conditions of any kind enjoyed by staff prior to the date of this agreement, while the economic improvements established by it, may be absorbed or compensated shall be respected in all companies. with perceptions of the same nature granted by the companies at any time on a voluntary basis (unless otherwise stated), and by which they are established in the future by virtue of the legal provision of any title or rank.

Article 5. º Indivisibility of the convention.

The conditions agreed upon in this Convention form an organic and indivisible whole, and for the purposes of their practical application they shall be considered overall and jointly.

Article 6. º Equality at work.

The principle of equality in work will be respected for all intents and purposes, not discrimination on grounds of sex, marital status, age within the limits set by the legal system, race, social status, religious or political ideas, membership or not a union, etc.

There shall also be no discrimination on the grounds of mental, physical or sensory decreases, provided that it is in a position to perform the work or employment concerned.

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

In the case of companies of more than 250 workers, equality measures aimed at avoiding any kind of employment discrimination between women and men through the elaboration and implementation of an equality plan should be be negotiated with the legal representatives of workers in the field of the whole enterprise.

CHAPTER II

Organization of the job

Article 7. Organization of the job.

The organization of the work, its programming, classification, distribution between the areas of the company and the general conditions of the provision of the work, are faculties of the addresses of the enterprises. These powers, which are without prejudice to the rights of workers ' representatives, shall, in their case, be subject to the limitations imposed by the laws of compulsory obedience and due to respect for the personal dignity of the workers. worker and their vocational training.

Workers and companies are mutually obliged to keep the other party informed of any changes in the personal or company data that they have to record in the contract, especially the change of address. or another similar one that occurs within the maximum of 15 days. For this purpose, the electronic mail shall serve as a valid vehicle when the worker, as a choice, has provided it to the company.

CHAPTER III

Professional classification

Article 8. Professional Classification.

Workers who provide their services in companies falling within the scope of this Convention shall be classified in respect of their professional qualifications, qualifications and general content of the benefit, the factors of which assessment will be as follows:

Knowledge: a factor for which assessment will be taken into account in addition to the basic training required to correctly fulfil the tasks, the experience gained and the difficulty in acquiring such knowledge and experiences.

Initiative: a factor for the assessment of the degree of follow-up to standards or guidelines for the execution of tasks or functions.

Autonomy: a factor for the assessment of the degree of hierarchical dependence in the performance of tasks or functions that are developed.

Responsibility: factor for whose assessment the degree of autonomy of action of the holder of the function, the level of influence on the results and the relevance of the management on the human resources, technical and productive.

Command: factor for the assessment of the degree of supervision and management of functions and tasks, the interrelation capacity, the characteristics of the collective and the number of persons on whom the command.

Complexity: a factor for which the number and degree of integration of the various factors listed in the task or entrusted position will be taken into account.

Article 9. Professional Groups.

Staff subject to this Collective Agreement shall be classified, in accordance with the professional requirements, qualifications and general content of the benefit, in any of the following professional groups, with content rules are defined:

Professional Group I. General criteria: tasks consisting of operations carried out following a precise working method, according to specific instructions, with a total degree of hierarchical and functional dependence. They may require physical effort. They do not need specific training even though a short period of adaptation may be necessary.

Training: professional, compulsory education or equivalent.

Professional Group II. General criteria: personnel who perform qualified work under precise specifications and with a certain degree of autonomy, but who need adequate professional knowledge and practical skills for their correct execution. The tasks performed can involve physical effort.

Training: professional, compulsory education or equivalent.

Professional Group III. General criteria: functions that involve the integration, coordination, command and/or supervision of different tasks, carried out by a set of collaborators. They can also encompass complex but homogeneous tasks that, even without involving command responsibility, have a high degree of intellectual content and human interrelation, in a framework of general instructions of high technical complexity. The tasks performed can involve physical effort.

Training: middle or higher degree university degree or equivalent professional knowledge acquired in practice.

Professional Group IV. General criteria: functions that involve the realization of complex and heterogeneous technical tasks, with defined global objectives and high degree of demand in autonomy, initiative and responsibility. Functions that involve the integration, coordination and monitoring of functions, performed by a set of collaborators in a single functional unit. It is also included in this professional group, functions that assume specific responsibilities for the management of one or more functional areas of the company, based on broad guidelines emanating from the management, to which it must give account of its management. Tasks which involve the carrying out of technical tasks of a higher complexity and even participation in the definition of the concrete objectives to be achieved in a field, with a high degree of autonomy, initiative and responsibility in this technical craft.

Training: qualifications at the level of university education or higher-grade vocational training, or equivalent professional knowledge acquired after an accredited experience.

Article 10. º Promotions and promotions.

Professional promotion from the professional group I to the professional group II will take place in practice according to the following criteria:

The promotion of the professional group I to the professional group II will take place after the practical acquisition of the precise professional knowledge for the performance of the required works or tasks, which will be produced not before the First two years of service in the company; in any case, after two years of effective delivery, the ascent will occur automatically.

It is understood that the experience must be carried out on a continuous basis, understanding for such effects that it is carried out without interruptions of more than one year, given that the interruption of the labor supply, with a low in the company for more than one year, takes the employee away from the constant innovations in the techniques and systems of organization specific to each of the companies whose knowledge is decisive for the membership of the group professional.

The promotion to the professional group III will be produced by contest contest or objective evaluation.

The promotion to the professional group IV will be produced by free designation of the company, which will take into account objective criteria, such as: experience, training, work history, productivity, diligence, functional mobility and geographical, capacity, skill, characteristics of the job, or any other, established by the management of each company.

To achieve a professionalization of the sector and an improvement of employability, a positive assessment will be added to the time of the selection processes, as well as in the internal promotion processes, to those people who have obtained a certificate of professionalism related to the professional family of the position to which the certificate is awarded.

Article 11. ° Work of different group and functional mobility.

All workers who develop higher-group jobs will receive the salary remuneration for that group. In the event that the work is of a lower group, the fixed remuneration of the source group will be maintained.

When a worker replaces a parent or senior member by reason of the absence of the latter by a leave of absence with a reserve of post, maternity or any other of those referred to in Chapter VIII of this Article convention, shall not consolidate the new function or the professional group on the basis of the mere passage of time, even if it shall be remunerated in accordance with the same post or responsibility as it has been, and shall be taken into account, where appropriate, for future consolidations when they occur within the following year.

The functional mobility within the professional groups will entail the perception, if any, of the job complement of the new worker's destiny, whose perception will depend on the fulfillment of the tasks that they are entrusted to that worker, not having the said supplement, in any case, a consolidable character.

CHAPTER IV

Hiring types. Trial period, revenue and cesses

Item 12. Revenue.

The income of the workers, will be adjusted to the general legal rules on placement and the special ones for workers over 45 years old, disabled, etc.

At each working or business centre, the Directorate shall inform the representatives of the employees, as laid down in Article 64 of the Staff Regulations, of the foreseeable development of employment and conditions of employment. which applicants must meet, as well as the various training courses which, if any, they will have to receive. Workers ' representatives, who may issue a report on this subject, shall ensure their objective application as well as the non-discrimination of women in the entry of the workforce.

Article 13. Trial Period.

Test periods, by professional groups, will be as follows:

Professional groups III and IV: five months.

Professional group I and II: three months.

When the contract that is initially formalized is indefinite, the trial period will be six months for Groups III and IV and four months for Groups I and II.

