Having regard to the text of the Third Collective Convention of Gardening Centres (Convention Code No 99016115012007), which was signed on 18 April 2013, by the Spanish Association of Gardening Centres in Spain. representation of the undertakings in the sector, and of another by the trade unions FECOHT-CC.OO. and FECHTJ-UGT 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 Legislative Decree 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 collective agreements and agreements working through electronic means of this Steering Center, with notification to the Negotiating Commission.

Second.

Arrange your publication in the "Official State Bulletin".

Madrid, September 10, 2013. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.

III COLLECTIVE AGREEMENT OF GARDEN CENTER COMPANIES

CHAPTER I

General provisions

Article 1. Functional scope.

This Collective Agreement will apply to the "Gardening Centers". The "Gardening Centre" means a company which has as a fundamental activity the retail trade of a wide range of products related to indoor and outdoor gardening and other complementary articles of this kind. activity.

Article 2. Territorial scope.

This Collective Agreement shall apply throughout the territory of the Spanish State.

Article 3. Personal scope.

The Convention shall apply to those who provide their services as an employed person for undertakings within the functional and territorial scope of the Convention.

This Convention shall not apply to persons who are included in one of the cases referred to in Articles 1, 3 and 2. of the Royal Decree of Law 1/1995 of 24 March, for which the Recast of the Law of the Workers ' Statute.

Article 4. Temporary scope.

This Convention shall enter into force on 1 January 2012, without prejudice to the determination of specific dates of entry into force of those concepts in which it is expressly established.

The Convention will extend until December 31, 2015.

Article 5. Reporting and review.

The complaint of the Collective Agreement, made by any of the parties entitled to it in accordance with Article 87 of the Staff Regulations, must be made in writing and shall contain the provisions which are aim to review, as well as the scope of the review.

The complaint, made in accordance with the preceding paragraph, shall be transferred to each of the parties entitled to negotiate before the last month of the Convention's validity; otherwise, it shall be automatically extended for annual periods.

Article 6. "ad personan" warranty.

The economic or other conditions enjoyed individually by workers on the basis of their employment contract, which are more favourable than those laid down in this collective agreement, shall be respected.

Article 7. Compensation and absorption.

Will operate compensation and absorption when wages actually paid as a whole and in annual computation are more favourable to workers than those set out in this collective agreement.

Article 8. Binding to the entire.

The conditions agreed upon in this Convention form a whole organic and indivisible, and for the purposes of their practical application they will be considered globally in annual computation. The modification of any of the conditions laid down therein, by law, decision of administrative authority or judicial decision, to suppose the break-up of the balance of the respective consideration, will determine the one that the parties reconvene in order to negotiate, both in the aspect in question and as a whole, the rest of the agreed upon and in this way proceed to the restoration of balance.

Article 9. Joint Commission.

The creation of a Joint Commission is agreed as an organ of interpretation and monitoring of compliance with this Collective Agreement and will have the following specific functions:

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. The completion of monitoring tasks for compliance with the provisions of this Convention.

4. Entender, prior and compulsory to the administrative and judicial route, in relation to the collective conflicts that may be brought, by those who are entitled to do so with respect to the application and interpretation of the provisions of this Collective Convention. The submission and resolution of a matter by the Joint Committee will exempt the prior knowledge procedure when it is repeated.

5. In terms of the regime, procedure, rights of consultation of workers ' representatives and effects of substantial modifications of both individual and collective working conditions will be Article 41 of the Staff Regulations.

Under Article 41.4 of the Workers ' Statute, the procedure to be followed for the modification of the conditions referred to in paragraphs 5 and 6 of Article 41 shall be the next:

At the beginning of the 15-day consultation period, the company will provide the representation of the workers in writing with the information justifying the measure, the objectives to be covered, the impact of the measure on the progress of the undertaking and/or employment, as well as the measures necessary to mitigate the consequences for the persons concerned and to assess in a specific manner the occupational risks which may result from the substantial changes of working conditions to be implemented.

Furthermore, by mutual agreement the parties may at any time substitute the period of consultation referred to in Article 41.4 of the Staff Regulations by the mediation and/or arbitration of the Joint Committee of the Present Convention.

The agreement that will be reached, if this is agreed, will detail the information systems towards the representation of the workers in reference to the effective implementation of the measure, as well as the level of compliance with the targets set.

In the event of disagreement, the parties may request mediation or, where appropriate, the arbitration of the Joint Commission that will have a period of 7 days, to be counted since the discrepancy was raised.

However, in the cases of substantial modification of working conditions referred to in Article 41.5 of the Workers ' Statute, the application of the mediation and arbitration procedures referred to in the The above paragraph shall not interrupt the application of any modifications ordered by the Management of the Company after the period of consultation has been exhausted. In the event of the eventual implementation of these changes, the parties concerned shall be informed in advance of any new risks and the adjustments to the occupational risk prevention plan shall also be made.

The intervention as interlocutors to the company's management in the consultation procedure will be the responsibility of the trade union sections when they agree, provided that they add up the majority of the members of the company or among the staff delegates.

In companies where there is no legal representation of the same, they may choose to attribute their representation for the negotiation of the agreement, at their choice, to a commission of up to three integrated members. workers of the company itself and elected by those democratically or to a commission of equal number of components designated, according to their representativeness, by the trade unions most representative of the sector to which the company belongs and which are legitimated to be part of the negotiating commission of the collective agreement of application to the same).

No substantial modifications of individual or collective working conditions that contravene the regulation of conditions contained in this Convention and/or developed in collective agreements or covenants shall be possible. the purpose of which is to ensure the principle of equal opportunities for women and men and not discrimination on grounds of sex, or where they entail a loss of dignity.

CHAPTER II

Organization of the job

Article 10.

The organization of the work and the determination of the systems and methods to regulate it, in accordance with the provisions of the current legislation and the present Convention, is the faculty of the company's management, who will carry out, through the regular exercise of its powers of economic and technical management, management, control and emanation of the rules, procedures and instructions necessary for the performance of the corresponding work activities; all this in the utmost respect for the rights of the workers and the dignity of the persons, without any discrimination and by notifying the representatives of the employees of the workers ' representatives, if so requested by the Commission.

However, the employer will inform the prevention delegates and, failing this, the workers in good time, the adoption of the decisions regarding the planning and organisation of work in the company and the the introduction of new technologies, in all the related consequences for the safety and health of workers, arising from the choice of equipment, the determination and the adequacy of the conditions of work and the impact of environmental factors on work.

Article 11. Equality at work.

It shall be construed as null and void, individual covenants and unilateral decisions of the management of the undertaking which contain unfavourable discrimination on grounds of age or where they contain favourable discrimination or Adverse effects on employment, as well as on remuneration, working time and other working conditions due to circumstances of sex, origin, marital status, race, social status, religious and political ideas, membership or not of trade unions and their agreements.

CHAPTER III

Revenue and hiring

Article 12. Test period.

The entry of the workers shall be considered as a test, according to the following scale, corresponding to the classification of the staff in the various professional groups established in this Convention. Collective:

-Professional Group I: Six months.

-Professional Group II: Two months.

-Professional Group III: One month.

These periods will be of effective work, thus, the situation of Temporary Incapacity, whatever the reason for the same, is being discontoured. During the trial period by the company and the worker, the contract may be freely resolved without any prior notice and without any right to compensation.

Article 13. Recruitment.

The workers affected by this Convention may be employed in accordance with any of the legal procedures established at any time. They shall also comply with the legal provisions in force as regards the formalities and requirements of the contract.

Work contracts, whatever their modality, must be formalized in writing in accordance with current legislation.

Contractual modes:

1. Part-Time Contract: The provisions of Article 12 of the Workers ' Statute will be in place.

This contract shall be deemed to be concluded when the provision of services has been agreed for a number of hours less than the full-time working day provided for in this Convention.

This mode may be arranged indefinitely or for a given duration, except in the case of the contract for the training to be formalised in accordance with the legal provisions.

They will become full-day contracts who for 60 days have made day extensions.

Partial-time contract workers will have a preference for new hires to fill vacancies that occur in full time. To this end, the company will publish on the notice board of each working centre, 15 days in advance, the existence of the vacancies to be filled in full time of the centre in question, the worker who wishes to opt for such a post must request it within the mentioned period.

In addition, it will be understood as a partial-time contract that is concluded by the worker, that he/she has with his company, the legally established conditions, a reduction of his/her working day and his/her salary between 25 and 75% of the same, when it meets the general conditions required to be entitled to the contributory pension for the retirement of social security with the exception of age.

2. Practice Contract: The provisions of Article 11 of the Workers ' Statute will be in place.

The duration of this contract may not be less than one year or more than two. The basic remuneration of contract workers shall be 90% for the first year and 100% for the second year of the salary of the Convention.

3. Training Contract: The provisions of Article 11 of the Workers ' Statute will be in place.

The duration of this contract may not be less than six months or more than three years, and may be extended for periods of 6 months until the end of three years.

The salary of the trainee will be 80%, 90% and 95% for the first, second and third year respectively of the wage agreement.

The time spent on theoretical training will be done over the lifetime of the contract and will have the legal requirements to this effect.

At the end of the maximum period of the training contract, companies are committed to transform 50% of the training contracts into indefinite, regardless of the overall commitment of fixed employment.

4. Possible Contract: The provisions of Article 15.1.b of the Staff Regulations shall be provided for.

Contracts may have a maximum duration of nine months, within a period of 18 months. If it is intended for a period of less than the maximum period, it may be extended for one time, without the total duration of the contract being in any case exceeding the limit laid down.

5. Indefinite conversion: Workers who in an 18-month period would have been engaged for a period of 12 months, with or without a continuity solution, for the same professional group with the same company, by means of two or more temporary contracts, either directly or through their making available by temporary employment undertakings, with the same or different contractual arrangements of a given duration, shall acquire the status of fixed workers.

6. º Indemnities: The worker who proposes to cause a voluntary reduction in the company, whatever the duration of his contract of employment, must inform the management of the contract at the same time of 15 days before the date where the services are to cease, such communication shall be made in writing, except for the controls to be notified at a time of 25 days. Failure by the worker of this notice shall entitle the management of the undertaking to deduct from the liquidation the amount of the salary of one day for each of the delay in the notice fixed. It is excluded from the consequences of this failure the person who for reasons of gender violence decides to terminate his contract of employment as provided for in the Organic Law 1/2004, of December 28, in this case will not be taken into account notice periods and therefore no discount will be available on the amount of the corresponding settlement.

In the case of termination and/or contract extinctions, the company will also be obliged to comply with the legally established, the breach of the same will entitle the worker to receive the salary one day for each of the delay in notice cited.

If the fixed-term contracts, after the probationary period, are extinguished by the employer's will, the worker shall be entitled to an allowance equal to one day's salary per month worked, counted from the beginning of the contract.

7. Employment: The conscious parts of the need not only to maintain but to increase the steady work, agree to establish for all the companies affected by this Convention and have a template with fifteen or more workers are required to have 80% of workers on an indefinite contract, and those companies with fewer than 15 employees will have 70%.

For the purposes of monitoring and control of the commitment acquired, the companies will facilitate the legal representation of the workers ' quarterly relationship of ups and downs as well as the basic copy of the contracts signed during that period. period.

The companies affected by this Convention shall comply with the provisions of Article 38 of Law No 13/1982 on the reservation of jobs to be covered by persons with disabilities, having the same conditions and conditions. wage guarantees that the rest of the workers.

Article 14. Excess.

14.1 Voluntary Excedence.

Voluntary leave shall be granted for a period of not less than four months and not more 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.

The company shall grant voluntary leave of absence for a period of not more than one year, when serious, duly justified, family-order or study-termination grounds are considered.

At the end of the excess, the worker shall be entitled to the first vacancy which occurs in the same or similar category to his or her own. The right to return will be lost if it is not requested by the person concerned before the expiry of the period allowed.

14.2 Forced Excess.

It will give rise to the situation of forced leave of absence for the appointment to be made by Decree, by appointment or for elective office. The excess shall be extended for the duration of the charge determined by the person and shall grant the right to occupy the same place as he previously held and to be counted on the time of leave for passive purposes.

Workers in this situation must apply for re-entry in the month following their termination of office.

14.3 Maternity/paternity leave.

Workers shall be entitled to a period of leave of no more than three years to take care of the care of each child, whether by nature or by adoption, or in the circumstances of their acceptance, both permanent and pre-adopted. In this case, the person who applies for maternity/paternity leave will be entitled to automatic reinstatement at the end of the leave, provided that the statutory periods of notice are met. Employers may fill the vacancies produced by the above, by means of interim or temporary contracts.

14.4 Exceed for care of family members.

According to Law 39/1999 of 5 November, to promote the reconciliation of the working and family life of the working people. Workers shall be entitled to a period of leave of absence of not more than three years in order to take care of a family member up to the second degree of consanguinity or affinity, which for reasons of age, accident or illness cannot be recovered. by itself. The worker shall be entitled to vocational training courses. During the first year he shall be entitled to the reserve of his job and shall be computable for the purposes of seniority.

14.5 Excedence for Gender Violence.

According to Law 1/2004, of December 28, the person who is the victim of gender-based violence will be entitled to a surplus. 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 18 months.

During this period you will be entitled to professional training courses. The period in which it remains in excess of the amount laid down in this Article shall be computable for the purposes of seniority. When reinstatement occurs, it will be performed under the same conditions as the contract is suspended.

14.6 Excedence by death.

In the event of the death of the spouse or partner in fact duly registered with the worker or worker, leaving a child under the age of 14 years, such worker or worker shall be entitled to a special leave of absence. retributed.

This excess which must be justified shall have a maximum duration of 60 calendar days, counted from the fourth, sixth or eighth day, as applicable, of the death and shall be requested from the employer by the beneficiary by the corresponding letter, in which the date of reinstatement to your job, which will be automatic, must appear.

CHAPTER IV

Professional Classification

Article 15. Framing factors and definitions.

Depending on the professional skills, qualifications and general content of the benefit, the following professional groups and the specific content that define them are established, with a normative character.

