Having regard to the text of the collective agreement of the Private Insurance Mediation Sector (years 2013-2015) (Convention code n ° 99000165011987), which was signed on 2 July 2013, on the one hand, by the Business Association of Insurance Mediators (AEMES), representing companies in the sector and, of the other, the trade union organisations COMFIA-CC.OO., FeS-UGT and SPS-Fassa, representing the employees, and in accordance with the provisions of Article 90, Paragraphs 2 and 3 of the Law on the Status of Workers, Recast Text approved by Royal Legislative Decree 1/1995 of 24 March, and Royal Decree 713/2010 of 28 May 2010 on the registration and deposit of collective agreements and agreements.

This Employment General Address resolves:

First.

Order the registration of the said collective agreement in the corresponding Register of Conventions and collective agreements working through electronic means of this Management Center, with notification to the Negotiating Commission.

Second.

Arrange your publication in the "Official State Bulletin".

Madrid, 1 August 2013. The Director General of Employment, Xavier Jean Braulio Thibault Aranda.

PRIVATE INSURANCE MEDIATION SECTOR STATE-WIDE COLLECTIVE BARGAINING AGREEMENT (YEARS 2013-2015)

CHAPTER I

General Provisions

Article 1. Functional scope and application personnel.

1. This Collective Agreement shall apply to the employment relationships of Private Insurance Mediation Enterprises, whatever their name.

2. This Convention shall not apply to the relations, benefits, activities and works referred to in Article 1 (3) of the recast text of the Staff Regulations (TRET).

3. The relations referred to in Article 2 of the TRET are also excluded from the application of this Convention and the following persons and activities are expressly provided:

(a) Persons performing senior management functions, in accordance with Royal Decree 1382/85 of 1 August, such as members of the board of directors, delegated members, administrators, managers-managers, secretaries (a) a general or similar level, unless it has been agreed with the employer that the present General Convention applies to them.

(b) Persons or activities related to undertakings falling within the scope of this Convention for the provision of services of a commercial or civil nature, such as, inter alia, auxiliaries external and auxiliary advisers to private insurance intermediaries and collectors exclusively to the commission.

(c) Commercial mediation activity which, under the Private Insurance Mediation Act, may develop, outside of its working hours, employees of insurance intermediaries, in favour of the undertaking from which they are dependent, and the compensation that could be derived from it.

(d) Persons temporarily incorporated as "grantees" to mediation companies, which shall be governed by the covenants established between the entity or center that the tutele and the employer who receives them.

4. Private insurance intermediaries, whether natural or legal persons, shall be designated as 'mediators'. The obligations and rights conferred on private insurance mediation undertakings in this Convention shall be construed as references to the person, natural or legal, holding the ownership of the undertaking, as an employer, in accordance with the provisions of this Convention. by Article 1.2 of the TRET.

Article 2. Territorial scope.

This Convention shall apply throughout the territory of the Spanish State.

Article 3. Temporary scope.

1. Duration: From 1 January 2013 to 31 December 2015, with the specific benefits and benefits established for certain subjects in the relevant transitional rules and rules.

2. Validity: This Convention shall enter into force on the 20 days of its publication in the "Official Gazette of the State" and shall remain in force until 31 December 2015, except in those matters for which it is valid. different.

3. Extension and denunciation: The General Convention shall be deemed to be extended from year to year if it is not denounced in form by those who are entitled to do so. The complaint shall be made between 1 and 31 December of the year of its expiry or of any of its extensions. Once the Convention has been denounced, the negotiating committee will be set up on the terms and deadlines set out in the Workers ' Statute.

4. Period of negotiation: Denunciations of the Convention, it shall be understood that it maintains its validity during the period of negotiation and extension that are regulated in this paragraph. That period shall begin to be taken into account from the start of the negotiations at which time, in any event, is at the time of the forty-five day period since the Convention was denounced.

A year of negotiation without a new Convention having been agreed shall be extended for an additional three months by the said negotiation period.

During this extension, the parties will go to the mediation procedure under the Agreement on the Autonomous Solution of Labor Conflicts (ASAC), in order to find a solution to the existing discrepancies. The parties may also agree to submit to the arbitration procedure provided for in that ASAC.

Likewise, during the aforementioned extension, the parties will determine the matters of the Convention that will extend their validity beyond those periods, in the terms and with the scope that at the time they determine, taking as reference for their analysis and assessment to this effect, both the subjects dealt with in the negotiation and the degree of consensus reached with respect to the issues, and the subjects that would not have been dealt with in the negotiations.

Article 4. More beneficial absorption and conditions.

1. The remuneration and conditions laid down in this Convention, which are valued as a whole and on an annual basis, are considered to be basic and may therefore absorb, as far as they reach, remuneration and improvements on the basis of minimum regulations. or agreed, they would at present be satisfied by the undertakings, whatever the reason, denomination, form or nature of such remuneration and improvements, also valued as a whole and annual calculation, unless they had expressly been rated as inabsorbable.

2. The conditions resulting from this Convention may absorb, as far as they reach, any others that may be established in the future by law, regulation, convention, or agreement.

3. Undertakings which have established, on a voluntary basis, improvements to their employees, which are superior to the remuneration and conditions of this Convention, both as a whole and on an annual basis, shall be obliged to respect the excess.

Article 5. Binding to the entire.

The terms of this General Convention form an integral and indivisible whole and, for the purposes of its application, shall be considered as a whole, assuming the parties ' compliance with the whole of the Convention.

In the event that the employment authority or jurisdiction, in use of its own powers, does not approve or resolve to leave any of the parties to this Convention without effect, it shall be reviewed and reconsidered. in its entirety, if any of the signatory representations expressly require it.

Article 6. Coordination and sources of the employment relationship.

The rights and obligations concerning the industrial relations referred to in this Convention shall be governed by:

1. By the TRET and the laws and regulations that are applicable.

2. By this Collective Convention.

3. By the will of the parties, expressed in the contract of employment, being their lawful object and without in any case being able to establish to the detriment of the worker conditions less favourable or contrary to the legal provisions and to the present Convention.

4. For local and professional uses and customs.

Article 7. Articulation of collective bargaining and concurrency of collective agreements.

1. In the development of Articles 83 and 84 of the TRET, the parties to this Convention agree on the need to strengthen and value the framework of the sectoral collective agreement as a formula for stability, homogeneity and a competitive tool. allow the establishment of homogeneous working conditions in line with economic and social needs at any time.

This Convention will therefore be the minimum mandatory framework for all companies which do not have their own collective agreement or agreement and in respect of those matters which have not been reserved as priorities for the Convention. Business agreement under Article 84.2 of the TRET, or have been referred by the Sectoral Convention itself to the negotiation for agreement, agreement or agreement in the field of enterprise.

Complementarity between the different levels of negotiation should be flexible enough to adapt in each case, the reality of the companies within the sector and respond to the needs that can be given in that scope.

As such, the business and trade union organizations that are signatories to this collective agreement are committed to defending the sectoral framework.

2. The parties to the present Convention acquire a commitment not to negotiate sectoral collective agreements at a lower level than the state.

CHAPTER II

Organization of work and productivity

Article 8. Organization of the job.

The practical organization of work, within the legal provisions, is the exclusive faculty of the employer, who will respond to his/her use according to the laws.

Work organization systems and their modifications will be completed, for their effectiveness, with appropriate training policies.

Companies should not forget that the good march of production and, in short, their prosperity, depends on the internal satisfaction of the staff, which is born not only of a fair and just retribution, but of the fact that they are The European Parliament, the Council of the European Union, has made a number of comments on the Commission's report on the subject of justice. And they will strive to wake up and ensure in employees an efficient sense of solidarity. To this end, and through its representative bodies, the most appropriate methods will be established, both to inform staff on the production march and to receive their initiatives and suggestions on their problems and their problems. improvement.

When two or more private insurance mediation companies, affected by this Convention, are organized in such a way that the majority of their services are unified, based on common premises and with the obligation of the staff The same rights and obligations shall be guaranteed for all staff, on the most beneficial basis, as a whole and on an annual basis, and each company shall retain its own personality. legal.

Article 9. Productivity.

aware of the signatories to this Convention, of the need for a general improvement of the efficiency of the production system and to achieve the incorporation of all the agents of the production and the adequacy of the the work and institutional framework for achieving such an improvement, the signatories consider it essential to clarify the objectives to be achieved, as well as the factors that affect them and the basic instruments to achieve them.

The goals to be achieved are:

-Raise the competitiveness and profitability of companies and the quality of service delivery.

-Optimize productive capacity according to market orientations.

The parties to this Convention consider that the main factors affecting productivity are:

The investment policy.

Streamlining the productive organization.

Technological improvement.

The permanent formation.

The business programming of production and productivity.

The climate and the situation of industrial relations.

The conditions and quality of life at work.

The wage policy.

The qualification and adaptation of workers.

Absenteeism.

Consequently, the following instruments and criteria will be taken into account, among others:

1. Negotiation of productivity-related issues.

2. Establishment, with the participation of the legal representatives of the workers (RLT), of systems of measurement of productivity and of the level and/or productivity index to be considered as normal, or base period for comparisons.

3. Participation of the RLT in the monitoring of productivity measurements.

4. Establishment of guarantees on the distribution of profitability improvements achieved by productivity gains, applying them to the re-establishment and/or increase of the business surplus, investments which create jobs and wage incentives linked to improved productivity.

Companies that want to establish any system of measurement and improvement of productivity with consequent follow-ups, must be found in data and objective criteria, negotiating with the legal representation of the workers or, where appropriate, with the workers themselves, and meeting the following criteria:

A) Prior information of the same to the legal representatives of the workers.

B) That such plans do not discriminate against workers over others.

C) Setting test and adaptation periods.

CHAPTER III

Employment Policy

Article 10. Basic principles.

The parties to this Convention are aware of the problem of existing employment, the need and the possibility of addressing their different causes and consequences through active employment, sectoral and enterprise policies. Therefore, the signatories consider that the employment employment policy should be oriented according to the following principles:

1. Respect for the acquired rights of workers who are providing service to mediation companies.

2. The adoption of forecasting and planning methods, which guide the policies of human resources in the enterprise.

3. The companies affected by this Convention will have the objective of making a clear and determined commitment to the indefinite procurement, in order to facilitate this option. Article 14.3 of this Convention.

4. The need for companies to promote the incorporation of young, new-income workers who have the necessary prior training and to develop their learning in the enterprise and to continue their continuing training.

5. Discard any possibility of replacement of workers already consolidated in the Company by new workers, if it is done with the exclusive object of obtaining a supposed reduction of costs.

6. The income of the worker in the company must be produced by any of the procedures provided for in the current legislation, and in any case must be respected the special provisions which, as regards the registration of the worker as Employment claimant, they collect the provisions relating to certain types of contract.

7. The following general principles of employment policy and action will be taken from companies:

-Priority on stability and assurance in employment.

-Respect for the regulatory and causality principles of temporary contracting.

-Principle of non-discrimination on the basis of the nature of the contract.

-Potentiation of hiring in group VI as a path to the sector.

-Rationality in the distribution of work time for the development of employment.

-Adequation of overtime for consideration of their replacement by stable employment.

-The working conditions corresponding to each job may not be discriminatory on grounds of sex, age, nationality or any other condition or personal or social circumstance of the worker who performs it.

8. Any contract, whatever its nature and qualification, which is to be found on tasks or functions normally carried out in private insurance mediation undertakings, shall be governed by professional classification, remuneration, time of work, training and other working conditions basically agreed in this Convention, as established in this Convention.

9. It is considered appropriate to set up a working group which, within the Joint Commission for the Interpretation and Implementation of the Convention, will assume the following tasks, and any other functions which it considers to be the Commission's Peer:

-Monitoring, study and development of elements to promote the promotion of employment in the sector.

-Monitoring the compliance of the forecasts contained in this chapter in relation to the promotion of employment.

-Preparation and preparation of studies to serve future employment promotion measures in the sector that can be incorporated into the collective agreement.

-Evolution of employment in the sector and its characteristics.

The composition, functioning, powers and guarantees of its members shall be agreed by the Joint Commission for the Interpretation and Implementation of the Convention.

Article 11. Instruments of active sectoral employment policy.

The following application rules are set as the active policy tools for sectoral employment:

1. For the duration of this Convention, the undertakings concerned may not establish full-time employment contracts with staff who maintain a normal working relationship in another sector, or are in retirement, with monitoring by the parties to the implementation of the legislation on pluriemployment.

2. Companies may provide for any type of employment contract legally regulated, with preference for training contracts, as well as for the promotion of indefinite employment, provided that the general rules and specific rules of its own regulation, with particular regard to the rules on information, powers and rights of the legal representation of workers in this field.

3. Fraud of law in the field of temporary employment shall entail the legal consequences envisaged for such an event, in particular the presumption that it has been concluded for an indefinite period.

4. In order to boost the workforce, by enhancing the professional career through training, the recruitment of young workers through the professional group VI will be promoted.

5. At the enterprise level and through the legally provided participation mechanisms, specific monitoring of the rules and guidelines set out in the field of employment policy will be carried out.

6. In such a context of social dialogue, the company shall inform the legal representation of the employees on the basis of the legal periodicity provided for by the staff, with the expression of the necessary data and information. in order to know the situation of the workforce and the employment in the company, as well as its probable evolution. Similarly, it will report on the forecasts for the conclusion of new contracts, with an indication of the number of contracts and the contractual arrangements to be used, as well as of the subcontracting assumptions.

Likewise, during the month of January of each year, the company will give workers ' legal representation the employment relationship and data of workers in the workforce, which do not affect their right to personal privacy, to know your situation at that time.

7. An analysis of the situation and evolution of the most relevant aspects of labour relations and human resources in this sector is considered to be an annual and through social dialogue in the company. Convention.

Article 12. Regulation of certain contract modes of work.

The parties to this Convention agree to adapt to the particular circumstances of the mediation sector the regulation of certain forms of employment contract and, consequently, lay down the following conditions: provisions:

1. Contract on practices:

(a) These contracts shall be established in accordance with the regulation of Article 11 of the current TRET.

b) The groups and sub-groups in which the trainees can be surveyed are as follows:

-Group II.

-Subgroup III. A.

-Subgroup III.B1.

-Subgroup III.B2.

-Subgroup IV.A.

-Group V.

(c) The duration of the contract shall not be less than six months for workers in sub-groups III.B1. and III.B2, not twelve months in groups II, III.A., IV.A. and V, and shall in no case exceed two years.

d) In this type of contract a trial period may be agreed for the maximum duration of:

-Four months, for higher grade graduates.

-One month, for the remaining.

In the event that it is contracted for a duration of one year or more, the trial period will be:

-Five months, for higher grade graduates.

-Two months, for the remaining.

In the event that it is contracted for the maximum duration set in paragraph c) above, the trial period shall be:

-Six months, for higher grade graduates.

-Four months, for the remaining.

e) The minimum remuneration of employees linked to the company by this type of contract shall be:

-During the first year of the contract term: 70% of the base salary equal to the salary level corresponding to the Professional Group or Subgroup in which it is framed.

-During the second year of the contract term: 80% of the base salary equal to the salary level corresponding to the Professional Group or Subgroup in which it is framed.

-The rest of the remuneration concepts, to which the worker is entitled, shall be earned without any reduction.

2. Contract of work for training and learning.

The Groups and Subgroups in which the employees linked to the Company may be bound by this contract are:

III.C. subgroup

III.D. subgroup

Group IV.

The base salary that will be collected in this contract mode, will be at least the one corresponding to the salary level 9. The other remuneration concepts, to which the worker is entitled, shall be payable without any reduction.

3. Contract of eventual work due to circumstances of production:

In view of the need for the undertaking to meet circumstantial requirements of the market or to give rise to a backlog of tasks, contracts of employment may be concluded for a maximum period of 12 months, a period of eighteen, from the moment when the causes giving rise to this type of contract are produced.

At the end of the eventual contract, for the disappearance of the cause that originated it, and in the event that it does not go on to contract of indefinite duration, the company will pay the worker a gratification equivalent to two days of base salary for each month worked.

4. Contract of employment for the promotion of indefinite recruitment:

By means of a single repeal of Law 3/2012, of July 6, of urgent measures for the reform of the labor market, this modality is repealed. However, contracts concluded before 12 February 2012 will continue to be governed by the rules under which they were concluded.

Article 13. Subsidiary regulation and regulatory modifications.

In any event not covered by this Convention, it will be subject to the rules in force at any time.

In the event that the provisions of this Chapter are in contradiction with what, with an imperative nature, can be established in future rules, the parties undertake to review the same, in order to adapt it to the new rules.

CHAPTER IV

Test Period

Article 14. Test period.

1. The establishment of a trial period for which the maximum duration for each group and the professional sub-group may be agreed in the work contract shall be as follows:

Group I

IV

Group VI

12 months.
Group II	Group III
	Group
	IV
2 months.
Group V	Group VI
	month

2. Situations of maternity or temporary incapacity that may affect the employee or employee during the trial period will interrupt the calculation of the same, which will resume from the date of effective reinstatement to work.

3. For contracts of indefinite duration, a part-time of more than 85% and full days, a trial period may be agreed for the maximum duration for each group or professional subgroup:

Group I

12 months.
Group II	Subgroup IIIA, VA, VB
6 months.
Subgroups IIIB1, IIIB2, III C, VC1, and VC2	6 months.
Group VI	6 months.

