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Resolution Of 8 October 2013, Of The Directorate-General Of Employment, Which Is Recorded And Published The Text Of The Iv Collective Agreement State Industries Of Catchment, Elevation, Conduction, Treatment, Distribution, Sanitation And...

Original Language Title: Resolución de 8 de octubre de 2013, de la Dirección General de Empleo, por la que se registra y publica el texto del IV Convenio colectivo estatal de las industrias de captación, elevación, conducción, tratamiento, distribución, saneamiento y de...

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TEXT

Having regard to the text of the Fourth State Collective Convention of the industries for the collection, raising, driving, processing, distribution, sanitation and purification of drinking and waste water (Convention code number 99014365012003), which was signed dated July 5, 2013, on the one hand, by the Spanish Association of Management Companies of the Services of Water to Populations (AGA), representing companies in the sector, and from another, by the Federation of Industry and Workers Agricultural of the UGT (FITAG-UGT) and the Federation of Citizenship Services of CC.OO. (FSC-CC OO.) on behalf of the employees, and in accordance with Article 90 (2) and (3) of the Law on the Staff Regulations, recast text approved by Royal Decree-Law 1/1995 of 24 March, and in the Royal Decree 713/2010 of 28 May on the registration and deposit of collective agreements and agreements of work,

This Employment General Address resolves:

First.

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

Second.

Arrange your publication in the "Official State Bulletin".

Madrid, October 8, 2013. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.

IV STATE COLLECTIVE AGREEMENT OF THE INDUSTRIES OF COLLECTION, ELEVATION, CONDUCTION, TREATMENT, DISTRIBUTION, SANITATION AND PURIFICATION OF DRINKING AND DRINKING WATER

CHAPTER I

Identification Rules

Article 1. Legal nature of the collective agreement, effectiveness and obligations.

This Collective Labour Convention is the result of free negotiation between the signatory parties for the drafting of the Fourth State Collective Convention of the Industries of Catching, Elevation, Driving, Treatment, distribution, sanitation and purification of drinking water and waste water.

Given the normative nature and general effectiveness, which is given to it by the provisions of Title III of the Staff Regulations and the representativeness of the undersigned organizations, this Convention shall be binding. compliance with all associations, entities, as well as companies and workers, within the overall water cycle in their functional, personal and territorial areas.

Article 2. Parties to this Collective Agreement.

These are parties to the present state collective agreement of the industries for the collection, elevation, conduction, treatment, distribution, sanitation and purification of drinking and drinking water, on the one hand, the Federation of Industry and Agricultural Workers of the UGT (FITAG-UGT) and the Federation of Citizenship Services of CCOO (FSC-CCOO), as a representation of workers and workers, and on the other hand, the Spanish Association of Gesture Companies Water to Populations (AGA) services, as business representation.

Both parties recognize each other's legitimacy to negotiate this collective agreement.

Article 3. Functional scope.

This collective agreement regulates working conditions between companies and workers whose economic activity falls within the total or partial management of the so-called integral water cycle: Collection, elevation, driving, treatment, including desalination, distribution of drinking water for both domestic and industrial uses, and evacuation by sewerage, sanitation and sewage treatment networks, both urban as industrial, whether it be public services provided by companies or private or public entities, or activities provided for private companies.

For better accuracy, it is specified, by way of express exclusion, that this agreement will not apply to public bodies, with or without legal personality, which, in the activities mentioned in the paragraph (a) to carry out their duties through personnel subject to the rules governing the public service, not being excluded from work in the public sector, in the event that such staff is not subject to the rules of the public function or collective agreement of its own.

Article 4. Territorial scope.

This collective agreement will be applicable throughout the Spanish territory, serving as an additional right for those areas which, governed by their own Convention, may suffer some kind of regulatory vacuum.

Article. 5. Personal scope.

The present working conditions will affect all the employees employed in the companies included in the above areas, with the exception of those workers who maintain with their companies a special employment relationship of senior management under Royal Decree 1.382/1985, of 1 August, governing the special employment relationship of senior management staff.

Article 6. Temporary scope and denunciation of the Convention.

This collective agreement shall enter into force on the date of its signature, without prejudice to the application of the salary tables and the other matters expressly stated to be from 1 January 2011 to 31 December 2011. December 2014.

The denunciation of the Convention shall be made one month in advance of its expiration, extending from year to year, if it does not mediate the express denunciation of the parties.

Denounced the collective agreement, this will remain ultra-active up to the maximum period of 3 years from the date of expiration of the validity of the collective agreement, with the definitive remuneration established corresponding to the year of expiration.

During the negotiation period of the new Convention, or during its extensions if the Convention has not been denounced, or has not been denounced in time, the Collective Agreement shall remain in force with the final remuneration. established for the year 2014.

The parties undertake to constitute the negotiating table of the following collective agreement in the following month following the denunciation of the Convention.

Article 7. "ad personam" warranty.

The most beneficial conditions will be respected for working people to be recognized, in a personal capacity, by companies, as this collective agreement, considered as a whole and annual computation, enters into force.

Article 8. Binding to the entire.

The conditions agreed in this Collective Agreement form an organic and indivisible whole and for the purposes of their practical application they will be considered globally in their annual computation.

CHAPTER II

Structure of the sectoral collective bargaining agreement and character of the subject matter of collective agreement

Article 9. Structure of collective bargaining in the sector

1. This collective agreement has been negotiated in accordance with the provisions of Article 83.2 of the Workers ' Statute and articulates collective bargaining in the sector of the integrated water cycle industries which is structured by the next way:

1. º The State level, represented by this Collective Agreement, which regulates the working conditions of application in all its scope of affectation with the validity that is established in it.

2. The territorial or provincial territorial levels, which will be able to develop the areas of their competence, as well as to apply, in these areas, the sectoral agreements of state level that can be agreed for the duration of this Convention.

3. The enterprise or lower scope levels.

2. The relations between the different conventional levels mentioned in the previous paragraph will be subject to the rules laid down in the current regulations.

Article 10. Rules for the articulation of matters between the levels of negotiation of a sectoral nature.

1. The articulation of negotiating powers between the levels of sectoral negotiation shall be governed by the following rules:

A) The sectoral collective agreement at the State level is responsible for regulating the following matters on an exclusive basis:

Structure of collective bargaining in the sector.

Hiring Modes.

Test Periods.

System of professional classification, without prejudice to its development and the standards of adaptation to be established at the lower sectoral levels.

Disciplinary regime.

Minimum standards in occupational health and occupational risk prevention

General guidelines on equality between men and women.

General criteria for setting and applying discount clauses.

Business subrogation in the industry scope.

Wage structure of the entire sector, without prejudice to its adaptation to the particularities of each company.

B) The sectoral Conventions at the lower territorial level may regulate, inter alia, the following subjects:

The concreteness and implementation of the remuneration concepts, as well as the amounts of economic perceptions and other social concepts.

Licenses, permissions, and excess.

General rules for work and productivity management.

Annual day, vacation, and breaks.

Compensation for work of longer duration, availability and overtime.

Any other non-regulated matter in the state collective agreement.