15.1 Professional framing factors.

For the classification of workers falling within the scope of the 3rd Collective Convention of Gardening Centres the following factors have been weighted:

Autonomy, understood as the largest or least hierarchical dependency in the performance of executed functions.

Training, conceived as the basic knowledge necessary to be able to fulfil the agreed work supply, the continuous training received, the experience gained and the difficulty in acquiring the complete training baggage and of the experiences.

Initiative, referred to as the largest or least follow-up or subject to guidelines, guidelines, or standards in the execution of the functions.

Command, configured as the faculty of monitoring and ordering of tasks as well as the ability to interpret the functions performed by the group of workers on whom the command is exercised and the number of members of the same.

Responsibility, appreciated in terms of the greater or lesser autonomy in the execution of the functions, the level of influence on the results and the relevance of the management on the human, technical and productive resources.

Complexity, understood as the sum of the above factors that affect the functions developed or job performed.

15.2 Classification System.

The workers who provide their services in the companies affected by the I Collective Gardening Centres Convention are located in three Professional Groups, assigning them roles in a Professional Group. specific.

The performance of the functions derived from the aforementioned classification defines the basic content of the work benefit.

Professional Group I:

a) Identification: Command.

b) Definition: It is the personnel who execute jobs and/or functions that involve the realization of complex and heterogeneous tasks with defined global objectives and high degree of demand and autonomy, initiative and responsibility. It also includes in this professional group functions that assume specific responsibilities for the management of one or more areas of activity of the Company from the broad guidelines emanating from the own management or ownership of the Company. Tasks which involve the carrying out of tasks of the highest 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.

c) Functions:

Control and direction of work operations.

Tailoring, custody, and reporting of management documentation.

Staff training.

Managing the stock.

Address of periodic inventories.

Control and elaboration of section, department, or establishment management ratios.

Managing work times.

Professional Group II:

a) Identification: Technician.

b) Definition: This is the worker who performs functions requiring initiative, specialization, and technical and professional mastery of the job performed, taking responsibility for the work carried out following instructions from his or her higher. Your activity may involve responsibility for the management of other people by following instructions from the hierarchical managers.

c) Functions:

Control of the receipt of goods.

Product preparation and exposure.

Mount of counters and murals.

Selling products.

Monitoring the proper operation of installations.

Control of mermas, scandalous and fulfillment of orders and inventories.

Customer orientation on products.

Monitoring the work of Group III staff.

Control of the assigned merchandise stock.

Professional Group III:

a) Identification: Professional.

b) Definition: It integrates in this group the personnel who perform tasks and/or functions that are executed according to concrete instructions, clearly established, with a precise working method and with a high degree of hierarchical dependency and/or functional, which may require attention and/or physical effort, as well as adequate professional knowledge and/or practical skills and whose responsibility is limited by direct supervision.

c) Functions:

Loading, unloading, and receiving merchandise.

Transportation, preparation and delivery of merchandise.

Collection, withdrawal of funds, maintenance of changes and tonnage.

Customer care.

Pocketing and Order Preparation.

Changes and Returns.

Inventory realization.

Product Sale.

Cleaning, monitoring, and maintenance.

CHAPTER V

Remuneration

Article 16. Remuneration concepts.

The remuneration of the workers affected by this Convention shall be structured in the following terms:

16.1 Professional Group Salary.

It is the part of the remuneration per unit of time which the workers shall receive on account of their registration in a given professional group and consists of the amount for each group listed in Annex II of this Collective Agreement, in its annual amount, and includes the compensation for working on Sundays and holidays and the extraordinary rewards as provided for in Article 16.6.

16.2 Personal Add-on.

This concept incorporates the special conditions, of an exclusive and personal nature, which, individually, have the workers affected by the present Convention as of 31 December 2006, which paid the company to such date, or that it abalone in the future by agreement or voluntary decision.

16.3 Individualized adaptation complement.

The complement of individualised adaptation is configured as a pay supplement of a personal nature, resulting from the integration into the same of the amount which may correspond to the worker by reason of the Collective Agreement to be applied to it until 31 December 2006. This add-on is not absorbable or compensable.

16.4 Add-on to Convention replacement.

This retributive concept brings into existence the possibility that the basic salary of the Collective Agreement which was applicable until 31 January 2006 is, in annual calculation, higher than the Salario Professional Group of this In the case of the Commission, the Commission has taken the necessary action to ensure that the aid is granted. This supplement, as a subsidiary, will be reviewed with the same criteria as the Salario Professional Group. This add-on is not absorbable or compensable.

16.5 Pay Increase and Pay Review Clause.

Year 2012: No pay rise.

Year 2013: 0.4% wage bill.

Year 2014: 0.8% wage bill.

Year 2015: 1% wage bill.

The update clause applicable at the end of the financial year will be realised in excess of the annual rate of change in the Spanish general CPI for December on the inflation target of the European Central Bank (2%). If the annual percentage change rate of the Spanish general CPI in December is higher than the annual rate of variation of the harmonised CPI of the Euro Zone in the same month, then the latter will be taken to calculate the excess. If this is done, the resulting amount would be applied in one time. If the international average price of Brent oil in the month of December is 10% higher than the average price of the previous December, the above mentioned inflation indicators will be taken as a reference for the calculation of the excess. excluding both fuels and fuels

16.6 Extraordinary Grafications.

The workers affected by this Convention shall pay two extraordinary bonuses, in summer and at Christmas, each for the amount of a monthly payment corresponding to the Salary Group.

Extraordinary rewards will be earned as follows:

Summer Pay, for the period from January 1 to June 30.

Christmas Pay, for the period from July 1 to December 31.

Those companies that prior to the entry into force of this Collective Agreement came to pay the salary in twelve pages, prorating monthly the amount of the two extraordinary bonuses, will continue keeping the twelve monthly payments.

Similarly, by agreement with the worker, the companies may agree to the prorateo of the two extraordinary bonuses in the twelve monthly payments.

16.7 Other Salary Concepts.

Companies will be able to establish other wage concepts such as job supplements according to the conditions of service delivery, job content, as well as add-ons in the workplace. the performance function or the evolution of the company. Unless otherwise agreed by the job-add-ons and those based on the performance or the evolution of the undertaking, they shall not be of a consolidable nature.

provisions of Article 36 of the Workers ' Statute will be in the field of nocturality. The remuneration of the plus of the night shall be carried out by applying 25% on the ordinary hour value, except in those cases where the worker has been hired to work at night and his salary has been fixed for that purpose. circumstance.

Article 17. Compensation for posting.

For all personnel affected by this Convention and in consideration of the cost of transport and travel, and without discrimination of provinces or localities, the companies will pay all their workers compensation for movement, in accordance with the salary review provided for in Article 16.5 of this Convention and the salary tables annexed to the Convention, which shall be payable only in the days and months worked and for its compensatory and indemnification transport and travel is not subject to social security contributions.

For the year 2012 there will be no variation, perceiving 66.48 € and for the year 2013 will be 66.75 € being reviewed at the end of the year as agreed in the art. 16.5.

Article 18. Diets.

In those assumptions that as a job performance it is necessary to move out of the job center, whenever it is necessary to spend the night, the amount of 38.25 € per day will be paid.

If you do not need to stay outside the home, a food ticket will be given for a fee of 19.53 € or, in the event that this system is not implemented in the companies, the amount will be paid by the Average diet concept.

It is understood that the average diet is accrued solely and exclusively by those workers who exceptionally have to move out of the workplace, not being applicable to those workers in which their work consists of the cast or any other activity in which they are permanently in a position of displacement.

CHAPTER VI

Working time and distribution

Article 19. Annual Day.

19.1 Maximum day.

The annual maximum ordinary day will be 1,788 working hours, which will be distributed between the opening days of the work centre, including Sundays and holidays. It shall be established one day per year of paid leave, to be enjoyed by common agreement.

19.2 Minimum day.

The daily minimum daily working day for workers with an annual day of 1,788 hours is set at four hours and the maximum in nine hours. In the continuous five-hour working day, the worker shall enjoy twenty minutes of rest during the journey on the same account.

Without prejudice to the foregoing, on December 25, January 1, and January 6, workers will not be required to provide services in those days.

19.3 Calendar.

The annual work calendar shall be negotiated with the delegate of staff or business committee if any, between the months of November-December of the year preceding that of its execution. Due to the peculiarity of this activity, subject to a discontinuous production, companies will be able to set up flexible annual work days, distributed by each company according to the needs of the service. In this way, the periods of less work with those of the greatest work, provided that the timetable established does not exceed 1,788 annual working hours fixed, respecting the provisions of the Workers ' Statute.

19.4 Weekly break.

All workers will be entitled to a weekly rest of two consecutive days. Such rest may be cumulable for periods of up to 14 days if it is agreed between the representatives of the employees and the undertaking. When the weekly rest of any worker coincides with a holiday or eve of their enjoyment, it shall take place on the following working day.

19.5 Rest by holidays worked.

If the worker works on one of the 14 unrecoverable and non-recoverable holidays, each holiday will be compensated by a specific day of rest. These days of rest may be accumulated according to the company.

19.6 Inventory.

Workers will have an obligation to take an overall inventory per year. The inventory will be scheduled in the working calendar within the ordinary day. If it is performed outside the ordinary day, the hours exceeding the ordinary day will be considered overtime.

Article 20. Overtime.

The overtime will be voluntary. In the event that they are carried out, they will be paid with an increase of 75% the ordinary hour and 150% when they are held on Sundays or holidays. By mutual agreement between company and worker they can be compensated with rest.

Article 21. Holidays.

The staff affected by this Convention, without distinction of work categories, who will carry at least their services for a year in the company, will enjoy a paid vacation of thirty-one calendar days. Workers who cease or enter in the year will have the proportion of the proportion of the time worked. The company according to the legal representation of the workers or in its defect with the workers and taking into account the needs of the service, will make the calendar of holidays, from which, in any case, will be excluded If the worker so requests, at least 15 days of leave will be enjoyed between 1 June and 30 September.

In accordance with the amendments established in Law 3/2012 and drafted in art. 38.3 of the Staff Regulations: ' Where the holiday period laid down in the holiday calendar of the undertaking referred to in the preceding paragraph coincides in time with a temporary incapacity arising from the holiday of the undertaking concerned, pregnancy, parturition or natural lactation or with the period of suspension of the contract of employment provided for in Article 48.4 and 48.bis of this Law, it shall be entitled to enjoy the holidays on a date other than that of the temporary incapacity or that of the (a) the period of validity of the period of validity of the period of validity of the suspension, even if the calendar year is over.

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. "

Article 22. Paid leave.

The reference to the spouse will be understood not only to the marriage bond, but also to affective bonding and demonstrated coexistence independently of the sexual orientation, justifying by means of certification of the corresponding official registration of pairs in fact. In those stocks where there is no official registration, the Joint Commission shall determine this fact, on the basis of the documentation provided by the worker.

a) By marriage, fifteen calendar days.

b) For serious illness or death of relatives up to a second degree of consanguinity or affinity, five calendar days if it is outside the locality where the worker resides and more than 200 kilometres from it, and three days if within the locality. Being seven days if it's out of the country.

c) By child birth, three calendar days, expandable to three days if it is outside the province.

d) One day per wedding of relatives to second degree of consanguinity and affinity.

e) For one day per home move.

(f) The time required for the examinations to be attended by the worker for vocational training, compulsory secondary education and university education, with prior notice and subsequent justification.

g) For the precise time, and with justification of the same with the corresponding optional visa, when for reason of illness, the worker requires the assistance to the medical office in hours coinciding with their day work.

h) For the precise time, and with justification of it, for assistance to a doctor's office accompanying children under 12 years of age.

i) Up to four days a year or its equivalent in hours, for the completion of adoption or reception procedures. The worker shall justify the adoption with the appropriate documentation on the date of application for the licence.

(j) In cases of birth of premature children or who, for any reason, are required to remain hospitalized after delivery, the mother or father shall be entitled to leave the work for an hour. 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 will be provided for in article 37.6 of the Workers ' Statute.

k) Absence or lack of punctuality motivated by physical or psychological situations arising from gender-based violence. Law 1/2004.

Article 23. Unpaid leave.

For very serious illness of parents, brothers or sisters, sons or daughters, spouses or couple of fact, who require special and continuous attention, the worker or worker may request from the company license or unpaid leave for a minimum duration of one month and a maximum of three.

For the grant of this unpaid leave, the justification by medical certificate that the circumstances referred to in the first paragraph of this article are fulfilled shall be mandatory.

If the evolution of the disease is favorable, the worker or worker may request the return to the company before the end of the requested period, being obligatory for the company to take back in the next 15 days the date of the request which must in any case be made in writing.

The company may hire to replace the worker or worker on leave without pay another worker or worker, by means of the corresponding contract of interinity, and the interim must cease when the worker is incorporated. fixed worker or worker.

CHAPTER VII

Safety and health care

Article 24. Job security.

In all workplaces, strict compliance with the measures and rules contained in the Law on the Prevention of Labor Risks, approved by Law 31/1995 of 8 November, and other legal provisions will be required. This obligation affects both the Company and the employees, with the representatives of the Company being responsible for enforcing all the rules affecting the Safety and Health Care.

Article 25. Occupational health.

Annually all staff members of this Collective Convention, who so request, shall be subject to medical examination, completed with tests adapted to the most frequent risks of illness and accidents in relation to the job. The results of the medical examinations are absolutely confidential.

Article 26. Protection of pregnant women.

When the adaptation of working conditions or conditions is not possible or, in spite of such adaptation, the conditions of a job could have a negative impact on the health of the pregnant or pregnant worker. (a) the fetus, and this is certified by the Social Security physician who is able to provide the worker with the right to perform a different job or function and compatible with her status.

The change of position or function will be carried out in accordance with the rules and criteria applied in the functional mobility assumptions and will have effects until the time the worker's health status permits reinstatement to the previous post.

In the event that, even applying the rules mentioned in the preceding paragraph, there is no work or compatible function, the worker may be assigned to a position not corresponding to her group or category. equivalent, although it shall retain the right to the set of remuneration of its place of origin.