CHAPTER V

Professional classification

Article 15. General principles.

1. For the purposes of this Convention, a system of professional classification means the legal arrangement whereby, on a technical and organisational basis, the inclusion of workers in a general framework laid down by the various job roles in the companies affected by this Convention.

This legal order is translated into the delimitation of the different criteria, knowledge, functions and tasks in which the provision is structured, serving at the same time for the consequent fixation of the economic consideration and other effects of the work contract.

2. The system of professional classification laid down in this Convention contributes to the active policies which are intended to enhance and promote the achievement of a reasonable correspondence between the organisation of the work of enterprises and the technical and organisational changes, as well as the professional qualification of workers, based on a more dynamic and relevant role of the human factor.

this system of professional classification is therefore intended to facilitate the management of human resources in enterprises, as well as the professional development of workers, considering that between the two Achieve a positive correspondence.

3. Workers of undertakings falling within the scope of this Convention shall be classified in accordance with the professional activities agreed and/or, where appropriate, implemented and the rules laid down in this classification system. professional, according to which those should be defined.

In the contract of employment, the content of the work provision that is the subject of the contract shall be agreed, in correspondence with this professional classification system.

Employees will use the business and IT media to develop the tasks assigned to them.

4. In general, the worker will develop the tasks of his professional group, as well as additional tasks and/or auxiliary tasks that integrate the entire process of which they are a part.

5. Based on this professional classification system, this Convention regulates the way in which functional mobility and its various assumptions are carried out.

6. The system of classification requires the full collaboration of active policies of training and processes in the promotion of the workers, which will entail a greater extent in the professional expectations.

The references that are made to training, when defining professional groups and subgroups, should be understood as knowledge and experience that the representation of workers and employers believes should be workers to carry out the job which is provided for, except in the case of tasks requiring a specific qualification.

7. All this with the aim of consolidating and increasing the professionalization and development of the human factor in the companies of the Sector, in order to improve the quality of the internal quality and the delivery of the service.

Article 16. Basic aspects for classification.

1. Definition of Professional Groups and Subgroups.

For the purposes of this Convention and in accordance with Article 22.2 of the TRET, it is understood by the Group or the Professional Subgroup, which groups together the professional skills, qualifications and general content of the benefit.

2. Elements that define the Professional Groups or Subgroups.

2.1 Professional aptitude is the result of the overall weighting of the following factors:

a) Knowledge: The degree of preparation, theoretical or practical, minimally required to develop the work.

b) Initiative/autonomy: The degree of independence that the worker has in the programming and procedures to perform a certain work process, as well as the subjection to guidelines or norms established for the development of the function.

(c) Management capacity: The degree of independence required to organise, distribute and control the work processes to be carried out, as well as the supervision of the determined group of workers to be carried out

d) Responsibility: The extent to which the outcome of the work process has an impact both inside and outside the company.

In your case, you will also weigh the capacity of your team work.

2.2 Titulations.

2.3 The general content of the provision refers to the professional activities carried out by employees in the undertakings concerned by this Convention, the activities of which are grouped together for operational purposes, in the following professional areas:

1. Business Area.

2. The Insurance Technical Area.

3. Administration Area and general services.

2.3.1 Commercial Area. -Comprises the functions related to the study of the market, application of the marketing techniques, recruitment and conservation of clients through the advice and the permanent assistance, including the one that must provide, in these functions, to external auxiliaries or collaborators, or other networks or channels used by the mediation company.

2.3.2 Technical area of insurance. -Comprises risk study, knowledge and application of the rates of insurance institutions, determination of the coverage clauses to be applied in insurance operations the management of the mediation undertaking, the technical management of the portfolio policies, and the processing and collaboration in the settlement of claims, including the assistance to be provided, in these functions, to the external auxiliaries or collaborators; or other networks or channels used by the mediation company.

2.3.3 Administration area and general services. -Abarca all functions that correspond to the administration of the company, such as accounting functions, company tax regime, organization, personnel management, maintenance of networks, peripherals, communications, databases, programs, web pages, maintenance of quality programs, maintenance and surveillance of buildings, machinery and utensils, driving vehicles, collection and reception, as well as the performance of tasks that complement the above tasks, including assistance to be provided, in these specific functions, to external auxiliaries or collaborators, or other channels used by the mediation undertaking.

2.4 The degree to which the elements are present determines the level of remuneration as regulated in Chapter VIII.

3. Professional classification system.

3.1 The inclusion of the worker within each professional group or subgroup will be the result of the membership of any of the above mentioned areas, of the qualifications required, of the complexity of the tasks performed, and of the overall weighting of the factors referred to in point 2.1, without any incompatibility for the worker to carry out functions in different areas, compatible with his or her remuneration, and with the appropriate training, given the specific structure of the mediation company derived from its size or circumstances concrete.

3.2 Fundamentally, on the basis of the provisions of Article 22 of the TRET, the system of professional classification is integrated by the following groups and professional subgroups, with the contents below:

Group I.

Group II.

Subgroup II A.

Subgroup II B.

Group III.

Subgroup III A.

Subgroup III B-1 and III B-2.

Subgroup III C.

subgroup III D.

Group IV.

Subgroup IV A.

Subgroup IV B.

Group V.

Subgroup V A.

Subgroup V B.

Subgroup V C-1 and V C-2.

Group VI.

3.3 Each group or sub-group will comprise the levels that are followed, depending on the degree of importance of the functions developed. The level will determine the base salary and any other remuneration concept that takes the level as a reference.

3.4 The review of the professional groups or sub-groups and the remuneration levels set out below does not necessarily mean that all of them must exist in each mediation company or work centre, since their existence will be depending, in any case, on the tasks that really need to be developed.

Article 17. Professional groups and sub-groups and levels of remuneration.

Group I.

1. General criteria: These posts belong to those posts which, depending on the employer or the general management of the company, are involved in the preparation of the policies and guidelines of the company, be they commercial, technical, (i) administration, general services, or inspection, and it is the responsibility of them to implement these policies in their respective field of action, with the necessary autonomy in this field.

2. Training: Specialist technical knowledge and/or minimum university degree or higher grade technique.

3. Salary level: It will be up to level 1.

Group II.

Subgroup II.A:

1. General criteria: Its role is translated into the carrying out of tasks related to the research, study, analysis, advice, planning, evaluation and foresight or other of the same nature, or of organization and control of the work processes to be performed, provided that they correspond to the functions of the title they hold.

2. Training: University or higher-grade university or technical training, or equivalent vocational training.

3. Tasks: Included in this Subgroup II.A, as an enunciative, non-limiting, the following functions, as well as those other similar to the same:

-Market analysis and research.

-Product design.

-Product launch at the mediation company level.

-Legal advice.

-Evaluation and analysis of financial investments.

-Organization studies and methods.

-Analysis, design and implementation of comprehensive computer systems.

-Selection and training of personnel.

-Technical assistance and maintenance control of buildings, facilities and communication systems.

4. Salary level: Level 2 will be up to them.

Subgroup II.B:

1. General criteria: Workers belonging to the professional sub-group II.B count for the performance of their tasks with a certain degree of autonomy to execute or perform the same in the field of their competence, as well as to proceed to the Resolution of technical or practical issues in its field of action. They should follow these rules, guidelines or established procedures in the company.

2. Training: Extensive knowledge of the functions, tasks and operations to be performed, and/or minimum level of university degree or medium-grade technique.

3. Tasks: This Subgroup includes the tasks of: organizing, motivating and coordinating employees or groups of workers who constitute a departmental unit of any area, with the possibility of including lower units.

4. Salary level: It will be up to level 3.

Group III.

III.A subgroup:

1. General criteria: Comprises this Subgroup III.A to the workers whose functions are developed in a framework of precise instructions, with autonomy within the established process.

2. Training: Specialist knowledge of the respective functions, tasks and operations and/or minimum training equivalent to secondary school or vocational training in the middle grade, complemented by a long experience in the workplace.

3. Tasks: The following tasks, as well as any other similar tasks, are included in this Subgroup:

Commercial area: Functions as referred to in Article 16, paragraph 2.3.1, in relation to hedges that correspond to major risks, as defined by these risks in Article 107.2 of Law 50/1980 of 8 October 2001. Insurance Contract, as amended by the sixth provision of Law 30/1995 of 8 November 1995 on the Management and Supervision of Private Insurance, including general civil liability requiring special pricing.

Technical area of insurance: Examination, pricing, contractual preparation of the hedges and technical maintenance of major risks, as well as processing and settlement of claims of these risks, as previously defined.

Administration and general services area: Accounting function, accountability of the company to the respective insurance entities, clearance of accounts of external auxiliaries and collaborators, cash accounts and banks, company tax regime, management of the company's comprehensive IT system and personnel management, without external assistance in carrying out the tasks mentioned above.

4. Salary Level: Corresponding to this Subgroup III.A level 4.

III.B-1 subgroup:

1. General criteria: Comprises this Subgroup to workers who develop self-employed work and who demand, usually, initiative on their part, behaving, under supervision, the responsibility of the same and being able to be helped by another or other workers.

2. Training: Specific knowledge of the respective functions, tasks and operations, and/or minimum training equivalent to high school or medium-grade vocational training.

3. Tasks: The following activities are included as enunciative title, as well as those other similar activities:

Commercial area: Functions set out in Article 16, point 2.3.1, in relation to the coverage of so-called mass risks (individual and collective accidents; life risk, saving and financial; sickness, health care and deaths; multirisk of household, community, trade, and small and medium-sized enterprises; agricultural insurance; motor vehicles; tarified civil liability), and in general of all insurance normally managed by mediation firms, except for large risks.

Technical area of insurance: Functions set out in Article 16, point 2.3.2, in relation to: Examination, pricing, contractual preparation of the hedges and maintenance of the mass risks, as well as the processing and settlement of claims of these risks.

Administration area: Functions listed in Article 16 point 2.3.3, including the functions of the management secretariat, and employees who regularly perform, as a function of their own, specific tasks of analysis and programming, in accordance with the company's comprehensive IT system.

4. Salary Level: Corresponding to this Subgroup III.B-1 level 5.

III.B-2 subgroup:

1. General criteria: This sub-group comprises the workers newly entered into the Company, without prejudice to the provisions of Group VI, or from the III.C or III.D Subgroups, which collaborate in the performance of the functions outlined in the Subgroup III.B-1, according to instructions from a superior, but with autonomy in the development of its tasks.

2. Training: Specific knowledge of the respective functions, tasks and operations, and/or minimum training equivalent to high school or medium-grade vocational training.

3. Tasks: The above mentioned.

4. Remuneration level: Corresponding to this Subgroup III.B-2, for the workers of new income in the company, during the first 30 months of development of its functions, level 6, and from that moment level 5; and for the workers from other sub-groups, level 6 during the first two years of development of their function, and level 5 from the third year onwards.

III.C subgroup:

1. General criteria: Comprises workers who carry out tasks requiring unique knowledge and a brief period of adaptation, and who carry out their work at the initiative, without prejudice to appropriate supervision.

2. Training: Knowledge acquired in the performance of their professional activity, and/or minimum qualification equivalent to compulsory secondary education.

3. Tasks: This Subgroup includes, for example, the following tasks:

Collaboration in commercial, technical, or administrative areas, pointing out, among others:

a) In the commercial area: Preparation of visits, contacts with clients, data collection or background and formalization of operations already agreed.

b) In the technical area of insurance: Preparation of the tasks of the managers of Subgroups III A) or III B), data collection or background.

c) In the administration and general services area:

c-1) Employees who perform data transcription on any computer support using standard programs, which require basic knowledge of the IT operative.

c-2) Employees who pay attention to telephone exchanges and simultaneously receive visits.

4. Remuneration level: Corresponding to this Subgroup III.C level 6.

III.D subgroup:

1. General criteria: Understands employees who carry out tasks, in any of the areas referred to, following standard guidelines or procedures for use in the company, or serving as support to other level workers above, or to the employer himself when he takes up such duties.

2. Training: Experience acquired in the performance of the following tasks, and/or minimum qualification equivalent to compulsory secondary education.

3. Tasks: This Subgroup includes workers who perform the following tasks for an enunciative title:

-Distribution of phone calls to each department.

-Collection of messages.

-Solution for simple queries and queries and customer orientation.

-Punting data and premiums on monthly portfolio receipts.

-Complete data on insurance claims and enter them on computer or other computer or electronic media.

-Transcript of letters, questionnaires and other documents to computer or other computer or electronic means.

-Campaign phone tracking, preparing visits, etc.

-Daily distribution of policies received in the mediation company.

-Help in the monthly preparation and distribution of portfolio receipts.

-Policy and documentation files.

-External Gestions in banking entities, insurance entities, etc., completing functions prepared by employees to whom they serve as support.

4. Salary Level: Corresponding to this Subgroup III.D level 8.

Group IV.

IVA subgroup:

1. General criteria: Workers who carry out self-employed tasks and who regularly demand their own initiative, carrying out the responsibility for their implementation.

2. Training: Experience acquired in the performance of their professional activity, and/or possession, where appropriate, of the permit or title corresponding to their function.

3. Tasks: In this collective, the following activities, as well as other activities, are included:

-Driving vehicles.

-Receipt of receipts outside the job center.

-Concierge tasks.

-Repair and maintenance of buildings, installations and machinery.

4. Remuneration level: For the purposes of remuneration, the remuneration level shall be 7.

Subgroup IV. B:

1. General criteria: Workers who perform tasks according to specific instructions, clearly established, with a high degree of dependency, and who do not need specific training, except for the occasional period of adaptation.

2. Training: Experience acquired in the performance of the tasks that are followed and/or minimum qualification equivalent to compulsory secondary education

3. Tasks: The following activities are included in this collective, as well as those other similar activities:

-Building and local cleaning.

-Porteria, ordinance, messaging, and elevator handling.

-Help tasks in the repair and maintenance of premises, facilities and machinery.

4. Remuneration: For the purposes of remuneration, the remuneration level shall be equal to 8.

Group V:

General criteria: You will integrate employees who are habitually performing their duties outside the company's work centre, without pre-set time, but without prejudice to the effective hours of work intended for all workers affected by this Convention. These functions will include the attention to clients, the proposal of appointments of external auxiliaries or collaborators, contributing to the same in the production of insurance, in the management of collection of premiums, and in the processing and liquidation of claims; review and management of the administration of external auxiliaries or collaborators, accountability, effectiveness of the balances of the same and control of receipts that have to be recovered.

The following Subgroups are distinguished:

Subgroup V. A:

1. It shall comprise the Inspectors of professional areas or geographical areas.

2. Training: The one indicated in Subgroup II.B.

3. Tasks: Organising, motivating and coordinating the Inspectors included in their professional area or geographical area of the V. B or V.C. Subgroups

4. Remuneration level: The remuneration level shall be equal to 3.

Subgroup V. B:

1. The Inspectors shall comprise, depending on the employer, or the management of the undertaking, or an inspector of professional area or geographical area, involved in hedge of great risks, either directly with the clients or through auxiliaries. (a) external or collaborators, or in the processing and settlement of claims of these risks, without prejudice to any other functions of those identified in the general criteria of this Group.

2. Training: The one indicated in Subgroup III.A.

3. Tasks: The above mentioned.

4. Remuneration level: The remuneration level shall be given to them 4.

Subgroup V. C-1:

1. It shall include inspectors who, depending on the employer or the management of the undertaking or an inspector of professional area or geographical area, are involved in mass risk hedges, either directly with the clients or through auxiliaries. (a) external or collaborators, or in the processing and settlement of claims of these risks, without prejudice to any other functions of those identified in the general criteria of this Group.

2. Training: The one indicated in Subgroup III.B-1.

3. Tasks: The tasks referred to in point 1.

4. Remuneration level: The remuneration level shall be 5.

Subgroup V. C-2:

1. General criteria: It shall include workers who are newly entered in the undertaking, without prejudice to the provisions of Group VI, or from the III.C or III.D Subgroups, which initially assume the functions listed in Subgroup V. C-1, depending on the employer, or the management of the undertaking, or a professional area inspector or geographical area.

2. Training: The one indicated in Subgroup III.B-2.

3. Tasks: The above, for Subgroup V. C-1.

4. Remuneration level: Corresponding to this Subgroup V. C-2, for the workers of new income in the Company, during the first 30 months of development of its functions, level 6, and from that moment level 5, and for the workers from other sub-groups, the level of remuneration 6, during the first two years of development of their duties, and level 5 from the third year onwards.

Group VI.

1. General criteria: These workers will be included in this group, which, lacking experience and specific preparation for the mediation sector, will be employed by companies for the purpose of carrying out the tasks most They are specified.

This Group is exclusively intended for new recruitment staff in the company, setting itself up as an instrument for promoting employment policies, preferably youth, and promoting development and promotion. professional in the sector.

After the time of stay in this professional group, which in no case can exceed the three-year period, the subsequent membership will be made to the professional group that corresponds according to the classification system. established professional.

2. Training: The workers included in this group will receive a training of at least 50 hours a year within the working day, in which they are considered to be the 20 hours provided for training in Article 23. Such training will deal with the basic elements for knowledge of the mediation sector.

The training plan of each company will take into account the training development of the integrated staff in this group.

3. Tasks: Realization of elementary tasks and/or support to other professional groups and introduction to the activities of the mediation company. Also, how many auxiliary initiation activities contribute to the acquisition of the necessary practical and training knowledge for the performance of a more qualified job.