2. The matters referred to in paragraph (A) of the preceding number may not be subject to negotiation by the lower sectoral levels.

3. Sectoral agreements with a regional or regional territorial scope may negotiate any matters other than those reserved for the exclusive competence of the State Convention and, consequently, those matters shall apply in their own terms. Regarding the sector's wage structure, the following is agreed:

(a) Apply, under the provisions of Article 83.2 of the Staff Regulations, the remuneration structure which is developed in this collective State Convention to the new sectoral collective agreements of lower scope, now non-existent, that may appear in the future.

b) progressively adapt the wage structure of the existing lower-level sectoral collective agreements to the wage structure of this Convention.

4. This State Convention shall apply in the absence of a sectoral Convention with a lower territorial scope, or in matters where such Conventions are referred to it. It shall also be of an additional nature in respect of any other matters in which there may be a vacuum of regulation.

Article 11. Concurrency solution rules between trading levels.

1. Sectoral collective agreements falling within the scope of the State which are in force at the time of the entry into force of this Collective Agreement shall remain in force, in all their content, until the end of the term agreed.

However, the legitimate parties may agree to the early denunciation of those Conventions, establishing, in accordance with the rules of distribution provided for in the preceding article, the matters governed by this Agreement. Immediate application convention.

2. The collective agreements of undertakings which are in force shall be applied in preference to the sector conventions, regardless of their scope.

However, the rules contained in the State Convention will have the function of an additional right for the company Conventions, in those matters reserved for the State Convention.

The conflicts of competition between the sectoral and company Conventions, other than those mentioned in the preceding paragraphs, will be resolved by the application of the rules laid down in Article 84 of the Staff Regulations. Workers.

CHAPTER III

Organization of work and professional structure

Article 12. Organization of the job.

The organization of work, as prescribed in this collective agreement and in the legislation in force, is the faculty and responsibility of the management of the company.

The purpose of the work organization is to achieve an adequate level of productivity in the company based on the optimal use of human and material resources. This is possible with an active and responsible attitude of the members: Company and staff.

Without the right referred to in the first paragraph, workers 'and workers' representatives (hereinafter RLT) will have the functions of guidance, proposal, issuance of reports, etc., in relation to the organisation and rationalisation of work, in accordance with existing legislation and in accordance with the provisions of this collective agreement and what is agreed in each undertaking and/or development work centre.

The template will be the one that at each moment is appropriate at the discretion of the management of the company for the correct exploitation of the public service that the company has entrusted, without prejudice to the competences attributed to the RLT in the current legislation.

Article 13. Functional classification.

1. Workers who are active in the field of this collective agreement shall be classified in the light of their professional skills, qualifications and general content of the provision.

2. This classification will be carried out in professional groups, defined by interpretation and application of the assessment factors and by the most representative basic tasks and functions that, in each case, the workers and the workers perform. Within some of the groups, as defined, different functional areas may be established in the terms referred to below.

3. By agreement between the worker or the worker and the corresponding undertaking, within the framework laid down in this collective agreement, the content of the objective work performance of the contract of employment, as well as the insertion into the contract, shall be established. appropriate professional group.

4. Annex 2 to this Convention includes, for a purely enunciative purpose, the correspondence between the present professional groups with the former professional categories and posts, without meaning, at any time, that they are Professional categories continue to exist, and no professional categories exist in each group.

Article 14. Framing factors within the professional classification structure.

1. The framing of the working persons falling within the scope of this collective agreement, within the structure of professional classification in the established one, and, consequently, the allocation to each of them of a a specific professional group will be the result of the joint weighting of the following factors: Knowledge, experience, initiative, autonomy, responsibility, command, complexity and qualifications.

2. The assessment of the above mentioned framing factors shall take into account the following aspects:

(a) Knowledge and experience: For the assessment of this framing factor, in addition to the basic training required to perform the tasks correctly, the experience previously acquired and the difficulty involving the acquisition of such knowledge and experience.

b) Initiative: To assess this framing factor, the degree of follow up to standards or guidelines for the execution of tasks or functions will be taken into account.

c) Autonomy: For the assessment of this framing factor, the degree of hierarchical dependency in the performance of the tasks or functions that are developed will be taken into account.

d) Responsibility: For the assessment of this framing factor, account shall be taken of the degree of autonomy of action of the function holder, the level of influence on the results and the relevance of the management on human, technical and productive resources.

e) Command: For the assessment of this framing factor, account will be taken of the degree of supervision and management of functions and tasks, the ability to interrelate, the characteristics of the collective and the number of persons on whom the command is exercised.

f) Complexity: The assessment of this framing factor will take into account the number and degree of integration of the various factors previously listed in the task or given.

g) Titling: For the assessment of this framing factor, account shall be taken of the qualifications held by the worker or worker.

3. The professional groups and the organic and functional divisions contained in this collective agreement have a purely enunciative character, without each of them having to be considered necessarily in the respective organizational structures of undertakings, and may, where appropriate, establish corresponding assimilations.

Article 15. Professional groups.

1. The system of professional classification is organized through professional groups, integrated by functional areas that bring together the existing jobs in the sector.

2. For the purposes of the above paragraph,

following definitions shall apply:

(a) Professional Group: A unitary pool of professional skills, degrees and general content of the benefit characterized by the identity of framing factors.

b) Functional areas and specialties: The grouping of the jobs of various specialties.

Functional areas, common to all professional groups, are as follows:

1. Technical: Includes functions, tasks and tasks of an eminently technical nature, for which a certain degree of qualification, experience and skills acquired by university degree are required (degree, master's degree). or PhD), vocational training of a medium or higher degree, or certificate of equivalent professionalism.

2. Administrative: Includes functions, tasks and tasks relating to the administration, organization, economic management and personnel for which a certain degree of qualification, experience and skills are required acquired by university degree (degree, master or doctorate), vocational training of a medium or higher degree, certificate of equivalent professionalism or compulsory secondary education.

3. Operaria: Includes the functions and tasks that, not forming part of the above, are developed by personnel who, with a certain degree of training and based on their knowledge, perform tasks corresponding to the qualified specialties as such in the present collective agreement.

c) Speciality: The homogeneous pool of jobs within each professional group and functional area.

3. The basic content of the individual work benefit agreed upon will be determined by the worker's attachment to a certain functional area within a professional group. The worker or worker must carry out the duties of the job of his or her specialty, without further limitations than those required by the academic or professional qualifications required for the performance of the work and in accordance with the provisions of this Collective Agreement.

4. The criterion of the worker's attachment to a job and to a specific functional area will be determined by the prevalence of the functions performed.

Likewise, the criteria for the assignment of a specific job or occupation to a functional area will be determined by the working time, with respect to the annual working day, dedicated to the functions contained therein.

5. The staff included in the scope of this collective agreement shall be classified by reason of the role played in the professional groups established here:

Professional Group 1:

1. General criteria: tasks to be carried out according to specific instructions, clearly established, with a high degree of dependency or supervision, which preferably require physical effort or attention and which do not require specific training, except the occasional of an adaptation period.