As not provided for in this paragraph, the provisions of Law 39/1999 of November 5 will be in place.

Article 27. Maternity.

In delivery, the suspension will last for sixteen uninterrupted weeks extendable in the case of multiple delivery in two more weeks from the second.

The suspension period will be distributed to the interested party whenever six weeks are immediately after delivery.

In the cases of adoption and acceptance, in accordance with Article 45.1 (d) of this Law, the suspension will last for sixteen weeks uninterrupted, extensible in the event of adoption or multiple acceptance in two weeks for each child from the second. Such suspension shall produce its effects, at the choice of the worker, either on the basis of the judgment in the court for which the adoption is constituted or on the basis of the administrative or judicial decision of a provisional or final acceptance, without No case of the same minor may be entitled to several periods of suspension.

In the case of disability of the child or of the child adopted or received, the suspension of the contract referred to in this paragraph shall be for an additional duration of two weeks. In case both parents work, this additional period will be distributed to the interested parties, who will be able to enjoy it simultaneously or successively and always on an uninterrupted basis.

Workers, who are breastfeeding for a child under the age of nine months, will be entitled to an hour of absence from work, which may be divided into two fractions. Workers by their will, may substitute this right for a reduction of their working day in half an hour for the same purpose or may request the accumulation of the period of breastfeeding to the maternity leave for a period of 23 working days for full-time workers. For part-time workers, they will enjoy the accumulation of breastfeeding in proportion to their working time.

Who, for reasons of legal guardian, has at least eight years of direct care or a disabled physical, mental or sensory person, who does 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. The time-frame of the reduction of the day shall be the worker.

Article 28. Uniforms.

The staff will be obliged to use the appropriate uniformity for each job set up by the companies. To this end, the companies shall provide direct-to-public staff, two annual uniform of compulsory use by such staff.

Warehouse staff and other similar facilities will be provided with two work teams per year, complete and appropriate to the corresponding tasks.

In any case, the uniforms will be the property of the company and the workers are obliged to keep the garments supplied with care and in order, being responsible for the improper use of the same.

CHAPTER VIII

Complementary aids

Article 29. Insurance policy.

The workers affected by this Collective Agreement shall be included in an insurance policy covering the contingencies of death and great invalidity due to accidents at work or non-work or occupational disease.

The policy will need to be guaranteed in the event of the contingency being covered, an indemnity of 18,000 euros.

Article 30. Benefits in purchases.

For all workers affected by this Convention, a preferential system for prices which cannot be less beneficial than the one offered to other collectives will be established for the personal use of the same. (i) work outside the company (such as self-employed gardening professionals; community owners; companies). In no case will the application of this system of profit in purchases result in prices lower than the cost price of the products according to market.

Article 31. Temporary incapacity.

Without prejudice to the most favourable conditions for undertakings included in this Convention, in the event of a common or occupational disease and accident, whether or not they are working, the following shall be observed: rules:

(a) In the event of incapacity for work due to illness or accident, duly authorised by the Social Security, of the staff covered by the assistance scheme, the undertaking shall supplement the compulsory benefits up to the full amount of their remuneration up to the limit of 12 months, with the possibility of extending up to eighteen months in the case of hospital and surgical operations, for the duration of such hospitalization.

(b) Staff in the case of a common illness or occupational accident who are not in compliance with a contribution period of one hundred and eighty days, within five years immediately preceding the causative event, the undertaking shall be obliged to satisfy the basic remuneration until such a period of absence is covered.

c) The staff covered by this Convention shall have the right to reserve the same place as they performed before being sick for eighteen months, in the event that there is a need for the extension of the six months established in Social Security.

This 18-month limit will be left in a situation of forced leave until your declaration of partial or total permanent incapacity for the usual profession, without such a situation being any burden on the company.

Article 32. Pension plan.

A new social security system is established for all businesses and all workers affected by this Convention.

To this end, the commitments entered into in the various collective agreements that had been applied up to the date concerning the pension plan of the Interprovincial Convention on Flowers and Plants and the Article 2 (1) of Regulation (EU) No. 4 of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council in a pension scheme of the joint promotion employment system which will be the subject of sector promotion, with coverage for retirement contingencies, permanent incapacity and death, in accordance with the provisions of the Royal Legislative Decree 1/2002, which approves the recast of the Law on the Regulation of Plans and Pension Funds and their development regulations.

The pension plan will be in the form of employment, joint promotion and defined contribution, with an annual business contribution, for the benefit of each worker, of 0.80% of their annual gross salary. This annual contribution shall be maintained indefinitely as long as the worker provides services in any undertaking within the functional scope of the Collective Agreement. In addition to the previous business contributions, on a transitional basis, additional extraordinary contributions will be made to the former, for workers with 48 years of age at the time of formalisation. Pension Plan.

CHAPTER IX

Other Provisions

Article 33. Equal opportunities.

The parties to this Convention declare their willingness to respect the principle of equal treatment at work for all intents and purposes, with no discrimination on grounds of sex, marital status, age, race or ethnicity, religion, or convictions, disability, sexual orientation, political ideas, membership or not a union, etc.

Special attention will be paid to the achievement of equal opportunities for men and women in access to employment, vocational promotion, training, stability in employment, and equal pay in employment. equal value.

The dignity of the person, the inviolable rights that are inherent to them, the free development of the personality, the physical and moral integrity, are fundamental rights of the person referred to in the Spanish Constitution. of the rights contained in the Staff Regulations of Workers with respect to privacy and due regard to their dignity, including protection against verbal or physical offences of a sexual nature.

The signatories of this Convention undertake to work on the implementation of policies and values, with the distribution of clear rules and values at all levels of the organization, which guarantee and maintain working environments. free of harassment where the dignity of the worker is respected and the development of people is facilitated. They therefore demonstrate their commitment to maintaining positive working environments, preventing harassment and pursuing and solving those cases that occur.

Article 34. Protection against moral and sexual harassment.

34.1 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 annul his professional promotional capacity or his stay in the post, adversely affecting the working environment.

Describes a situation in which a person or group of people engage in violence or psychological harassment, in a systematic way, usually for an extended period of time, over another person in the workplace.

34.2 Sexual Harassment and Harassment on the grounds of sex.

constitutes sexual harassment of any behavior, verbal or physical, of a sexual nature that has the purpose or produces the effect of attacking the dignity of a person, in particular when creating an intimidating environment, demeaning or offensive.

Sexual Harassment is any behavior performed according to the sex of a person, with the purpose or effect of attacking his or her dignity and creating an intimidating, degrading or offensive environment.

The work character is presumed to occur in the field 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 has to 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, because of its gravity, can be constitutive of sexual harassment. These behaviors impair the working environment and negatively affect the quality of employment, working conditions, and professional development of the victim of harassment.

34.3 Preventive measures. Rules of behavior.

The company, as a guarantor of the safety and occupational health of the people who work in it, has the obligation to maintain, or at least, promote, an environment or healthy working climate, adopting the measures aimed at preventing the provision of the person's services to mental or physical injury.

The Committee on Safety and Health will establish mechanisms for the detention of possible psychosocial risks and, where appropriate, will evaluate them and promote, in addition, the early detention of risk situations. through health surveillance.

The company's preventive policy is made up of a set of contents and principles that linking with its internal values of effectiveness and responsibility in the work show the commitment of the management and the employees with Security and Welfare within the company, as well as continuous improvement of the environment for its customers.

Article 35. Clause to neglect working conditions.

In order to achieve the necessary economic stability, companies which credit, objectively and reliably the situations referred to in Article 82.3 of the Workers ' Statute must submit to the representation of the workers the precise documentation justifying the application of this measure.

In the information to be presented, a study will be included on the impact of the application of the measure on the economic development of the company. The Feasibility Plan, which the company must present, will explicitly include short-term economic and financial forecasts and objectives, as well as the means to achieve such objectives.

Workers ' representatives are obliged to treat and maintain in the highest reserve the information received and the data to which access has been accessed as a result of the provisions set out in the preceding paragraphs, therefore, in respect of all this, professional secrecy.

Likewise, the companies that allege what was expressed in previous paragraphs, will direct written, to the Joint Commission, communicating such a situation, which will ensure the exact fulfillment, in its own terms, of the provisions of the present convention. The letters must be accompanied by a copy of the communication made to the representatives of the employees. In any event, the intervention of the Joint Commission will be limited to the knowledge of the development and implementation of the agreed process without interfering in the knowledge of the data of the affected companies that could be classified as strict confidentiality, corresponding to the negotiation of such exceptional situations to the company itself and to the representatives of the employees of the same company and to the Joint Commission if no such representatives have been elected in the company.

If agreement is reached in the negotiations between the company and the workers ' representatives, it must be communicated to the Joint Commission. In the event of disagreement, after 15 calendar days of negotiation in the company, the parties may jointly request the Joint Commission for mediation or arbitration. If such mediation or arbitration is requested, the Joint Committee must be sent sufficient documentation to enable it to act. If, in the opinion of the Commission, the documentation sent is not sufficient to enable it to be delivered, it shall be addressed to the parties requesting extension or clarification thereof. In the case of failure to conduct an agreement, the provisions of the First Framework Agreement on Trade (AMAC-BOE of 2 February 2012), Chapter III of the out-of-court settlement of collective disputes, will be in place.

CHAPTER X

Fouls and Sanctions

Article 36. Disciplinary regime.

I. Workers may be punished by the Directorate of the Company in accordance with the rules of faults and penalties specified in the following paragraphs.

II. Any failure committed by a worker shall be classified according to his or her nature and circumstances which are minor, serious and very serious.

III. The list of the faults mentioned below is made without an exhaustive claim, so it may be sanctioned by the management of the company any infringement of the current labor regulations or contractual non-compliance, even in the the case of not being classified in this Convention.

a) The following are considered minor faults:

1. Three punctuality faults in work attendance in a month.

2. The abandonment of work without justified cause, even if for a short time. If, as a result of the abandonment, serious injury to the Company is caused, or is caused by accident to his or her colleagues, this fault may be considered to be serious or very serious, as the case may be.

3. Lack of toilet and personal cleaning when it is such that it can affect the production process and image of the Company.

(b) The following shall be considered as serious faults:

1. More than three punctuality in attendance at work, or abandonment of work, in one month.

2. Absence from work without proper authorization or cause, from one day to the month.

3. The violation of safety standards, including the non-use of personal protective equipment, unless the safety and health of the employee or the rest of his or her colleagues or other third parties can be seriously compromised. Case shall be considered to be very serious.

4. Disobedience to the orders of the superiors in any matter of work. If it involves a manifest breach of the discipline or of the discipline, it may be considered to be very serious.

5. The use of mobile phones in the job without proper authorization.

6. Perform, without the appropriate permission, particular jobs during the working day.

7. The use for particular cases of computer or telematic means made available to the worker for the purpose of carrying out his work. In the event that the use is abusive, the fault will be qualified as very serious.

8. Do not attend to the public with due diligence.

9. The recidivism in a slight lack, even if it is of different nature, within a trimester and having mediated written communication.

c) The following are considered to be very serious:

1. Fraud, acceptance of rewards or favors of any kind from third parties on the occasion or occasion of the connection with the company of the worker; disloyalty or breach of trust in the efforts entrusted; the misappropriation, the theft or theft, either to the Company or to the co-workers or to any other person within the Company's premises or during work anywhere else. To conduct trade or industry negotiations on behalf of another person, to sell or to charge himself, without the express authorization of the Company. Do not register business operations carried out on behalf of the Company.

2. Irregularities in the monitoring of procedures established by management which may result in fraudulent actions.

3. The simulation of illness or accident.

4. Simulate the presence of another worker, by any means of the usual ones to verify the presence of the worker in the Company.

5. Lack of respect or consideration for the public.

6. Disable, disappear, consume, or cause damage to products, tools, tools, machines, appliances, installations, buildings, goods, goods or documents of the Company.

7. To violate the secret of the correspondence or the reserved documents of the Company or to reveal to foreign elements to it, data of required reservation, using for it any type of means included the computer.

8. The continuous and usual lack of toilet and cleaning of such a kind that could affect the production process and image of the Company.

9. Ill-treatment of word or deed, abuse of authority, disrespect and regard to bosses or family members, as well as co-workers and the general public.

10. Usual drunkenness or drug addiction if it has a negative impact on work.

11. Continuous and voluntary decrease in the normal performance of your work provided that you are not motivated by any laws recognized by law.

12. Transgression of good contractual faith as well as breach of trust in job performance.

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

14. Any conduct or conduct in the field of work, which respects the respect of the privacy and dignity of the woman or man through the offence, physical or verbal, of a sexual nature. If such conduct or behaviour is carried out by way of a hierarchical position, it shall constitute an aggravating circumstance of that position.

15. The commission, by a superior of an arbitrary fact, that would constitute the violation of a legally recognized worker's right, from which a serious injury is derived for the subordinate or subordinate.

Article 37. Sanctions regime.

It is for the Company's management to impose the sanctions in the terms contained in this Convention. 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 admonition.

Admonishment 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. Termination of contract for disciplinary dismissal.

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

Article 38. Prescription.

The faults set forth in the article of this Collective Agreement shall prescribe:

The mild to ten days.

The severe ones at twenty days.

The very serious ones at sixty days, to be counted from the date on which the company became aware of its commission and, in any case, within six months of having been committed.

CHAPTER XI

Trade union rights

Article 39. Union rights.

The company will respect the right of all workers to be freely stated. In this regard, they may not make the employment of a worker subject to the condition that they take hold or give up their trade union membership and also do not dismiss a worker or harm him because of their affiliation or trade union activity.

Article 40. Union powers and guarantees

The powers and guarantees of the legal representatives of the workers within the companies will be those recognized in the Royal Legislative Decree 1/95 of 24 March, which approves the recast of the Law of the Statute of the Workers, and Organic Law 11/85, of August 2, of Freedom of Association.