4. Remuneration level: For remuneration purposes, they are included in level 9.

On a general basis, the stay in this professional group will be two years.

If the worker proves that the professional training courses of a medium or higher degree are exceeded, in matters related to the tasks assigned to him, the maximum length of stay will be one year.

5. Derogation: Where the purpose of the contract is to develop the knowledge of a university degree or a medium or higher technical qualification, the professional classification shall be carried out in the working group or subgroup whose tasks they correspond to such knowledge, including their level of remuneration determined by the specific provisions, if any, of the contractual modality used, in relation to the remuneration levels of the Group or Subgroup professional.

6. General scheme of social security: Workers classified in this Group VI shall be listed under the general scheme of social security by Group 7 of that scheme, with the exception of the graduates referred to in the previous derogation, who shall do so for the Group or Subgroup that corresponds to the function they perform in the Mediation Company, without prejudice to the resolution that the General Treasury of Social Security may adopt.

Article 18. Procedure for the professional classification.

1. In accordance with Article 22 (5) of the TRET, the classification of the employees of the mediation undertakings shall be carried out by agreement between the worker and the employer, in the light of the tasks assigned to the worker in the workplace, subsumming the same in the professional Group or Subgroup and level corresponding to the above description.

2. Where an employee carries out tasks in different professional groups or sub-groups for a period of more than six months for a year or eight for two years, he/she shall be classified in accordance with the Group or Subgroup and level corresponds to the highest ranking tasks, provided that these tasks represent more than one third of your daily occupation.

3. In the case of training contracts, the contract worker shall be assigned the task or tasks initially assigned, and the professional classification which, during the training or training period, corresponds to him, without prejudice to the assignment of the tasks or tasks which are definitely attributed to you, and their corresponding professional classification, if the worker becomes integrated into the workforce, or work centre, with an indefinite contract or employment situation.

Article 19. Functional mobility.

1. Functional mobility within the undertaking shall be carried out in accordance with the provisions of this General Convention, while respecting the legal status, guarantees and requirements laid down in the TRET.

2. If functional mobility, within the same group or as a professional sub-group, involves carrying out tasks from different professional areas, the worker must be provided with the necessary training for their adaptation.

Functional mobility within the same Group or a professional sub-group will not result in a reduction in the remuneration level of provenance.

3. Mobility for the performance of tasks belonging to a higher professional group or subgroup, as well as mobility for the performance of functions belonging to a lower professional group or subgroup, shall be regulated in accordance with the forecasts as set out in Article 39 of the TRET, in accordance with Article 23.2 of this Convention.

4. The worker may request the change in his or her duties, either within the group or the professional subgroup in which he is a member, and outside the group. In such cases, the application shall be reasoned and the requirements laid down in this Convention for the performance of the requested functions or duties shall be met. The undertaking shall give reasoned reply to the request within a reasonable period.

The functional mobility achieved by mutual agreement between the parties, shall comply with the general provisions of this Convention and the applicable law.

5. Changes of functions not provided for in the preceding paragraphs shall require agreement of the parties or, failing that, the submission to the rules laid down for the substantial modifications of working conditions.

Article 20. Promotions and promotions.

promotions and promotions, within the system of professional classification, as set out in this Convention, shall be produced in accordance with the following paragraphs:

1. In accordance with the second paragraph of Article 24 (1) of the TRET, the training, merits, seniority of the worker and the organisational powers of the employer shall be regarded as such.

2. In any event, the criteria for promotions and promotions shall be common for workers of one sex or another, respecting the principle of non-discrimination for the other circumstances referred to in Article 17.1 of the TRET.

3. The basic criteria for the promotion of promotions between groups and professional subgroups are as follows:

Group I and II and Subgroup V. A: Free designation.

To the professional subgroups III.A, III.B-1, III.B-2, III.C, V. B, V. C-1 and V. C-2: By merit contest and aptitude test.

4. The promotion between the aforementioned groups and professional subgroups will be determined by the degree to which the factors listed as configurators of professional competence are developed, as well as, among others, the following circumstances:

-Realization of the corresponding formative processes, taking into consideration the total number of hours of training received and their degree of use.

-Years of experience at the source level.

-Development and professional competence.

-Adequation to the position.

-Performing analogous functions.

5. Where the merit and aptitude test contest is carried out, the undertaking shall, in good time, for a period of two months, make public the post or posts of promotion to which it is subject, describing, in accordance with the system of professional classification, the functions to be carried out, the level of training, the necessary knowledge, the subject and the content of the examination, as well as the other conditions, including the minimum experience required in the undertaking, which may not exceed three years.

The merit and aptitude test contest will consist of two exercises, one theoretical and one practical. At the enterprise level, the theoretical exercise may be replaced by the completion of training courses related to the professional group or subgroup to which it is intended. This circumstance, indicating the courses in question, must be included in the call.

6. The qualifying courts for merit and aptitude examination competitions, which shall participate in the preparation of the content of the examination and shall follow its development, shall be composed of the following members:

-President, appointed by the legal representative of the company.

-Secretary, appointed by the legal representatives of the workers or, failing that, by the Joint Committee of the Convention.

-Two Vocals, designated one by the legal representative of the company, and another by the legal representatives of the workers or, failing that, by the Joint Committee of the Convention.

7. The promotion system set out in this General Convention may be adapted at the enterprise level by agreement between the latter and the legal representation of workers.

8. On an annual basis, the company will inform the legal representation of the employees about the evolution of promotions and promotions, analyzing together the possible measures of adaptation at the company level. The legal representation of the workers may apply for the commencement of the process of merit and examination of aptitude, for the Groups and Subgroups that have established it.

Article 21. Template.

According to the functional and organizational needs, the composition of the professional structure will be fixed in each company, in accordance with the different forecasts of the professional classification system that the present General convention sets.

In accordance with the provisions of the current labour law and the effects on it, the company will regularly inform the legal representation of the employees about their workforce, their situation and their evolution. likely, as well as, prior to its implementation, for the purposes of the report, of decisions taken on restructurings or total or partial, definitive or temporary, of that decision.

CHAPTER VI

Professional training

Article 22. General principles.

1. In order to promote the professionalisation and permanent improvement of training in the private insurance mediation sector, the signatory parties ratify the objectives set out in the State Continuing Training Agreement for the sector, as well as in Royal Decree 395/2007 of 23 March, which regulates the various training initiatives which make up the vocational training subsystem for employment, its system of operation and financing and its organisational and institutional participation.

the purpose of vocational training for employment is to promote and extend training which meets their needs and contributes to the development of an economy based on the unemployed and the unemployed. in the knowledge, as laid down in the Law of the Law of the Law of the Law of the Law of the Law, of the Qualifications and of the Vocational Training. In line with this, the following purposes are set out:

a) To foster the lifelong learning of unemployed and employed workers, improving their professional training and personal promotion.

b) Provide workers with the knowledge and practices appropriate to the requirements of the labour market and the needs of enterprises.

c) Contribute to improving the productivity and competitiveness of companies, along with improving the quality of service delivery.

d) Promote the personal and professional development of workers in the sector through the development and updating of their professional skills.

e) Promote that professional skills acquired by workers through both (formal and non-formal) learning processes, as well as work experience, are subject to accreditation.

f) Contribute to vocational training for employment to encourage the development and innovation of the insurance mediation activity.

g) Improving the employability of workers, especially those with greater difficulties in maintaining employment or job integration.

h) Adapting to changes motivated by processes of technological innovation, regulatory changes, economic situation, etc.

2. The training action in the private insurance mediation sector will meet the criteria of continuity, in order to promote the improvement of the work, through the permanent development of professional qualifications, and will promote the promotion of staff for the purposes of the professional classification system and the remuneration structure.

The training, through the organization and participation in courses, activities and programs, will favor the promotion of the staff and will be a referential element, in the terms that are indicated in the corresponding articles of the This Convention shall, for the purposes of the system of professional classification and the remuneration structure.

The training policy in the sector will accommodate the following criteria:

(a) Profession and development of human resources, meeting the needs of professional training of workers within companies.

b) Full universalization of the formative action, which will be projected to the staff at all levels.

c) The impulse of vocational training as the responsibility of the social partners, in the understanding that it interests both the company and the worker, and that it cannot be done outside its protagonists.

d) Mutual understanding of the dual dimension of vocational training as a right and duty.

e) Connection between the design of training actions and the needs of professional qualification to facilitate the integration of different forms of certification as set out in Royal Decree 189/2013, 15 of March, and on the recognition of professional skills acquired by work experience, as set out in Royal Decree 1224/2009.

f) Valuation as a strategic factor for the competitiveness of companies and as a structural variable conditioning to a high degree of any growth strategy.

g) Assumption of the training policy as a fundamental aspect of the internal flexibility of the companies that enables the adaptability of the human resources to the new productive processes, making the mobility operational functional.

Article 23. Training time.

1. Workers shall be required to carry out all continuing vocational training measures which are necessary to ensure that their function is properly carried out, by attending monographic or generic courses, seminars on specific functions or of products, etc., which are necessary, the activities of which will be carried out during their working day.

2. The training time for each worker, except for those subject to employment contracts which specifically provides for it, shall be 20 hours within the annual calculation of the day of 1,736 hours laid down in this General Convention, and shall be to carry out training actions of interest to the professional performance entrusted or to be entrusted, as well as their projection in professional development.

This training time may be adapted proportionally in the event of days that will throw an annual computation other than the one established in general.

3. These hours may be accumulated over a period of up to three years in cases where, for organisational or functional needs, they are not used annually. In addition, in the organisation of training activities, consideration should be given to the concurrent circumstances in workers.

4. In the case of days other than those covered by this Convention, the time spent on training shall be subject to the corresponding adaptations as to the second subparagraph, making them compatible with the functionality of the of the training action.

5. With similar criteria as set out in issue 2, appropriate adaptations shall be made in individual cases of reduced working time.

Article 24. Funding.

1. The financing of training actions will be made preferably from the vocational training fees paid out sectorially, managed through the Tripartite Foundation for Training in Employment or the institution or institutions. similar to those which may be established with similar economic allocations and purposes.

2. At the enterprise level, the application of resources can be established according to their needs and characteristics.

Article 25. Sectoral Joint Committee on Training.

1. The Joint Committee on Training is considered to be subsist, having established its rules of procedure. The Commission remains composed of eight members, four representing the Trade Union Organisations of this Convention and four representing AEMES.

2. In addition to the functions that are legally or regulations that correspond to this commission, you will also develop the following:

(a) To carry out studies of a prospective nature with regard to training needs in the sector, or through specialised entities.

(b) To propose and implement in itself or with the collaboration of other companies, training actions in their various modalities and levels with programs that can be taught in the training centers of companies, or in others that may to be established, or through national programmes developed by competent bodies. Another may be done in respect of Community or international programmes which may apply to the sector.

c) Collaborate, with the funding that in their case may be available according to the previous article, by itself or through specialized entities, in the diagnosis and design of concrete training programs for companies that request, depending on their own needs and the characteristics of the workers concerned.

d) Monitoring, evaluation and support on an ongoing basis of the actions carried out in order to contrast orientations, promote other initiatives and update objectives.

3. The members of this Joint Committee shall be entitled to paid work permits, in their respective undertakings, up to the limit of 32 hours per month, as long as they carry out their duties as members of that committee. The workers who are at the same time as part of the Joint Commission for Interpretation, Monitoring and Monitoring of the Convention and this Joint Training Commission shall maintain their time-schedule arising from their duties in the The Joint Committee shall also be entitled to work permits paid by the respective employer's mediator for the time they justifiably devote to the development of the functions of the Joint Training Committee.

Article 26. Training action in enterprises.

1. Without prejudice to the provisions laid down in the preceding Articles, undertakings must, before implementing a training plan, complete the provisions of Article 64.5 (e) of the Treaty on the powers of the legal representation of workers in this field.

To this end, it will be taken into account that in an enterprise training plan, the following extremes will be considered:

-Objectives and content of the training actions to be developed.

-Selection and collective criteria affected.

-Run Calendar.

-Teaching means and places of delivery of training actions.

-Estimated cost of training actions.

2. In the case of training schemes for which the companies apply for financing under the terms of the Employment Training Agreement, the provisions of the existing Employment Training Agreement shall apply to these effects. Sectoral agreement on the subject.

3. In special cases, where the size of the undertaking or the complexity of the training measures is made necessary, the legal representation of the employees, in order to promote the dialogue in this field, may be entrusted to one of its members. (a) the performance of their own tasks related to vocational training.

4. On the margins of the above, mediation companies will be able to develop further training or retraining actions for their employees, and this should be distinguished:

4.1. Training within the workplace of the mediation company: The company will endeavour to impart this training with habituality, dedicating the precise time, within the working day, to the function of perfecting or recycling, without to the detriment of the assistance of its employees, where the employer so agrees, to the training courses which are to be made by the insurance institutions, to which the employer relates, to the products ' own products, or to the assistance of the employees of the company to days or seminars given by institutions or institutions to which it is registered the employee on behalf of the company.

4.2. The employer may also agree with the legal representatives of the employees to be specific to the specific training measures, which must be in relation to the functions of the undertaking. In such a case, the employer must grant the workers permits, within the working day, so that they can attend classes in the presence. The time spent on this training will be computable in the generally planned 20-hour number usually for training.

All without prejudice to the agreement of the National Continuing Training Agreements on individual training permits.

In all companies where there is a business training plan, a Joint Training Commission will be set up which will understand all the issues related to the plan.

Article 27. Studies and qualifications in the insurance field.

the Continuing Training Sectoral Joint Committee will carry out, or support, how many initiatives are appropriate for the ongoing studies and projects, or which may be supported by the authorities. (a) the training or qualifications related to the mediation sector, which fall within the framework of the Employment Training Subsystem which provides for the development of the real estate sector; Decree 395/2007 of 23 March.

CHAPTER VII

Working Time

Article 28. Workday and its hourly distribution.

1. The maximum working day, on an annual basis, is 1,736 hours actually worked, without including, for that purpose, the days of holidays or of the booklets which are awarded annually, the national holidays and the holidays. local.

2. This number of 1,736 working hours shall be deemed to be limited to the actual number of working hours, if there is a previously agreed, agreed or compulsory working day at the level of the workplace or undertaking which, before entering into This Convention shall provide for an annual calculation of less than that, irrespective of whether the hourly distribution is maintained or varied.

In the case of part-time working time, the number of effective working hours, during the calendar year or the duration of the contract, including their carryovers, if any, shall be the one agreed by the parties.

3. The number of 1,736 hours may be effectively required by the undertakings, except for the justified absence of sickness, accident, leave or rest periods, provided for in the legislation in force or in the present General Convention, and the cases of work contract suspension.

4. The hourly distribution of the annual working day laid down in this Convention may be carried out in an irregular manner throughout the year, with due regard to the legally provided minimum daily and weekly rest periods. For this irregular distribution, account shall be taken of the provisions of the following Article.

The schedule will be established in each working or business center by agreement of the mediators with the legal representation of the workers, or in their absence, with the workers themselves, distributing the 1,736 effective hours between the days actually worked, as they consider more appropriate, without prejudice to the possibility that flexible working hours may be agreed, in specific cases, with the legal limits fixed in terms of annual, weekly and daily working hours.

The following guidelines or recommendations are outlined:

-The daily day is estimated not to exceed 20:00 hours (eight in the afternoon).

-Between the end of a day and the beginning of the next day, at least twelve hours.

-In the event that a new work schedule is agreed that involves moving from 8 a.m. to 15:00 hours, starting from tomorrow and afternoon, there should be a break for lunch, at least one hour, and two hours at most, not computable as effective working time, and may be agreed, without discrimination, on the economic compensation of lunch, by means of food vouchers or at least with the amount laid down in this Convention.

-In any case, the maximum duration of the ordinary day will be 40 hours of weekly average effective work, in annual computation.

-Always respecting the number of 1,736 effective hours of work per year, and the limit of 40 hours of weekly working, on average in annual computation, the mediators will be able to agree, with the legal representation of their workers, or in their absence with the workers themselves, work shifts for Saturdays.

-Respecting also the number of 1,736 effective working hours per year, the reduction of working hours agreed in this Convention, will be carried out annually, through the book of two full working days, which will be agree on mutual agreement between the employer and the worker, always saving the needs of the service.

-During the summer months (from June 21 to September 22), the workday can be set from 8:00 hours to 15:00 hours.

-In those cases where, according to the provisions of this Article, there is a change in the schedule of the time of the co-existence of different schedules, the worker, for a maximum period of 6 months Since the change took place, you will be able to apply for reinstatement to the day you had previously. Such a request may be made after the expiry of that 6-month period if justified, unique and serious needs are met in the worker.

5. The worker shall have the right to adapt the duration and distribution of his ordinary working day in order to make his right to the reconciliation of personal, family and work life effective in terms of collective bargaining or in the agreement to which he arrives with the employer, respecting, where appropriate, what is provided for in that agreement.

Article 28a. Irregular distribution of the day.

1. In accordance with Article 28.4 of this Convention and without prejudice to the provisions of the second paragraph of this Article, by agreement between the undertaking and the workers ' representatives, under the development of Article 34.2 of the Workers ' status, other irregular distribution of the day may be established throughout the year.

To do this, the company will initiate a period of consultation with the legal representation of the workers or, where appropriate, with the workers themselves, with the communication of their reasoned proposals, whether they relate to a irregular distribution over the course of the year, as if they were related to an irregular distribution limited in time or for specific cases, with the reasons for the reasons justifying it.