2. Training: Experience acquired in the performance of an equivalent profession and qualification as a school graduate or compulsory secondary education (ESO), certificate of education or equivalent.

Professional Group 2:

1. General criteria: This professional group is divided into two levels (A and B) according to its degree of initiative and responsibility.

Level A: Tasks that consist of the execution of operations that, even if they are performed under specific instructions, require some initiative and adequate professional knowledge and practical skills and that can be entrusted with direct supervision of the work done by their collaborators or collaborators.

Level B: Tasks consisting of operations carried out following specific instructions, with a high degree of supervision, which normally require professional knowledge and practical skills and whose responsibility is limited by direct or systematic supervision.

2. Training:

Level A: Titulation or knowledge acquired in the performance of their profession equivalent to medium-grade vocational training, first-degree vocational training, or certificate of equivalent professionalism, completed with job-specific training.

Level B: Titulation or knowledge acquired in the performance of their profession equivalent to School Graduation or Compulsory Secondary Education (ESO), completed with specific training in the job.

Professional Group 3:

1. General criteria: This professional group is divided into two levels (A and B), depending on your degree of initiative, responsibility and command.

Level A: Functions that integrate process management and procedures that can be heterogeneous in nature, requiring extensive knowledge as well as initiative and involve coordination and direct coordination or indirect work done by his collaborators and collaborators.

Level B: Functions that involve the integration, coordination and monitoring of homogeneous tasks, which require extensive knowledge as well as initiative. They can have direct supervision over the work done by their collaborators and collaborators.

2. Training:

Level A: Titulation or knowledge acquired in the performance of their profession equivalent to baccalaureate, multi-purpose unified baccalaureate, higher-grade training cycles or second-degree vocational training or equivalent professional certification, completed with a long experience in the workplace.

Level B: Titulation or knowledge acquired in the performance of their profession equivalent to baccalaureate, polyvalent unified baccalaureate, middle-grade training cycles, first-degree vocational training or certification equivalent professional, completed with a long experience in the job.

Professional Group 4:

1. General criteria: Functions with or without command responsibility with a high degree of autonomy and initiative that involve complex tasks with an important content of intellectual activity or human interrelation.

2. Training: Titulation or knowledge acquired in the performance of their profession equivalent to first-cycle university degrees or middle-grade university studies, completed with a specific training in the job.

Professional Group 5:

1. General criteria: Functions that involve the realization of technical, complex and heterogeneous tasks, with defined global objectives and high degree of demand in autonomy, initiative and responsibility and that can behave a responsibility direct on one or more functional areas. They usually carry command responsibility over the organization that can affect one or more collaborators and collaborators

2. Training: Titling or knowledge acquired in the performance of their profession equivalent to first-cycle university degrees or middle-grade university studies, completed with a long experience in their professional sector, or titles second-or third-cycle university students, or higher-grade university studies, completed with a specific job training.

Professional Group 6:

1. General criteria: Functions that involve the implementation of technical, complex and heterogeneous tasks that integrate responsibilities on planning, organization, direction and coordination, with defined and broad-based global objectives demand for autonomy, initiative and responsibility. Also those that may involve a complete responsibility for the management of one or more functional areas from broad broad guidelines. All with responsibility for command and direction of people or teams.

2. Training: Titling or knowledge acquired in the performance of their profession equivalent to first-cycle university degrees, or middle-grade university studies, completed with a long experience in their professional sector, or second or third degree university degrees or higher grade university studies, completed with a specific job training.

A summary table on general criteria, training and determining factors for each professional group is included in Annex 2.

Article 16. Functional mobility.

1. The working person must comply with the instructions of the employer or person to whom he delegates in the normal course of his or her organisational functions and directives, and must carry out the work and tasks entrusted to him, within the meaning of the general of the labour supply. In this regard, functional mobility may be carried out within the undertaking, exercising as a limit for it, the provisions of Articles 22 and 39 of the Staff Regulations.

2. Functional or organic divisions within the same professional group shall not constitute an obstacle to functional mobility. In any case, this mobility will take place within the group, with the limit of the suitability and aptitude required for the performance of the tasks entrusted to the worker/worker in each job, after completion, if this is the case. necessary, of simple processes of training and adaptation.

3. The performance of duties of a higher or lower group shall be carried out in accordance with Article 39 of the Staff Regulations and the provisions of this collective agreement. However, due to the fact that in each municipality there are several facilities (ETAP ' s, EDAR's, public service offices, etc.), in which the assigned human resources are limited by the activity they perform, the flow they treat, the the population to which the product is supplied, the stocks of the product specification, etc., the parties agree that there will be broad functional mobility or functional multipurpose mobility in order to enable all the work carried out on these premises to be developed by personnel assigned to such facilities.

4. Even though it is a matter of the right to be necessary and considering that business decisions can affect individual, plural or collectively individual workers, collective agreements that in this field can be dictated, they can establish In this respect, information and consultation tools, as appropriate, as well as procedures for resolving discrepancies, taking into account in this respect the provisions of the 5th Agreement on the Autonomous Solution of Labour Conflicts (Extra-Judicial System) in the field of mediation and arbitration.

Article 17. Jobs with top group functions.

1. For organisational, production or recruitment needs, the worker/worker may be assigned to a post of a higher group than he has recognised for a period of not more than six months for one year or eight months for two months. years, having the right to perceive, as long as it is in such a situation, the remuneration corresponding to the function effectively performed.

2. After that period, the worker or worker may claim the appropriate professional classification from the undertaking and, if the latter is not to be resolved favourably, within 15 days of the RLT, if appropriate, to complain to the competent jurisdiction, and shall have effects, if the complaint is estimated and the relevant decision is signed, from the day on which the person concerned has requested, in writing, its proper classification.

3. Where higher group functions are performed, but the change in group does not apply because the person concerned does not meet the precise requirements in this respect, the person concerned shall be entitled to receive the remuneration difference between the group allocated and the the function effectively performed.

4. Except for the above, the work of a higher group which the working person carries out, in agreement with the company, in order to prepare for the change of group or because it wishes to acquire practical experience in top-level functions.

5. The provisions of this Article shall not apply, except as regards remuneration, in the case of replacement by suspension of contract with a job reserve in favour of the replaced working person, in which the Replacement shall comprise all the time during which the circumstances have been motivated.

Article 18. Jobs with lower group functions.

1. The undertaking may, for the purposes of permanent, temporary or unforeseeable needs, provide a worker or a worker with a task corresponding to a professional group which is less than his or her own for the time required, and shall communicate it to the RLT, if the person concerned is unable to do so, provided that such mobility is carried out without prejudice to the dignity of the working person and without prejudice to his professional training and promotion. In this situation, the worker or the worker will continue to receive the remuneration which, for his/her group and previous function, corresponds to him.

2. A worker or a worker may only be required to carry out his or her own work of a lower group during the period of time, without prejudice to the fact that any working person may carry out ancillary and complementary tasks to his or her duties. usual.

3. If the destination of the lower professional group has been requested by the working person, the remuneration corresponding to the function actually performed shall be allocated to the person concerned, but he may not be required to carry out group work above the one for which he is paid.