Elapsed the trial period without the withdrawal of the contract, the contract will produce full effects, with the time of the services provided in the age of the worker in the company.

During the probationary period, the worker shall have the rights and obligations corresponding to the job he performs as if he were a staff member, except those arising from the resolution of the employment relationship which may be be produced in accordance with existing legislation.

Only the worker is understood to be subject to the probationary period if it is written in this way.

Article 14. º.

Workers who wish to cause a voluntary decline in the company will be obliged to notify the Directorate, in accordance with the following deadlines:

Groups III and IV: one month.

Groups II and I: Fifteen days.

Failure by the worker of this obligation will entitle the company to discount the amount of the salary of one day for each delay in the notice of its liquidation.

In cases of gender-based violence, found in accordance with the provisions of Law 1/2004, the worker who would have to cause a reduction in the company would not be obliged to prevent her voluntary discharge.

Companies ' addresses will be obliged to observe equal notice periods.

Article 15. Hiring.

The hiring of workers will be in accordance with the general employment law rules, the Company being committed to the use of the various forms of employment according to the purpose of each of the contracts.

Article 16. º hiring modes.

Within the respect of the different procurement procedures in force at each moment, the following specialties are established:

1. Fixed staff. -It is the one that continues to work in the company indefinitely after the test period-in terms of time and conditions-required by the professional group to which it belongs.

2. Training contracts. -The sector recognizes the importance that contracts for training may have for the incorporation, with adequate preparation, of the youth group. This preparation should reflect both the practical aspect of each trade and the knowledge and adequacy of the general education system. It is therefore necessary to indicate the opportunity for theoretical and practical training to correspond to contracts for training.

Contract in practice. The provisions of Article 11. of the Recast Text of the Workers ' Statute, approved by Royal Legislative Decree of 1/1995 and current legislation, will be included.

Without prejudice to the foregoing paragraph, the remuneration of the trainee shall not be less than 75 per 100 during the first or second year of the term of the contract in respect of the salary fixed in the present agreement for a worker who performs the same or equivalent job.

Contract for training. The training contract may be concluded with workers who have been 16 years of age and are under 25 years of age who have no qualifications required to formalise contracts in practice in the trade or training or approved training. of occupational vocational training approved of the same speciality and with a number of theoretical hours equivalent or higher than those provided for training.

The age limit in the above paragraph shall not apply in accordance with the provisions of the transitional provision 9. of Law 3/2012 of 6 July, while the unemployment rate in our country does not fall below 15%. Contracts for training and learning with workers under 30 years of age can be achieved up to this point.

In any case, the age limit will not apply when the contract is designed with disabled persons or with the social exclusion groups provided for in Law 44/2007, of December 13, for the regulation of the arrangements for the insertion undertakings, in cases where they are contracted by insertion undertakings which are qualified and active in the relevant administrative register.

The training contract will aim to acquire the theoretical and practical training necessary for the proper performance of a skilled trade in the sector.

The duration of this contract may not be less than six months and not more than two years, and may be extended by agreement of the parties for up to twice, without the duration of each extension being less than six months and without the total duration of the contract can be reached at the end of the two years as sufficient time to acquire the necessary training to carry out its work, with the years of training for seniority in the enterprise being computed.

The working day will be thirty hours effective weekly or proportional to the day agreed in this agreement during the first year, dedicating the remaining ten hours to the theoretical training, in accordance with the provisions of the Article 3. of that Law. And during the second and third year it will be 34 hours effective weekly or proportional to the day agreed in this agreement, dedicating the remaining six hours to the theoretical training.

If this requirement is not met, it will be understood, unless proof to the contrary, that there has been no training.

The teaching schedule must be specified in contract. The maximum duration of the training contract expired, the worker may not be hired under this modality by the same company, provided that the duration of the contract has been longer than twelve months.

If the contract is concluded, the contract for the training will not continue in the company, the company will give him a certificate of the time worked with reference to the trade object of the training and the use that, to his judgment, has obtained in its practical training.

3. Eventual contract. Under the terms of Article 15.1.b) of the ET, the Directorate of the Company may be eligible for this mode of employment for a maximum of 12 months within a period of 18 months. In the case of formalising the contract for a period of less than the maximum, it may be extended once.

At the end of the agreed time the eventual contracts shall be indemnified with an amount equivalent to twelve days per year of service, prorating for months periods of less than one year.

In the event that the worker, at the end of the agreed duration, chooses not to continue in the company, he will not be entitled to receive the compensation mentioned above, but only that which, if any, could legally be correspond.

4. Interim contract. It is the contract to replace workers with the right to reserve the job (maternity, leave, etc.). This contract may also be concluded to temporarily cover a job during the selection or promotion process for final coverage.

The name, surname, job and professional group of the worker or replacement workers and the cause of the replacement shall be specified in the contract, indicating whether the job to be performed shall be that of the worker. replaced or another employee of the company who has become the job of the company. In the case of selection or promotion the contract must identify the job whose final coverage will occur after the aforementioned process of external selection or internal promotion.

The interim worker will take preference to fill the vacancies of his or her professional group which, at the time of termination of his contract, may exist in the company.

5. Contract of work or service determined. It is the contract for the performance of a given work or service, with autonomy and its own substance and whose execution, although limited in time, is in principle of uncertain duration.

6. Part-time contract.

A) The contract shall specify the number of hours per day, week, month, or year of contracts, as well as their distribution in the terms provided for in this agreement.

It may be arranged for an indefinite period or a fixed duration in the cases where the use of this mode of employment is legally permitted, except for the contract for training.

Part-time contract workers will be able to perform overtime in accordance with the legislation in force.

The supplementary hours agreement may be reached at 40% of the ordinary hours contracted and in order to be enforceable for the worker must be requested by the company with the legal notice or in the specific contract of completion of additional hours.

The worker will be able to leave without effect the pact of supplementary hours for the assumptions established in the law of reconciliation of family and work life. Likewise, and prewarning one month in advance at the end of each year, you may leave it without effect because of studies or the provision of other work, provided that they prove that they are incompatible.

When the additional hours made exceed 15% of the ordinary hours contracted, it may result in the consolidation of a part of the same in the following terms:

-It shall be entitled to consolidate 30% of the number of additional hours carried out over a period of three consecutive years provided that they exceed 15% of the ordinary hours contracted during each of those years.

-The period in which the supplementary hours pact is without effect by application of the law of reconciliation of family and work life shall not be taken into account for these purposes.

-In order for the consolidation to occur, the worker must express his or her express will in this regard in relation to all or part of the corresponding hours within the maximum period of the three months immediately following the three-year period in question. For this purpose, the employer must provide the worker who has made his right to the consolidation of the supplementary hours to be certified as a number of hours liable to be consolidated.

-The distribution of the working time extension resulting from the consolidation shall be determined in accordance with the provisions of Article 28. Consolidated supplementary measures, even if they are not allocated by the employer.

-In order to future consolidations, the complementary hours already consolidated will be added to the contracted ones so that the complementary hours susceptible of future consolidation will be those that exceed the sum of 15% of the working day and the already consolidated, always in the number in which they are repeated for three consecutive years.

B) As regards the probationary period, part-time contracts shall be within the meaning of Article 13. of this collective agreement and shall be determined in relation to the actual provision of work contracted. In any event, the trial period shall be understood to have been over six calendar months of service delivery.