During the period of consultations, which will take place in the minimum time necessary in accordance with the circumstance of the case and the extent of its effects, the parties will negotiate in good faith, with a view to reaching an agreement. The agreement which, if any, will be reached must incorporate the times of the irregular distribution carried out and the forms of recovery or compensation of the same.

2. In the absence of a pact, the company may distribute irregularly throughout the year up to 150 hours of the working day. Such distribution must in any event respect the minimum daily and weekly rest periods provided for in the Law and the worker must be aware of a minimum of five days ' notice on the day and time of the work being provided. that.

The form of time compensation resulting from the irregular distribution carried out shall be carried out in accordance with the agreement between the parties. In the absence of agreement, the time-compensation shall take place within the maximum period of four months following its completion, by means of an equivalent time of rest, in units of time equivalent to those which are compensated for, within that period in the light of the organisational needs of the undertaking which may, where appropriate, provide for such compensation in full working days.

Article 29. Holidays.

1. The staff affected by this Convention, present on 1 January of each year, shall enjoy within the same 23 working days, for annual leave.

2. The holidays may be split up to three periods, at the request of the employees and after agreement with the company.

3. In no case shall the distribution of the holiday period be liable to prejudice the calculation of the annual working day of 1,736 working hours.

4. The period or periods of enjoyment of the holiday shall be fixed by common agreement between the employer and the worker, preferably between 1 July and 30 September, both inclusive.

The company and legal workers ' representatives may designate during the general staff holiday period a shift of approximately 25% of the total workforce, even though it may be higher in certain the company's organs, in order to keep the services of the company up and running.

The company will point out the jobs that must remain on the shift and will be met with employees who are practically trained to perform them voluntarily and, failing that, they will be appointed by the company. company, following the system of rotation among employees with such capacity.

Employees who remain on duty will be able to enjoy their vacation at any time of the year.

5. At the enterprise level, a different system of holidays may be agreed with the legal representation of workers, depending on the distribution and organization of working time.

6. The holiday calendar will be fixed at each company. The worker will know the dates that correspond to him, two months before, at least, the beginning of the enjoyment.

When 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 pregnancy, childbirth or natural lactation or with the period of suspension of the contract of employment provided for in Article 48.4 and 48.bis of the TRET shall be entitled to enjoy the holidays on a date other than that of the temporary incapacity or the enjoyment of the permit which, by application of the said (a) to the end of the period of suspension, even if the calendar year has ended; correspond.

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.

7. Those admitted after 1 January and those who cease before 31 December shall be entitled to the proportion of the holiday in accordance with the service time provided during the year to which they correspond. In the case of termination before 31 December, the holiday shall be taken into account, the excess being taken into account, and the cash may be deducted in cash from the final settlement to be received by the person concerned.

8. It shall not be counted as days enjoyed on holidays which correspond to periods in which the worker is in a situation of temporary incapacity for sickness or accident, provided that this situation results in economic benefits. corresponding to the General Social Security Scheme.

9. Holidays may not be compensated in cash, except in the case of a cessation of payments in the preceding number 7.

Article 30. Permissions.

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

a) By employee's marriage, fifteen calendar days.

(b) Two days, maximum of one month without pay from the third day, in cases of child birth, act of acceptance or adoption of child and death, serious accident or illness, hospitalization or surgical intervention without hospitalization that requires home rest, relatives up to the second degree of consanguinity or affinity. When the worker needs to make a move to the effect, the time limit will be four days.

It will be optional for the sick family member to determine the severity of the disease or not.

c) One day per move of the usual address.

d) For the indispensable time, for the fulfillment of an inexcusable duty of public and personal character. Where it is established in a legal or conventional standard for a given period, it shall be available for the duration of the absence and its economic compensation.

When the performance of the duty referred to above involves the impossibility of the provision of the work due to more than 20% of the working hours in a period of three months, the company may pass the affected worker to the situation of forced leave.

In the event that the worker for the performance of the duty or the performance of the charge receives compensation, the amount of the same of the salary to which he is entitled in the company will be deducted for the duration of the performance. of the duty or compliance with the duty.

e) To perform union or staff representation functions in the legally established terms.

f) For the time required to attend examinations, with a maximum of three calls per subject and academic year, when studies are carried out to obtain an official title, related to the activity of the company, warning, to the effect, in advance of forty-eight hours.

g) For the time required to attend the consultation of the health care provider, provided it is a disease of the worker or of his or her minor children and this need is justified by means of a steering wheel optional.

(h) For the time required to attend the consultation of the private doctor, provided that it is a disease of the worker or of his or her minor children. In order to benefit from this permit, the worker must notify the worker as soon as possible and provide the appropriate medical evidence. However, workers shall endeavour to adapt their hours of medical visits to their times of rest when possible.

2. Permits for reductions in working time by birth of children under special conditions, breastfeeding, legal guardian, or direct care of minors or disabled persons shall be in accordance with the provisions of Article 37 of the current TRET, paragraphs 4, 4a, 5 and 6, with the following matizations:

(a) Workers, who are breastfeeding for a child under the age of nine months, shall be entitled to an hour of absence from work, which may be divided into two fractions. The duration of the permit will be increased proportionally in multiple birth cases.

Who exercises this right, by its will, may substitute this right for a reduction of its working day in half an hour for the same purpose or accumulate in fifteen working days for each child, to enjoy uninterrupted form continuation of the maternity discharge, or by agreement with the employer, in accordance with the conditions laid down above.

This permit constitutes an individual right of workers, men or women, but may only be exercised by one parent in case both work.

(b) Who, for reasons of legal guardian, has a direct care of any less than ten years or a person with a physical, mental or sensory disability, who does not carry out a paid activity, shall be entitled to a daily reduction of the working day, with the proportional reduction of the salary between at least 1/8 and a maximum of half the duration of the work, except for a different agreement between the worker and the employer, all in accordance with the provisions of the article 37.6 of the TRET.

(c) Day reductions by direct care of a family member shall be in accordance with the provisions of Article 37 (5), second paragraph of the TRET.

3. The worker, subject to notice and justification, may be absent from work for private matters up to a maximum of three days per year, or the equivalent of effective working hours. In these cases, the hours or days that you enjoy will be in return for recovery, or for a vacation account, opting for a common agreement for any of these possibilities.

4. The worker, after warning and justification, may apply for permission to attend examinations, with a maximum of three calls per subject and academic year, when carrying out studies to obtain an official title which is not related to the activity of the company, with a view to this effect at a time of forty-eight hours, and taking into account the needs of the company's service and organisation.

The hours or days you enjoy will be in return for recovery, or for a vacation account, opting for any of these possibilities.

Article 31. Overtime.

1. They shall have the consideration of overtime, which shall be carried out on the maximum duration of the ordinary working day.

2. Unless otherwise agreed, overtime shall be offset by a period of rest, in a strictly equivalent proportion, and shall not prejudice the normal operation and organisation of the work. Such compensation shall be made by means of rest, unless otherwise provided for by the parties, within four months of the overtime.

3. Criteria for the realization of overtime:

a) Extraordinary hours by force majeure, required by the need to repair claims or other extraordinary and urgent damages: realization.

(b) Remaining overtime, required for peak periods of production, unforeseen absences, shift changes, unanticipated incidents or other circumstances arising from the activity of the companies included in the functional scope of this Convention: maintenance, provided that the use of the various forms of temporary or partial procurement provided for by the Act does not apply.

4. The company's management will report monthly to the business committee, staff delegates and union delegates on the number of overtime hours, specifying their causes and their distribution.

In addition, depending on the type above, and the information received, the company and the legal representatives of the workers will agree on the criteria applicable when the need arises for hours. extraordinary.

5. The contribution of overtime shall be made in accordance with its different nature, in accordance with the rules applicable to social security.

CHAPTER VIII

Remuneration

Article 32. General principles.

1. The remuneration structure is the system which lays down the economic perceptions of the workers for the professional benefit defined in this Convention and is constituted by the basic salary and the salary supplements, giving back the time of effective work set out in this Convention and the periods of rest that are to be used as work.

2. In the process of rationalisation of professional and remuneration structures which was one of the fundamental objectives of the Convention for the years 1996-1998, the new wage regulation was brought closer to the reality of the sector, enhancing and improving the weight of the basic salary within the whole of the remuneration structure, and establishing more rational intervals, as soon as the evolution of the system currently allows, between the levels of remuneration set up by the new salary table, which in turn incorporated a more open salary range.

3. The necessary procedures for the application of the new structures were also established, as were the provisions which had to facilitate the passage of the previous concepts to the new ones, with the guarantees and legal certainty. essential in any process of change.

4. It shall in any event apply the principle of non-discrimination in respect of remuneration referred to in Articles 17.1 and 28 of the TRET.

5. In the case of work involving danger, nocturality, shift work, public holidays or greater availability, effort or bankruptcy for the worker, the provisions and rules governing these circumstances will be observed. Compensation, by means of specific remuneration or preferably by means of breaks, in those cases where appropriate, shall be defined by collective agreement at the enterprise level.

Section 1. Pay Structure

Article 33. Base salary and add-ons.

1. The salary structure of the employees falling within the scope of this Convention shall be the basis of the salary base salary and the salary supplements which are included in it, in accordance with the provisions of the provided in the TRET and the regulation which is then established.

2. It is understood by base salary the remuneration per unit of time corresponding to the worker according to the tasks developed and consequent integration into the structure of groups and professional subgroups and levels of remuneration regulated in the Present Convention.

3. The base salary will be paid in twelve ordinary monthly and two extraordinary payments.

4. Salary supplements are paid in accordance with the personal conditions of the employee, the circumstances relating to the work carried out, and the situation and results of the undertaking.

5. The remuneration structure of this Convention is thus integrated by the following concepts which, in compliance with the above paragraphs, are configured with the scope, nature and effects of their own regulation:

-Base salary, according to salary level (SB).

-Pay-in-person, personal, participation in the company's activities (PAE).

-Individualized Adaptation (CAI) Complement.

-Experience Add-on (CPE).

-Functional Inspection Plus (PFI).

6. Without prejudice to the existence of other wage supplements at the enterprise level, which must in any event respect the causality criteria laid down in the TRET, the concepts of this Convention, referred to above, must appear in the the remuneration structure of each undertaking, except that the own rules of this Convention, or the legal provisions, permit its modification or variation.

7. The receipt of wages shall be in accordance with the rules laid down in the rules in force.

8. The minimum wage in the private insurance mediation sector, in full time, shall be that corresponding to the remuneration level 9. In the case of part-time contracts, this will be reduced in equal proportion to the working day.

The remuneration of the employed person for training may not be less than this minimum sectoral remuneration in cases where the time spent on theoretical training is the minimum permitted by the rules governing the training type of contract. The reduction of effective working time, with the consequent extension of time spent on training, will result in the reduction of the sectoral minimum wage in equal proportion. Such a reduction will only affect the base salary.

Article 34. Personal salary supplement, participation in the activities of the company (PAE).

1. As from 1 January 1998, the participation referred to in Articles 25 of the collective agreement of 1991-1992, and 36.e) of the repealed Employment Ordinance for Insurance and Capitalisation Enterprises, of 14-5-1970, was replaced by a participation in the activities of the undertaking (PAE), quantified by a compensatory increase included in the monthly basic salary, without prejudice to the fact that a personal salary supplement must be respected, in accordance with the provisions of the continuation.

2. Annex I to the 1996-1998 Convention entered the maximum amounts which could be counted as compensatory increases for each category of work in 1997. The difference between the gross amount collected by each worker for the so-called premium share, for the 1997 financial year, and the maximum amount corresponding to that amount respectively, gives the annual amount of the EAP. This amount, divided between 14, should be collected in the fourteen annual pages, and will be shown separately in salary receipts as a pay supplement PAE.

3. Where the worker receives a partial salary, the above supplement, if applicable, shall be levied in the same proportion as the basic salary.

4. The amount of this supplement to be recognized by each worker at 31-12-1998 was to be reduced by the amount shown in Annex 1.99 to the 1999 Convention ("BOE" of 1-10-1999), in respect of each level of remuneration, with the reduction of in the fourteen annual pages. The remaining amount remaining after this absorption should have been increased by 2% with effect 1-01-1999, plus 0.90% from 1-01-2000, plus 1% from 1-01-2002.

5. This complement shall evolve as determined in collective bargaining.

6. For mediation firms managing more than EUR 25 million in premiums, the PAE wage supplement may not be lower, both for the employees who were in the company's workforce at 31/12/1997 and for those who can be incorporated at a later date, at the minimum amount which is entered for each remuneration level in the table set out in Annexes I. 3, II.3 and II.3 to this Convention, at least, where appropriate, in the 12 ordinary pages and two extraordinary.

7. The table of amounts set out in Annexes I. 3, II.3 and IIl.3 to this Convention shall henceforth be subject to the same evolution of percentage increases as agreed at any time for the salary table based on remuneration levels.

Article 35. Individualized adaptation complement (CAI).

1. The following concepts have been adapted which, from the remuneration structure prior to the entry into force of the 1996-1998 Convention, have been definitively extinguished:

-Antiquity and permanence.

-Assimilation to the top category by age.

-Specialization pens (upper grade, middle grade, insurance schools, language schools).

-Currency Quebranto (annual amount divided between 14).

-Special Convention Supplement 1977.

-Plus residency.

2. The amounts which, if any, the workers would receive by way of such concepts on 31/12/1997, will be integrated, from 1/1/1998, into the Individual Adaptation Complement (CAI), which is set up as a reward for personal character composed of the sum of the amounts corresponding to the above concepts, resulting in a single salary supplement, payable in twelve ordinary and two extraordinary monthly payments.

3. The CAI, once quantified, will evolve as determined in collective bargaining.

4. This supplement may not be the subject of absorption or compensation for or with any other remuneration or voluntary salary improvement.

5. This supplement shall appear on the official receipt of salaries as a personal supplement under the heading 'CAI'.

Article 36. Experience complement (CPE).

1. By this complement, the instruments and systems necessary to ensure the development of the professionalism of the sector are regulated, establishing an appropriate assessment of the professional experience factor, with its consequent recognition and This compensation is thus definitively replaced, in accordance with the provisions of the Convention of 8 February 1996 ("BOE" of 25 March 1996), known as a supplement to the seniority of remuneration.

2. A salary supplement is provided for the remuneration levels of the professional groups III, IV, and Subgroups V. B) and V. C), in the light of the knowledge acquired through experience, understood as a dynamic factor of qualification by performing certain activities and jobs over a period of time.

3. In the light of their degree of qualification and the nature of the experience factor, they shall be entitled to this supplement who are included in the remuneration levels 4, 5, 6, 7, and 8 of the above mentioned professional groups and subgroups. The duration of the stay at such levels.

4. In order to begin to become an additional experience, a period of one year of the employee's presence in the undertaking must have elapsed, irrespective of the nature of his contract, which shall be paid from 1 January of the following year to the course of that period.

5. The supplement by experience set out in Annexes I. 2, II.2 and II.2 to this Convention shall be paid in fourteen monthly instalments, multiplying the monthly amount shown in that Annex by the number of years of membership at the level of assigned the employee who enjoys it, excluding the period of absence set out in the previous number and with the maximum multiplier limit of ten years.

The credit will be paid in accordance with the employee's status in January 1 of the year in which the annuity is fulfilled.

6. As a result of a higher level of remuneration among those referred to in the previous No 2, a new experience will be generated, thus producing a new experience multiplier. For these purposes, it will be computed as time of experience, in the new salary level, a third of the length of stay at the lower salary level, and to this initial computation will be added after the years of experience in the new level. The fractions of the year resulting, when applying the third, shall always be rounded up to full years, so that the fraction is raised to the upper count of years.

7. The table of amounts set out in Annexes I. 2, II.2 and II.2 to this Convention shall henceforth be subject to the same evolution of percentage increases as agreed at any time for the salary table at the level of remuneration.

8. The above-regulated experience supplement shall be applied for the first time in 1998 to staff who were in staff at 31/12/1997, with the multiplier value 1, on the basis of the amounts indicated, for each level of remuneration, in the table of Annexes I. 2, II.2 and II.2 to this Convention.

Article 37. Extraordinary pagas.

Staff present on January 1, and maintained in the company template throughout the year, will correspond to the two extraordinary mensualities.

Staff who enter or cease in the course of the year will receive the above extraordinary monthly allowances in proportion to the service time provided during the calendar year, from January to December, in question.

Each extraordinary pay will be made up of the sum of the following retributive concepts:

-Monthly base salary.

-PAE wage supplement.

-Personal complement to the worker, if any, in accordance with the provisions of the first transitional provision.

-Monthly CAI.

-Experience, Monthly (CPE) Add-on.

June's extraordinary pay will be paid on the 15th of the same month, and Christmas on December 15 each year.

Article 38. Inspection Functional Plus (PFI).

You will enjoy the inspection staff who habitually perform outside the company's office, without being subject to the pre-set schedule, as compensation for the greatest effort and dedication required by the company's management. inspection and travel.

This plus will have the annual amount set out in Annexes I. 4, II.4 and IIl.4 to this Convention, or successive Conventions, both for Inspectors who perform their function outside the place of their habitual residence, and for those You will be held at the place of this residence. The amount of the plus, in the latter case, shall be 50% of the amount corresponding to the first case.