Delegates and delegates of staff, members of committees and trade union delegates and delegates whose remuneration is fixed in whole or in part by incentives, premiums, etc., shall be collected from the time of their choice and during the use of the hours of guarantee, the amount corresponding to the average of the incentives or premiums obtained during the days actually worked in the month in question.

On the assumption that the number of days worked in the month by accumulation of hours was not significant, it will be taken as a reference for the calculation of the first paragraph of the last month of work without incident. significant of the trade union hours.

Article 41. Hours accumulation systems.

In order to facilitate the representation at the higher level of the workplace, the trade unions may use the system of accumulation of annual hours, at the level of the entire company, to which effect, the Delegates or members of the Committee, may to give up all or part of the credit for hours that the Law in question recognizes, in favor of another representative provided that it corresponds to the same union for which they were elected. For this to take effect, the transfer of hours must be submitted in writing, in which the following extremes shall be included: name of the transferor and the transferee, the number of hours transferred and the period for which the transfer is effected, which shall be the full months, up to a maximum of one year, and always thirty days in advance of the month in which the use of the hours by the union is to occur.

Article 42. Union dues.

I. At the request of workers affiliated to the Trade Unions, the companies will be deducted from the monthly payroll of the workers the amount of the corresponding union fee.

II. For this purpose, the worker concerned shall, through the trade union section concerned, send to the Management of the Company a letter in which he clearly expresses the discount order, the central or union to which he belongs, the amount of the quota, as well as the current account number or savings bank to which the corresponding amount must be transferred.

III. The Company's Management will submit a copy of the transfer or the list of discounts to the Trade Union representation in the Company, if any.

Article 43. Interagency committee.

Under the provisions of Article 63.3 of the Workers ' Statute, in companies where there is a dispersion of centres in different provinces, an Inter-Centres Committee will be set up as a representative body. In order to serve as a resolution of all those matters which, exceeding the competence of the Committees of the Center or the Staff Delegates, as matters affecting several centers of the same company, must be treated with a general character.

the provisions of Article 65 of the Staff Regulations shall apply to the Inter-Centre Committee.

The maximum number of components of the Intercenters Committee shall be 13, its members shall be appointed from among the components of the various Committees of Center or Delegates of Personnel and in the constitution of the Committee shall be kept the The proportionality of the trade unions, according to the company's electoral results.

The appointment of the member of the Intercenters Committee shall be made by the trade unions through communication to the Company.

The composition of the Intercenters Committee will be made by the trade unions through communication to the Company.

The Intercentres Committee assumes the powers provided for in Articles 64 and 41 of the Staff Regulations for the Committees and their decisions in matters falling within their competence shall be linked to the whole of the workers.

Additional disposition first. Conflict resolution.

The signatory parties to the present Convention consider it necessary to establish voluntary procedures for the settlement of collective conflicts by not depleting the tasks entrusted to the Joint Committee with the needs of the (a) in relation to the application and interpretation of the agreement and its suitability for the circumstances in which the work is carried out and carried out, it may arise between undertakings and workers. To this end, they assume the contents of the ASEC V. Therefore for the out-of-court settlement of conflicts, they are subject to the provisions of articles 3.3 of the Agreement on Extrachautal Conflict of Conflicts and 4.2.b of the regulation that develops it and, on the basis of the provisions of Article 92.1 of the recast text of the Workers ' Statute Act, it is agreed to adhere in full and without any conditions to the ASEC, as well as to its implementing Regulation.

Additional provision second. Adherence to the continuing vocational training system.

The parties that sign this Collective Agreement, in all their terms, subscribe to the Fourth National Agreement on Continuing Training, as well as those that replace it during the term of this Convention, as a better way to organize and to manage the training actions promoted in the Sector in order to satisfy the personal and professional development of the workers of the companies contributing to the economic efficiency and the competitiveness of the companies.

Additional provision third. Legislation In Force.

All the provisions of this Convention will not apply to the legislation in force.

ANNEX I

Specifications of the Joint Promotion Pension Plan for Gardening Centers Workers

Definitions

1. Joint Promotion Pension Plan for Gardening Centers Workers. It is the pension scheme of the system of employment regulated in the present Specifications, which integrates all the companies included in the functional scope of the Interprovincial Collective Agreement of Gardening Centers.

2. Promoters of the Plan or Promotional Entities. Each of the companies that call for the creation or are incorporated later and participate in the development of the Plan, whatever the social denomination that in the future they can adopt and without altering this condition changes that could affect their legal nature.

3. Participate. It is any physically linked natural person with any of the Promoters, since adhering to the Plan in accordance with Article 12 of these specifications and while maintaining the condition of such specifications.

The individual employer who makes business contributions in favour of his/her employees as a promoter under employment relationship may be included as a participant.

4. I took part in suspense. It is understood by participating in suspense to the Participant that it has ceased to carry out imputed contributions but maintains its rights within the Plan.

5. Beneficiary. It is any natural person entitled to the benefits of the Plan, since it acquires and while maintaining such a condition in accordance with these specifications.

6. Regulatory salary. It is the full remuneration of the worker. They form the basis of calculation on which contributions are determined.

7. Contributions of the sponsoring entity. Amounts contributed by each sponsoring entity, as set out in these specifications and the corresponding Annex.

8. Contributions from the participant. Amounts directly contributed by the unit-holders in accordance with these specifications and in the relevant Annex.

9. Pension fund or fund. It is the pension fund to which the Plan is attached as set out in the present specifications.

10. Gestora or gestora. The managing body of the fund is "............................", with C.I.F. ..............., domiciled in ..............., street .................., registered in the Mercantile Register of ............., took ......., book ........., section ......, folio ......., leaf ........., and entered in the Special Administrative Registry of the Management Entities of Pension Funds, with the number ................

11. Depositary or depositary entity. The deposit institution of the fund is ................... C.I.F. ..............., domiciled in ................, street ................, number .........., registered in the Register of Companies of ............., took ............., folio ...., leaf .........., inscription ......, and entered in the Administrative Register Special Pension Fund Depositary Entities with the number .............

12. Plan position account. The plan's position account within the pension fund collects the contributions and contributions, assets and rights corresponding to the Plan, as well as the income of the pension fund investments attributable to the Plan, deducted the expenses that is imputable to him. The implementation of the benefits resulting from the implementation of the Plan will be met by the Plan's position account.

13. Bulletin of personal data and designation of beneficiaries. Document that the members of each sponsoring entity that meet the requirements necessary to participate in the Plan submit to the Plan Control Commission with the personal and family circumstances required to determine the contributions that must be made at any time for the same or the benefits that have become due. If the document is submitted by the worker to the managing body, the managing body shall forward the document to the Control Commission or the corresponding sponsoring entity.

Also, this newsletter should include the designation of beneficiaries. In the event of failure to do so, the beneficiaries referred to in Article 23 of these specifications shall be deemed to be designated in the order of precedence provided for therein.

14. Newsletter sign-up. Document that the employees of each sponsoring Entity that meet the requirements necessary to participate in the Plan submit to the Control Commission of the Plan stating their desire to not be incorporated or to cause it to be lowered.

TITLE I

Denomination, object, legal regime, mode, and entry into effect

Article 1. Name.

The Pension Plan implemented by these specifications is called the "Joint Promotion Pension Plan for Gardening Workers".

Article 2. Subject matter and legal status

1. The present specifications define and regulate the legal relations of the Pension Plan of the Employees of the Gardening Centers in order to articulate a system of complementary social benefits, in the interest of the Participants and in favor of those who meet the condition of beneficiaries of the same.

2. The Pension Plan will be governed by the provisions of these Specifications, including each and every one of the corresponding annexes by Empresa Promotora, in the Royal Legislative Decree 1/2002, of November 29, for which the Recast of the Law on the Regulation of Pension Plans and Funds, in Royal Decree 304/2004 of 20 February, approving the Regulations of Pension Plans and Funds and the other provisions that apply.

Article 3. Mode.

The Pension Plan belongs to the mode of the joint promotion employment system on the basis of the constituent subjects and, due to the obligations stipulated, is qualified as a defined contribution.

Article 4. Entry into force.

This Plan will enter into force on the date of its formalization. Its duration is indefinite, without prejudice to the provisions of the present specifications for the alleged termination and settlement of the Plan.

TITLE II

Personal Scope

Article 5. Personal items.

Personal elements of the Plan are the Promotional Entities, the participants and the beneficiaries.

CHAPTER I

Of the sponsoring entities

Article 6. Promoter Entities of the Plan.

1. The Plan Promoters that motivate the creation of each of the annexes of these specifications are all the companies affected by the Interprovincial Convention of Gardening Centers, whatever the social denomination that in the the future may take, and without prejudice to any changes which may affect its legal nature, arising from mergers, removals, divisions, transfers or other similar situations, or by any other event of a global transfer or part of the estate, which will produce the subrogation in the rights and obligations of the the original promoter entity by the new or new companies.

2. The creation of the plan arises from a collective supra-business agreement that will establish the initial plan of the plan. As a result, the Promoter Entities urge the creation of the plan and/or participate in its development, as incorporated in the Plan from its inception, or later in the case of new companies.

3. Each promoter entity shall have an annex, which shall form part of the specifications and which shall contain all the specific conditions relating to that and its members ' employees, in any event the contributions and benefits corresponding.

These Annexes may not contain clauses or agreements that modify or leave without any effect the general conditions of the Plan's specifications, including, where applicable, the general scheme of contributions and benefits.

Article 7. Incorporation of new promoter entities.

1. They may also acquire the status of sponsoring entities for new companies that are incorporated after the Plan once constituted.

2. New Entities wishing to join as promoters shall submit to the Plan Control Commission an application for admission which shall contain the following:

(a) Project of the Annex referred to in Article 6 (3).

b) Statement of acceptance of the Plan's specifications and the rules of operation of the fund.

3. The effective incorporation of the new Promotional Entities will require the approval of the Control Commission of the Plan and must be communicated to the General Directorate of Insurance and Pension Funds within thirty days from the acceptance agreement, accompanying certification of the agreement together with the relevant annex.

Article 8. Separation of Promotional Entities.

1. The separation of a Promotional Entity from the Pension Plan may take place in the following cases:

(a) When the company is agreed with the representation of its employees, in order to incorporate those and their consolidated and economic rights into another Pension Plan of the employment system promoted by the company or the to be checked in, in the following cases:

I. If, as a result of corporate transactions, the Entity is at the same time promoting the present Pension Plan and other pension plans of the employment system, and the concentration is agreed upon to be different from that.

II. In any other case, if so agreed by the sponsoring Entity and the representation of its workers.

b) By agreement of the Control Committee of the Plan in understanding that some Promoter Entity has ceased to meet the general conditions or criteria established in the present specifications for the adhesion and permanence of some Entity in the Plan.

c) In the event that any of the causes of termination of the pension plans established in the regulations affect exclusively a promoter Entity of the Plan. The Plan Control Committee shall agree to the discharge of the Plan of the sponsoring Entity in question within two months of the fact that such a cause is exposed.

2. The separation shall result in the transfer of the members and beneficiaries concerned to the affected entity and their rights to another Employment Plan promoted by that entity or by the resulting or resulting from corporate operations.

3. Once the new Pension Plan has been formalized or the incorporation into the Plan or Pension Plans that proceed, the transfer of the rights of the Participants and Beneficiaries affected will be carried out within one month from the time it is accredited. to the Pension Fund the formalisation referred to, the time limit which the Control Committee of the Fund may extend up to three months if the balance is greater than 10 per 100 of the plan's position account.

4. The separation shall not give rise to any discount or penalty on the economic rights of the members and beneficiaries concerned.

Article 9. Rights of the sponsoring entities.

It is for the Promoter Entities to exercise the rights recognized in the current regulations and in these specifications, and in particular the following:

(a) Participate in the Plan Control Committee, by designating the vowels representing it and exercising the corresponding functions, in the terms expressed in these specifications.

b) Be informed of the financial and actuarial evolution of the Pension Plan.

c) Receive the personal and family data of the participants that are necessary to determine their contributions to the Plan.

Article 10. Obligations of the sponsoring entities.

Promoter Entities will be required to:

(a) Make the disbursement of the contributions in the amount, form and time limits provided for in these specifications.

b) Facilitate the data required by the Control Committee and be necessary for the purpose of carrying out its functions of supervision and control, guaranteeing the privacy, reservation and confidentiality of the data.

(c) Other obligations establishing the current specifications and current regulations.

CHAPTER II

Of the participants

Article 11. Participants.

1. Any employee of any of the Promoter Entities, whatever the form of employment, shall be involved in the Pension Plan unless, within one month of the date of such a condition, it expressly declares in writing. to the Control Committee of the Plan its desire not to be incorporated to it.

2. In addition, the individual employer who makes business contributions to his or her employees as a promoter under employment relationship may be included as a participant.

Article 12. High of a participant in the Plan.

1. Any employee, who meets the requirements set out in the following paragraphs of this paragraph 12.1, shall be deemed to be directly attached to the Plan, accepting as many stipulations are contained in these specifications and the rights and obligations which are derived from them unless, within a period of one month, they expressly declare in writing to the Control Board of the Plan their wish not to be incorporated in it. If such a demonstration is carried out by the worker to the corresponding sponsoring entity, the worker shall be transferred to the Control Commission.

All salaried persons who credit 18 months old will be integrated into the Pension Plan. For the computation of this age the following rules will be followed:

For the initial integration into the Pension Plan, account will be taken of the age accredited by each salaried person, in the company in which he provides services at the time of the formalization of the Pension Plan, For this purpose, the worker in the field of activity shall be credited to these effects in accordance with the terms set out in these specifications.

Once the Pension Plan has been formalized, the age to be considered for the purpose of determining the right of integration in it, will be the accumulated that is credited by the worker in any of the companies of the sector.

A cumulative age in the sector shall mean any provision of services for undertakings in this functional area, except that between the termination of an employment relationship and the beginning of the following period, a period of more than five years. If this is the case, the age count must be resumed again, except in situations of suspension of the contract for the exercise of representative public office; causes of force majeure; forced leave; decision of the workers who are forced to leave their job as a result of being a victim of gender-based violence; leave to play union positions.