C) In the event of a template increase, or vacancy to cover, in a similar role, on a level playing field, part-time contract workers will have a preference for new full-time hiring. To this end, workers shall notify at the time of the contract or subsequently their wish to convert their contract into another full-time contract in the first vacancy to be produced. The address of the centre shall inform the worker, at the time of termination of the contract, of the vacancies of his professional group.

CHAPTER V

Wages and remuneration structure

First Section

Article 17. º Wage structure.

The remuneration of workers falling within the scope of this collective agreement shall be made up of the basic salary and the allowances of the basic salary.

Base salary. -It is the part of the remuneration of the worker fixed per unit of time, without attending to the circumstances that define the personal, job, quality or quantity allowances, of periodic maturity more than one month, in kind or in residence. It pays for the effective annual working day and legally established breaks.

Personal Add-ons. They are the supplements that derive from the personal conditions of the worker and that have not been valued when the base salary is fixed. They are personal complements, in addition to seniority, titles, languages, special knowledge, etc.

Job Add-ons. These are the allowances paid by the employee on account of the characteristics of the job in which he or she actually develops his service. These complements are functional and their perception depends exclusively on the effective provision of work in the assigned position, so they do not have a consolidable character.

Quality add-ons or quantity of work. It is understood by means of quality or quantity of work those that the worker perceives because of a better quality in the work or a greater quantity, in the form of prizes and incentives, places of activity, assiduity or others, go or not joined to a system of remuneration for performance, so they have no consolidable character.

Top-of-the-month periodic maturity, such as extraordinary rewards or profit participation, constancy awards, retirement, training aids, etc.

Section 2

Article 18. º Attributes.

The remuneration of the workers included in the scope of this agreement shall be made up of the base salary and the various allowances, without the sum of all of them being less than the group salary.

Item 19. Group Salary.

It is understood by group salary the economic perceptions that by all the concepts the workers affected by this convention must perceive in function, both of the execution of the annual day agreed and of its framing in one of the professional groups.

In accordance with the above, during the term of the agreement, group hourly wages are set for part-time workers, which includes the amount of the overtime and the vacation of:

Professional Group I: 6.55 € hour.

Professional Group II: 6.70 €.

Professional Group III: 7.11 € hour.

Professional Group IV: 7.53 € hour.

For the payment of the hourly wage, you can break down the holiday part for your subscription at the time of your enjoyment.

During the first two years of service provision, the salary of the trainee shall be equal to 75% of the salary of Group II, in full respect of the minimum inter-professional salary established for each year.

Likewise, during the term of the Collective Agreement the group salary year for full-time workers is as follows:

Professional Group I: € 11,793.87.

Professional Group II: € 12,067.83.

Professional Group III: € 12,792.03.

Professional Group IV: € 13,562.35.

Article 20. º Extraordinary pages.

The annual remuneration laid down in this Convention shall be paid in accordance with the custom established in each undertaking or, alternatively, in fifteen pages.

However, the companies, after agreement with the committee, will be able to prorate the extraordinary payments in twelve monthly payments.

Article 21. Night Work.

Night work will be paid with the value of the group hourly wage increased by 25%, except that the salary in the individual contract would have been established on the basis that the work is night by its very nature, in accordance with the provisions of Article 36.2 of the Staff Regulations.

Article 22. Diets and travel expenses.

The worker who, for the purposes of the service, has to travel or travel to provinces other than that in which he or she radiates his or her centre of work, will be entitled to a diet of 26 € or a half-diet of € 12.

The diet and the average diet are intended to satisfy the expenses incurred by the posted worker other than the accommodation and transfer derivatives.

The provisions of this Article shall not apply to undertakings which have established other systems other than allowances or expenses.

Article 23. º Settlement and payment. Receipt of wages.

Receipt receipts for payment of salaries shall be in accordance with one of the official models approved by the labour administration and shall contain, perfectly broken down and specified, all salary and salary concepts. extranalarial, as well as withholdings, contributions, taxes and their bases of calculation.

The payment of assets shall be made at the latest within the first five days of the month following the end of the month.

Article 24. Antipos.

Workers shall be entitled to advances in the amount of a maximum of one hundred per cent of the earned salary. The existence of the advance shall be expressly stated in the receipts of wages, which shall be deducted. Such advances must be requested in the light of the company's internal procedure.

Companies must have a model of receipt of advance, where the date, the amount of the same, the month to which it corresponds, the worker requesting it, and the person who authorizes it shall be recorded, showing the signature of both. The worker must receive a copy of it.

Article 25. º Incentives and Add-ons.

The definition and application for incentive workers or other systems linked to productivity, whether they are job-add-ons, commissions, premiums or incentives, objectives or performance evaluation or any other class, shall start to become payable from the salary of the group in which each worker was framed.

Without prejudice to the foregoing, companies wishing to establish variable bonuses or payments on the basis of economic performance or increase in net sales carried out in the financial year or other similar variables, pay, where appropriate, when the accounts are closed, in the understanding that they shall not be of a consolidable nature and shall not serve as a reference for accruals or credits for subsequent years.

CHAPTER VI

Working time and rest

Article 26. Day.

1. The maximum annual working day is set at 1,800 hours, although the most beneficial annual days in each company will be respected before the entry into force of this agreement. The working time shall be carried out in accordance with the provisions of Article 34.5 of the Staff Regulations.

2. Distribution. In view of the special characteristics of the sector, the annual calendar day may be distributed, respecting the legally established breaks, throughout the year.

Without prejudice to the foregoing, the daily distribution of the agreed annual day shall be carried out per worker so that the days worked do not exceed 225 days within the calendar year.

Quarterly schedules will be planned, in each autonomous center or commercial unit, with the specification of the different shifts and hours of entry and exit. The schedules must be awarded individually to each worker at least seven days in advance, so that he can know and control the day. The verification and monitoring of the implementation of the agreed annual working day shall be carried out on an individual basis in the first quarter of the following year.

Of the annual contracted day, in accordance with the provisions of Article 34.2 of the Workers ' Statute, and once it has been distributed, 10% of the scheduled day will be available. Without prejudice to the legally established breaks, in order to apply the distribution, the company must provide the worker with seven days of the day and the time of its completion.

The changes that will be made in the day will be communicated to the intercenters committee with the same system that will be used in each company.

The daily working day may not exceed ten hours, nor be divided in more than two periods.

Changes in the planned day due to unpredictable organizational causes (due to unplanned absences of other workers or delays or advances in supplies) will be mandatory. The communication of the change shall be made at the same time when the undertaking is aware of the existence of the unforeseen, giving the legal representation of the employees.

The effective development of the planned individual day is independent of any variation that may occur in the business hours, either by decision of the company or by the competent authorities.

Likewise, it will be mandatory to carry out the precise working hours to cover, out of the normal schedule, the performance of two balance sheets or inventories, to repair claims and other extraordinary damages and urgent, as well as in case of risk of loss of raw materials. They are excluded from the obligation to carry out the balance sheets of staff in legal custody, outside their working hours, and pregnant workers.

3. Weekly rest. -The accumulation of the rest period referred to in Article 6 of the R.D. 1561/1995 shall be planned so that, together with the other legally observable breaks, it is enjoyed weekly on two consecutive days. The planning will take place from Monday to Sunday, both inclusive, and will be organized, if any, in rotating shifts.

The previous rest planning, for workers with a working day distributed throughout the week, will be performed at each company in a way that coincides with Sunday once a month.