Article 19. Geographical mobility.

This subject will be subject to the provisions of the current implementing legislation.

CHAPTER IV

Hiring and Retirement

Article 20. Hiring and testing period.

Employment recruitment will be carried out in general in accordance with the different procurement procedures provided for in existing legislation.

1. New income workers, regardless of the contractual arrangements, may be subject to a probationary period provided that it is agreed in writing, the maximum duration of which shall be:

a) Groups 4, 5 and 6: Six months.

b) Groups 1, 2, and 3: Three months.

2. During the probationary period, the decision of the contraa may be taken at the request of either party without the need to invoke the justification or to respect the periods of notice, and in no case shall it entitle the worker to receive compensation compensation.

3. After the trial period without the withdrawal of the contract, the contract will have full effects, with the time of the services rendered as seniority of the worker or worker in the company.

4. Situations of temporary incapacity, maternity and adoption or welcome, and in general, any suspension of the contract which affects the worker or the worker during the probationary period, will interrupt the calculation of the contract.

Article 21. Eventual contracts due to circumstances of production.

In accordance with the provisions of Article 15.1.b) of the Staff Regulations, the maximum duration of any contract for the circumstances of the production shall be 12 months within a period of eighteen months.

In the event that the contract is concluded for a period of less than the maximum duration laid down in the previous paragraph, it may be extended by agreement of the parties, without the full duration of the contract and its extensions being able to exceed that maximum duration.

Article 22. Contract of work for the performance of a given work or service.

1. The duration of the contract shall be that of the time required for the performance of the work or service, without it being able to exceed its duration, in no case, the four years.

2. When formalizing these contracts, it must be specified clearly and precisely what the cause or object is that justifies its formalization.

Article 23. Partial retirement and replacement contract.

In this regard, the provisions of the general labour regulations and the social security regulations in force at any time, as well as the agreements agreed in the various companies, will be in place as long as they can be carried out. in accordance with the social security and labour regulations outlined above.

Article 24. Notice of the termination of the work contract.

1. In the case of contracts of a fixed duration of more than one month, the undertaking or the working person shall notify the other party of its late decision at least seven calendar days in advance, unless the duration is greater than one calendar day. year in which case the notice period may not be less than 15 calendar days.

2. Neither the company nor the working person are obliged to respect the aforementioned period of notice when the termination of the contract is carried out for the non-improvement of the probationary period established in the contract.

3. Due to the possible existence of business difficulties for the search for a substitution in cases of extinction by will the working person, this person will have to advance their voluntary absence in the same one with a minimum advance of fifteen days natural to the date of termination.

4. The omission by the undertaking or the working person of the notice period shall entitle the other party to receive an amount equivalent to the wages corresponding to the period, in whole or in part, in breach, which must be settled in the termination of the contract.

CHAPTER V

Promotion and promotions

Article 25. Professional promotion. General principle.

Companies will contribute effectively to the application of the principle of non-discrimination and to their development under the concepts of equal conditions in work of equal value, developing a positive action in particular in the conditions for recruitment, training and promotion, so that, on an equal basis, the most qualified persons in the professional group concerned shall have a preference.

Article 26. Coverage of vacancies and promotions.

1. Vacant positions in undertakings may be provided at the discretion of the undertakings or be amortised if they are deemed necessary, in accordance with the level of activity, technological development or other circumstances that will advise such a measure.

2. The criteria for the provision of vacant places may be of free designation or internal, horizontal or vertical promotion, in accordance with the criteria in this collective agreement established.

3. Jobs which are to be filled by staff whose professional exercise shares command or special duties at any level of the organisational structure of the undertaking shall be covered by the free system. designation. These tasks are included in the professional groups 4, 5 and 6, and in those of the professional group 3, when they have specific command functions.

4. For the promotion of jobs in which the free designation by enterprises does not apply, they shall, as a priority, promote internal promotion among their employees, in accordance with objective evidence of merit, capacity and training, with the participation of workers and workers ' representatives to ensure their impartiality, taking into account circumstances such as appropriate qualifications, academic assessment, knowledge of the job, history, professional, have performed role of superior professional group and overcome successfully tests that can be set up.

For this purpose, the company may establish the corresponding selective tests, of a practical theoretical nature, after consulting the RLT

CHAPTER VI

Remuneration structure and economic regime

Article 27. General principle.

Working persons to whom this Convention applies shall be entitled to the remuneration to be set in the present Convention for each professional group.

Staff working with reduced or part-time working time will receive their remuneration in proportion to their working time.

The compensation and absorption shall be operated when the wages actually paid, as a whole and annual calculation are more favourable to the working person than those set out in this Collective Agreement and its updates.

Article 28. Remuneration structure and salary supplements.

They are pay salaries for the economic remuneration of working people in money or in kind who are paid for the professional provision of employment services for an employed person.

The remuneration structure of the staff affected by this Convention shall be made up of salary and extrasalarial remuneration.

1. Concepts comprising salary remuneration:

A) Rows:

a) Base salary.

b) Antiquity.

c) Extraordinary Grafications.

d) Job job completion.

e) Plus Convention.

f) Plus adaptation Convention, if applicable, as provided for in the additional provision.

B) Variables:

a) Plus of Nocturnity.

b) Plus of tournicity.

c) Availability of availability by guard or stop.

2. Concepts comprising the extra salary remuneration: Substitute.

3. Salary supplements. Concept:

The wage supplements described in paragraph 1 of this Article are those of a personal or other nature linked to the personal conditions of the worker or worker, to the job, or to the carrying out the work in quantity or quality, and which have not been assessed when determining the base salary, the periodic maturity of the work exceeding the month, the quantity or quality of the work and the personal of different types.

Such add-ons are due to production or personal circumstances, which may be variable in terms of the activity of the companies and the conditions under which the work is performed.

By sector collective agreement of lower scope or by individual or collective agreements between the companies and the working persons or their representatives, the salary supplements may be established in each applicable case.

Article 29. Base salary.

The salary part of the working person fixed by the unit of time between the company and the same, without attending to personal circumstances, of job, by quantity or quality of work, is understood by base salary. work, or periodic expiration of more than one month.

The remuneration of this concept for each professional group shall be as set out in the salary table set out in Annex 1.

Article 30. Age.

Consolidated seniority: In this concept the amounts that workers and workers perceive with this denomination are integrated as established in the III collective agreement of the state of the industries of acquisition, elevation, driving, treatment, distribution, sanitation and purification of drinking and drinking water (BOE of 24 August 2007).

Where the staff included in this collective agreement meet new years of seniority in the undertaking, they shall receive an annual seniority award for the annual amount shown in the salary tables set out in Annex 1, shall be paid in the following 12 ordinary monthly instalments for each new year that is fulfilled from this date and the amount shall be accumulated in the previous year.

Article 31. Extraordinary rewards.

Staff within the scope of this Collective Agreement shall be entitled to two extraordinary bonuses.

Such rewards shall be payable on the last working day of the months of June and December, without prejudice to the latter being paid before the 20th of December.