From the moment a person enters the Pension Plan, subsequent business changes, provided that they are integrated companies, either within the scope of the Pension Plan or in the scope of this Convention, do not require the accreditation of a new period of absence. The mere membership of the Pension Plan implies the obligation of the new employer to make the corresponding contributions from the start of the new employment relationship.

2. No worker who meets the requirements to be a participant may be discriminated against in access to the Plan.

3. For workers who join any of the Promotional Entities after the completion of the Pension Plan, their date of discharge will occur with the effect of their respective date of entry into the corresponding company, provided that the age condition in the 18-month sector is met at that time unless expressly and individually the worker chooses not to adhere to the Plan.

The workers shall complete and sign the personal data sheet simultaneously to the subscription of their employment contract, without the non-subscription of this document, unless it is the worker's negative express, prevent their incorporation as part of the Pension Plan.

4. Each Promoter Entity shall inform the Commission of the Control of the Plan, semestrally 1, of the new hires produced during that period, together with the personal data bulletin and the designation of the beneficiaries subscribed, in its case, by the new employee.

5. On the occasion of his incorporation into the Plan, the participant shall have the right to obtain a copy of the specifications of the plan and of the declaration of principles of investment policy of the pension fund to which he is attached and the certificate of membership.

Article 13. Low a participant in the plan.

Members will cause a reduction in the Plan for any of the following reasons:

a) Acquire the condition of beneficiary, not derived from other participants.

b) By death of the participant.

c) For the effective mobilization of all the consolidated rights of the participant to another pension plan, once the extinction of the employment relationship with the corresponding Promoter Entity is produced without going to lend services for another Entity which in turn has the status of promoter of this Plan.

d) By termination of the Plan, proceeding to the mobilization of the consolidated rights as set out in Article 30 of these specifications.

Article 14. Rights of members.

Plan Participants are entitled to the following rights:

(a) Receive the contribution of the sponsoring Entity in your favour in accordance with the provisions of Article 27 of these specifications and the corresponding Annex in each case.

b) Entitlement to the consolidated rights that correspond to these specifications and to the applicable general provisions.

c) Maintain your consolidated rights in the Plan, with the condition of participating in suspense, in the situations provided for in these specifications.

(d) the ability to mobilize their consolidated rights in the assumptions and forms provided for in these specifications, in accordance with the provisions of the pension plan and fund legislation.

e) To make effective the consolidated rights in the cases of serious illness and long-term unemployment, in accordance with Article 29 of these specifications.

f) Request and receive from the managing entities and deposit the individual certificate of membership of the Plan.

Periodicity will be based mainly on the disbursement of contributions.

g) Get from the Control Commission, at the time of causing discharge in the Plan, copy of the present specifications and the statement of investment policy principles of the pension fund to which it is attached.

(h) Receive during the first quarter of each year a certification, referred to at 31 December of the year immediately preceding, with the completion of the direct contributions or which have been individually imputed to it in that period and the value of their consolidated rights as at 31 December of each year.

(i) Receiving through the Management Entity or, as the case may be, the Control Commission with the data provided by the Commission, at least on a quarterly basis, information on the evolution and status of its economic rights in the Plan, as well as changes in the applicable regulations, in the specifications of the Plan, in the operating rules, in the investment policy, in the management and deposit commissions of the fund where it is integrated and of any other aspects that might affect them.

This information will also contain a summary of the evolution and status of the assets of the fund, the costs and the profitability obtained, with the express indication of the total expenses of the fund in the part that they are attributable to the Plan expressed as a percentage on the position account and, where applicable, on the procurement of management with third parties.

j) Receive through the Plan Control Commission, extract from the Annual Report of the Pension Fund.

k) To participate in the development of the Plan, through its representatives in the Control Committee, and to hold, where appropriate, the status of voters and eligible for representatives in the Plan.

l) Make in writing, to the Plan Control Committee, the consultations, suggestions, complaints or clarifications that create appropriate on the functioning of the Plan.

m) Receive a semi-annual extract containing the most significant agreements of the Control Committee, in the opinion of the Commission.

Article 15. Obligations of members.

They are obligations of members:

(a) Communicate in writing to the Control Committee of the Plan and, where appropriate, the sponsoring Entity that corresponds to it, the personal and family circumstances required to determine the contributions that in each time must be made for the same or the benefits that have become due. They shall also communicate any changes to such data. In any event, the absolute confidentiality of such data shall be ensured.

b) Allow the corresponding sponsoring entity to deliver data that is necessary to the Control Commission for the development of its functions for the purposes of this Plan.

c) Communicate the contingencies and provide the necessary documentation for the receipt of the benefits, in accordance with these specifications.

d) Meet the standards set out in these specifications and the other applicable general provisions.

Article 16. Partakers on hold.

1. It is understood as a suspenseful participant for which the corresponding promoter entity has ceased to make contributions but maintains its Consolidated Rights within the Plan.

2. The Promotional Entities shall cease to make their contributions in the following cases:

a) By extinguishing the work relationship of the participant with the corresponding promoter Entity.

(b) When the participant is in a situation of surplus or has temporarily suspended his or her employment relationship with the corresponding promoter Entity for any of the legally intended causes, except in the cases provided for in paragraph 3 below.

3. The contributions of the Promoter Entities shall not be interrupted in favour of workers who are in any of the following situations:

(a) Temporary inability to participate, -Article 45.1c) of the Workers ' Statute.

b) Maternity, risk during pregnancy, adoption or acceptance, preadoptive or permanent, of less than 6 years -Article 45.1d) of the Workers ' Statute.

c) Exercise of a representative public office-Article 45.1f) of the Workers ' Statute.

(d) Force majeure-Article 45.1i) of the Workers ' Statute.

(e) Forced Exceding-Article 45.1k) of the Workers ' Statute.

(f) Situations provided for in Article 9.1b) of the Organic Law on Freedom of Association.

g) Legal closure of the company-Article 45.1m) of the Workers ' Statute.

4. The Consolidated Rights of the Participants in suspense shall be adjusted for the imputation of the yields and expenses that correspond to them as long as they remain in that category.

Article 17. Leave unitholders in abeyance.

A suspended participant will cause it to be low for any of the following reasons:

a) By joining another Pension Plan, exercising the right to mobilize their Consolidated Rights, after the termination of the employment relationship with the corresponding Promoter Entity or the separation of this Plan from the Plan.

b) By moving back to full Plan participation in case of recovering the requirements set forth in these specifications.

c) By moving to the beneficiary situation, not derived from other participants.

d) By death.

e) By termination of this Plan, you must mobilize your consolidated right to another Pension Plan as provided for in these specifications.

Article 18. Rights and obligations of the members in suspense.

1. The rights and obligations of the participants in suspense shall be the same as the other members, except as to the right to receive contributions from the Promotional Entity, but may nevertheless make voluntary contributions to the Plan.

2. The suspended members have the right to restore their situation in the Plan once the cause of the suspension has ceased, the contributions of the corresponding promoter entity resuming.

CHAPTER III

From the beneficiaries

Article 19. Beneficiaries.

1. The beneficiaries of the Plan shall be those natural persons who, having been or not members of the Plan, are entitled to the collection of benefits.

2. In the case of retirement and permanent incapacity, the condition of the beneficiary shall be the natural person who at the time of the production of the causative event has the status of a participant.

3. In the case of the death contingency of a participant or a beneficiary, persons designated by the participant or beneficiary in the beneficiary's designation bulletin shall be the beneficiaries. In the absence of an express designation, the order of priority of the beneficiaries shall be the order of priority of the beneficiaries shall be the surviving spouse or, where appropriate, the couple in fact, the children, the other legal heirs and, in the absence of all of them, the Pension Plan itself.

Article 20. Low of a beneficiary in the Plan.

Beneficiaries will cause low Plan:

a) For receiving the benefits set forth in these specifications in the form of capital, in one go, the rights of the beneficiary in the Plan are extinguished.

b) By exhausting, if applicable, the perception of temporary income benefit.

c) By death.

d) By termination of this Plan.

Article 21. Rights of beneficiaries.

They are beneficiaries ' rights:

(a) To receive the benefits derived from the Plan when the causative event occurs and properly accredits in the form stipulated in these specifications, upon delivery of the requested documentation.

b) To hold the ownership of the property resources affected to the Plan according to their economic rights.

c) Receive during the first quarter of each year, certification of the Gestora Entity, referred to at 31 December of the year immediately preceding, with concreteness of the amounts received during the year and the retentions practiced, as well as their economic rights in the Plan.

d) Participate in the development of the Plan through its representatives in the Control Commission and, where appropriate, hold the status of voters and eligible for representatives in the Plan, in the terms indicated in these specifications.

e) Make in writing, to the Plan Control Committee, the consultations, suggestions, complaints or clarifications that create appropriate on the functioning of the Plan.

f) Receive, through the Plan Control Commission, extract from the annual memory of the Pension Fund.

g) Request, in writing, to the Control Commission of the Plan of Membership Certificate of Membership.

h) To know, through the Control Commission, the balance sheet, results, Memory and audit report of the Pension Fund to which the Plan is attached, including all the expenses of the pension fund, which are imputable to the plan.

(i) receiving, through the Management Entity or, as the case may be, the Control Commission with the data provided by that, at least on a quarterly basis, information on the evolution and status of its economic rights in the Plan, as well as changes in the applicable regulations, in the specifications of the Plan, in the operating rules, in the investment policy, in the management and deposit commissions of the fund where it is integrated and of any other aspects that might affect them.

This information will also contain a summary of the evolution and status of the assets of the fund, the costs and the profitability obtained, with the express indication of the total expenses of the fund in the part that they are attributable to the Plan expressed as a percentage on the position account and, where applicable, on the procurement of management with third parties.

Article 22. Obligations of the beneficiaries.

1. Beneficiaries shall communicate to the Management Entity of the Fund the personal and family data required to justify the right to the perception of the benefits and their maintenance over time.

2. The beneficiaries shall also notify the Commission of Control of the occurrence of the contingency within six months of the occurrence of the contingency.

Article 23. Designation of beneficiaries.

1. The designation of beneficiaries will be made through the delivery to the Commission of Control of the Plan of the newsletter of personal data and designation of beneficiaries completed by the participant.

2. The designation of beneficiaries shall be personal, with the identification of names, addresses and the number of national identity documents, where appropriate. In the event that the designated persons are foreign nationals, their nationality, identification number (N.I.F.) or passport must also be mentioned.

3. The designation of beneficiaries shall include, in the case of a number of those designated in the same order of precedence, the proportions in which the benefits are received. In the absence of such economic rights, they shall be distributed equally.

4. It shall be the obligation of the participant to communicate in a manner to the Control Commission the incidents which may occur after the aforementioned completed Bulletin has been delivered, as well as any variation in the designation of beneficiaries.

TITLE III

Economic and financial regime

Article 24. Financing system.

The system of financing the Plan will consist of the individual financial capitalization of the contributions for each of the participants.

Article 25. Attachment to a Pension Fund.

1. The Fund to which this Plan is attached is "..........................................", registered in the Administrative Register of Pension Funds of the Ministry of Economy and Finance with the key .............. and in the Commercial Registry ................, it took .........., folio ........, leaf ........, inscription ........., the contributions to the Plan must be included in this Fund.

2. The integration is carried out through the plan's position account in the Fund, under the conditions that are specified in these specifications, and which will be in charge of the fulfillment of the benefits derived from the Plan.

CHAPTER I

Contributions

Article 26. Contributions and contributions to the Plan.

1. Contributions to the Pension Plan shall be determined for each Promoter Entity by the Annex incorporating the particular conditions relating thereto.

2. Contributions shall be mandatory for the sponsoring Entities.

Article 27. Business contributions from the Promotional Entities.

1. The annual business contributions of the Promotional Entities for the benefit of each worker will be 0.80% of their annual gross salary. This annual contribution shall be maintained indefinitely as long as the worker provides services in any undertaking within the functional scope of the Collective Agreement. In addition to the previous business contributions, as a transitional provision (second transitional provision), additional extraordinary contributions will be made to the former, for workers with 48 years of age. the time of completion of the Pension Plan, by the amounts equivalent to the percentages of their annual gross remuneration which are included in the second transitional provision.

The calculation basis to be used to determine the annual amount of that 0.8% will be as follows:

In general terms, the gross remuneration received by the employee in the financial year preceding the performance of the business contribution.

When a worker enters a business belonging to the scope of the Collective Agreement of the Sector of Gardening Centers, from another company in the same sector, it will be used as the basis of calculation. annual gross remuneration of its category in the new undertaking, in accordance with the salary tables in force in the financial year preceding the performance of the business contribution.

In the previous case, the business contributions made by a company in the sector, for the benefit of a worker in a particular exercise, will be incompatible with those made by the company that happens to the company in the job status.

When a worker exceeds, after 1 June of the corresponding financial year, compliance with the maximum deficit period provided for in the Plan's specifications (18 months), they will be carried out at that time. the business contributions of 0,8% provided for in this Article, on the basis of the greater of the following two:

The same as in the previous paragraph, always on the annual gross remuneration for a full year, derived from the Collective Agreement

The perceptions effectively perceived by that worker in the company in the previous year.

2. The business contributions shall be made on 1 June of each year, with the exception provided for in the previous paragraph for workers who exceed the period of absence during the financial year.

When the employee joins the company throughout the year, crediting the 18-month period of absence in companies of the sector provided for in Article 12 of these specifications, the corresponding business contribution The first year will be proportional to the time of service delivery and will be carried out on June 1, coinciding with the business contribution in favor of the set of members of the Plan, if the income is before that date. If the income is after 1 June, the business contribution must be made before the end of the month in which the company is discharged.

In the case referred to in paragraph 1 (c) of this Article 27, the business contributions shall be made on a general basis on 1 June of the year in which the 18-month requirement is credited or, before the end of the month in which the that circumstance occurs, if it occurs after that date.

When, during an exercise, a worker provides services for two or more companies in the functional scope of the Convention, each of them will make the business contributions corresponding to the time period in which provides services in that company.