Article 27. Extraordinary Hours.

The parties agree to the deletion of the usual overtime.

It will be considered overtime hours that exceed the annual agreed time, which will be compensated by an increase of seventy-five percent over the value of the ordinary hour.

In each company, different forms of economic compensation and/or rest can be agreed between the Directorate and the legal representation of the workers.

Article 28. Vacation.

All workers affected by this agreement shall enjoy a paid annual leave period of 31 calendar days.

The holidays will be enjoyed throughout the year, being able to split your enjoyment, according to the calendar set annually (before the first of November before), in a maximum of two periods. The address may exclude from the enjoyment of the holiday those dates that coincide with those of the highest productive activity.

The so-called summer holidays are to be enjoyed in the months from June to September, with annual shifts being known at a time of not less than two months before the start date.

In those workplaces that have a workforce of six to nine workers, the summer vacation can be organized from May to October.

As a principle and a unique preference for workers ' right of choice to a given holiday shift, it is established that whoever opted and took preference over another worker in the choice of a given shift, loses That primacy of choice until the rest of your colleagues in a unit of work is exercised.

Annually the management and the inter-center committee will establish vacation shifts.

CHAPTER VII

Job Risks

Article 29. Safety and occupational health.

Obligations of companies. -Companies shall apply the measures for the prevention of occupational risks in accordance with the following general principles:

-Avoid risks.

-Evaluate the risks that cannot be avoided.

-Combat the risks at source.

-Consider the evolution of the technique.

-Planning for prevention, seeking a coherent whole that integrates in it: the organization, the technique, the working conditions, the social relations and the influence of the environmental, ergonomic and psychosocial at work.

-Adopt measures that put collective protection before the individual.

-Give the workers instructions.

Risk Assessments that will be carried out by the companies ' addresses will be made available to the prevention delegate, who has been chosen for such a role among the members of the business committee or delegates of the personnel.

Medical Examinations. The medical examinations to be carried out must be specific, adapting to the different professional functions existing in each work centre.

Those workers, and groups of workers, who for their personal characteristics, for their conditions of greater exposure to risks or for other circumstances have greater vulnerability to it, will be monitored in a way particular.

The companies affected by this agreement, directly or through the mutual employers ' associations, shall carry out the workers who so wish (irrespective of the number of the employees in the company), a medical examination year. During the term of the convention a medical examination shall include, where appropriate, a gynaecological review and male workers over the age of 40 shall be entitled to an urological type recognition.

Obligations of workers. -It is for each worker to ensure, according to his or her possibilities and through compliance with preventive measures, that, in each case, they are adopted, for their own safety at work and for other persons to whom it may affect their professional activity, because of their acts and omissions in the work in accordance with their training and the employer's instructions.

Workers, in accordance with their training and following the employer's instructions, shall in particular:

(a) Use properly, in accordance with their nature and the foreseeable risks, machines, appliances, tools, dangerous substances, transport equipment and, in general, any other means with which they develop their activity.

(b) To correctly use the necessary means and equipment of protection provided by the employer, in accordance with the instructions received from the employer.

c) Do not put out of operation and use the existing security devices correctly or to install them in the media related to their activity or in the places of work in which it takes place.

(d) immediately inform their direct hierarchical superior and the designated workers to carry out protective and preventive activities or, where appropriate, the prevention service about any situation which, in their opinion, For reasonable reasons, a risk to the safety and health of workers.

e) Contribute to the fulfilment of the obligations established by the competent authority in order to protect the safety and health of workers.

(f) Cooperating with the employer so that the employer can ensure working conditions that are safe and do not involve risks to the safety and health of workers.

Article 30. º Procedure for the prevention and treatment of situations of sexual and sexual harassment and harassment on grounds of sex.

For the purposes of this Procedure, it is understood by:

Moral Harassment.

Moral harassment means any conduct, practice or behavior, performed in a systematic or recurrent manner within a working relationship, which directly or indirectly involves a detriment or attack against dignity of the worker, who is trying to subject emotionally and psychologically to a violent or hostile manner, and which seeks to cancel his capacity, professional promotion or his stay in the job, adversely affecting the working environment.

For example, among the behaviors that, in isolation or in combination with others, passive or active, could become constitutive of moral harassment, it is worth noting:

-The worker is ignored, excluded, or empty.

-You evaluate your work unevenly or in a biased way, criticizing the work you do dismissively.

-You are left with no job to do, not even on your own initiative, or you are assigned absurd tasks or jobs, meaningless, or below your professional capacity or competencies.

-An unbearable workload is required in a manifestly ill-intentioned manner or that endangers your physical integrity or health.

-Receives verbal offenses, insults, shouts.

-Receives criticism and reproaches for anything you make or decision you make in your work.

-They humiliate, despise or minusise them in public before other colleagues or third parties.

-Professional development opportunities are prevented.

Sexual harassment.

Sexual Harassment is understood to mean any conduct consisting of words, gestures, attitudes or concrete acts, developed in the field of work, that is directed to another person with the intention of achieving a response of nature unwanted sex by the victim.

The work character is presumed to occur within the scope of the organization of the company, as well as when the conduct is related to the conditions of employment, training or promotion at work.

The action taken by the stalker must be unwanted and rejected by the person who suffers it. There must be a lack of reciprocity on the part of those who receive the action.

It is not necessary for the actions of sexual harassment at work to develop over an extended period of time. A single action, by its severity, can be constitutive of sexual harassment.

These behaviors impair the working environment and negatively affect the quality of employment, labor conditions, and the professional development of the victim of harassment.

Thus, specific behaviors can be identified which, by way of example, constitute sexual harassment:

-Insinuations and annoying comments, humiliating sexual content.

-obscene comments, sexual, direct or indirect propositions.

-Letters or notes with sexual content, which propose, incite or pressure to maintain sexual intercourse.

-Insistence on derogatory or offensive comments about the appearance or sexual condition of the worker.

-Touches, obscene gestures, unnecessary friction.

-All sexual assault.

Harassment by reason of sex.

Sexual Harassment is understood to mean any behavior performed within the workplace to a person based on his or her sex, with the purpose or effect of attacking his or her dignity and creating an intimidating environment, demeaning or offensive.

Take Action Procedure.

Within a year of the publication of this agreement at the company level, a specific procedure of action will be established to develop this.

The procedure will be developed under the principles of rapidity and confidentiality, ensuring and protecting the privacy and dignity of persons subject to harassment.

The rights of the persons involved in the Procedure will be guaranteed and respected.

An investigating commission for the treatment of situations of harassment, with this or another name, shall be established at the company level as the body responsible for processing the process referred to in this proceeding.

In the event that, after the year, the procedure is not established, and until another is done at the company level, the procedure set out in Annex I shall apply.

Article 31. º Temporary Incapacity.

The company shall pay workers entitled to social security benefits who are in temporary incapacity or work accident and for up to twelve months the following supplements:

A) Up to 100 per 100 of the salary of your professional group, including, if applicable, the personal basic salary supplement, in the case of accidents at work and occupational disease.

B) Up to 100 per 100 of the salary of his group plus the cited supplement personal base salary in the first temporary incapacity of the calendar year for temporary incapacity. The supplement will be applied from the fourth day of the discharge, that is, the first three days will not be any additional. However, in case of hospitalization in plant or hospital stay longer than twelve hours, the supplement will reach 100 per 100 of the group salary from day one.