These rewards will be payable semi-annually in proportion to the time spent in the company during the corresponding semester.

The remuneration of this concept for each professional group shall be as set out in the salary table set out in Annex 1.

Article 32. Job plugin.

The job supplement rewards and compensates the conditions for the job.

The remuneration of this concept for each professional group shall be as set out in the salary table set out in Annex 1.

Article 33. Plus Convention.

Staff included in the scope of this Convention will receive a plus Convention, which will be in the form of a salary supplement and the amount of which will be set out in the salary table set out in Annex I.

Article 34. Plus de nocturidad.

The plus of nocturnity pays back the hours worked during the period between the twenty-two hours of the night and six in the morning.

They are excepted from the provisions of the previous paragraph and, therefore, there will be no place for economic compensation, in the contracts made for works which by their very nature are considered nocturnal, that is, that were hired to develop their functions during the night.

The economic amount corresponding to the plus of Nocturnity shall be that set out in the salary table set out in Annex I.

Article 35. Plus of turnicity.

In accordance with Article 36.3 of the Workers ' Statute, work is understood as a shift in the form of the organisation of work according to which workers occupy the same jobs on a rotating basis, involving for the worker or the worker the need to provide their services at different times in a given period of day or weeks. It is understood by rhythm or process that the work that due to technical or organizational needs takes place 24 hours a day and during 365 days a year.

The economic amount corresponding to the turnicity plus shall be that set out in the salary table set out in Annex I.

Article 36. Availability add-on by guard or retainer.

Due to the public nature of the service provided by the companies, the availability (for guards, checkpoints or other forms of provision) will be mandatory for all staff who are for their specific functions and, especially in the technical and operational area, be designated for such tasks.

The guards will be working, outside of the working day, on weekly and/or festive days of rest, in the premises of the company or in the places of work that the Service requires. The hours worked as guards shall be compensated for by equivalent time of rest within four months of their completion and shall be paid in addition to a plus for each effective hour worked on duty.

The economic amount corresponding to the on-call plus shall be that set out in the salary table set out in Annex I.

The retainer will consist of being available and immediately located for the job that can be entrusted to the employee or employee outside their working day, through the location system that the company provides, with the the purpose of performing all the jobs or tasks that are required in the Service interventions.

The economic amount corresponding to the plus of the catch for each effective day by providing the catch service shall be that set out in the salary table set out in Annex I.

This amount is considered independent of the overtime that the worker or worker performed during the checkpoint.

Article 37. Diets and suds.

The expenses that staff have to make for the needs of the company, such as meals, diets, overnight stays, displacements, etc. will be compensated by this and for the following minimum amounts:

Mileage in own vehicle: EUR 0.19 per kilometre.

Perches and Diets: For the amount of the invoice according to the internal rules of each company, if any.

Article 38. Economic update for the years 2011, 2012, 2013 and 2014.

The final salary remuneration established for the years 2011 and 2012 are those set out in Annex 1 to this Collective Agreement.

The salary remuneration provided for in Articles 29, 31, 32, 33, 34, 35 and 36 of this Collective Agreement for the years 2013 and 2014 shall be updated for those years on the same terms as those laid down in the II Agreement. for Employment and Collective Bargaining for the years 2012, 2013 and 2014 signed on January 25, 2012 by CEOE, CESME, CC. OO. and UGT.

Article 39. Place, time and form of salary payment.

1. The payment of the cash salary will be made in the workplace, for monthly periods, fortnightly or weekly, according to the custom observed in each company. It may also be done by means of a registered cheque or bank transfer, in which case the cheque will be delivered or the transfer will be made at the usual date of payment.

2. Already paid in cash, by any of the means set out in the previous section, the company will be obliged to deliver to the workers the corresponding receipt of wages.

3. Staff shall be entitled, if requested, to sign the receipt of salaries in the presence of a member of the business committee or a delegate or delegate of staff. In the event that the company does not have bodies representing the workers, they may request that the signing of the salary receipt be made in the presence of a partner or a worker.

CHAPTER VII

Workday

Article 40. Working day. Irregular distribution of the day. Holidays.

1. For all years of validity of this Convention, the staff affected by it will have an annual day of 1,752 hours of effective work.

2. Companies that have established rest periods ("snacks") as effective working time, they shall quantify their annual duration and this amount shall be deducted from the duration of their current day, for the purpose of determining the effective annual working day which shall be consolidated since the entry into force of this Convention. Once this operation has been done, a day less than that provided for in this Convention, they will keep that day, and may in these cases reorder the same.

3. As provided for in Article 38 of the Workers ' Statute, the annual paid leave shall be 30 calendar days or 22 working days, in proportion to the time worked during the calendar year.

Article 41. Jobs of longer duration than normal day.

Given the public nature of the services provided by the companies included in this collective agreement and the necessary continuity of their activity, all staff will be obliged to extend the normal working day of the work. If the extra work is prolonged by reaching the normal meal or dinner schedule and the nature of the work does not allow for the interruption of two hours so that the employee can do so at his home, the company will provide food to the staff. The two hours during which the day is suspended shall not be payable and, in any event, less than one hour may not be payable for the continuity of the work.

Overworked work on the normal day will be remunerated according to the legal rules on overtime.

If, because of the difficulties of the place where the work is carried out or any other circumstance, the staff cannot be provided with food, the company will be obliged to pay a diet equivalent to the meal to the EUR 11.05.

Article 42. Overtime.

1. Those exceeding the maximum working day laid down in this collective agreement shall be considered for overtime for legal purposes.

2. Overtime will preferably be compensated for by rest, provided it does not disturb the normal production process of the companies. The hours offset by rest within four months of their completion shall not be counted for the purposes of the maximum annual ceiling of overtime laid down in Article 35.2 of the Staff Regulations. In any case, their economic compensation may not be less than that of the ordinary time.

3. Without prejudice to the voluntary nature of these hours, in the legally established terms and taking into account the public nature of the services provided in this activity, and the duty to ensure the continuity of that service with the Minimum possible interruptions shall be considered as overtime hours of compulsory execution for the following working persons:

a) Force Circumstances that affect the service.

(b) Averages or extraordinary damages that require urgent repairs, or other similar ones that, due to their importance in the operation of the service, are unpostponed.

(c) Other structural circumstances arising from the nature of the activity, as well as any cause which may seriously impair the good running of the service, provided that the hours cannot be replaced extraordinary, by the use of the various types of procurement legally provided for.

Article 43. Permissions and licenses.

1. The worker or worker, after warning and justification, may be absent from work, entitled to remuneration, for any of the reasons and for the following time:

a) Fifteen calendar days in case of marriage.

b) Two days for the birth of a son/daughter or for the death, accident or serious illness or hospitalization of relatives up to the second degree of consanguinity or affinity. When the worker/worker needs to make a shift to that effect, the time limit will be four days.

c) One day per move of the usual address.

d) For the time indispensable, for the fulfilment of an inexcusable duty of public and personal character, understood as the exercise of active suffrage, in accordance with the provisions of the legislation in force.

e) To perform trade union or staff representation in the terms set forth in the legislation in force.

f) For the time indispensable for performing prenatal tests and birth preparation techniques to be performed within the workday.

g) One day by child or daughter marriage.

h) One day per year for non-accrual matters, the date of which is to be pre-advised in good time.