Mediators may agree, with the RLT, that the annual amount of the plus will be prorated in the twelve ordinary monthly allowances.

Article 39. Advances.

The staff affected by this Convention, with a minimum stay in the two-year-old company, are entitled to receive the same advances to meet the extraordinary and justified expenses that may be incurred by the reasons given below:

(a) For expenses incurred on the occasion of marriage or separation or divorce, up to four monthly payments at maximum table.

(b) For exceptional expenses arising from the assistance of disabled children, up to four monthly payments at the maximum table.

c) For tuition fees and study books of the employee and/or children of the employee, up to two monthly allowances at the maximum table salary.

(d) For family expenses of health care, orthopaedic or prosthetic, not covered by the RGSS, up to two monthly payments at the maximum table salary.

These advances shall not bear interest and shall be amortised by means of payroll which may not exceed a maximum of 20% of the salary of the table that is enjoyed at any time, and no other advance may be requested until no the end of writing off the one that has been perceived.

In the field of the company, the way to justify the cause of the application of the advance, the repayment periods (maximum of two years), as well as the maximum number of applications that can be addressed and the need for immediate repayment in case of cessation.

These advances will be incompatible with any aid that the companies have established for these concepts.

Section 2. Ties, locomotion expenses, and other concepts

Article 40. Allowances and locomotion costs.

Minimum locomotion allowances and expenses are set as follows:

1. The amount of the allowance when the employee stays outside the place of his habitual residence shall not be less than the amount indicated in Annexes I. 5, II.5 and IIl.5 to this Convention.

Where it is not overnight outside the usual place of residence, the average diet shall be at least the same as shown in Annexes I. 5, II.5 and IIl.5 to this Convention.

2. As regards the costs of locomotion, when the trip is carried out according to the company, in vehicle owned by the employee, the minimum cost of the trip, on the route previously approved by the company, will be paid according to the amount per kilometer indicated in Annexes I. 5, II.5 and IIl.5 to this Convention.

The companies will pay the costs of locomotion effectively caused by the efforts made outside the work centers, provided that any means of collective transport are used and the displacements are performed in accordance with the planning of the same ones that the company determines to the effect.

Article 41. Economic compensation for housing in the case of relocation.

Unless the undertaking has established or establishes another system of aid which improves on a global basis the regulated here, the economically evaluable aid referred to in Article 47 of this Convention, in its number 5, for the If the worker gets housing in the locality to which he/she would have been transferred, it is specified in the following terms:

In the case of transfer to populations of up to one million inhabitants, the transferred employee shall receive housing assistance of 180,30 gross monthly during the first year of the transfer.

If the shipment occurs to populations of more than one million inhabitants, or to Ceuta, Melilla, Balearic Islands or the Canary Islands, the amount of the housing aid will be 240,40 monthly gross euros also during the first year of shipment.

Section 3. Economic Conditions for the years 2013-2015

Article 42. Economic conditions for the year 2013.

1. No wage increase is set for 2013 and the amounts set for the year 2012, as detailed in Annex I to this Convention, shall continue to apply.

2. The economic conditions for the year 2013 are detailed in the tables in Annex I to this Convention, paragraphs 1 to 6.

3. For the purposes of the allowance, the cost of locomotion and the economic compensation for lunch, the amounts provided for in paragraphs 5 and 6 of Annex I to this Convention shall apply, having effect 20 days after the publication of this Convention. in the "Official State Gazette".

4. The absorption provided for in Article 4.1 of this Convention shall continue to apply from 1/01/2013.

Economic conditions for the year 2014.

1. A salary increase of 0.6%, with effect date of 1/01/2014, on the salary table, complement by experience, minimum of the PAE on the enterprises that manage more than 25,000,000 euros in premiums, plus functional of inspection and CAI.

2. The economic conditions for the year 2014 are detailed in the tables in Annex II to this Convention, paragraphs 1 to 6.

3. For the amount of allowances, costs of locomotion and economic compensation for lunch, the amounts provided for in paragraphs 5 and 6 of Annex II shall apply.

4. The absorption provided for in Article 4.1 of this Convention shall continue to apply from 1/01/2014.

Economic conditions for the year 2015.

1. A salary increase of 0.9%, with effect date of 1/01/2015, on the salary table, complement by experience, minimum of the PAE on the enterprises that manage more than 25,000,000 euros in premiums, plus functional of inspection and CAI.

2. The economic conditions for the year 2015 are detailed in the tables in Annex III to this Convention, paragraphs 1 to 6.

3. For the amount of allowances, costs of locomotion and economic compensation for lunch, the amounts provided for in paragraphs 5 and 6 of Annex III shall apply.

4. The absorption provided for in Article 4.1 of this Convention shall continue to apply from 1/01/2015.

Variable wage increase for the years 2013, 2014 and 2015.

1. This increase provides for a remuneration promotion for the worker in which the collective contribution to the income from commissions arising from the insurance intermediation of the undertaking is recognised in order to increase the degree of the motivation and commitment of employees, allowing them to pay more adequately to the situation of the company.

2. This variable wage increase is related to the growth of the company, calculating according to the percentage increase of income from insurance commissions and fees invoiced, in each case and exclusively, derived from the activity for insurance and reinsurance mediation by the company and in respect of the previous year.

3. For its calculation, the data communicated to the Directorate-General for Insurance in the Annual Accounting Statistical Statement presented in July of each year by the mediation companies shall be taken as a reference. (Annex I, Models 2.2 and 2.3 and Annex II, Models 2.2 and 2.3 of Royal Decree 764/2010 of 11 June 2010 implementing Law 26/2006 of 17 July on private insurance and reinsurance mediation in the field of statistical accounting information and of the business, and of professional competence).

In the case of not having this obligation, the employer must take as a reference for the calculation the invoices issued by the insurance companies in the corresponding year.

4. From the amount of commissions and schedules invoiced by the company, income generated by insurance portfolios acquired by merger, absorption, purchase-sale, or similar businesses shall be discounted.

5. The resulting percentage increase calculated in accordance with paragraphs 3 and 4 above will serve as a basis for the salary increase for the worker, which must be applied exclusively on the basis of the annual base salary and on the basis of agreed scaling. (Annex I paragraph 7 for the year 2013; Annex II paragraph 7 for the year 2014; Annex III paragraph 7 for the year 2015).

This wage increase will be paid, for one time, by a single payment, in the month of September, not having a consolidable character.

For the cases regulated in Article 71 of this Convention, in which the transferee is subrogated in all the rights and obligations of the former, the variable wage increase to be applied will be the same for all the template, depending on the time spent in the enterprise.

6. The employer is required to prove the increase applied and his calculation within one month of the end of the time limit laid down for the presentation of the Accounting Statistical Documentation and in any case not more than 20%. August, with the same deadline for the exclusive agents. The evidence referred to in points 3 and 4 above shall be submitted to the legal representation of the workers or, failing that, to the workers themselves.

Failure to comply with this obligation will result in the application of the maximum wage increase set out in paragraph 5 of this article. Such an increase shall be required when, having requested the RLT or the employees themselves, where appropriate, the calculation and accreditation of the increase applied or not, the undertaking shall refuse to do so.

7. This increase may be the subject of absorption or compensation for or with another remuneration concept or voluntary salary improvement.

8. The worker will receive this increase in proportion to the length of time spent in the company during the year in which the company has been generated, by computing from day 1 of the month following its incorporation.

9. In the case of newly created companies, the variable wage increase will be paid from the company's third year of life.

Article 43. Implementation of the collective agreement.

1. The application to the undertaking of the working conditions covered by this Convention may be applied in respect of matters and in accordance with the causes referred to in Article 82.3 of the Staff Regulations, following the procedures regulated therein with the adaptations set out below.

2. The request for a discount shall be communicated by the employer to the unitary or trade union representation of the workers in order to proceed with the prior development of a period of consultation under the terms of Article 41.4 of the of such representations, workers may attribute their representation to a commission designated in accordance with the provisions of that provision.

The communication must be made in writing and the documentation that is relevant and justifies the neglect shall be included.

3. The agreement shall determine exactly the new working conditions applicable to the undertaking and its duration, which may not be extended beyond the time when a new Convention is applicable in the undertaking.

4. Any discrepancies which may arise during the negotiations shall be submitted to the Joint Committee for the Interpretation of this Convention, which shall have a maximum of seven days in which to decide. The Joint Committee shall act by a reasoned decision, in which the facts shall at least be reflected. In the event of disagreement, each representation of the said commission may express its pronouncement, with reference to the facts that motivate it.

When the intervention of the Joint Commission would have resulted without agreement, the parties will have to follow the provisions of Article 82.3 of the Workers ' Statute, drawing first of all to the established procedures. in the conflict autonomic solution (ASAC) agreements that are applicable.

Article 44. Character of the economic conditions here regulated.

Through collective bargaining at the Company level, and in accordance with the provisions of Article 7 of this Convention on Regulatory Coordination, other economic conditions may be negotiated in accordance with the terms laid down in this Agreement. Article 84.2 of the TRET.

CHAPTER IX

Geographic Mobility

Article 45. Concept and modalities.

1. Geographical mobility is configured as a business faculty in case of duly accredited need arising from economic, technical, organizational or production causes, which involve in their application functional considerations of the company and personal or circumstantial of the worker.

It is also considered mobility as a right that assists the worker to obtain from the company the transfer for personal needs or promotion, by mutual agreement.

2. Geographical mobility may take the form of transfers or movements, depending on the limits laid down by law. Transfers may also be classified as individual or collective according to the TRET references.

3. Within the same population, undertakings may provide for the exchange of staff from one office to another, or to another undertaking in the insurance sector, provided that they belong to the same group of undertakings and are respected, the rights which are recognised by the affected worker.

4. Changes in the place of work shall not be taken into account for geographical mobility where the new centre of work is situated less than 25 km from the centre of the municipality where the workers came to provide their services.

The change of work centre between islands will always have the consideration of geographical mobility.

Article 46. Shipments.

1. Any change in the provision of work involving a change from a centre of work to another other than the same undertaking is considered to be a transfer, and it involves a change in the worker's residence, outside the cases covered by the numbers 3 and 4 of the preceding Article, and the duration of which exceeds the time limits laid down for travel.

2. Where the transfer is carried out by mutual agreement between the worker and the undertaking, the terms agreed in writing between the two parties shall be subject to the conditions laid down in this Chapter, which shall not be lower as a whole. Such transfer shall be communicated to the legal representation of the employees.

3. The transfer by objective needs of the company will require the concurrency of economic, technical, organizational or production reasons that justify it, owing the Company to notify the transfer to the affected worker, and to the legal representation of workers, at least 30 days in advance of their effectiveness, for the purpose of verifying their needs.

On a prior basis, the companies shall inform the position or posts to be covered, for the purposes of considering the applications submitted, by assessing the suitability criteria set out in the following number.

The transfer shall not prejudice the professional, economic or personal rights that the worker has been enjoying, respecting at least the conditions that he has until that time.

4. The collective transfer shall be communicated in advance to the legal representatives of the employees, at least 30 working days in advance, with input from the supporting documentation. During a period of 15 calendar days, the legal representation of the workers will be contrasted with the documentation provided, following a period of consultations on the existence of the motivating causes of the decision business, the possibility of avoiding or reducing its effects, as well as the possible measures to mitigate the consequences for the workers concerned.

During the consultation period the parties must negotiate in good faith with a view to reaching an agreement.

After the previous period of consultation, a period of 15 calendar days will be opened for the voluntary membership of the worker/s/s/s or jobs that need to be covered. After this period has been completed and the places have not been covered, the company may directly designate the persons and posts to be occupied, with simultaneous communication to the legal representation of the workers, taking care of the with respect to the following criteria:

a) Professional requirements for the position.

b) Cargas and family conditions.

c) Minor age in the enterprise.

(d) If one of the spouses is transferred, the other, if any of the same company, shall have the right to transfer to the same locality, if there is a job.

e) The legal representatives of workers will have priority to remain in the jobs in the procedures referred to in this chapter.

(f) After a shipment, the worker concerned cannot be the subject of another person for a period of one hundred and eighty days, unless mutual agreement is reached in another sense, on his own request or on a proposal from the company.

(g) Except agreement between the parties, the post that as a result of a non-voluntary transfer becomes vacant, shall not be covered by the transfer of another worker within a period of 90 days.

5. The minimum transfer compensation conditions, without prejudice to the fact that they can be improved in the period of consultations or in the negotiation at the company level, shall be as follows:

-Locomotion expenses of the person concerned and family members with the convivan, which must be justified.

-Transport expenses for furniture and goods.

-Cash compensation of expenses equivalent to three ordinary basic salary and Individual Adjustment and Experience Complements.

-Companies will provide economically evaluable aid to the worker to obtain housing in the city to which he/she would have been transferred for service needs.

-Prior period of up to ten days, paid leave, complete diet to facilitate the search for housing and schools.

6. Notified of the transfer decision, the worker shall have the right to choose between the transfer with the compensation before regulated or the termination of the contract of employment, under the conditions which have been agreed or, where appropriate, with the the compensation provided for in the legislation in force.

At any time the parties concerned may come to the out-of-court settlement procedures of established or established conflicts, with the exception of the actions of the worker and/or the representatives. legal workers can exercise before the competent jurisdiction.

All without prejudice to the removal of the shipment in accordance with the legally intended regulation.

7. As not foreseen in this article will be the regulation of the TRET.

Article 47. Displacements.

1. They shall be considered to be those of a geographical mobility of an individual nature which takes place within the limits laid down by law, in accordance with Article 40 (4) and (5) of the Treaty. TRET.

The displacements will require the existence of economic, technical, organizational or production reasons.

The usual travel of the Inspectors and commercial personnel, in compliance with their duties, is not considered to be displacements.

2. Unless this is not possible due to circumstances or reasons of urgency, the worker must be informed of the posting in good time to the date of its effectiveness, which may not be less than five days. working. The legal representation of the workers shall be informed of the posting.

Where the posting is more than three months, the minimum period of notice shall be 15 calendar days, in such a case the simultaneous communication to the legal representation of the workers, with indication of the causes that motivate you.

3. On displacements, the company will pay, in addition to the wages, travel expenses and allowances that are better for this assumption at the company level. The worker shall also be entitled to a leave of four working days at his home of origin for every three months of posting, without taking into account the travel days. Travel expenses relating to this permit shall be borne by the undertaking.

4. Travel for a period of three years in excess of 12 months shall, for all purposes, be treated as provided for in the Act and in this Convention for shipments.

5. The realization of these displacements will mean a special merit for the promotion of the employee.

CHAPTER X

Suspension and Extinction of the Work Contract

Article 48. Provisional deprivation of liberty.

The deprivation of liberty, while there is no conviction, will be considered an alleged suspension with the reserve of the job. In the event that such deprivation has to do with the employment relationship, the provisions of Chapter XIII on the legal order of offences and penalties will be provided.

Article 49. Maternity, paternity, adoption and welcoming.

The contract of employment may be suspended for the various reasons referred to in Article 45 of the recast of the Staff Regulations and in particular those laid down in Article 45 (d), which are as follows: maternity, parentage, risk during pregnancy, risk during natural lactation of a child of less than nine months and adoption or acceptance of both pre-adoptive and permanent or simple.

All these causes of suspension of work contract with the right to reserve of post shall be governed by the provisions of Articles 48 and 48a, of the Recast Text of the Workers ' Statute.

Article 50. Excess.

1. Definition:

The suspension of the work contract for a given period of time shall be deemed to exceed, in accordance with the provisions of the TRET and the following regulation.

Workers will not be able to compete with the business of the company, in the terms set out in the Law, as set out in Article 5 (d) of the TRET, and therefore their cause may not be the work or dedication to any activities of those included in the functional scope of this Convention.

2. Cases of surplus and effects:

In accordance with the provisions of the TRET and the agreed upon by the negotiating parties to this Convention, the assumptions of excess and the effects each of them produce are as follows:

a) Forced Excess for Public Charge Performance:

Shall be granted to workers appointed or elected for the performance of a public office which makes it impossible for them to attend work; they may also request their transfer to the situation of leave of absence. workers exercising union functions at a provincial or higher level for the duration of the exercise of their representative office.

This surplus will entitle you to the retention of the job, and to the age count in the company.

(b) b.1) Care for child care:

Workers shall be entitled to a period of leave of absence of not more than three years to take care of the care of each child, whether by nature or by adoption, or the assumptions of acceptance, permanent as a preadoptive, even if they are provisional, from the date of birth or, where appropriate, from the judicial or administrative decision. During the first year of leave the worker shall be entitled to the reserve of his/her job; after that period the reserve shall be referred to a position of work of the same professional group and remuneration.

b.2) Care of a family member:

They will also be entitled to a period of leave of absence, lasting no more than two years, unless a longer duration is established by collective bargaining, workers to care for the care of a family member, until the second degree of consanguinity or affinity, which for reasons of age, accident, disease or disability cannot be used by itself, and does not carry out paid activity.

Rules common to previous paragraphs 2.b.1) and 2.b.2):

The surplus provided for in the previous paragraphs constitutes an individual right of workers, men or women. However, if two or more employees of the same undertaking generate this right by the same deceased person, the employer may limit his or her simultaneous exercise for justified reasons of operation of the undertaking.

When a new deceased person is entitled to a new period of leave, the start of the period shall end to the one who, where appropriate, has been enjoying himself.