C) Up to 90 per 100 of the same previous base salary plus the cited personal base salary supplement along the second common sick leave within the calendar year.

D) Up to 80 per 100 of the same previous base salary plus the cited supplement personal base salary in the third low for common illness within the calendar year.

E) From the third down it will not be supplemented.

Workers who have only had an IT process in the calendar year and who have a period of absence to cause financial benefits for such a contingency will be supplemented by up to one hundred percent of the salary. base plus the quoted personal base salary supplement from the first day of the discharge. For such purposes, the supplement to the undertaking in the month of the start date of the temporary incapacity shall be recalculated.

To be entitled to the receipt of any type of supplement due to temporary incapacity, social security or the mutual of accidents must recognize the right to payment of the financial benefits for such situation. The supplement shall apply to the amounts paid for social security or for the mutual of accidents.

If by higher-ranking rule, during the term of the agreement, the amount of the economic benefits granted by the Public Administration for these cases will be modified, the companies will be able to decrease in the same percentage of their benefits.

In cases of low risk for pregnancy the sum of the complementation in charge of the company and the provision of social security, must guarantee the collection of the group base salary.

To reduce the levels of absenteeism (understanding as such both temporary incapacity, justified or non-justified faults and permits and licenses of all kinds), workers who have worked as a whole will be awarded the days referred to in Article 27.2 during the calendar year, with one day of paid leave to be enjoyed, together with one of the two annual leave periods, in the following year. The licence shall also be entitled to a licence where a single work accident is not exceeding 30 consecutive days in the year.

When the rest period fixed in the holiday calendar coincides in time with a temporary disability arising from pregnancy, childbirth or natural lactation or with the period of suspension of the contract of employment provided for in Article 48.4 and 48.bis of the Staff Regulations, the right to enjoy the holiday on a date other than that of the temporary incapacity or to the enjoyment of the permit to be paid to him by application of that provision, at the end of the period of suspension, even if the calendar year is over, and always that the general legislation grants such a right, and in the legally established terms and time limits.

In the event that the holiday period coincides with a temporary incapacity for contingencies other than those mentioned in the previous paragraph that makes it impossible for the worker to enjoy them, in whole or in part, during the year natural to which they correspond, the worker may do so once his incapacity is completed and provided that no more than 18 months have elapsed from the end of the year in which they originated.

CHAPTER VIII

Reconciliation of work and family life

Article 32. º

The rights of workers with children will be taken into account by companies in the organization of work, the general legislation of affectation and what is expressed in this chapter.

Item 33.

Job shift preference choice. Workers with children under three years of age will be entitled to a preference for new hires at the choice of shift or working time.

The option will be requested in writing before the second month following the entry into the job after the maternal discharge.

The shift may be covered in any center of the province, as well as permuses with workers from other centers.

Article 34. º Paid Permissions.

Workers will be entitled to the following paid leave:

I. Three days in the case of death, accident or serious illness or hospital admission, first-degree relatives of consanguinity or spouse. When the worker is required to make an offset to the effect outside the province, the time limit will be five days.

During the hospitalization time of first-degree family or spouse due to illness or serious accident, the worker may have his or her license in full days. In the event of separation of the days, the work of the latter may not exceed those which would have been for him to start the licence under normal conditions on the day when the hospitalization or accident occurred.

Two days in the cases of surgical intervention without hospitalization that requires home rest, from relatives to the second degree of consanguinity or affinity, when the worker needs a displacement. The deadline shall be four days.

II. A natural day in the case of marriage of parents, children, siblings, or political brothers, at the date of the celebration of the ceremony.

III. Leave for assistance to a doctor's office. -Where, by reason of illness or any of your children under the age of 16, provided that the disease is not permanent or that it is a recurring situation, the workers who require medical practice in hours that coincide with that of your working day, you will see, without loss of pay, the necessary permission for the precise time to the effect, having to justify the same with the corresponding one Visa for the optional social security, in which you will have to record day and time of the visit medical.

Equal permits will be enjoyed by pregnant workers for prenatal screening and delivery techniques.

The licenses referred to in this article also apply to legally registered couples and provided that such registration has been communicated to the company's management prior to the license request.

In cases of gender-based violence, found in accordance with the provisions of Law 1/2004, the time necessary for the assistance of the worker to care (psychological or physical medical) of the social service corresponding to social security.

Except for compliance with the content of this article, companies that maintain a payroll of less than three workers in each work center, in which case they will be referred to in the current legislation on matter.

Article 35. º Other paid licenses.

Without prejudice to the above articles, the worker, after warning and justification, may be absent from work, entitled to receive the group salary plus personal allowances, for reasons and reasons. Next time:

A) Sixteen calendar days in case of marriage or fact. In the latter situation, the worker must accredit the same by means of a certificate of the corresponding public register of the autonomous community. In any event, such a licence may not be enjoyed again until a minimum period of two years has elapsed since the previous licence.

B) Five days in the case of child birth.

C) One day per year per transfer from the usual address, after a fortnight's notice. The removal of the worker must justify the transfer.

D) The precise hours to ensure the attendance of workers ' final exams, when these studies are of official or academic nature. In such cases, they shall provide the administrative justification for their application.

E) For the time indispensable for the fulfillment of an inexcusable duty of public and personal character. Where compliance with the duty referred to above involves the impossibility of the provision of the work due, in more than 20% of the working hours of a period of three months, the undertaking may pass the undertaking to the worker concerned Article 46 (1) of the Staff Regulations of the European Parliament and of the Council

the European Parliament

F) For the time established for the enjoyment of general educational and vocational training rights in the cases and in the forms regulated by the legislation in force.

g) Processing of permits for adoption and acceptance with the limit of two days.

As a general rule in any of the cases referred to in the different paragraphs, the worker must duly justify to the company his/her inclusion in any of these licenses.

Article 36. º Unpaid Permissions.

Workers who take the company's service for more than three years may apply for unpaid leave of between one month at least and three at most.

The companies, within 15 days, will respond favourably to requests made in this respect, on the basis of justification and written request, unless the granting of licences will seriously affect the process. production and organisation of the work centre or you will find yourself enjoying this right at the same time as another worker from the same working centre.

To be entitled to a new license, at least two full years must elapse from the date of termination of the previous one.

Article 37. º Maternity.

Maternity workers will be able to join the maternity leave period for the holidays.

Workers may, before the start of the maternity leave period, apply for unpaid leave entitled to a job reserve for a period of not less than 15 days and not more than one month, announcing the exercise of this right 15 days in advance. During this period the company will have an obligation to quote the worker to social security.

In the event that female workers wish to exercise this right for a longer period of time, which in no case will be more than three months in advance of maternity leave, they may do so with the same warning as the case may be. In the preceding paragraph, undertakings shall be required to maintain the price of such shares for a maximum period of one month, which shall, necessarily, be the same as the one immediately preceding the time of the commencement of maternity leave.

Article 38. Paternity.

In the cases of child birth, adoption or acceptance, the worker shall be entitled to the suspension of the contract for 13 uninterrupted days, which may be extended in the case of childbirth, adoption or multiple acceptance in two days more for each child from the second. This suspension is independent of the shared enjoyment of the maternity rest periods of the previous article.

Article 39. Breastfeeding.

Breastfeeding workers of a child under the age of nine months may choose to replace the right referred to in Article 37.4 of the Staff Regulations by the reduction of half an hour in their journey which will coincide with the start or the end of the usual working day.