2. Workers, who are breastfeeding for a child under nine months of age, shall be entitled to an hour of absence from work, which may be divided into two fractions. Whoever exercises this right, by his will, may substitute this right for a reduction of his working day in half an hour for the same purpose. This permit constitutes an individual right of workers, men or women, but may only be exercised by one of the parents in case both work.

In the case of births of premature sons/daughters or who, for any reason, must remain hospitalized after delivery, the mother or father shall be entitled to leave the work during a day/day. They will also have the right to reduce their working hours to a maximum of two hours, with a proportional reduction in salary. For the enjoyment of this permit you will be as provided for in paragraph 3 of this article.

3. Those who, for reasons of legal guardian, have a direct care of a child of less than eight years or a person with physical, mental or sensory disabilities, who do not carry out a paid activity, shall be entitled to a reduction in the working day, with the proportional reduction of the salary between at least one eighth and a maximum of half the duration of that.

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

The reduction of working hours referred to in this paragraph constitutes an individual right of workers, men or women. However, if two or more working persons of the same undertaking generate this right for the same deceased person, the undertaking may limit its simultaneous exercise for justified reasons of operation of the undertaking.

4. The time-frame and the determination of the period of enjoyment of the breastfeeding permit and the reduction in working time, as provided for in paragraphs 1 and 2 of this Article, shall be the responsibility of the worker or worker, within their ordinary course. Staff shall be required to provide the employer with 15 days in advance of the date on which he/she will return to his/her ordinary day.

CHAPTER VIII

Disciplinary regime

Article 44. Regime of faults and sanctions.

Workers may be sanctioned by the Company's Directorate in accordance with the graduation of faults and penalties that are set out in the following articles.

Article 45. Classification of the faults.

Any failure committed by a worker or worker shall be classified, taking into account its importance, significance and intention, in light, serious or very serious, in accordance with the provisions of the following Articles.

Article 46. The following are "minor" faults:

1. From one to three faults of punctuality in the assistance to the work without due justification, committed during the period of one month.

2. Do not take appropriate leave in due time when the work is missing for justified reasons, unless it is proved impossible to have done so.

3. Small neglects in the preservation of the material.

4. Lack of grooming and personal cleansing.

5. Do not communicate to the company changes of residence or domicile.

6. Discussions on matters other than work, within the company's premises or during service events. If such discussions produce a notorious scandal, they may be considered as "serious" or "very serious".

7. Do not communicate personal situations that might affect the company's tax or social security obligations with your staff.

8. The abandonment of service without cause, even if for a short time.

9. Do not attend to the public with due diligence and correction.

Article 47. The following shall be classified as "serious" faults:

1. More than three non-justified faults of punctuality in work attendance, committed over a period of thirty days.

2. Do not communicate, with due punctuality, the activities of the worker or the worker who may affect the contribution to Social Security. Malicious misconduct in the data will be considered to be "very serious".

3. Surrender to games or distractions, whatever they are, being of service.

4. The mere disobedience to his superiors in any matter of the service, if he or she is a breach of the discipline or of it, is caused to the detriment of the company, it may be considered "very serious".

5. Simulate the presence of another worker, signing or signing for that person.

6. Neglect or neglect at work that affects the good work of the job.

7. Recklessness in service acts; if it involves a risk of accident for this person, for third or danger of damage or damage to the facilities or equipment, it may be considered "very serious".

8. Perform, without the appropriate permission, particular efforts during the day, as well as use for own uses tools, equipment or facilities of the company, even when this occurs outside of the working day.

9. Drunkenness or drug addiction, evidenced outside acts of service, wearing the company's uniform.

10. The lack of work attendance of up to two days a month.

11. If, as a result of any lack of punctuality, or of the cause provided for in the eighth paragraph of Article 46, injury to the undertaking or cause of accident is caused, this fault may be regarded as 'serious'.

12. Leaving the job, in breach of the system of shifts established in each Work Centre or not to turn, or to turn out late, when you are on call or be called a checkpoint. If it damages the company or is bankrupt from the discipline, it may be considered very serious.

13. If there is a reiteration in the committee of the cause provided for in the ninth paragraph of Article 46.

14. Failure to comply with laws, regulations or non-compliance with the rules on the prevention of occupational risks, when they pose a risk to the worker, his colleagues and colleagues or third parties, as well as not using or using inadequately the means of safety provided by the company. In the event that the risk is serious or if there is any injury, it shall be considered to be 'very serious'.

15. The concealment of any event that the worker or the worker has witnessed, which causes appreciable serious injury of any kind to his company, his or her colleagues or third parties.

16. Lack of punctuality, without proper justification, when you have to relieve a partner or partner.

17. If the cause provided for in the sixth paragraph of Article 46 produced a notorious scandal.

18. The recidivism in a slight lack, excluding the one of punctuality, even if it is of different nature, within a trimester and having mediated at least written admonition.

Article 48. The following shall be considered as "very serious" faults:

1. More than 10 unjustifiable faults of punctuality committed over a period of six months, or twenty for a year.

2. The unjustified lack of assistance to work more than two days a month.

3. Fraud, disloyalty, or breach of trust and theft or theft, both to the company and to the co-workers or to third parties, within the company's premises or during service events anywhere.

4. The fraudulent consumption of water or complicity with it.

5. Make it disappear, disable, destroy or cause damage to raw materials, tools, tools, machinery, appliances, installations, buildings, articles and documents of the company or third parties related to it.

6. Conviction for the offence of theft, theft or embezzlement committed outside the undertaking or for any other event which may involve such mistrust in relation to the authorship, and in any case, those of a duration of more than six years, issued by the Authority Judicial.

7. The continued and usual lack of grooming and cleaning of such a nature, which produces justified complaints from colleagues or colleagues or clients.

8. Violate the secret of the correspondence or reserved documents of the company.

9. Disclose to the company items that are not required by the company.

10. Perform particular jobs during the day.

11. The bad treatments of word or work or the serious lack of respect and consideration to the clients, bosses or to any employee or employee of the company, as well as to the relatives of all of them, during the working day or in the dependencies of the company.

12. Cause serious accident by negligence or inexcusable recklessness.

13. Leave the job in positions of responsibility or in a situation that causes serious injury to the company or its clients.

14. Voluntary and continuous decline in the normal or agreed performance of the worker.

15. Originate rines and pendences with the and the coworkers or clients.

16. The simulation of illness or accident.

17. Provide services usually suffering from the effects or consequences of any kind of drunkenness or drug addiction.

18. Sexual harassment, harassment on grounds of sex or moral harassment.

19. Those arising from the provisions of Article 46 (6) and the second, fourth, seventh, 12th and fourteenth of Article 47.

20. If, as a result of the case referred to in the tenth paragraph of Article 47, the undertaking is injured or is cause of an accident, the said fault may be regarded as 'very serious'.