The provisions of paragraphs 4 and 5 of Article 46.3 of the Staff Regulations in force shall also apply to the above cases.

c) Voluntary Exceding for Own Affairs:

The worker with at least one year's age in the company is entitled to be on a voluntary basis 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 worker on a voluntary basis, retains only a right of preference for reentry in vacancies of equal or similar level as there would be or were produced in the company or group of companies, not having their duration to effective presence effects in the enterprise.

d) Special exceding for medical and professional reasons:

Under Article 46 (6) of the Workers ' Statute, the following cases of surplus are set out below, which will entitle the job to be reserved:

The worker with at least one year's seniority in the company will have the right to be recognized as a surplus, the duration of which shall not be less than three months and not more than one year, provided that his cause is motivated by any of the following circumstances:

d.1) Need for medical treatment for reasons of rehabilitation or recovery not included in a situation of temporary incapacity for work recognized by the General Social Security Regime.

d.2) Realization of studies related to the professional role played or performed in the company, as well as their professional projection in the company. For this case the worker must be at least two years old in the company and may not be required to be reapplied for by the worker until three years after the end of the previous year.

3. Request for Surplus procedure:

In order to obtain any kind of excess, the employee must communicate his/her written request to the company one month in advance, at least, to the date on which it should begin to take effect. Likewise, upon termination, a notice, in writing, of one month shall be required so that the corresponding right to return to work can be made effective.

The right to return to the company will be lost if the company has not been requested by the person concerned in advance of the date of completion of the period that was granted, except for the cases of leave of absence for child care and family care.

4. Information on the legal representation of workers:

The companies, in accordance with the provisions of Article 64.1.1 of the TRET, will provide regular information to the legal representation of workers on the relationship of workers in a situation of surplus and the period of the same.

5. Job vacancies and covers:

In case of covering the position of the surplus worker, it may be done by external procurement or internal supply.

For the purposes of the right to reentry that is recognised as a worker on leave, it is understood that there is a vacancy when the company does not cover or write down the existing job.

Amortization occurs due to the existence of technical, economic, organizational or production causes, as provided for in Article 52.c) of the TRET.

A position of the same level as the excess may not be covered when your request for re-entry is submitted in accordance with the provisions of the previous No 3, except that it is a post that, as required for its performance Professional specialties radically different from those of the surplus, could not be cared for by the same.

Article 51. Voluntary cessation.

The worker who intends to cease voluntarily in the company must inform the company of the address of the company by means of a written notice with a minimum of one month, in the event that he is in the group. Professionals I and II; and 15 days in the remaining cases.

Failure to comply with this obligation to prewarn in writing will allow the company to discount the worker part of the base salary and Complement for Experience, proportional to the days of notice omitted.

CHAPTER XI

Protection and occupational health

Article 52. General disposition.

In all matters concerning protection and occupational health, the Law 31/1995, of 8 November, of the Prevention of Occupational Risks, regulatory provisions for development and concordant rules, will apply.

Article 53. Monitoring of occupational health.

The companies, according to the risks inherent in the work, will guarantee the workers to their service the vigilance of their health status in the terms regulated in the Law of Prevention of Labor Risks, being carried out medical examinations and analytical tests resulting from them.

Article 54. Representation and training of staff in terms of protection and occupational health.

It will be in line with the Law on the Prevention of Labor Risks in terms of prevention delegates and health and safety committees.

The safety and health committee and the prevention delegates will have all the functions and powers conferred on them by the law, especially those for the prevention of occupational risks and reduction of accidents. work.

It is the criterion of the parties to the present General Convention of the mediation of private insurance that training in the field of prevention, in the terms of Article 19 of the Law on the Prevention of Occupational Risks, constitutes a part of the training programmes and projects to be developed in enterprises as a complement to vocational qualifications and in order to promote awareness in this field at all levels of enterprise.

The Joint Commission on Surveillance and Interpretation of the Convention will analyse and assess possible initiatives of its own or sectoral in terms of prevention and occupational health.

Article 55. Specific prevention.

As far as new IT technologies are concerned, and in accordance with the official regulations on the subject matter, companies, hearing the safety and health committee or the legal representatives of the workers who perform (a) such functions shall be observed in the case of preventive measures necessary to ensure that the conditions and means of employment do not alter the health of the worker, providing sufficient ergonomie measures to ensure that the working conditions of (i) the use of computer equipment, which does not have a particular impact on the health of the worker, such as: environmental luminosity, removal of luminous reflexes, anatomical and functional furniture, noise, etc.

The health and safety committee, or in its absence the legal representatives of the workers, will have in this matter the competences that the Law of Prevention of Labor Risks and norms of development attribute to them.

Article 56. Maternity protection.

It is declared in force in all matters relating to the protection of maternity, Article 26 of Law 31/1995, of 8 November, of the Prevention of Occupational Risks, which specifies all the possible actions that may be carried out by the companies, to protect workers who are at risk for their health or that of the fetus, during the gestation period, or to protect the mother and child during the breastfeeding period.

Article 57. Uniforms and garments.

Depending on the tasks to be carried out, or the characteristics or the need for the job to be performed, the company shall provide the staff with the appropriate work and/or protection under these circumstances, decide on the type of garments to be used, which will be based on the services performed.

The uniformed garments will be delivered at two-year intervals, with the possibility to be delivered alternately, with summer or winter garments, and there must be an initial endowment of uniform summer and summer garments. winter. In the case of protective garments, delivery shall be made annually.

CHAPTER XII

Supplementary Social Forecast

Article 58. Supplementary benefits due to temporary incapacity.

Employers affected by this Convention shall pay their employees, when they are in a situation of temporary incapacity arising from sickness or accident, common or at work, justified by appropriate means Public Health Service doctors, the difference between the economic benefit they receive from the General Social Security Scheme and the remuneration they would receive from the company when they are providing their services normally, for a period of time maximum of eighteen months.

If the worker is not entitled to the temporary disability benefit, the company shall pay 50% of the remuneration referred to above.

In no case will the supplement in charge of the company during the situation of temporary incapacity of the worker be able to suppose for this perceptions in its superior set to those that would correspond to it normally.

Article 59. Insurance policy.

1. The companies shall hire, for their sole office, their employees as an employed person, an insurance policy covering the risk of death and the advance of capital in the event of an absolute permanent incapacity, total for the usual profession, and invalidity, for a capital of EUR 16,000.

2. This insurance will have a supplementary guarantee which grants the double capital payment, i.e. 32,000 euros, in the event that the death or the alleged incapacity to be mentioned are produced by accident, whether or not it is a work.

Once the insured capital has been anticipated on the basis of one of the previously mentioned disabilities, both the employer and the insurance company that is regulated will have been satisfied as to the employee who received the benefit.

3. The obligation of insurance on the part of the employer of the above covers shall be extinguished from the date on which the worker retires or is 65 years of age.

4. If, in order to comply with points 1 and 2 of this Article, the mediator duly demonstrates to the worker that it is impossible for him to include in the life insurance policy he has contracted for the rest of the workers. of his/her mediation undertaking, the worker himself shall have a period of one month to find an insurance undertaking which shall cover him without charge or over-premium and under the same conditions as set out in points 1 and 2. cover to contract life insurance on the terms indicated, or exceed the period referred to above, the The mediator shall be released from compliance with this obligation and shall only be obliged to pay the affected worker an economic compensation equivalent to the full annual premium, without charge or over-premium, which the mediator should have paid to the insurance entity to produce the worker's inclusion in the life insurance policy that you have contracted.

Such an economic compensation shall be paid by the mediator to the worker concerned in the first month of each annuity of renewal of his employment contract, or of the employment relationship he has with the mediator.

5. Where the capital or hedges laid down in this Article are modified, the new capital and hedges shall enter into force and take effect after 30 days after the publication of the respective Convention in the 'B.O.E.', extending to that point of entry into force the capital and hedges secured in accordance with the previous Convention.

Article 60. Work accident coverage.

The legal representation of workers, in the companies affected by this Convention, must be previously informed by the mediator of the option to be exercised in respect of the provision of accident contingencies. work and occupational disease, or common, where appropriate, of the staff at his service, in the managing body of the General Social Security System or by associating with each other with accidents at work and occupational diseases of the social security (Article 70 of the Recast text of the General Law on Social Security, adopted by Real Legislative Decree 1/1994, of 20 June).

Article 61. Retirement.

A) Economic compensation for life:

1. From the date on which the employee fulfils the ordinary retirement age established by the legislation in force at any time, the latter may apply for his retirement, seeking to provide the employer with a three-month advance notice, with one economic compensation for life in charge of the undertaking for the assumption that the pension or pension which it receives from the Social Security system or other compulsory social welfare schemes does not meet the so-called "minimum annual remuneration" that is assigned at the time of retirement, consistent compensation in such a case in the difference up to equal "remuneration".

For these purposes, "minimum annual remuneration" means the equivalent of the following amounts for each of the professional groups listed below: Group I, 75% of the monthly base salary of the level remuneration allocated at the time of retirement, for 14 pages; sub-groups II A, II B and V A, 90% of the monthly basic salary of the salary level allocated at the time of retirement, for 14 pages; remaining groups and sub-groups, 100% of the (i) a monthly salary of the salary level allocated at the time of retirement for 14 pages. With proportional application in part-time assumptions.

In any case if the pension of the Social Security to be received by the retiree is the maximum pension in force, no financial compensation can be generated from the employer.

2. If, for the absence of the necessary years of contribution, the Social Security pension does not reach 100% of the regulatory base, it shall apply to the minimum remuneration referred to in order to determine whether or not there is economic compensation the employer's position, the same percentage taken into account for the fixing of the Social Security pension.

3. The provisions of numbers 1 and 2 of this paragraph shall not apply to staff who are newly recruited from 22 May 1987, who shall be entitled to the right to retire at the time of their retirement. general to be applicable to you. However, personnel who, on 22 May 1987, are working with any undertaking within the scope of this Convention, shall retain the rights granted in the first subparagraph of this paragraph, once the the circumstance expressed at the time of the new contract is accredited.

B) Economic compensation for retirement:

1. If retirement is requested by the employee in the month that meets the ordinary retirement age established at any time by the legislation in force, the employer shall pay, for one time, a monthly allowance for every four years in the the company in which the employee retires. To this end, the first monthly payment will start to become due from the start of the third year in the company. If retirement occurs after the ordinary retirement age in force at any time, the company shall not pay any amount, except where applicable, the compensation set out in numbers 1 and 2 of point (a) of this Article.

2. The sum of the amounts referred to in the preceding number 1 shall be equivalent to the following amounts for each of the groups and professional subgroups which are then expressed: Group I, 75% of the monthly salary of the salary level allocated at the time of retirement; Sub-groups II.A, II.B and V. A, 90% of the monthly basic salary of the salary level allocated at the time of retirement; remaining groups and sub-groups, 100% of the monthly basic salary of the paid level allocated in the time of retirement. With proportional application in part-time assumptions.

To the amount that represents, in each case, the percentage that proceeds, according to the previous scale, will be added to the amount of the increases for seniority and permanence that the worker has recognized to the 31/12/1995.

3. In accordance with the provisions of the Additional Provision 15th, of Law 44/2002, of Measures of Reform of the Financial System ("B.O.E. " (a) the private insurance intermediaries, as defined in Article 1 (4) of this Convention, may cover the compensation provided for in the earlier numbers of this paragraph (B), through any of the following: instruments provided for in the Additional Disposition First of the Recast Text of the Law on the Regulation of Pension Plans and Funds approved by Royal Legislative Decree 1/2002 of 29 November, and its regulatory development (through the subscription of a collective insurance contract on life, or promoting the formalisation of a plan of pensions).

(C) The rules contained in paragraphs (A) and (B) above are related to the current system for the calculation of pensions under the general social security scheme, depending on the age of the worker, years of contributions and (a) calculation of the levy for the determination of the regulatory base, according to Law 24/1997 of 15 July, so that if such a system were to be amended by law, the Joint Commission would meet and, depending on the conditions of will differentiate the new regime from the current one, will pass the economic criteria that regulates the present Article to the new situation.

CHAPTER XIII

Fouls and Sanctions

Article 62. Definition and general principles.

1. Any action or omission involving non-compliance with duties or obligations arising from the employment relationship is considered to be lacking.

2. Policies for the management and development of human and professional resources that contribute to the generation of adequate social climate will be promoted, providing, where appropriate, possible aid procedures in situations requiring measures of recovery or rehabilitation, which may have a positive impact on the provision of work.

3. The faults may be sanctioned by the person who has the legal representation of the Company, without prejudice to the proposal that may formulate the legal representation of the workers, according to the graduation and procedure established in the following articles, respecting the law in force, and the legal principles that make it up:

-Principle of legality and typicality: It is general in nature that the sanctionable conduct and the sanctions to be imposed are established and determined on the basis of the law (article 58 TRET).

-Principle "Non bis in idem": Avoid that the same facts can be punished more than once, without imposing sanctions that reduce holidays, worker breaks or fine.

-Principle of equal treatment and non-discrimination (Articles 14 C.E. and 17 TRET).

-Principle of proportionality and equanimity: A balance that must exist between the sanctionable conduct, its consequences and the sanction to be imposed and the requirement of impartiality.

-Principle of prior hearing in the form that is later regulated, in harmony with the provisions of Convention 158 of the O.I.T.

-Principle of jurisdictional protection of rights: The penalties imposed by the company may always be challenged by the worker before the competent jurisdiction under Law 36/2011 of October 10, social jurisdiction.

Article 63. Typing.

The list of faults described below is not exhaustive, with the possibility of other sanctionable conduct in accordance with the contract of employment granted by the employee and as provided for in Articles 5, 52.d), 54 and 58 of the TRET.

Any failure committed by a worker shall be classified according to its importance or significance in light, severe or very serious.

1. Mild:

Are minor faults all those actions or omissions which, due to negligence, affect the normal supply of the work, and which produce a harmful or harmful result of little importance for the company, among which consider including the following:

a) Three to five punctuality faults during a calendar month.

These effects are considered to be punctuality faults defined as such in the following article about delays.

b) The lack of prior notification, or within twenty-four hours, of the reasons for the absence to work, except for force majeure.

c) The lack of assistance to one day's work, in a calendar month, without proper authorization or cause to justify it.

For the purposes referred to in this Article, it shall be deemed to be non-attendance at work after the start of the day after the start of 40% of the day in question.

d) The abandonment of the job without a justified cause, even if for a short period of time, provided that the same does not result in serious injury to the company, since in such case it would operate the qualification subsequent.

e) Disattention and lack of respect or correction in dealing with colleagues or the public when it does not seriously harm the execution of the work or the image of the company.

(f) Negligence in the preservation of premises, material or documents of the company that cause minor damage to the premises.

g) Do not wear the full uniform on the working day, in those jobs that have been determined.

h) Failure to communicate to the company the place of notification (or modification) of the written communications of the company, irrespective of the place of residence of the worker.

2. Graves:

Serious faults are all those involving intentional or wrongful conduct that substantially affects the correct provision of work, the coordination of functions of the company, or the proper working life, such as:

a) From six to twelve punctuality faults within the period of one calendar month.

It is reiterated that, for these purposes, they are considered to be non-punctuality as defined in the following article about delays.

b) Lack of assistance to two-day work, within the period of one calendar month, without proper authorization or cause to justify it.

(c) Abandonment of the post without justified cause when, as a result, serious injury to the company is caused.

d) The omission or distortion of data or communications that have a quantifiable impact on Social Security.

e) Disobedience to the orders of the superiors, as well as non-compliance with the company's specific rules, provided that it does not seriously affect the execution of the work.

f) The abuse of work or word that is evident and a notorious lack of respect for other employees or the public.

g) Negligence in the preservation of premises, material or documents of the company, which cause significant damage to the premises.

h) The lack of grooming and personal cleansing when it is such that it affects the normal development of work, the image of the company, or produces justified and repeated complaints from colleagues.

It will be deemed necessary that it has existed for the prior warning effect.

i) Failure to comply with the statutory, regulatory or conventional obligations imposed on the worker in the field of occupational safety, occupational safety and occupational health, where the same origin is a serious risk to the worker physical integrity or health of the worker himself, his colleagues, third parties, or for the company's facilities. Such conduct shall be qualified as a very serious misconduct where the significance of non-compliance is such.

j) Perform particular work during the working day, as well as use for own company materials without proper authorization.

k) Unusual drunkenness or analogous situation arising from the consumption of psychotropic or similar products, if it has a negative impact on the work.

l) The origin of rines, bathrobes, or serious discussions that hinder the normal activity of the company.

(m) negligence, or inexcusable disinterest in the provision of the service provided that it is caused by serious injury to the undertaking, persons or things.

n) The breach or violation of must-reserve secrets that does not cause serious injury to the company.

(o) abusive acts in the exercise of the functions of command, without prejudice to the classification as appropriate, where appropriate, as a very serious fault, as referred to in paragraph 3 (k). The one who will suffer it will immediately put it in the knowledge of the company's management, either directly, or through the legal representation of the workers.

p) The simulation of the presence of another worker in the company.

q) The recidivism in the commission of two or more minor faults of the same nature, or three or more of a different nature, provided that they take place within a period of two months to count from the commission of the first and would have been Written warning or penalty on the same.

3. Very serious:

These are very serious errors that involve intentional or wrongful conduct that seriously affects the normal functioning of the mediation company, or that makes normal working life impossible, or assumes non-compliance. serious of the provision of work or serious infringement of laws, regulations or conventions.