Prior notice of no less than 15 days, workers may accumulate a maximum of fourteen calendar days in the period of maternity leave, in compensation for not enjoying this right of reduction of the daily working day.

In the case of multiple births, workers may enjoy the right of the previous paragraph for each of the children.

This right may be exercised interchangeably by the mother or father in case both work.

Article 40. º Legal Guardian.

Who for reasons of fair care has to their direct care some under eight years or a person with physical, mental or sensory disability, who does not perform a paid activity, will be entitled to a reduction of the day of daily work, with the proportional reduction of the salary between, at least, an eighth and a maximum of half of the duration of that.

It will have the same right to care for the direct care of a family member, up to the second degree of consanguinity or affinity, which for reasons of age, accident or illness cannot be used by itself, and which does not perform paid activity.

In the development of the provisions of article 37.6 of the recast of the Law of the Workers ' Statute and in Law 39/99 of reconciliation of work and family life, it is understood by ordinary working day of each worker those days of the week and, within them, the moments of the day, schedules or rotating shifts in which the worker has planned the obligation to work, except for a pact to the contrary between the company and the worker.

In cases where a number of workers in the same working centre are in agreement with this or other similar measures, the effective working hours are to be adjusted by common agreement between the worker and the undertaking. they are left without meeting the productive needs of the centre of work in which they provide their services. In the case of being unable to reconcile the schedules between different workers, it will be preferable for the election to first ask for the reduction in these causes.

When the time chosen for this last cause is denied, the name or names of the workers concerned must be brought to the attention of the applicant.

Article 41. º Excedence.

Excess may be voluntary or forced. The force, which will be entitled to the preservation of the post and the calculation of the age of its validity, will be granted for the designation or election of a public office that makes it impossible for them to attend the job. The re-entry shall be requested within the month following the end of the public office.

Those who hold elective positions at the provincial, regional or state level, in the most representative trade union organizations, will be entitled to forced leave, with the right to reserve the job and to the seniority for the duration of the exercise of his representative office, and must be entered in his post within the month following the date of termination.

The worker with at least one year's seniority in the company is entitled to apply for voluntary leave for a period of no less than four months and no longer than five years. This right may only be exercised by the same worker again if four years have elapsed since the end of the previous leave.

Requests for excess will be resolved by the company within a maximum of one month, taking into account the needs of the work, and those requests are based on completion of studies, family and other requirements. analogous.

The right to return to the company will be lost if it is not requested by the interested party/at a time in advance of fifteen days to the date of completion of the period that was granted to the company.

Article 42. º Care for Child Care.

Workers shall be entitled to a period of leave of absence of not more than four years to take care of the care of each child, whether by nature or by adoption or in the case of a child. permanent as a preadoptive, to be counted from the date of birth or, where appropriate, of the judicial or administrative decision. In these cases, the job reserve will be for one year.

The period in which the worker remains in that situation of leave shall be computable for the purposes of seniority and the worker shall be entitled to assistance to vocational training courses, to whose participation he must be called by the employer, especially on the occasion of his reinstatement. In the case of a large family, they will be entitled to the reserve of their job for the first two years. After that period, the reserve shall be referred to a post of the same professional group or equivalent category.

The right to leave is extended to cases of care for a family member, up to the second degree of consanguinity or affinity, which for reasons of age, accident, illness or disability cannot be used by itself and not carry out paid activity. In these cases, the job reserve will be for one year.

The worker with children under the age of 14 years to whom the spouse dies will be entitled to two months ' leave of absence.

Article 43. º Discount on purchases.

Companies will recognize workers ' right to access to the best purchasing conditions they have established or can set up businesses.

CHAPTER IX

Social Conditions

Article 44. º Life Insurance.

Companies will form collective insurance covering a minimum of € 15,000 in cases of natural death, death by accident, whether or not considered as work, absolute permanent incapacity or great invalidity.

Companies will deliver copy or certificate of the collective insurance subscribed to each worker.

The worker may freely designate the beneficiary of such insurance, if it does not do so, shall be subject to the right of succession in force.

Article 45. º Workings.

To the workers who proceed (warehouses, transfer, etc.), included in this convention, they will be provided by the company, in uniform and other garments, with a minimum of two, in the form of useful work, of the known and typical for the realization of the various and various activities that the use has been advising.

The provision of such garments must be made at the beginning of the employment relationship between the companies and the workers in the number of two garments which will be replenished in successive annuities.

The company that requires merchant personnel to use a certain type of uniformity will make it easier for them to make the appropriate garments that they will not be required for as long as they are not supplied. Companies may replace the delivery of the garments with the payment of the garments; in no case shall the worker finance the purchase.

The addresses of the companies and the respective Legal Representations of the Workers will define the regime and type of garments to be delivered to the workers in the light of the legal requirements outlined in the law of prevention of occupational risks among the different collectives.

Article 46. Training in the job.

Those workers who regularly take official courses to obtain an academic or professional degree will have a preference to choose a work shift, when this is established in the company.

Workers have the right to attend training or retraining courses.

The undersigned companies and central unions of the present text subscribe in all their terms the III national agreement of continuous formation in the functional and territorial areas the referred convention, as better way to organize and manage the training actions to be promoted in the sector.

CHAPTER X

Fouls and Sanctions

Article 47. Disciplinary Regime.

Workers may be sanctioned by the Company's Directorate in accordance with the regulation of the faults and penalties set out in the following paragraphs.

Any failure committed by a worker shall be classified according to his or her nature and circumstances that are mild, severe and very serious.

The list of the faults mentioned below is made without an exhaustive claim, so that any infringement of the current labor regulations may be sanctioned by the addresses of the companies. contractual non-compliance, even if it is not classified in this Convention.

The fines are expressly excluded.

a) Mild high.

1. The unaccountable neglect, error, or delay in the execution of any job.

2. The sum of punctuality in attendance at work from 20 minutes during the period of one month, provided that these delays do not result from the special function of the serious job losses for the job that the company has entrusted, in which case it will be qualified as very serious.

3. Abandonment without justified cause of work, even if for a short time.

4. Small neglects in the preservation of the material and the uniformity.

5. Do not communicate your home changes to the company.

6. Use of particular mobile phones in the workplace.

7. Small oversights or non-compliance with environmental protection measures when it comes to the disposal of waste, waste or waste, etc.

8. Non-compliance by non-national workers with the obligation to deal with the renewal or obtaining of their documentation in a timely way.

b) Severe high.

1. The sum of punctuality faults in the work attendance, not justified, from 30 minutes in the one month period.

2. The lack of work or absence from the job for a day in the one month period without a justified cause. Where damages for the undertaking or the public are caused, it shall be deemed to be very serious.

3. Give yourself to games or distractions, whatever they may be, during working time.

4. Not to be cured in a timely manner or, in any case, after three days from the discharge, the relevant part when the work is missing for justified reasons.

5. The reiteration in carelessness (even the cash differences when individually imputable), unexplained error or delay in the execution of any work.

6. Disobedience to his superiors in the exercise of his duties or duties. If the disobedience is repeated, it implies a manifest breach for the work or of it it will result to the detriment of the company, it can be considered as a very serious fault.