21. The recidivism in "serious" lack, even if it is of different nature, whenever it is committed within a semester.

Article 49. Sanctions regime and sanctioning procedure.

It is up to the company to impose sanctions in the terms of the provisions of this collective agreement.

All penalties that do not consist of verbal admonition will require written written communication to the worker or worker.

In cases of penalty for a very serious lack of dismissal, the company will communicate the sanction in writing with a notice period of two working days to produce effects and will deliver a copy of it to the RLT of its working centre. The worker or worker shall have a paid leave of absence, of the said two working days, in order to claim in writing before the Company what he considers appropriate in his defence. If the company does not amend its decision in writing, the decision shall be deemed to be effective after two working days.

In any case, the company will account for the RLT of any penalty it imposes.

Article 50. Graduation of sanctions.

The penalties that companies will be able to impose according to the severity and circumstances of the misconduct will be as follows:

A) For a minor lack: Verbal, written warning or suspension of employment and salary of up to two days.

B) For serious misconduct: Suspension of employment and salary of three to fifteen days.

C) For a very serious lack: Suspension of employment and salary of sixteen to sixty days or dismissal.

Article 51. Prescription.

The faculty of the company to sanction will prescribe for minor faults at ten days, for serious faults at twenty days, and for very serious faults at sixty days, from the date on which it had knowledge of his or her commission, and in any case, six months after he has been committed.

Article 52. Accumulation of faults.

For the purposes of recidivism, any faults that have been previously committed shall not be taken into account and removed from the file, in accordance with the following deadlines, which have been counted since the last fault:

A) Mild high: 3 months.

B) Severe high: 6 months.

C) Very severe high: 1 year.

CHAPTER IX

Conventional subrogation

Article 53. Conventional subrogation clause.

In companies or public entities affected by this collective agreement, when the activity in a work centre ceases, by completion or total or partial modification of the contract of exploitation, leasing, management, etc., and be awarded or new to the holding or service of another undertaking or public entity, the latter shall be obliged to subrogate and absorb the workers attached to the service of the installations being operated, respecting and maintaining in their integrity, with a personal and inalienable character, their seniority, salary and other labour and union rights recognised in the Convention, company covenants and personal conditions.

The right and the obligation to subrogation as set out in the preceding paragraph are also included in cases where, for technological, environmental or other environmental reasons, a facility is closed in which it is provides the service, and a new one, regardless of whether the Administration which contracts is different from the Administration that contracted the old installation, or that the new one assumes, in addition to the service that the old one was, those of other facilities or services that did not lend themselves.

It shall be necessary for such subrogation to be carried out by the working persons of the centre or work centres which are absorbed by providing their services at least four months before the date of resolution or conclusion of the contract that is extinguished. Staff or workers who do not meet these requirements and conditions shall not be entitled to be subrogated.

It shall also be necessary for the undertaking to which the contract or award of the service to be terminated or terminated, to notify in writing in the term unextendable of 15 calendar days prior to the effective date of the subrogation or replacement, or 15 days from the date of the termination of the eesc, to the new contracting undertaking or public entity, and document the circumstances of the job, seniority, conditions wage and extrasalarial, labour and social of all the working people in which it is the business subrogation or substitution is operated. Similarly, the replaced company must, within the same period of time, bring to the attention of the staff concerned the fact of the subrogation.

In accordance with the provisions of Article 44 of the Workers ' Statute, the former successful tenderer and in his absence, the new one shall notify the change of the successful tenderer to the RLT of that service.

The documents of the replaced company should facilitate and accredit to the new contracting company they are the following:

1. Certificate of the Competent Body to be aware of the payment of Social Security and the premiums for accidents at work of all workers whose subrogation is intended or appropriate.

2. Photocopy of the last twelve payroll or monthly salary receipts of workers affected by the subrogation.

3. Photocopy of TC1 and TC2 social security contributions of the last twelve months, in which the affected workers appear.

4. Photocopy of the high part of the Social Security of the affected staff.

5. List of all staff covered by the subrogation, in which name, surname, national identity document, address, number of affiliation to the social security, seniority, day and time, method of recruitment and date of employment Enjoy the holidays.

6. Photocopy of the employment contracts signed by the affected and affected workers.

7. Documentation supporting the situation of the temporary incapacity of workers and workers, risk during pregnancy or maternity of those workers who, finding themselves in such situations should be absorbed, indicating the period leading to them and their causes. As well as those on leave, or any other alleged suspension of contract with reservation or expectation of re-entry, as long as they have provided their services in the centre or work centres, and who meet the minimum age set for the subrogation.

8. In the event that the holiday has not been enjoyed by the worker or worker, in whole or in part, the latter will be granted the new company awarded the service, and the outgoing company must compensate financially for the new awarded the wage and social security cost of the holiday accrued and not enjoyed.

9. Copy of the document to be completed by each worker concerned or worker concerned, stating that the latter has received from the outgoing undertaking its liquidation of proportional parts of its assets up to the time of the subrogation. Remaining amount outstanding.

CHAPTER X

Social benefits

Article 54. Supplement to benefits derived from temporary incapacity.

Companies will supplement up to 100% of the worker's or worker's fixed salary on the grounds of their temporary disability due to an occupational accident during the time the company has an obligation to list, without in no case shall the amount to be paid by the worker or worker be lower than the amount, in annual accounts and in proportion to the days of the absence, of the economic benefit due to temporary incapacity for occupational contingencies by the General Law of Social Security and the regulatory standards that develop it.

The companies will also supplement the temporary disability benefits resulting from common illness and non-work accident from the 4th to the 20th day of medical discharge up to 75% of the total fixed monthly salary of the table that for its The group will correspond to you, and from the 21st day it will be supplemented up to 85% of the same salary.

Article 55. Collective insurance by accident at work.

For the staff affected by this Collective Labour Convention, the company will contract work accident insurance with the following guarantees and insured capital: In the case of total permanent incapacity, absolute permanent incapacity, great invalidity or death, resulting from accidents at work or occupational disease, the compensation shall be EUR 24,000 from the publication of the collective agreement in the BOE and for the duration of the Collective agreement.

In the case of death, the compensation established shall be paid to the legal heirs of the worker or worker, unless there are beneficiaries expressly designated by the deceased person.

CHAPTER XI

Joint Commission

Article 56. Joint Commission.

In order to interpret the provisions of this collective agreement, a joint committee shall be established between the subjects participating in the negotiation which has led to the present collective agreement, consisting of four members in representation of the working people and four others representing the business association. However, both parties may appoint, occasionally or permanently, advisers for all matters deemed appropriate.

This joint commission will be unique for the entire territory of the State.

The commission shall meet on an ordinary basis, once every six months and on an extraordinary basis, when one of the parties so requests within a period of 15 days, the commission being able to convene the same is integrated. It shall also meet to update, provisionally or definitively, the tables of remuneration provided for in this Convention.

In all cases, the consultations will have to be submitted through the signatory organizations and the model agreed by them.

The parties to the Joint Committee of the present Collective Agreement may submit their discrepancies to the V Agreement on the Autonomous Solution of Labor Conflicts (Extrachauitary System).