When a worker causes low in the company before June 1 of the current year or when the business contributions should be made if it is different from the previous one, the company will make the contributions Business to the Pension Plan for the benefit of that worker, coinciding with the payment of the corresponding wage settlement.

3. The contributions of the Promotional Entities shall be irrevocable from the time of their accrual according to the specifications of the Plan, even if they have not been made effective.

4. The differentiation of contributions from the Promoter Entities corresponding to each participant shall be made in accordance with objective criteria previously agreed upon in collective bargaining of general effectiveness.

5. Each sponsoring entity shall be responsible for the fulfilment of the contribution obligations in respect of its work-participants as provided for in its Annex, without prejudice to the mediation in the payment of contributions made by any of the Entities promoters on behalf of others.

6. In any event, the contributions charged by each sponsoring entity shall not exceed the maximum limit established by the legislation in force at any time.

7. For new incorporation participants, the contributions will be made with the effect of the date of entry into the sponsoring company if at that time the age condition in the 18-month sector is met and if not when it is met.

8. For employees who cause a loss in the sponsoring undertaking, the corresponding contribution shall be made in the month in which they have caused a low and proportionally to the service delivery time since the last contribution made.

Article 28. Contributions from members.

1. Participants may make voluntary contributions to the Plan, in cash or in an account. For the latter case the corresponding written authorisation, which must be formalised by the participant, will be required.

2. Such contributions shall be made directly by the participant, although the mere mediation in the payment by a third party, which shall be credited to the Depositary Entity of the Fund, shall be duly authorised by the third party. make the entrance.

3. The participant may set monthly, quarterly, semi-annual or annual contributions.

4. The participant may at any time modify the amount and periodicity of his contributions, as well as interrupt the performance of the contributions for an indefinite period.

5. At all times, the participant will be able to make extraordinary contributions, regardless of which, if any, periodically he/she is carrying out, as well as to mobilize the Plan rights consolidated from other plans, in the terms stipulated in the current regulations.

6. The voluntary contributions shall be carried out by any of the procedures provided for by the Gestora Entity, once approved by the Control Commission, being, once carried out, irrevocable, so under no circumstances shall it be (a) to be cancelled, except for material error attributable to the Management Entities or Depositary of the Pension Fund, without prejudice to the return of excess contributions in the event of exceeding the ceiling laid down by the legislation in force in each time.

7. On a quarterly basis, the Management Entity will inform the Commission of Control of the individual amount of contributions and mobilizations of consolidated rights voluntarily integrated by the participants in the Plan, distinguishing the periodic contributions of the extraordinary. That quarterly report shall also include data on the evolution of such contributions and rights, as well as all those that are timely agreed.

CHAPTER II

Consolidated Rights

Article 29. Consolidated rights.

1. The share of the share of the capitalisation fund which corresponds to it according to the contributions, direct or imputed, and the income generated by the resources invested, shall be the consolidated rights of the participant, taking into account, where appropriate, the breaks, costs and expenses that have occurred.

2. Consolidated rights may only be made effective in order to satisfy the benefits of the Plan or in the cases of serious illness or long-term unemployment, in cases and in the terms provided for in the legislation in force.

3. Such consolidated rights may not be the subject of an attachment, judicial or administrative action, until such time as the provision is made or are made effective in the cases of illness or long-term unemployment mentioned.

Article 30. Mobility of consolidated rights.

1. The Consolidated Rights shall be mobilised in the cases covered by the Pension Plans and Funds legislation and by these specifications.

2. The participant that extinguishes his or her employment relationship with his Promoter Entity and does not pass on to provide services with another Promoter Entity of this Plan will be able to mobilize his consolidated rights to another pension plan that he designates. To this end, it must submit to the Control Board of the Plan or the Management Entity certification issued by the new plan accepting its admission and indicating the identifying data of the account of the Pension Fund to which the plan is located. for the purpose of carrying out the relevant transfer. If the indicated designation is not produced, it shall be deemed to be a suspended participant, from the termination of the employment relationship with the Promoter Entity.

As long as the transfer or mobilization of the consolidated rights does not occur, the participant will have the status of participating in suspense and those will be adjusted for the imputation of results that correspond to him the period of their maintenance in the Plan.

3. The mobilisation of all the consolidated rights will cause the reduction of the participation in the Plan.

4. In the case of the mobilisation of consolidated rights, the amount shall be equal to the value of the certificate on the day immediately preceding the actual mobilisation, which shall be subject to the legal costs incurred.

5. Unit-holders may mobilise the consolidated rights they have in another pension scheme to this Plan, in accordance with the procedure laid down in Article 28. 2 of these specifications.

6. The costs arising from the transfer of the consolidated rights shall be borne solely by the holder of those rights.

7. By termination of the plan.

Article 31. Exceptional liquidity assumptions of the consolidated rights.

1. The consolidated rights of members will only be effective for the exclusive effects of their integration into another Pension Plan, preferably of the employment system.

2. However, the participant may, by way of exception, make effective his or her consolidated rights in the event that he is affected by a serious illness or long-term unemployment situation.

I) Serious illness:

(a) Serious illness: Any physical or mental injury or injury to the participant or his or her spouse, or any of the ascendants or descendants of those in the first degree, or a person who, under a tutelage or welcome, live with the participant or depend on it.

Such an ailment will be such that it temporarily incapacitate the person's occupation or usual activity for a continuous period of at least three months, and requires clinical intervention of major surgery in a facility. hospital or treatment in the same, or that generates permanent sequelae that partially limit or completely impede the occupation or usual activity.

(b) In order to be considered a serious disease for these purposes, it must be accredited by a medical certificate from the competent services of the health system or the concerted entities which extend to the affected.

(c) The above assumptions shall be deemed to be a serious illness as long as they do not result in the participation of a permanent disability benefit in any of its degrees under the Social Security Scheme; and provided that they involve a decrease in their disposable income from an increase in expenses or a reduction in their income.

II) Long-term unemployment:

(a) It shall be considered for long-term unemployment, for the purposes laid down in this Article, for the legal status of unemployment of the participating Member for a continuous period of at least 12 months, provided that registered at the National Employment Institute or competent public body, as a jobseeker, does not receive unemployment benefits at its contributory level.

(b) The legal status of unemployment shall be understood as the result of the extinction of the employment relationship of the participant with the Promoters of the Pension Plan, in accordance with the provisions of Article 208.1.1 of the Royal Decree Legislative 1/1994, of 20 June, approving the recast text of the General Law of Social Security.

Consolidated rights may be made effective by payment or subsequent payments as long as such duly accredited situations are maintained. The perception of the consolidated rights shall not be incompatible with the performance by the participant or the promoter of contributions to any Pension Plan as long as such a circumstance is maintained.

The participant affected by one of the situations described must provide the Control Commission with the documentation of the situation, which may be the latter, requesting, if appropriate, additional documentation be checked by the Gestora Entity before proceeding to the payment from the consolidated duty.

CHAPTER III

capabilities

Article 32. Benefits.

The benefits, consisting in the recognition of an economic right in favour of the beneficiaries of this Pension Plan, which has been covered by the contingency covered by the pension plan, are as follows:

1. Retirement benefit.

1.1 All participants shall be entitled to this benefit when they are entitled to retirement in accordance with the provisions of the relevant social security scheme, be they the ordinary, anticipated or later age.

1.2 If the access of the participant to retirement is not possible, the event causing this contingency shall be understood to have occurred from the age of 65 whenever the participant ceases or has ceased its employment relationship with the Entity the corresponding promoter of this Pension Plan and is not listed for retirement contingency under any Social Security scheme.

1.3 Persons who, in accordance with the Social Security regulations, are in the situation of partial retirement will have the status of participating in the coverage of the contingencies provided for in this plan. acapecer, being able to make contributions for total retirement.

1.4 In addition, the participant may anticipate the collection of the corresponding retirement benefit provided that the simultaneous concurrence of the following circumstances proves:

a) Cesar or have ceased their employment relationship with the corresponding Promoter Entity of this Pension Plan.

b) Be served 60 years or older.

(c) Not to be listed for retirement contingency under any Social Security scheme, without prejudice to the fact that, where appropriate, it continues to be treated as high in one of them.

(d) Not yet meet the requirements for obtaining retirement provision in the corresponding Social Security scheme.

e) Not making contributions, either direct or imputed, to this or any pension plan for retirement contingency.

2. Death benefit.

If a participant or beneficiary of the Plan dies, the beneficiary/s designated by them or accredited under Article 19 (3) shall receive the death benefit in the form and proportion which, if applicable, that participant or beneficiary has established.

3. Permanent disability benefit.

If a participant, before causing the right to retirement benefit, will cause a loss in the company to be in a situation of incapacitated in any of the following grades: total, absolute and great invalidity, will receive the the permanent incapacity provided for by the Plan, regardless of the determining factor of such incapacity. Permanent incapacity in its various degrees shall mean the situation which is recognised and declared by the National Institute of Social Security or competent body or, where appropriate, by the competent court.

Article 33. Amount of benefits.

The amount of the benefits shall be equal to the consolidated right of each participant at the time of the event causing them.

Article 34. Method of collection of benefits.

1. The beneficiaries of this Plan, the contingency covered by this Plan, may choose the perception of the corresponding provision in the form of capital, in the form of income, financial or actuarial, or in mixed form.

2. The provision in the form of capital shall consist of the single payment perception which may be immediate to the date of the contingency or deferred to a later time.

In any event, if the maturity is reached, the beneficiary does not indicate within the time limit established the means of payment, the Management Entity will deposit its amount in a credit institution at the disposal and on behalf of the beneficiary, Thus, the provision in charge of the Pension Plan is satisfied.

3. The provision in the form of income shall consist of the collection of two or more successive payments on a regular basis, at least one per year.

Payment of these rents may be immediate from the date of the contingency or deferred to a later time.

The benefit in the form of income may, at the discretion and choice of the beneficiary, adopt the form of financial income or actuarial income.

The amount of the rent may be constant or revalued.

The revaluation of benefits may be provided under the following conditions:

(a) Insured rates: the revaluation will only be possible by setting a specific figure as a revaluation index, at the time of the choice of this form of recovery.

(b) Uninsured income: the periodic review of the income may be made in accordance with a predetermined rate at the time of election of this form of recovery. In this case they shall be eligible, in addition to the rates provided for insured income, any other that may be objectified, for example, changes in the Consumer Price Index of the previous year, or any other that allows for the updating of the benefit in the form of income.

The plan may carry out the external procurement of the insurance of the benefit with the reversibility of income and the possibility of advances, if any, requested by the participant or guaranteed by the plan itself, in which case the corresponding solvency margin should be established.

At the discretion and choice of the beneficiary, this benefit may be reversed to the persons designated by him, so that in the event of the death of the beneficiary the said income or a certain percentage would pass to his or her beneficiaries, who would receive it for as long as it was established.

4. The benefit in mixed form shall consist of the combination of any of the income arrangements with a single capital charge, both as set out in the preceding paragraphs.

5. If you have chosen to receive the plan, benefits that are not insured, the beneficiary of a deferred benefit or in payment course may request the anticipation of payments and amounts initially foreseen, in the terms of the following:

5.1 Where the provision of deferred capital is chosen, the maturity of the capital may be anticipated in its entirety.

5.2 When you have chosen to receive the benefit in the form of income, you may:

a) Anticipate, at any time, the capital equivalent to the total remaining rights.

b) Anticipate in each financial year the outstanding amounts receivable in the calendar year.

5.3 When you have chosen to receive the benefit in a mixed form (income-capital), you can:

a) Anticipate capital equivalent to the total remaining rights for both concepts.

b) Anticipate, only, the entire default capital.

c) Anticipate, only the outstanding rents in full.

d) to anticipate in each financial year the outstanding revenues in the calendar year.

Article 35. Application for the provision and supporting documentation.

1. The beneficiary or his legal representative shall communicate in writing to the Supervisory Board of the Pension Plan or to the Management Entity the occurrence of the contingency covered by the Plan, within a period not exceeding six months after the date of issue. it has been or since its recognition by the competent authority or body, indicating the form chosen for the recovery of the benefit and submitting the relevant documentation.

In the event of death, the period indicated shall be counted from the fact that the beneficiary or his legal representative has knowledge of the death of the deceased and of his designation as a beneficiary, or since he/she can accredit his/her status by testamentaria or other means.

2. For the recognition of benefits, the following documentation must be provided:

(a) In the case of retirement: D.N.I. and a document certifying retirement or, where appropriate, the compliance of 65 years without the right to public retirement provision.

(b) In the case of the death of the participant or beneficiary: death certificate, document proving the beneficiary's status. In default of express designation of beneficiaries, their status as heir must be credited.

In the case of pairs in fact it will be valid to register in an Administrative Registry of these situations or the reasonable evidence that they prove such a situation of coexistence.

(c) In cases of permanent incapacity: DNI, copy of the proposal and final decision of the National Social Security Institute or, where appropriate, the judgment of the social court.

3. The Management Entity of the Fund in which the Plan is integrated shall notify the beneficiary in writing of the recognition of his right to the benefit, within the maximum period of 15 days following the submission of the relevant documentation, indicating the form, modality and value of the benefit, frequency and maturity, forms of revaluation, possible reversions and degree of insurance and other defining elements of the benefit in accordance with the option identified by that.

4. If the benefit is received in the form of immediate capital, it shall be paid to the beneficiary by bank transfer within the maximum period of seven days after the submission of the relevant documentation.

5. The Management Entity of the Fund in which the Plan is integrated shall give information to the Control Board of all recognised benefits as well as any of the extremes in which they are configured.

TITLE IV

The Plan Control Commission

Article 36. Object and address.

The operation and implementation of the Plan will be supervised by the Control Commission, which will be based in ......................................., street ........................................................... of .......... Address for the purpose of notifications .....................................................

Article 37. Composition of the Control Board.

1. The Control Commission shall conform to the system of joint representation and shall initially consist of 10 members; 6 representing the members and beneficiaries and 4 representing the Promoter Entities.