7. Important neglect in the conservation of the company's genera or articles, even uniformity.

8. Do not attend to the public with due correction and due diligence, or lack of respect or consideration.

9. Discussions or altercations with coworkers within the company's dependencies.

10. The lack of grooming and cleaning (personal hygiene, clothing, exaggerated makeup) of such a kind that may affect the activity of food handling, the commercial process or the image of the company, or when it produces a complaint of the customers or of colleagues. Recidivism will be considered to be very serious.

11. Eating during work performance, especially in cases where the work is carried out in the public eye.

12. Modification of schedules with other colleagues without the prior conformity of the address.

13. The recidivism in three minor faults, even if they are of different nature, committed within a period of six months from the first.

14. Failure to comply with safety measures and procedures, including the non-use of garments and protective elements.

15. Where the worker is on a leave of absence basis, he shall not, by means of the appropriate medical certificate of social security, communicate the posting to another geographical place other than the address of the undertaking, prior to the completion of the of the same.

16. Misuse for the first time of the discount card in purchase.

17. The collection of merchandise to oneself or to family members.

18. Failure to comply with laws and other implementing rules in the company, especially in the field of sanitary measures (smoking ban), when they have been duly announced by management.

19. Non-compliance by non-national workers with the obligation to process the renewal or obtaining of their documentation in a timely manner when the company has been warned in a timely manner by the company.

c) Very severe high.

1. Fraud, disloyalty or breach of trust in the arrangements entrusted, as well as in dealing with colleagues or anyone else in the service of the company in relation to work with this company.

2. To conduct trade or industry negotiations on a self-employed basis or another person without the express authorisation of the undertaking, in the case of concurrent activity.

3. To remove, disable or cause damage to materials, tools, tools, machinery, appliances, installations, buildings, materials and documents of the company, as well as to use them for their own use or to remove them from the company's premises without proper authorization.

4. The theft, theft or embezzlement committed both to the company and to the co-workers or to any person inside or outside the company, whatever the amount. You will have the same consideration of the consumption of any product without having previously paid it, as well as selling or charging yourself.

5. Drunkenness or habitual drug addiction when it is negatively affected by performance at work.

6. The violation of the correspondence secret or documents reserved for the company.

7. Disclosure to third parties outside the required reserve data company.

8. Ill-treatment of word or deed, abuse of authority or serious lack of respect and consideration to the managers and managers of the company or their family members, as well as to colleagues and subordinates.

9. The voluntary and continuous decrease in the normal performance of the work, in breach of the legally stated objectives.

10. The provocation of scuffles and pendences with co-workers.

11. Smoking during work performance, especially in cases where the work is carried out in the public eye.

12. The implementation without the appropriate permission of particular works during the working day, as well as the employment for own use of tools or materials of the company.

13. The recidivism in a serious fault, even if it is of a different nature, provided that it is committed within a period of six months from the first.

14. Sexual harassment, by reason of sex or morals.

15. Repeated failure to comply with ordered security measures and procedures.

16. The dejation of responsibility by the heads and leaders.

17. The simulation of illness or accident.

18. The unjustified absence of more than two consecutive days of work.

19. The consumption of drugs of any kind, even their distribution to coworkers or clients, during the working day.

20. Non-compliance, non-compliance or abandonment of the rules and measures established by the law on the prevention of occupational risks or those determined by this convention or by undertakings in development or application thereof, where it may be derived risk to the health or physical integrity of the worker or other workers.

21. Not respecting, knowing the safety measures or regulations, by negligence, carelessness or self-will the hygiene measures or the safety procedures of the work center, as well as in the handling of food or other products that require special quality procedures.

Article 48. º Sanctions Regime.

It is for the management of the company to impose the sanctions in the terms contained in this agreement. The maximum penalties to be imposed in each case on the basis of the seriousness of the misconduct shall be as follows:

For minor faults:

-Verbal assembly.

-Amonstation in writing.

-Suspension of employment and salary up to three days.

For severe faults:

-Suspension of employment and salary of four to fifteen days.

For very serious faults:

-Suspension of employment and salary from sixteen to sixty days.

-Contract termination with loss of all your rights in the company.

Article 49. º sanctioning procedure and prescription.

For the imposition of sanctions, the procedures provided for in the general legislation will be followed.

Very serious faults will be enforced at most six months after their imposition, with the deadline of three months for the serious ones. Failure to do so will prescribe compliance.

In any case, the faults shall be prescribed at 10, twenty and sixty days according to their qualification as being of a slight, serious or very serious one, respectively, since the company was aware of them or within six months of their committed.

CHAPTER XI

Trade union rights

Article 50. Union Hours and Accumulation.

Staff delegates and members of the central committees will enjoy the legally recognized rights and guarantees.

In order to provide higher representation to that of the workplace, the unions with presence in the intercentres committee will be able to use the system of accumulation of hours at the level of the entire company.

Article 51. th Inter-Centers Committee.

In each affected company an interagency committee will be elected and will be appointed among the members of the company committees and staff delegates. The maximum number of committee members shall be thirteen.

The appointment of a member of the interagency committee shall be made by the trade unions by means of communication to the company.

The chosen committee must necessarily maintain the proportionality of the trade unions according to the overall results of the electoral results.

The interagency committee shall assume the powers provided for in Articles 64 and 41 of the ET, where the measures affect more than one working centre.

For the distribution of posts among the unions, the rules laid down in Article 71.2 (b) of the workers ' statute will be followed, replacing the term "union" with the term "union", and the vote valid for the Member of the staff committee or delegate.

Article 52. ° Electoral Colleges.

According to the agreed professional structure the staff distribution, for election purposes, will be carried out as follows:

-Technical and administrative electoral college. -It is composed of the workers assigned to the professional groups III and IV.

-Electoral College of Specialists and Unskilled. -It is composed of the workers assigned to the professional groups I and II.

Article 53. Right to information.

Companies are required to provide a basic copy of the contract, more than four weeks, to be signed by the worker, within a period of not more than ten days and in each working centre, to the legal representation of the employees. (company committee, staff delegate or union delegate), who will sign the receipt, for the purpose of proving that the delivery has occurred.

Article 54. Joint Commission.

A joint committee composed of six members of each of the two signatory parties will be set up, which will necessarily be the subject of prior treatment and a solution to all questions of collective interpretation and conflicts of the same character may arise within the scope of this collective agreement.

The commission will be composed of six representatives from AETCON and six from the trade unions (two for each of the three trade unions). The central banks shall count their vote according to their representativeness.

The matters submitted to the joint committee shall be of a kind or extraordinary nature. Such qualification shall be granted by any of the parts of the same qualification.

In the first case, the joint committee must resolve within 15 days; and in the second, in forty-eight hours.

The following are specific functions of the mixed commission:

1. Interpretation and development of the collective agreement.

2. At the request of the parties, it shall mediate or arbitrate, if it receives the corresponding mandate, in the treatment and solution of any collective issues and conflicts that may arise in the field of application of the present collective agreement.

3. You will be able to perform tasks of monitoring compliance with the agreed upon, and most especially of the mandatory stipulations inserted in the convention.

4. To extend, in advance and compulsory to administrative and judicial channels, in relation to collective conflicts which may be brought by the legitimized for this purpose, to which the joint committee of Interpretation will raise the corresponding minutes.

5. Know and issue a report on the suitability of applications to be submitted by the Directorates and by the legal representatives of third-party workers who develop their work in the workplace the undertakings concerned by the Convention for the implementation of this Convention.