The duties of the Joint Committee shall in no case obstruct the free exercise of the competent jurisdiction in accordance with the rules in force.

Moreover, and in order to effectively address the discrepancies that may arise for the non-application of the working conditions referred to in Article 82.3 of the Staff Regulations, the companies and the workers will be subject to the mediation procedures laid down in the Fifth Agreement on the Autonomous Solution of Labour Conflicts (Extrachaujudicial System).

CHAPTER XII

Safety and health care

Article 57. Safety and occupational health.

The protection of workers ' health is a basic and priority objective of the signatory parties, and they consider that to achieve this, the establishment and planning of preventive action is required. in the workplace and in undertakings which have at last the disposal or reduction of risks at their origin, on the basis of their assessment, taking the necessary measures, both in the correction of the existing situation and in the evolution of the situation technical and organizational of the company, to adapt the work to the person and protect their health. This objective is intended not only to meet the legal obligations and responsibilities of the actors involved in the company's framework, but also to promote a new culture of prevention that advances the development of the company. in the sector.

In all matters concerning the prevention of the health and safety of workers and workers, the provisions of Law 31/1995 of 8 November of the Prevention of Occupational Risks shall apply. updated and developed by Law 54/2003, of December 12, and Royal Decree 171/2004, of January 30, and consistent regulations.

The right of protection will be realized through the adoption, by the company, of the necessary measures in terms of risk assessment, information, consultation, participation and training of the workers, in cases of emergency and serious and imminent risk, monitoring the health and organisation of a preventive service.

In addition, the promotion and intensification of organizational, training, and pre-ventionist signs that allow staff to adapt to organizational changes are understood as priorities. technologies can bring with them preserving their physical, mental and social health, understood as the integral concept formulated by the World Health Organization.

Health Surveillance.

The employer shall guarantee to the staff at his/her service the periodic monitoring of his/her health in the light of the risks inherent in the work, in the terms provided for in Article 22 of the Law on the Prevention of Risks Labor.

The information collected as a result of this surveillance, as provided for in the Law, will always respect the right to privacy and dignity of the working person and the confidentiality of all related information with your health status. In the event of a failure to comply with this obligation, the Committee on Safety and Health shall have the right to request the immediate cessation of the responsible person, reserving the right to carry out the legal proceedings. appropriate.

Medical Examinations. The medical examinations carried out must be specific, in accordance with the raw materials or additives which are handled in each working centre.

Those workers and workers and groups of workers and workers who, because of their personal characteristics, due to their conditions of greater exposure to risks or other circumstances have greater vulnerability to the shall be monitored in a particular manner.

The company will take the necessary measures to prevent the exposure of workers in pregnancy or recent birth to the risks identified in the assessment referred to in Article 16 of Law 31/95, which may affect the health of workers or the unborn child, through an adaptation of the working conditions or working time of the worker concerned, in accordance with the terms laid down in Article 26 of the said Law and in accordance with which it is take into account the possible limitations in the performance of night and shift work.

The risk assessment shall include the suitability for the pregnant woman of the posts, schedule and working conditions, provided that the prescription is optional.

The company and the personnel affected by this Convention will comply with the provisions of the current regulations on occupational safety and health and, in particular, those of the Law 31/1995 of 8 November on the Prevention of Risks Labor, and its development provisions.

Article 58. Technical Committee on Safety and Health at Work.

During the term of this Convention, a Sectoral Technical Committee on Occupational Safety and Health will be set up, which will have a joint character, consisting of four persons appointed by the business representation and others. four designated by the signatory unions. The meetings of that Commission may be attended, with a voice and without a vote, up to a maximum of two advisers or advisers by representation. The Commission shall draw up its own rules of procedure. The Commission will have an essential role to play in promoting compliance with the legal and regulatory regulations on occupational safety and health in the sector, as well as the promotion of information and awareness-raising campaigns.

CHAPTER XIII

Trade union rights

Article 59. Trade union rights

This will be what the current legislation will be in place. During the term of the Convention, the Joint Committee shall examine the proposals for the development of this Chapter.

CHAPTER XIV

Training

Article 60. Training.

It will be understood that the general objective of the same is to improve the professional training of the whole of the workforce, to enable the access systems and to promote the policy of prevention in Safety and Health. On the basis of the provision of vacancies for the staff, it shall be ensured that the staff is trained in such a way that, with equal opportunities, they are able to gain access to positions of higher category or liability that have become vacant.

The worker and the worker, as long as the needs of the service permit, will be entitled to:

1. If you enjoy the necessary permits to attend exams, as well as a preference to choose work shift, if such is the regime established in the workplace, when you regularly study for a degree academic or professional.

2. The adaptation of the ordinary working day for the attendance of vocational training courses or the granting of the appropriate training or professional training leave with the reserve of the job.

3. The timetable for the completion of the courses of the Training Plan of the company for the training and the professional improvement, will be preferably within the working day. Where the organisational needs of the undertaking are carried out outside the working day, the assistance shall be equally compulsory.

CHAPTER XV

Equality

Article 61. Equality.

During the duration of this collective agreement, under the Organic Law 3/2007, of March 22, for the effective equality of women and men, the companies of more than 250 workers will be obliged to to negotiate with the RLT the establishment of equality plans which, after having made a diagnosis of the situation in the enterprise, achieve equality of treatment and opportunities between women and men and eliminate discrimination by Reason for sex.

These equality plans will set concrete objectives for equality to be achieved, the strategies and practices to be followed for their achievement and the establishment of effective systems for monitoring and evaluating the results achieved. For these purposes, companies shall provide the information to the RLT.

The subjects on which these equality plans may have an impact are, inter alia, the following: Selection (access to work), professional classification, promotion and training, remuneration, organisation of working time (to promote the reconciliation between work, personal and family life) and the prevention of sexual harassment and sex.

CHAPTER XVI

Additional disposition

Additional disposition. Compensation and absorption.

Those companies which are incorporated into the scope of this collective agreement and when they are adapted to their remuneration structure to that established in this agreement, will adapt the receipt of salaries to the structure and concepts contained therein at the time of its application. As a result, all economic rights and other remuneration which workers receive will be replaced by the remuneration and concepts referred to in this Convention and this adaptation will not entail a change of working conditions.

Those companies that have established improvements to their workers and workers who, as a whole, and which are examined annually, exceed those resulting from the application of this collective agreement, will be obliged to (a) to respect them in the said set and annual calculation, so that the worker or worker is not harmed by the compensation or absorption that may occur. Therefore, once the concepts have been adjusted up to the total amount established in the wage table, the excess annual gross remuneration will be paid by means of a salary supplement called the 'Plus adaptation convention'. This absorption and compensation shall apply to all the concepts which undertakings may have, irrespective of their name, nature or nature, and for example and merely enunciative, plus toxic, penious, dangerous, Sunday and holidays, etc.

However, those companies that have regulated higher amounts, in annual computation, than those established in this Convention, by the concepts of plus of nocturnity, plus of turnicity and complement of availability by guard or retainer, shall be maintained at its level.

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