Among the constitutive behaviors of a very serious lack, the following are considered:

a) Thirteen or more punctuality faults during a calendar month.

It is reiterated that, for these purposes, they are considered to be non-punctuality as defined in the following article about delays.

b) The lack of assistance to the three-day work within a period of one calendar month, without due authorization or cause to justify it.

c) The simulation of disease or accident. The same rating will apply to the non-existent cause allegation assumptions for obtaining permission.

(d) Abandonment of work without justified cause, where a very serious injury to the company originates as a result.

(e) habitual drunkenness or drug addiction if it has a negative impact on the work, without prejudice to the provisions of the chapter on safety and health at work.

It will be understood that drunkenness is common when you have previously mediated two written warnings for the same cause.

f) Fraud, theft or theft, both to the company and to the workers, or to any other person within the company's premises or to the development of the job function outside the company.

g) Disloyalty and breach of trust and, in general, intentional acts that cause serious harm to the company.

(h) The breach or violation of the secret of correspondence or of reserved documents, or required reserve data, which produces serious prejudice to the organisation and operation of the undertaking.

i) The voluntary distortion of data and information of the company, which caused serious damage to the company.

j) Disobedience to orders of the superiors, as well as non-compliance with the specific rules of the undertaking which involve a manifest of discipline or of which it derives serious prejudice to the same.

k) The abusive acts in the exercise of the functions of command, where they constitute an infringement of legal precepts with obvious and direct harm to the employee. Such a fact must be immediately brought to the attention of the management of the company, either directly or through the legal representation of the workers.

(l) Acts of sexual harassment or sexual harassment, being considered to be of particular seriousness those directed to persons subject to insider trading.

m) Unfair competition, providing services or collaborating, without the authorization of the business mediator, with another mediation company or insurance undertaking, or by providing insurance operations to them, or by contributing to the the contribution, regardless of the company with which the worker is linked.

n) The recidivism in the commission of two or more serious faults, even if they are of different nature, provided that they take place within a period of six months from the commission of the first and have mediated sanction on them.

o) acts of moral or psychological harassment, which consist of a conduct, practice or behaviour, carried out in a systematic or recurrent manner within a working relationship, which degrades or consents to the working conditions of a person, who directly or indirectly involve an impairment or attack on the dignity of the worker, or who continue to cancel the capacity, professional promotion or stay in the workplace of the worker.

p) Due to the applicable and mandatory requirements for all mediation companies, such as personal data protection, quality certification, money laundering or any other Similar nature in the company, there is a need for an express mention in the Convention for workers and employers to take into account that the non-compliance or transgression of the specific rules which the undertaking of know in a manner and motivated the worker, derived from the foregoing or analogous obligations, may be classified as a very serious matter for the worker, and may be the subject of the corresponding sanction provided for in the Convention, without prejudice to the application of the said non-compliance, to the common rules in force throughout the national territory.

The commission of the acts described above will be particularly serious when they have been committed to prevalise a relationship of superiority.

By means of this Convention, through its regulation in Article 69, the basis or criteria of the actions of the companies to act in front of them are established.

Article 64. Delays.

For the purposes stated in this order of faults and penalties, the delays in the entry to the work that are indicated below will be considered as faults of punctuality:

1. In the case of flexible hours: any unjustified delay beyond the flexibility margins established for entry to work.

2. Where there is no flexible timetable: the unjustified delay in the input time of more than ten minutes.

3. The lower delays within the indicated ten-minute margin will not be qualified as a lack of punctuality, although this period will have the consideration of time due to work to the corresponding effects.

Article 65. Sanctions. Graduation.

Work faults, in terms of their degree of importance, may be subject to the following sanctions:

A) For minor faults:

-Verbal or written assembly, or

-Suspension of employment and salary of up to two days.

B) For severe faults:

-A written installation, or

-Suspension of employment and pay from three to fifteen days.

C) For very serious faults:

-Suspension of employment and salary from sixteen to sixty days, or

-Disciplinary dismissal.

Article 66. Sanctioning procedure.

1. The power to impose sanctions shall be the responsibility of the person, in the field of employment, of the legal representation of the undertaking, which shall be exercised in the manner set out in this Convention and in accordance with the provisions of the TRET.

2. It falls within the jurisdiction of the legal representation of the workers in the company to make denunciation and/or proposal to the legal representation of the same one on facts or actions, in particular those behaviors that could involve abusive acts in the exercise of the functions of command, which are likely to be qualified as missing, to the resulting effects.

3. In accordance with existing legislation, the adoption of sanctioning measures by the company must comply with the following formalities:

3.1 The imposition of penalties for minor faults, or for lack of punctuality, with the exception of verbal admonition, shall be notified in writing to the worker.

3.2 The imposition of penalties for serious and very serious misconduct must be communicated to the worker in writing by stating the date and the facts that motivate it. The notification shall be made by any means which accredit the personal reception by the worker.

3.3 As long as the nature and circumstances of the facts permit and the statutory periods of limitation are not exhausted, the worker shall have four working days to reply to the communication carried out by the company on the facts that are imputed to him. After that period the undertaking shall communicate, where appropriate, the penalty imposed.

3.4 In those situations or situations which, due to their special characteristics, require a prior investigation period for the most appropriate knowledge of the scope and nature of the facts, the suspension may be available. employment, not pay, of the person affected by that situation. This possibility of suspension of employment may also be applied during the four days of prior communication to the worker referred to in point 3.3 above.

3.5 The imposition of sanctions, notified in writing to workers for serious or very serious misconduct, will be communicated to the legal representation of the workers. In the case of sanctions against workers affiliated to a trade union, and formally establishing this circumstance to the company, the corresponding trade union delegate must be given prior hearing if it exists.

3.6 In the case of sanctions against members of the business committee, staff delegates or trade union delegates, the opening of the contradictory file in which the interested party will be heard will be mandatory. company or other staff and/or trade union delegates.

The limitation periods during the processing of the file shall be deemed to be suspended.

3.7 The contradictory file in point 3.5 will be made up of the following actions:

(a) Communication dated to the affected worker of the sanctionable facts, of the classification of the fault, and of the intended sanction.

(b) Within four working days of the preceding notification, the worker concerned shall be heard as well as the legal representatives of the employees in the undertaking. Within the same period, the worker concerned may provide all the arguments and evidence which he considers to be relevant, extending that period to 10 working days, at the request of the worker.

(c) Within the next 10 days, the company shall inform the worker of its decision to ratify the sanction provided for, or to amend the decision by imposing a lower penalty, or its decision to cancel the file.

3.8 The worker may challenge the sanction that would have been imposed on him by application to the competent jurisdiction, in the terms regulated in Law 36/2011 of October 10, regulating the social jurisdiction.

3.9 Without prejudice to the legal regime set out in the previous issue, the undersigned organisations consider it positive to deepen the possibilities of the procedures laid down in Chapter XVI of the present Convention.

In this regard, from the previous hearing, and whenever an agreement has been expressed to the effect between the parties, they will be able to go to the procedures provided there.

Article 67. Prescription.

With regard to workers, minor faults will be prescribed at 10 days, the serious ones, at the age of 20 days, and the very serious ones at the age of 60 days, from the date on which the company became aware of its commission and, in any case, the six months of the mission.

Article 68. Cancellation.

The faults that have generated sanction will be cancelled, to the consequent effects, when the following deadlines are met: the mild ones at six months, the serious ones at the eighteen months and the very serious ones at the thirty-six months.

The cancellation may operate with shorter deadlines, at the request of the data subject and depending on the circumstances.

Article 69. Protocol for action in situations of sexual harassment, or harassment on grounds of sex, or of moral harassment.

The company will ensure that a suitable environment is achieved at work, free from unwanted behaviors of character or sexual connotation, or from so-called moral harassment, and will take appropriate measures to the effect.

Regardless of the legal actions that may be brought before any administrative or judicial authority, the internal and informal procedure will be initiated with the complaint of harassment before a person of the company address.

The complaint will lead to the immediate opening of the information file by the company, especially aimed at finding out the facts and preventing the continuation of the reported harassment. The company is exempt from the possible liability for violation of fundamental rights.

The representation of workers shall be brought to the immediate knowledge of the situation raised, if so requested by the person concerned.

In the investigations to be carried out, no more formality will be observed than the one to give the hearing to all the interveners, practicing how many actions can be considered conducive to the clarification of the facts. occurred.

During this process-which must be substantiated within a maximum of ten days-all actuants will be kept absolutely confidential and reserved, for directly affecting the privacy and good repute of the people.

The finding of the existence of harassment in the case reported will, among other measures, always lead to the active subject being within the scope of the company's management and organisation to the imposition of a penalty.

CHAPTER XIV

Succession in the mediation or assignment company, or assumption, of the management of the insurance portfolio

Article 70. Succession in the mediation company.

In accordance with the provisions of Article 44 of the TRET, where there is a replacement for the holder of the mediation undertaking, by virtue of acts "inter vivos" (cession or merger with absorption), or "mortis causa", the new The holder of the Mediation Undertaking shall assume the employment relations of the former holder of the undertaking, without any modification in such relations due to the fact of this business substitution.

Article 71. Assignment, or assumption, of the management of the insurance portfolio.

Also, and on the basis of the provisions of Article 44 of the TRT, where the transfer of the management of an insurance portfolio, by any cause, or the assumption of management by a third party, or by the insurance undertaking, occurs, a succession of business is considered to exist, and consequently the employment relationships of the employees who contributed their work in the management of the portfolio will be automatically assumed by the person, natural or legal, that will pass to to be responsible, or to be the holder, for the management of that portfolio, without any modification in such relationships for such a fact.

CHAPTER XV

Trade union and collective representation rights

Article 72. Of the workers and their representatives.

1. In the context of Articles 7 and 129 of the Spanish Constitution and Article 4 of the TRET, it is understood that the participation of workers in the company, which will take place in the terms and conditions laid down in the legislation in force and in the This General Convention.

2. Workers are entitled to the assistance and advice of their representatives in the terms recognised in the law and in this Convention.

3. Workers in the same company or workplace have the right to meet in assembly in accordance with Articles 77 et seq. of the TRET. In order to agree with the company that the assembly takes place in working hours, appropriate measures will also be agreed to ensure that its development does not harm the delivery of the service.

4. Workers ' legal representatives shall be understood to mean the works councils, staff delegates and trade union delegates of the trade union section (SSE), which shall have the powers, rights, obligations and guarantees referred to above. for the same by the Organic Law on Freedom of Association, TRET and the General Convention itself.

Article 73. From trade unions and union delegates.

1. The parties to the present Convention, by these provisions, once again ratify their status as valid interlocutors, and are also recognized as such, in order to implement relations through their organizations. rational work, based on mutual respect and aimed at facilitating the resolution of how many conflicts and problems arise from our social dynamics.

Trade unions, especially those with the most representative status, are basic and consumer-friendly elements to deal with the necessary labor relations between workers and entrepreneurs. All without dismerit of the privileges conferred by the Law, and developed in the present agreements, to the legal representatives of the workers.

2. In order to ensure the full exercise of trade union freedom, the provisions of the collective agreements, the individual agreements and the unilateral decisions of the employer containing or without effect shall be null and void assume any form of discrimination in employment, in working conditions, whether favourable or adverse, by reason of accession or not to a trade union, to its agreements adopted in accordance with the laws, or to the exercise in general of activities union.

3. In the case of undertakings or, where appropriate, in employment centres with a staff of more than 175 employees, the trade union sections which may be set up by the workers affiliated to the trade unions which have a presence on the works councils be represented by a trade union delegate elected by and among its members in the company or in the workplace, in the form and with the rights and guarantees provided for in the Organic Law 11/1985 of 2 August of Freedom of Association.

Article 74. Of the works councils.

1. They shall, within the exclusive scope of their own right, have the capacity, powers and guarantees that the Law and this General Convention expressly determine at any time, as well as the obligations inherent in the performance of their duties.

2. They shall have the credit of paid monthly hours as determined by the Law. The legal credit of hours of the various members of the business committee, staff delegates and union delegates may be accumulated up to 150% of those corresponding to each member. The undertaking shall be notified, through its representatives, for at least monthly periods, the person or persons in whom the said hours are accumulated, as well as for whom or who the accumulation is made.

At the company level, other accumulation criteria may be agreed, other than the limits set above, with the distribution and periodicity to be fixed in each case, by agreement between the legal representatives of the workers and the management of each company.

3. Without exceeding the legal maximum, the paid hours available to the members of the trade union representation may be consumed in order to provide for the assistance of the trade union representatives to training courses organised by their trade unions, training institutes or other entities.

4. In the case of an inspection by the Directorate-General for Insurance, which concluded in the minutes for a very serious lack of which questions affecting the future stability of the company's workforce, wholly or in part, could be deducted, the made in the knowledge of the legal representatives of the employees by means of a copy of the part of the minutes in which such matters are raised.

Article 75. Of the members of the workers ' representation in the Joint Committee.

Members of the workers ' representation in the Joint Commission for the Interpretation, Surveillance and Enforcement of this Convention shall have the following powers:

1. Those specifically referred to in the present Convention for such representation and the derivatives necessary for their compliance.

2. The interpretation of the Convention, together with the business representation, in its implementation and monitoring.

CHAPTER XVI

Joint Commission for the interpretation, monitoring and monitoring of the Convention

Article 76. Definition, composition and competences.

1. Aware the organizations signers of the desirability that, for the good climate of the labor social relations in the field, has the existence of adequate channels that facilitate the correct application and interpretation of the agreed and, in their case, the out-of-court settlement of the labour disputes which may arise, and in accordance with the provisions of Articles 85.3.e and 91 of the Staff Regulations, a Joint Commission for Interpretation, Surveillance and Follow-up to this Convention which, without depriving the parties of the right to use the road the administrative and/or judicial authorities that proceed, shall have competence to carry out the following tasks:

(a) Interpretation of this General Convention.

b) Continuous monitoring of the implementation and development of such legislation. If, for the duration of this General Convention, the development of adaptation functions is necessary or, where appropriate, new rules or amendments are laid down which affect any of the matters governed by it, the parties The signatories shall, at the request of any of them, meet in order to analyse the consequences and repercussions which the variations introduced may have on the content of the Convention, if necessary by proceeding to their adaptation in order to maintain the balance of the existing set prior to such variations.

(c) Mediation and, where appropriate, arbitration in those disputes which are voluntarily and jointly submitted to it by the parties concerned and which relate to the application or interpretation of the sectoral legislation referred to.

(d) Participation in conflicts arising in the cases of substantial modification of working conditions provided for in Article 41.6 of the Staff Regulations, and must be communicated to the Commission in advance Peer.

e) Knowledge and, where appropriate, resolution of any discrepancies which may arise during the period of consultation in the proceedings for the application of the Convention within the undertaking, in the terms of Article 43 of the present Convention, in accordance with the forecasts of the 82.3 of the E.T.

f) Intervention prior to the formal approach to the conflict, in the cases of collective conflict concerning the interpretation or application of this Convention, in accordance with the provisions of Article 91.3 of the Treaty; E.T.

2. It shall be composed of seven members of the business representation and seven members of the representation of the employees, appointed respectively by AEMES and by the organizations which are signatories to the Convention, with equal proportion, trade union, which in the negotiating committee. At least 50% of the members of this Joint Committee shall have been as members of the Negotiating Committee of this Convention.

The meetings of the commission may be attended, with a voice but without a vote, by the advisors who, in each case, appoint the respective representations.

At each meeting, a moderator with a rotating character will be appointed at the beginning. Two minutes writers shall also be appointed, one for each part.

3. The members of the staff representation in the Joint Committee shall have a credit of twenty-eight monthly paid hours for the performance of their representation in that committee.

No member of the Joint Commission, which is a member of the Negotiating Commission of the Convention, may accumulate the schedule credit mentioned above to that established in the Negotiating Commission.

No worker, member of the Joint Commission, may accumulate the work permit of another member of the same commission.

4. Committed the parties to facilitate the correct application and interpretation of the collective agreement here regulated, during the negotiation of a new Convention the Joint Commission of Interpretation, Surveillance and Follow-up of the Convention will continue with his duties until the signing of a new Convention.

Article 77. Conflict resolution procedure.

1. In order to facilitate its operation, the Joint Commission will approve the corresponding application models to promote its actions which will be the subject of appropriate sectoral dissemination. It shall also provide guidance for a model of submission clause for arbitration purposes.

2. The application for action by the Joint Committee shall be formalised in writing in which the following shall be

:

a) The type of action that is required from among those attributed to you in the previous item number 1.

b) Who or who request the action, with the necessary identification data (first and last name or social reason if it is a legal person); character with which it acts (worker, with indication of the company to which it belongs or (employer) and domicile.

(c) If the action required is not arbitration, the written statement must be signed by the parties in dispute, and the commitment, voluntarily assumed, to submit its dispute to the arbitration decision of the the Joint Commission, and of compliance with it. The points or extremes submitted to arbitration and the positions and reasoning of each of the parties shall also be clearly stated.

(d) For the processing of mediation and arbitration requests, the procedures and deadlines provided for in the Agreement for the Autonomous Conflict Solution (ASAC) shall be followed.

The expenses that could arise as a result of this arbitration action by the Joint Commission will not be passed on to the members of the trade unions present in the negotiations or to the companies associated with the business representation equally intervening in the same.