6. If in the future there will be created posts or functions on which there will be discrepancies in order to their prevalent activity for the framing of the same one in one of the professional groups, the commission will be equally competent mixed to resolve them.

Out-of-court settlement of conflicts. In compliance with the provisions of Article 3.3 of the agreement on out-of-court settlement of labour disputes and 4.2.b, of the implementing regulation and, on the basis of the provisions of Article 92.1 of the recast text of the ET Act, agrees to adhere fully and without any conditions to the fifth agreement on out-of-court settlement of labour disputes (A.S.E. C), as well as to its implementing regulation.

Transitional and final provisions.

First transient disposition. Personal complement of seniority.

With the entry into force of the first collective agreement, it was agreed that no other amount would be accrued for seniority other than the one established in that convention.

Thus, all workers affected by the agreement have the right to receive the amount that they have consolidated at the time of publication of the first collective agreement, or that they have consolidated by application of that agreement, maintaining its amount as a more beneficial personal condition, not being absorbable or compensable and revaluing this amount with the increase that is agreed in the present fourth agreement for the remaining salary concepts.

Second transient disposition. Salary guarantee for employees in template at the date of signature of this agreement.

The remuneration conditions laid down prior to this V collective agreement of Convenience Stores shall be completely and completely replaced by those in the present collective agreement.

In those cases where the group base salary, as set out in Article 19 of this collective agreement, is for workers on a template at the time of the signing of the present contract, a lower remuneration than the The difference is to be respected in a personal capacity for the same concept, which will be maintained as a more beneficial personal condition. The above difference shall be called a personal base salary supplement shall not be compensable or absorbable and shall be revalued annually with the increase that is agreed in agreement.

In case of promotion of employees in template to the signing of this agreement will retain the economic rights derived from the previous group base salary in force.

Transient Disposition third.

During the second half of the year 2015 AETCON and the trade union members will jointly evaluate the business behavior in the sector in order to advance agreements regarding the introduction of improvements for the years 2016 and following.

First disposition first.

As not provided for in this Convention, the provisions of the applicable general law shall be provided for.

Final disposition second.

Those companies which are affected by the concurrency of economic, technical, organizational or production causes may proceed to inapply the working conditions provided for in this collective agreement, compliance with the limitations and procedure laid down in Article 82.3 of the recast text of the Workers ' Statute Act.

In this case and with prior character, the Directorate and the legal representation of the workers will proceed to the opening of a period of consultations, which will follow the procedures and temporary duration provided for in the aforementioned article 82.3 of the TRLET.

If there is a discrepancy between the parties, they will subject the Joint Committee to the Convention, and no agreement has been reached within the time limit referred to in Article 82.3 of the TRLET, the parties shall have recourse to the procedures which have been eventually established in the inter-branch agreements of a State or regional level, as provided for in Article 83 of the TRLET

When the consultation period ends without agreement and the procedures referred to in the preceding paragraph are not applicable or have not resolved their differences, the parties agree to submit the discrepancy to the National Consultative Commission of Collective Conventions for the eventual solution of the same.

Third end disposition.

Acting in defense and environmental protection. The parties to this collective agreement consider it necessary for companies and their employees to act in a responsible and environmentally friendly manner, paying attention to their defence and protection in accordance with the interests and concerns of society.

Final disposition fourth.

This convention repeals the preceding convention in all that is not expressly included in this standard rule, except as provided in the first transitional provision of the first collective agreement that remains in force. to the sole effect of their possible use by the companies that are first incorporated into the collective agreement.

Final disposition fifth.

If legal modification changes the regulation of the contracting systems, the parties will be in the negotiating commission to adjust the agreement to whatever is legally available.

ANNEX I

Protocol for the prevention and treatment of situations of sexual, sexual and sexual harassment.

The procedure laid down in this Protocol of Action shall be developed under the principles of rapidity and confidentiality, ensuring and protecting the privacy and dignity of persons subject to harassment.

The rights of persons involved in the procedure will be guaranteed and respected.

The procedure shall be initiated by means of an application for the intervention of the victim of harassment, which shall be submitted to the HR department or to the Occupational Risk Prevention Service.

Workers ' representatives will be able to assist the victim of harassment at their request at all times.

The application for intervention will be submitted in writing and the various acts and incidents will be detailed, the person or persons who adopt the unwanted conduct and the possible witnesses will be identified. and acts.

In order to process this procedure, an instructional commission is created composed of a representative of the prevention service, and a representative of the HR department.

Once the application for action on harassment has been officially notified, the instruction commission shall initiate the training or opening of the information file, which is intended for investigation and verification. of the facts giving individual hearing to all the interveners, witnesses and how many people consider the commission should be personated, including the legal representatives of the workers of the center, practicing how many actions are necessary for the clarification of the veracity of the reported facts, under the principles of confidentiality, speed and contradiction and equality.

Workers if they so wish may be assisted, in their interventions before the investigating commission by a representative of the workers at their choice.

During the processing of the alleged acts, in so far as the organisation of the work permits, the change of the job of the complainant or the person reported shall be facilitated.

The instructional or information phase will end with the commission's pronouncement by drawing up a report that will first be brought to the attention of the complainant.

The Commission has a maximum period of 30 days to give a reasoned decision on the application for intervention. This period shall be initiated from the moment the commission has official knowledge of the application.

When the report finds the existence of harassment, the report shall be forwarded to the head of the HR department. The HR department shall take appropriate corrective action, applying the appropriate legal sanctions. For these purposes the HR address must necessarily listen to the opinion of the members of the investigating committee.

When the report does not consist of harassment situations, or is not possible, fact checking, the case file will be archived by completing the process.

To the extent permitted by the organisation of work, the feasibility of changes in the workplace will be considered, facilitating the change of job, or other alternative measures, when the affected worker is so affected. request.

The Directorate will ensure that workers who consider that they have been subjected to harassment, those who raise a complaint about harassment or those who provide assistance in any process, for example by providing information or acting as a witness, do not be subjected to intimidation, persecution or retaliation. Any action in this regard shall be considered as a matter liable to disciplinary action.

The company will inform workers ' representatives of all sexual or moral harassment cases that occur and end with the imposition of any serious or very serious disciplinary sanctions.

ANNEX II

Women victims of gender violence

The female victim of gender-based violence will be entitled, to make her protection or her right to comprehensive social assistance effective, to the reduction of the working day on the same terms as established for the reduction of working time by legal guardian in the Staff Regulations and in this Convention.

The female victim of gender-based violence who is forced to leave the job in the locality where she was providing her services, to make her protection effective or her right to comprehensive social assistance, have the right to take up another job, from the same professional group, which the undertaking has vacant in any other of its workplaces.

The transfer or change of work centre will have an initial duration of six months, during which the company will have an obligation to reserve the job previously occupied by the worker.

Finished this period, the worker will be able to choose between the return to her previous job or the continuity in the new one. In the latter case, the said reserve obligation shall lapse.

The employment contract may be suspended by decision of the worker who is forced to leave her job as a result of being a victim of gender-based violence. The period of suspension shall have an initial duration which shall not exceed six months, unless the proceedings of judicial protection have resulted in the effectiveness of the victim's right of protection requiring the continuity of the suspension. In this case, the judge may extend the suspension for periods of three months, with a maximum of eighteen months.

The employment contract may be terminated in accordance with the provisions of Article 49 of the ET, by decision of the worker who is obliged to leave her job permanently as a result of being a victim of gender-based violence.