2. The absolute majority will always be the representation of the participants.

3. The future incorporation of a new company into the Plan will not alter the composition of the Control Commission until its next renewal.

Article 38. Election of the Control Committee.

The members of the Control Committee of this Plan will be appointed by the representatives of the Promoter Entities and the most representative trade union organizations in the supra-business sphere.

1. Designation of the representatives of the Promoter Entities.

1.1 The representatives of the Promoter Entities in the Control Commission shall be the persons freely designated for the purpose by them at any time, and must be confirmed when they have been in office for four years. To this end, the Spanish Association of Gardening Centres will designate the persons who, representing the companies included in the functional area of the state sector collective agreement of garden centres, will be part of the control.

1.2 However, the Promoter Entities may revoke the appointment at any time and replace their representatives by designating others instead of those previously appointed for each period.

1.3 The designation, revocation or replacement shall be communicated to the Control Commission by representative/s of the Promotive Entities empowered to do so.

2. Designation of representatives of members and beneficiaries:

2.1 The representatives of the participants and beneficiaries in the Control Committee will be jointly appointed by the representation of the workers in the Negotiating Table of the Interprovincial Convention of Enterprises for (a) the company's garden centres, and in its absence will be required to be certified by the Directorate-General for Work in this respect.

2.2 The designation will be carried out by the trade union organisations with implementation in the sector mentioned above, taking as a representation of each trade union organisation.

2.3 The appointed members will have to count at least, with the support of the trade union organisations representing fifty-one per cent (51%) of the members of works councils and delegates of staff of the sector, in the time to make the choice.

2.4 In order to prove the choice of the representatives of members and beneficiaries, where appropriate to carry out the four-year renewal, the trade union organizations with implementation in the field of the sponsoring companies, that have at least 51% of the sum of the staff delegates and members of the works councils of those undertakings, and shall sign an Agreement which shall appoint the representatives of the members and beneficiaries of the Committee of Control.

2.5 Such an Agreement shall be forwarded to the outgoing Supervisory Board, which shall be renewed, within one month of receipt of the said Agreement.

2.6 Once accepted, the representation will last for four years, with the representatives being able to be renewed.

2.7 The renewal of the representatives of the participants and beneficiaries will be carried out in their entirety every four years since the establishment of the Control Commission.

2.8 During the term of office, each trade union organisation, which has appointed one or more members of the control commission, representing members and beneficiaries, within the Joint Designation Agreement, which is regulated in the paragraph 2.4 may be replaced by any cause (resignation, revocation of the appointment adopted by the trade union organisation itself, death, ...) to his/her representative by designating another or others instead of the appointed/s prior to the end of the period for which they were elected. In such cases, the mandate of the new member of the control committee shall be extended only until the end of the ordinary mandate of the replaced person.

2.9 In the event that the mandate of the Control Committee has expired, the Control Board shall not be notified of the Designation Agreement referred to in this paragraph, the Control Committee shall promote the determination of the representatives of the members and beneficiaries applying the rule of proportionality among the representatives of the most representative trade union organisations at the negotiating table. To this end, he shall apply for certification in the Ministry of Labour and shall communicate to each trade union organization the number of representatives in the Control Committee, requiring them to be appointed within one month.

Article 39. Presidency and Secretariat.

1. The members of the Supervisory Board shall appoint each other to whom the Presidency and the Secretariat may exercise the functions inherent in these charges.

2. The Chair of the Control Board of the Plan shall be held by a person elected among the representatives of the members of the Board and on a proposal from the members.

3. The Secretary shall be elected from among the representatives of the Promoter Entities.

4. A Vice-President and Deputy Secretary shall also be appointed who shall assume the duties of President and Secretary respectively in the absence of such duties.

Article 40. Gratuitousness of charges.

Members of the Control Board shall exercise their duties free of charge, by providing them with reimbursement of the necessary and justified expenses incurred in carrying out their duties.

Article 41. Disabilities and incompatibilities.

Members of the Pension Plan Control Commission may not be members of the Pension Fund Management Board, directly or indirectly, a share of more than 5% of the paid-up capital of the Pension Fund Management Entity. Similarly, the acquisition of shares in the Gestora Entity in a percentage higher than the previously indicated by the members of the Control Commission will result in its cessation in the same.

Article 42. Functions of the Control Board.

1. The Plan Control Commission will have the following functions.

(a) Monitor the compliance with the provisions of the Plan in all matters relating to the rights of its members and beneficiaries, in relation to the other personal elements of the plan as well as in relation to the Fund and to the Gestora and Depositary Entities involved in the administration.

b) Select the actuary or actuaries to certify the situation and dynamics of the Plan, as well as the other professionals deemed necessary in the assessment and attention to the interests of the Plan itself, participants and beneficiaries.

c) Name the representatives of the Plan Control Commission in the Pension Fund Control Committee to which it is attached.

d) Agree to amendments to this Pension Plan in cases and in accordance with the procedure set out in these specifications.

e) Approve any changes that may be deemed relevant to contributions, contributions, benefits or other variables, arising from the actuarial revisions required by the Pension Fund and Plans regulations, in the cases and in accordance with the procedures set out in these specifications.

With regard to the system of benefits, contributions, and contributions modified by collective bargaining agreement of general effectiveness, the Control Commission shall adapt the present specifications to that established in the According to Article 45 of the Agreement, the Agreement is concluded.

f) Monitor the adequacy of the balance of the Plan's position account in the Pension Fund to the requirements of the financial regime of the Plan itself, as well as the strict compliance by the Management and Depositary Entities of its obligations to the interests of the members and beneficiaries of the Plan, in accordance with the contracts to be established for that purpose.

g) Judicial and extrajudicial refiling the interests of the members and beneficiaries before the Pension Fund, the Gestora and Depositary Entities and, in general, before any third parties, are natural persons or legal.

h) Agreed to mobilize the Plan's position account to another fund.

(i) to issue to the participants and, where appropriate, beneficiaries, at least quarterly, information on the evolution and status of their economic rights in the Plan, as well as the changes in the applicable regulations, specifications of the Plan, in the rules of operation, investment policy and management and deposit fees of the Fund where it is integrated and any other aspects that may affect them.

In order to perform its functions correctly, and in terms of the communication of the evolution and situation of economic rights in the Plan, the Control Commission will specify, the individual information that the participants and beneficiaries will receive directly from the Management Entity of the Fund, which will be limited to the execution of the shipment carried out by the Control Commission and, under the name of this, although indicating that it is the Entity Gestora that has supplied the individualized information that is the subject of this shipment. In addition, the Control Commission shall determine the content, with overall data, of the management report to be referred to that Commission by the Management Entity.

j) Decide on the other issues on which the applicable general provisions and the present specifications confer jurisdiction on you.

k) Understand and resolve any inquiries and complaints made to you by the members and beneficiaries and, where appropriate, to urge, as appropriate, the Pension Fund or the Management Entity.

l) Agreed to terminate the Plan in accordance with Article 46 of these specifications.

m) Select the insurance company that, if applicable, can cover the defined benefits of the Plan and those payable in the form of rent.

n) Agreed to the presence at the meetings of any advisor, participant, beneficiary or third person needed for the clarification of the issues to be addressed.

2. The President of the Commission shall have the following

:

(a) The legal representation of the Control Commission, exercising any administrative and judicial actions deemed appropriate, and without prejudice to the possibility of granting powers to third parties as decided by the Commission itself or, failing that, by informing the same person as soon as possible for the purposes of its ratification.

(b) The chairmanship and address of the meetings of the Control Committee, acting as a moderator, in order to implement the agreements adopted at that meeting and which may delegate these powers in general or particular.

c) The convening of all kinds of meetings, prior elaboration and communication to all members of the agenda.

d) The others that the Control Commission may delegate to you.

3. The Secretary's duties shall be:

a) Lift the corresponding minutes of each meeting with the President's approval.

b) To keep records of the minutes, as well as all manner of writing addressed to the Control Committee.

c) Custody the documentation relating to the Plan, which will physically remain on the Control Commission premises, unless otherwise agreed.

d) To issue certifications, with the approval of the President, on the minutes and on the communications to be made to participants and beneficiaries or to the public bodies to which the regulations are required in effect.

(e) The others that may be delegated to you by the President or, if applicable, the same Control Board.

Article 43. Operation of the Control Commission

1. The Control Board shall meet in a single call at least six months in ordinary session duly convened by its Chairman. It may also meet in extraordinary session as many times as convened by the President on his own initiative or at the request of a quarter of its members.

Calls for meetings of the Control Committee shall contain the agenda of the cases to be dealt with and shall be held at least one week in advance of the date of its conclusion, unless the meeting is of a nature. Very urgent, of course, it will take place two days in advance. If all the members of the Control Committee are gathered together and unanimously decide to hold a meeting and the determination of the matters to be dealt with therein, they may do so validly by dispensing with the prior notice.

2. Assistance to the Commission may be personal or by representation conferred on another member of the Commission. Representation shall be exercised by means of express and written delegation for each meeting, with any member being able to hold more than one delegated representation.

The Commission shall be validly constituted when, duly assembled, the majority of its members are present, either directly or by representation.

3. Each member of the Control Board shall have one vote.

The right to vote can be exercised through another member by the delegated representation referred to above.

4. In general, and unless otherwise specified in these specifications, the Control Commission shall adopt the agreements by a simple majority.

5. It shall require at least 70% of the votes of the members to be taken by the Control Commission to adopt the agreements in the following cases:

a) Modification of the specifications in everything relative to:

a.1) Regime, concepts, or contributions.

a.2) Plan Mode.

a.3) Composition and functioning of the Control Commission.

a.4) Modification, repeal or replacement of this article.

b) Completion of the Plan.

6. Given that the Pension Plan is a defined contribution for the retirement contingency, the adoption of the agreements affecting the investment policy of the pension fund will include at least the favourable vote of half of the representatives of the of the members of the Control Committee.

Necessarily are considered decisions that affect the investment policy the agreements relating to:

a) The choice and change of pension fund.

(b) The delegation to the Management Entity for functions and powers relating to the rights arising from investments, as well as the contracting of the management and/or deposit of assets with third entities.

c) The exercise of rights inherent in securities and other assets.

d) The selection, acquisition, disposition, realization, or warranty of assets.

e) The pipeline of resources from the Plan to another fund or to the Plan to various funds.

7. Any other modification of these specifications other than those set out above in paragraphs 5 and 6 shall be approved by a simple majority.

8. The Secretary shall draw up the corresponding minutes with the President's approval of each meeting.

9. The agreements of the Control Committee shall be executed by the President or, failing that, by the person to whom the latter or the Control Committee has expressly delegated the power to execute a particular agreement.

10. The members of the Control Committee, individually or collectively, are obliged to keep absolute confidentiality and reserve in the inherent position, keeping secret on the information of a reserved character concerning the present Plan or to any of its sponsoring companies, as well as to the individual data on unit-holders and/or beneficiaries that they may become aware of by virtue of their position. This obligation remains even after ceasing in its duties.

TITLE V

Plan Review, Modification, and Termination

Article 44. Review of the Plan.

1. The financial and actuarial system of the Plan shall be reviewed at least every three years by an actuary and, where appropriate, those other professionals who are precise, other than those who may intervene in the normal development of the Plan.

2. This financial-actuarial review shall comprise the individual assessment relating to each sponsoring undertaking, as well as the pension plan as a whole.

3. The review of actuarial aspects shall include at least the following information:

a) Description of the fundamental aspects of the plan.

b) Data for the valued collective.

c) Actuarial methodology.

d) Hippo used.

e) Analysis of contributions, benefits, and consolidated and economic rights.

f) Results and analysis of actuarial valuations.

g) Plan Position Account Analysis

h) Analysis of the Plan's solvency.

i) Projections to the next actuarial review.

j) Conclusions and recommendations.

4. The financial aspects of the review shall relate to the investment policy carried out in relation to the objectives and characteristics of the Plan and shall include at least the following:

(a) Basic criteria of the investment policy set by the control commission.

b) Characteristics of the assets that comprise the portfolio.

c) Setting benchmarks that reflect investment policy and strategy.

d) Analysis of possible deviations from the benchmarks.

e) Asset management and distribution policies according to criteria of profitability and risk and their adequacy to the objectives and characteristics of the Plan.

f) Analysis of sensitivity of investments.

g) Analysis of the duration of the portfolios and the congruence of deadlines with respect to the obligations of the Plan.

Article 45. Modification of the Plan.

1. The Plan may be amended by the Control Board in accordance with the procedure referred to in Article 45 of these specifications.

2. The system of benefits and contributions and contributions or any other ends of the Pension Plan may also be modified by collective bargaining agreement of general effectiveness in the field of one or more Promoter Entities (supra-business). Once this agreement has been reached, the changes in the specifications it has foreseen will be of direct application, forming part of the normative body that constitute these, without any need of any act on the part of the Commission of Control with after the adoption of the said Agreement without prejudice to the obligation to accommodate the specifications and the corresponding Annex.

3. However, the amendment of the special conditions set out in the Annexes to each undertaking shall be carried out by agreement between the company and the representation of its employees, in accordance with the rules laid down in the Annexes to this

.

These Annexes may not contain clauses or agreements that modify or leave without any effect the general conditions of the Plan's specifications, including, where applicable, the general scheme of contributions and benefits.

4. The modifications to the Plan, carried out by any of the routes set out in the previous paragraphs, shall be communicated by the Plan Control Commission to the members and beneficiaries.

Article 46. Completion of the Plan.

1. The following are causes for termination of this Pension Plan:

a) Dissolution of all the Promoter Entities of the Plan. For these purposes, the dissolution of the Promoter Entities by merger, assignment, division or other analogous situations, absorption or sale of the company or part of its activity, or by any other alleged event, will not be the cause of termination of the Plan. transfer of assets. The entity resulting from the merger or the transferee of the estate shall be subrogated to the rights and obligations of the dissolved Promoter Entity.

b) Absence of members and beneficiaries in the Pension Plan for a period of more than one year.

c) Manifest impossibility of carrying out the necessary variations resulting from the review of the Plan.

d) For failing to meet the basic principles of Pension Plans and Funds.

e) By the cessation of its Control Commission, in such a way as to render it impossible to function, in the terms that are set out in the applicable general rules.