For the purposes of communications, the commission shall be understood as located on the street Núñez de Balboa, 116, 3. º, 28006 Madrid.

3. The agreements of the commission shall in any event require the favourable vote of the majority of each of the two representations.

Reached the agreement and without it affecting its effectiveness and validity, may be incorporated into it the particular votes that could be issued by the dissenting representations with the agreement adopted.

In the absence of agreement, the commission may collect the technical reports or advice it considers to be able to assist in the settlement of the controversial aspects.

In order to subsist the disagreement, the commission will go to the mediation procedure or, where appropriate, arbitration that, in the case of the specific case raised, is considered to be more appropriate for the solution of the dispute.

The commission may designate one or more persons who may carry out the indicated tasks of mediation or arbitration for a specified period of time.

4. The decisions of the Joint Committee shall be issued in writing within one month from the date of the meeting in which the Commission has taken cognizance of the matter, and shall be the immediate meeting following the meeting. receipt of the request for action. That period may be extended up to a further month when, due to the complexity of the issue raised or the need to carry out tests or checks in relation to the subject, the commission shall agree.

5. The request for action by the Joint Commission shall not deprive interested parties of the right to use the administrative or judicial route, as appropriate.

Now, in the case in which they have jointly and voluntarily submitted the dispute to the arbitration referred to in point 1.c) of the previous article, the parties will not be able to go to the judicial or administrative route, nor to raise pressure measures or to declare a collective conflict until the commission has given its opinion on the question raised. This is without prejudice to the rules on prescription or expiry which apply to the case raised and which may in no way be affected by the request for arbitration.

CHAPTER XVII

Equality plans and equal parity commission

Article 78. Equality plans.

1. In accordance with the provisions of Law 3/2007, for the effective equality of women and men, companies are obliged to respect equal treatment and equal opportunities in the field of employment and, for this purpose, must adopt targeted measures. to avoid any type of employment discrimination between women and men, measures to be negotiated, and where appropriate agreed, with the legal representatives of workers in the form to be determined in labour law.

2. In the case of undertakings of more than two hundred and fifty workers, the equality measures referred to in the preceding paragraph shall be directed to the drawing up and implementation of an equality plan, with the scope and content laid down in that plan. Chapter, which shall also be the subject of negotiation in the form specified in the labour law.

3. The plans for equality of enterprises are an ordered set of measures taken after a diagnosis of the situation, aimed at achieving equality of treatment and opportunities between women and men in the enterprise and eliminating the discrimination on grounds of sex.

The equality plans will set the concrete objectives of equality to be achieved, the strategies and practices to be adopted for their achievement, as well as the establishment of effective systems for monitoring and evaluating the objectives. fixed.

4. In order to achieve the objectives set, the equality plans may include, inter alia, matters of access to employment, professional classification, promotion and training, remuneration, the organisation of working time in favour of, terms of equality between women and men, reconciliation of work, staff and family, and prevention of sexual harassment and harassment on grounds of sex.

5. The equality plans shall include the whole of a company, without prejudice to the establishment of appropriate special actions in respect of certain workplaces.

Article 79. Equal parity commission.

In order to interpret and implement correctly Law 3/2007, for the effective equality of women and men that had its entry into force on March 24, 2007, a Joint Equality Commission with the functions is set up. following:

-Obtaining by means of surveys or other means to agree on annual sectoral information of the measures implemented in the different companies and the templates, broken down by professional categories and gender.

-Advising companies to apply for equality rights and obligations, as well as plans for implementation of plans.

-Mediation and, where appropriate, arbitration in those cases which are voluntarily and jointly submitted to you by the parties concerned, and which relate to the application or interpretation of the equality plans.

-To gather information from companies about the incidents and difficulties that the implementation of the Law of Equality can generate.

The Joint Equality Commission shall be composed of 7 members, under the same conditions as the Joint Commission for the Interpretation and Surveillance of the Convention, and on condition that they be the same as those appointed for the said Convention. Joint Committee. Both commissions will share the twenty-eight-hour credit schedule.

Additional disposition first. Principle of safeguarding in the concurrency of Conventions.

1. The collective agreements in force for the entry into force of this General Convention will continue to develop their effects throughout the period of their validity. To their conclusion, the parties entitled to the negotiations at the level of undertaking or group shall decide what is appropriate to their interests, always bearing in mind the provisions of this General Convention and, in particular, the provisions of this Convention. Article 7 on the articulation of collective bargaining.

2. The references to concepts, pages or supplements of the above sectoral remuneration structure, which are repealed and replaced by the 1996-1998 Convention, shall always be construed as references to regulation, number or amount. referred to in the previous sectoral legislation.

Additional provision second. Clarification of the terms "Group or groups of companies".

For the purposes of the references contained in this Convention to group or groups of undertakings, it shall be as indicated in the relevant market regulation and its adaptation to the field of employment, without prejudice to the set to the first provision first.

Additional provision third. Pairs in fact.

In view of the evolution of social reality in family matters, the same rights as the Convention for spouses in marriage are recognized for persons who have not been married to each other, living in an affective union, stable and durable, subject to the justification of these extremes by means of certification of registration in the corresponding official register of couples in fact, where it exists, or similar accreditation to justify this circumstance.

This equalization shall be extended to the employee's marriage permit governed by Article 30.1.a) of this Collective Agreement. For their justification it will require certification of registration in the corresponding official registration of pairs or unions in fact, not being able to enjoy for the second time in the case that the marriage is finally celebrated.

In the event of a conflict of interests with third parties, the recognition of the right that corresponds will be carried out in accordance with the legal origin that, in a firm way, is determined by the administrative or judicial authority competent in accordance with the current positive order.

Additional provision fourth. Victims of gender-based violence.

In order to expressly collect rights that assist female workers who may be victims of gender-based violence and who transcend the private sphere of violence, affecting fundamental rights in general and In particular, the present Convention wishes to make a reference and express reference to them which are fully developed in the recast text of the Workers ' Statute and which deal with the following matters:

TRET Article 37.7, which makes it possible to request a workday reduction.

Article 40.3a of the TRET, concerning facilities for the geographical mobility of such persons.

TRET Article 48.6, referring to specific surpluses for these reasons.

Article 52.d. Second paragraph of the TRET, which provides for certain justified failures of assistance.

Additional provision fifth. Agreement of the parties to the collective agreement 2013-2015 for the study and adaptation of the professional classification to the reality of the insurance mediation companies

1. The parties to the agreement of the Collective Agreement on the Mediation of Private Insurance for the years 2013-2015, in their real commitment to adapt the normative text to the true reality and structure of the mediation companies, agree on study and review of the planned professional classification system for their suitability for the new conditions and circumstances of the companies, as well as for the improvement of their drafting and understanding by the workers and employers.

2. In the second half of September and provided that this collective agreement has been published in the Official Gazette of the State, the parties agree to the establishment of a Joint Commission for the study and adaptation of the professional classification, establishing a maximum period of six months for the completion of this study since its establishment.

3. As the customer service is the main mission of the mediation companies, the commission charged with preparing this study and adaptation should take into account the changes in the demand and distribution of insurance in recent years, especially valuing the commercial approach that is required in each position or professional profile for customer loyalty and engagement.

First transient disposition. Classification under Convention 1996-1998.

If, as a result of the classification made under the 1996-1998 Convention, the worker would have been paid a lower monthly base salary than he had been enjoying according to his previous work category, the difference between the previous base salary and the new base salary will be respected to the worker, figuring as a personal complement in the receipts of wages, under the denomination "previous base salary difference".

This personal complement will have the same evolution as the new base salary, that is, it will be increased with the same percentage that increases, in the future, the new base salary.

Second transient disposition. Insurance day.

It is declared work, in the mediation companies, on May 14, the date of the day of the insurance.

Transitional provision third. Interagency committees.

In those undertakings in which there are intercentral committees established prior to the entry into force of this Convention, this figure shall be maintained, but at any time the legal representation of the workers can agree to their extinction by majority agreement.

Final disposition first. Irretroactivity.

The economic conditions agreed in this Convention shall not affect the working relationships that are firmly extinguished prior to their entry into force.

Final disposition second. Registration, publication and dissemination of this Convention

This Convention shall be filed in the General Register of Collective Labour Conventions for the purposes of their legal deposit, registration and publication.

The business organisation and trade unions which are signatories to this Convention shall make the maximum dissemination of this Convention between undertakings and workers in the mediation sector in order to facilitate their knowledge and application.

Final disposition third. Procedure for out-of-court settlement of disputes.

Without prejudice to the powers conferred on the Joint Commission for the Interpretation, Surveillance and Monitoring of the Convention, the parties express their wish that other systems of out-of-court settlement of labour disputes promoted at the State or Autonomous Community level can be applicable, once the requirements and standards established for this are met.

However, you agree to accede to the Agreement on the Extracueal Solution of Labor Conflicts in force at any time, during the duration of this Convention or any of its extensions. It is therefore linked to the totality of the employees and companies within the territorial and functional scope to which they represent.

Without prejudice to the parties ' willingness not to submit in any case to a binding arbitration, in such a way that they will only go to this procedure by agreement between them.

ANNEX TO THE COLLECTIVE AGREEMENT OF PRIVATE INSURANCE MEDIATION COMPANIES

ANNEX I

Economic conditions for 2013

1. Salary table.

	and subgroups	Pay level	Monthly base salary	Annual computation (× 14)
I	1	2.150.58	30.108, 12
	II. A	2	1.784.52	24,983.28
II. B, V.A.	3	1.647.26	23.061.64
III. A, V. B	4	1.510.01	21.140.14
III. B1, V. C1	5	1.372.73	19.218.22
III. C	6	1.143.94	16.015.16
III. B2, V. C2	*	1.143.94	16.015.16
IV. A	7	1.098.18	15.374.52
III. D, IV.B	8	960.90	13.452.60
VI	9	799.64	11.194.96

* Consult the regulation of these sub-groups in Article 17 of this Convention.

2. Experience complement (CPE).

Payback level

Monthly Add-on Amount per Year of experience, computing annuities since 1998 (payable on 14 pages)	Monthly maximum
4	13.73	137.30
5	13.73	137.30
6	22.88	228.80
7	4.59	45.90
8	13.73	137.30

It is reiterated that to begin accrual this supplement must have elapsed one year of the employee's presence in the company, being paid from January of the following year.

3. Table of minimums year 2013, relative to the pay supplement PAE, for companies that manage more than 25,000,000 euros in premiums.

Paid Level

Minimum Monthly PAE	Annual PAE (× 14)
1	120.48	1.686.72
2	98.22	1.375.08
3	90.66	1.269.24
4	85.51	1.197,14
5	81.90	1.146, 60
6	68.51	959.14
7	65.77
55,51	777.14
9	55.51	777.14

4. Inspection Functional Plus (PFI).

EUR 1,801,97 is fixed for workers whose development of the inspection function does not allow them to stay at their usual address, and EUR 900,97 for workers whose development of the inspection function is not prevent you from staying at your usual address.

5. Allowances and costs of locomotion (from the date of publication of the Convention).

The amount of the diet when the worker stays out of his usual residence will be 81 euros; when the worker does not stay out of the place of his usual residence the reduced diet will be 16.5 euros.

Locomotion costs are set at EUR 0.30 per kilometre travelled, when the journey has been carried out according to the employer owned by the employee.

6. Economic compensation for lunch (from the date of publication of the Convention).

The minimum of this compensation shall be for the assumption provided for in the third subparagraph of Article 28.4, third indent, of EUR 9.00.

7. Variable wage increase table for the year 2013 (Article 42).

	More from/to	More de/up	More from/to	More from/to		More More Table_head"> de/up	More from/to	More
Increment fee and fee income (%).	0-3	3-4	4-5	5-6	6-10	10-15	15-20	20
Increment (%)	0.35	0.45	0.70	1.00	1,30	1.70	2.30	2.30

* The rules laid down in Article 42 of the Collective Agreement shall be taken into account for their implementation.

ANNEX II

Economic conditions for 2014

1. Salary table.

	and subgroups	Pay level	Monthly base salary	Annual computation (× 14)
I	1	2.163.48	30.288, 72
	II. A	2	1.795.23	25,133.22
II. B, V. A	3	1.657.14	23.199.96
III. A, V. B	4	1.519.07	21.266.98
III. B1, V. C1	5	1.380.97	19.333.58
III. C	6	1.150.80	16.111.20
III. B2, V. C2	*	1.150.80	16.111.20
IV. A	7	1.104.77	15.466.78
III. D, IV.B	8	966.67	13.533.38
VI	9	804.44	11.262.16

* Consult the regulation of these sub-groups in Article 17 of this Convention.

2. Experience complement (CPE).

Payback level

Monthly add-on amount per year of experience, computing annuities since 1998 (payable in 14 pages)	Monthly maximum
4	13.81	138.10
5	5 Center_table_body "> 13.81	138.10
6	23.02
4.62	46.20
	46.20
8	13.81	138.10

It is reiterated that to begin accrual this supplement must have elapsed one year of the employee's presence in the company, being paid from January of the following year.

3. Table of minimums year 2014, relative to the pay supplement PAE, for companies that manage more than 25,000,000 euros in premiums.

Paid Level

Minimum Monthly PAE	Annual PAE (× 14)
1	121.20	1.696.80
2	98.81	1.383.34
3	91.20	1.276.80
4	86.02	1,204,28
5	82.39	1.153, 46
6	68.92	964.88
7	66.16	926.24
	8	55,84	781.76
9	55.84	781.76

4. Inspection Functional Plus (PFI)

It is fixed at EUR 1,812,78 for workers whose development of the inspection function does not allow them to stay at their usual address, and EUR 906,38 for workers whose development of the inspection function is not prevent you from staying at your usual address.

5. Allowances and costs of locomotion (from 1/01/2014).

The amount of the diet when the worker stays out of his usual residence will be 82 euros; when the worker does not stay out of the place of his usual residence the reduced diet will be 17 euros.

Locomotion costs are fixed at EUR 0.31 per kilometre, when the journey has been carried out according to the employer owned by the employee.

6. Economic compensation for lunch (from 1/01/2014).

The minimum of this compensation shall be, for the assumption provided for in Article 28.4, third paragraph, third indent, of EUR 9,30.

7. Variable wage increase table for the year 2014 (Article 42).

	More from/to	More de/up	More from/to	More from/to		More More Table_head"> de/up	More from/to	More
Increment fee and fee income (%).	0.6-3	3-4	4-5	5-6	6-0	10-15	15-20	20
Increment (%)	0.35	0.45	0.70	1.00	1,30	1.70	2.30	2.30

* The rules laid down in Article 42 of the Collective Agreement shall be taken into account for their implementation.

ANNEX III

Economic conditions for 2015

1. Salary table.

	and subgroups	Pay level	Monthly base salary	Annual computation (× 14)
I	1	2.182.95	30.561, 30
	II. A	2	1,811.39	25,359.46
II. B, V. A	3	1.672.05	23.408.70
III. A, V. B	4	1.532.74	21,458.36
III. B1, V. C1	5	1.393.40	19,507.60
III. C	6	1.161.16	16.256.24
III. B2, V. C2	*	1.161.16	16.256.24
IV. A	7	1.114.71	15.605.94
III. D, IV.B	8	975.37	13.655.18
VI	9	811.68	11.363.52

* Consult the regulation of these sub-groups in Article 17 of this Convention.

2. Experience complement (CPE).

Payback level

Monthly add-on amount per year of experience, computing annuities since 1998 (payable in 14 pages)	Monthly maximum
4	13.93	139.30
5	5	13.93	139.30
6	23.23	7
4.66	46.60
8	13.93	139.30

It is reiterated that to begin accrual this supplement must have elapsed one year of the employee's presence in the company, being paid from January of the following year.

3. Table of minimums year 2015, relative to the pay supplement PAE, for companies that manage more than 25,000,000 euros in premiums.

Paid Level

Minimum Monthly PAE	Annual PAE (× 14)
1	122.29	1,712.06
2	99.70	1.395.80
3	92.02	1.288.28
4	86.79	1.215.06
5	83.13	1.163, 82
6	69.54	973.56
7	66.76	934.64
8	56.34	788.76
9	56.34	788.76

4. Inspection Functional Plus (PFI).

EUR 1,829,10 is fixed for workers whose development of the inspection function does not allow them to stay at their usual address, and EUR 914,54 for workers whose development of the inspection function, does not prevent them from staying at their usual address.

5. Allowances and costs of locomotion (from 1/01/2015).

The amount of the diet when the worker stays out of his usual residence will be 83 euros when the worker does not stay out of the place of his usual residence the reduced diet will be 17.5 euros.

The costs of locomotion are fixed at EUR 0.32 per kilometre, when the journey has been carried out according to the employer in vehicle owned by the employee.

6. Economic compensation for lunch (from 1/01/2015).

The minimum of this compensation shall be, for the assumption provided for in Article 28.4, third paragraph, third indent, of EUR 9,50.

7. Variable wage increase table for the year 2015 (Article 42).

	More from/to	More de/up	More from/to	More from/to		More More Table_head"> de/up	More from/to	More
Increment fee and fee income (%).	0.9-3	3-4	4-5	5-6	6-10	10-15	15-20	20
Increment (%)	0.35	0.45	0.70	1.00	1,30	1.70	2.30	2.30

* The rules laid down in Article 42 of the Collective Agreement shall be taken into account for their implementation.