(f) By decision of the Control Committee, with the favourable vote of the majority laid down in Article 43 (5

.

g) Other causes that may be established by the existing Pension Plans and Funds regulations.

2. In any case, it will be prerequisites for the completion of the Plan the individualized guarantee of the benefits caused and the integration of the Consolidated Rights of the participants in another Pension Plan in which the mentioned participant This is a condition.

3. In the event of any of the termination causes expressed, the participants and beneficiaries shall be notified, where appropriate, the concurrency of the specific cause of termination of the Plan and the commencement of the settlement procedures.

Article 47. Settlement of the Plan.

1. Determined the termination of the Pension Plan, it shall be wound up according to the following rules:

(a) All effects shall be deemed to be the date of the Act of the Control Board which decides to initiate the settlement process.

b) The termination shall be communicated to all participants and beneficiaries immediately.

(c) All those who justify a contingency-causing event covered by the Plan prior to the settlement date shall be considered to be beneficiaries.

(d) Benefits for beneficiaries shall be paid in the settlement process on a preferential basis to the consolidated rights of the members.

e) Once the benefits of the beneficiaries are paid, the consolidated entitlements corresponding to each participant will be quantified, and these should be mobilised to the employment pension plan where the participants can hold such a condition or in its defect, to the plan that each determines. The designation of the plan shall be made during the following month at the date of settlement. After this deadline, without any participants having communicated their desire to mobilize, the same will be transferred to the same transfer of the consolidated rights to another pension plan that has been selected by the Control Commission of this Plan.

(f) The benefits caused by the Fund in respect of beneficiaries of the Plan shall be settled or individually guaranteed.

2. However, prior to the above, the Control Board of a reserve shall be made available to debring the assets value of the position account in order to meet the costs incurred in the settlement process. The excess, if any, will be prorated between unit-holders in proportion to the amounts of their Consolidated Rights.

First transient disposition. Commission Promoter of the Plan

1. Election and composition of the Promoter Commission.

The Promotion Commission of the Pension Plan will adjust to the system of designation provided for in articles 9.1 of the Royal Legislative Decree 1/2002, of 29 November, for which the recast text of the Law of Regulation is approved of the Pension Plans and Funds, 27.2 of Royal Decree 304/2004 of 20 February, approving the Regulations of Plans and Pension Funds and 24 of these specifications.

It will consist of 8 members, 4 representatives of the sponsoring entities and 4 representing the participants.

2. Functions of the Promoter Commission.

Corresponding to the Commission promotes the following functions:

a) Approve the Pension Plan Project.

b) Select the Pension Fund to which the Plan is attached and submit the Pension Plan project to the Control Board of the Fund, for the purposes of its admission unless there is no such plan, in which case it shall be submitted for admission to the Fund's Management and Promoter Entity.

c) Formalize the Pension Plan by subscribing to the necessary documents.

d) The functions of the Control Committee of the Plan until it is constituted.

3. Operation of the Promoter Commission:

(a) The Promoter Commission shall elect a Chairperson, among the representatives of the members and a Secretary from among the representatives of the sponsor.

b) The President shall convene meetings, chair and direct the discussions.

c) The Registrar shall draw up the minutes, carry the books and be the recipient of the questions raised.

(d) It shall be validly constituted when duly convened, the majority of the representatives of the sponsoring Entities and of the members of the unit shall be present.

e) A record shall be issued for each meeting to be approved by the attending members, which shall be signed by the Secretary with the approval of the President.

Second transient disposition. Extraordinary contribution in 2007.

In addition to the ordinary business contributions set out in Article 27.1 of these specifications, and, on a transitional basis, additional extraordinary contributions will be made to the previous one, for workers with 48 years of age, completed on 1 January 2007, by the amounts equivalent to the percentages of their annual gross remuneration, which are set out below.

59

	Extraordinary business contribution, expressed in a single payment, result of applying the percentage reviewed to continuation on the monthly gross salary (annual gross salary divided by 12) additional to the annual current contribution of 0.8% of the annual gross
48	6.28
49	15.46%
50	24.75%
51	34.15%
52	43.67%
53	53.33%
54	55
56
	56
	56		56		82.88
57	92.93%
	58	103.15
60
	61		60	134.90%
	145.87%
	63	157.07
64	167.17%

These amounts will be paid at one time, coinciding with the first regular contribution to the Pension Plan for each of these workers. However, exceptionally and only if it is set out in an explicit manner in the Annex for each of the companies incorporated in the Pension Plan, this amount may be fixed at a maximum of three payments, with the corresponding financial update, with the following criteria:

Annual payments for extraordinary business contributions for each worker will not exceed a half-monthly payment, except for the third payment or when the worker will retire in which case the payment will be made. the entire outstanding commitment. Therefore, where it is necessary to make more than one annual payment for this purpose, the first payments shall be 50% of a monthly payment, understood as an annual gross salary divided by 12, with the sequence of annual payments being continuation.

Age

First Annual Payment	Second Annual Payment	Third Annual
48	6.28%
		49
	50
	50		50	50
52	43.67%
53	50%	3.47%
54	50%	13.62%
		50%	23.93%
		50%	34.20%
		50%
		50%	50%	50% 50%	5.49
59
50%	50%		16.73%
60	50%	50%	28.18%
61		50%	39.83%
62		50%	51,70%
63	50%	111.35%
64	167.17%

For the purpose of determining additional business extraordinary contributions for persons aged 48 or over, consideration shall be given to:

A) The age at the date of 1 January 2007, for those who already credit at that time the 18 months of seniority in the company initially required, will be made the extraordinary contributions coinciding with the first ordinary business contribution to the Pension Plan, and in the percentage that corresponds to the age they are accredited at that time.

B) For which, being in template to the date of formalization of the Pension Plan, that they credit this requirement of seniority and age (18 months old in the sector and 48 years to the date of 1 January 2007), make the extraordinary contributions coinciding with the first ordinary business contribution to the Pension Plan, once it has been incorporated into it.

With the full disbursement of this extraordinary contribution, compliance with the provisions of this transitional provision will be improved. From that time on, the business contribution obligation shall be limited to the requirements of Article 27 of these specifications.

Notwithstanding the foregoing, the failure by any of the Promoter Entities, for any of its affected workers, to pay off this extraordinary contribution, will involve the Entity a new undertaking of extraordinary contribution during the following financial year equal to that which it would have had to make under this transitional provision increased by an interest in arrears (legal interest of the money in that year plus three basis points) and so on until the effective disbursement of the extraordinary contribution.

ANNEX I

To the specifications of the Gardening Center Workers Joint Promotion Pension Plan

1. Promoter.

2. Contingencies and benefits.

Contingencies and benefits will be the same as stated in the Plan of the Plan.

3. Contributions.

The contributions allowed to the Plan are mandatory for the promoter and volunteers.

The sponsoring entity will provide all workers with those contributions that are included in the Plan's specifications.

The promoter assumes in front of the workers total responsibility for the information that is required to supply the managing body for the purposes of the calculation for the determination of the contributions, exempting the the management entity for the case of incorrectness of the data supplied to it.

There is/n/no contribution/s/s/s/s/s/s/s (Tachese is not applicable) according to the second transitional arrangement of the Plan specifications.

ANNEX II

Final salary tables for years: 2011 and 2012

Professional Groups

Group Salary	Extra Paga	Total Annual
Mandos	1,494,82	1,494,82	20.927.54
Technicians	1.161.96	1.161.96	16.267.55
	1.049.40	1.049.40	14.691.63
	-	-	66.48

Provisional salary table for year: 2013 (0.4%)

Professional Groups

Group Salary	Extra Paga	Total Annual
Mandos	1.50,80	1.50,80	21,011.25
Technicians	1.166.61	1.166.61	16.332.62
	1,053.60	1.053.60	14.750.40
	-	-	66.75

ANNEX III

Equal opportunities for women and men

Preamble: The following wording on equal treatment and opportunities for women and men is incorporated into the present Collective Convention of Gardening Centers, according to LO 3/2007, of March 22, for equality effective women and men.

1. Principle of equal treatment and opportunities.

Women and men are equal in dignity, as well as in rights and duties.

The principle of equal treatment between women and men implies the exclusion of all discrimination, whether direct or indirect, by reason of sex or gender; and in particular, those arising from maternity, the assumption of obligations family and marital status.

By means of the regulation contained in this chapter, the right of equal treatment and opportunities, between women and men, in the field of companies in the sector of the companies of the Gardening in particular through the elimination of discrimination against women, whatever their circumstance or condition, in accordance with the provisions of the LO 3/2007, of March 22, for the effective equality of women and men.

2. Prohibition of discrimination on grounds of gender.

A. Access to employment.

No one can be discriminated against on the basis of sex or gender in access to work. Job vacancies must, in any case, be made to both men and women and may not, directly or indirectly, exclude any worker or worker on account of gender. The selection tests performed by the companies may not make any difference or advantage related to the gender of the candidates and candidates. The recruitment of workers and workers may not be determined in the light of the gender condition of the worker or worker, except in the case of the establishment of positive action measures in favour of the represented infra-sex be established at the company level.

B. Professional classification.

The system of professional classification established by this Convention is based on common criteria for workers of both sexes and has been established to exclude discrimination based on sex.

C. Professional promotion.

In the regulation contained in this Convention on professional promotion and promotion, it is sought, through the introduction of positive action measures, to overcome the deficit of the presence of women in the categories and more qualified professional groups.

D. Vocational training.

The training actions of companies to their workers will tend to overcome the situation of professional postponement suffered by women in the field of work. For this purpose, quotas, reserves or other advantages may be established in favour of workers of the represented infra sex, in the field to which those activities of vocational training are intended.

E. Remuneration.

For the same work or for a work to which the same value is attributed, discrimination shall be eliminated, either directly or indirectly, by reason of sex, in all the elements and conditions of the remuneration, in the fixing of the (a) the level of remuneration, salary tables and the determination of any economic items, shall ensure, in particular, the application of this principle of equal pay on grounds of gender, in particular by monitoring the exclusion of discrimination; indirect.

F. Other working conditions.

In determining the other working conditions, including those related to the termination of the contract of employment, the sex or gender of the worker or worker concerned cannot be taken into account; unless there is a established as an express measure of positive action, in order to facilitate the recruitment or maintenance of the employment of workers whose gender is represented, and provided that it is reasonable and provided.

G. Protection against discriminatory harassment on grounds of sex and sexual harassment.

It will not be tolerated in companies in the sector of the companies of Gardening Centers the situation in which unwanted behavior occurs, related to the sex of a person, with the purpose or the effect of attacking the dignity of the person and to create an intimidating, hostile, degrading, humiliating or offensive environment. The situation in which any verbal, non-verbal or non-verbal behaviour of a sexual nature occurs, with the purpose or effect of attacking the dignity of a person, in particular when creating an environment, shall not be tolerated. intimidating, hostile, degrading, humiliating or offensive.

Within the Equality Commission the parties will negotiate a protocol of sexual, sexual harassment and harassment on grounds of sex.

3. Equality Commission at the State level of the 3rd Collective Convention of Gardening Centres.

The 4-member Equality Commission is constituted, designating the signatory business and union organizations.

The Equality Commission will specifically assume and exercise the powers of the Joint Committee of the Collective Convention of Gardening Centres on matters relating to equality between women and men in the field of education. work.

The Equality Commission shall monitor the implementation of the equality measures provided for in this Agreement, as well as the equality measures and the equality plans in enterprises.

Within the Equality Commission, new measures on equal treatment and opportunities for women and men may be proposed for inclusion by the Negotiating Commission, where appropriate, in the Third Collective Agreement. Garden Centers

The Sectoral Equality Commission of the Collective Convention of Gardening Centres will seek from the Government, the promotion measures to encourage the voluntary adoption of equality plans, especially for small and medium-sized enterprises. Medium-sized enterprises of Gardening Centres; provided for in Article 49 of the Law for Effective Equality between Women and Men.

4. Equality plans in the companies of the Gardening Centers.

Gardening companies with more than 150 employees will have to develop and implement an Equality Plan.

1) The negotiation of the Equality Plan in each company will be carried out in an Equality Commission that will be constituted as a matter of course, thus designating the management of the company half of its components, and corresponding the the designation of the other half to the trade union representatives present in the company, with the proportionality of the trade unions, according to the overall results considered.

2) If during the negotiation of the Equality Plan the situation of blockade occurs within the Equality Commission of the company, any of the parties present in it may urge a mediation process before the Joint Commission of the Collective Convention of Gardening Centres which in the framework of the Agreement on Extractive Conflicts of Conflicts (ASEC V) will constitute to this effect an organ of mediation within the Interconfederal Service of Mediation and Arbitration (SIMA). If the mediation concerned fails to unblock the situation, the dispute would be settled by an arbitration award under the obligation of the SIMA, constituting this precept prior and binding arbitration commitment for the parties.

3) In the event that workers are not represented in the company, the company will draw up the Equality Plan and, in any case, forward a copy of it to the Joint Commission of the Collective Convention of Gardening Centres. for knowledge of their content and monitoring of their application. To this end, the Commission may collect information from the undertaking on the assessment of the implementation of the measures provided for in the Equality Plan.

4) The Equality Plan to be formalised in writing shall include the entire enterprise, without prejudice to the establishment of appropriate special actions in respect of certain workplaces.

5) First, the Equality Commission in the company will make a diagnosis of the situation in each of its work centers and as a whole. To this end, the Equality Commission shall draw up a template with data and parameters to be the subject of analysis.

Next the Equality Commission in the company will set the concrete objectives of equality to be achieved. The strategies and practices to be adopted for the achievement of the objectives of equality laid down will also be established; through measures of access to employment, professional classification, promotion and training, remuneration, and work and prevention of discriminatory harassment on grounds of sex and sexual harassment. In this sense, the measures, which may be of positive action, will aim to achieve equal treatment and equal opportunities for women and men and to eliminate discrimination based on sex.