Having regard to the text of the State Collective Gardening Convention (Convention Code No. 99002995011981), for the period 2013-2014, which was signed, dated May 22, 2013, by business organisations The Spanish Association of Parks and Gardens Companies (ASEJA) and the Association of Landscape and Environmental Companies (ASERPYMA), representing companies in the sector, and the trade union organizations Federation of Private Services of Workers ' Commissions (CCOO-FSP) and the State Federation of UGT Services (FeS-UGT), representing the working group concerned, and in accordance with the provisions of Article 90 (2) and (3) of the Law on the Status of Workers, Recast Text approved by Royal Legislative Decree 1/1995 of 24 March, and In Royal Decree 713/2010 of 28 May on the registration and deposit of collective agreements and agreements of work,

This Employment General Address resolves:

First.

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

Second.

Arrange for publication in the Official State Gazette.

Madrid, July 4, 2013. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.

GARDENING STATE COLLECTIVE AGREEMENT 2013-2014

PRELIMINARY QUESTION. DETERMINATION OF THE PARTIES TO THE CONVENTION

They are signatories to this convention by union representation, the Federation of Private Services of Workers ' Commissions (CCOO-FSP) and the State Federation of UGT Services (FeS-UGT), and by the business representation of the Spanish Association of Parks and Gardens Companies (ASEJA) and the Association of Landscape and Environmental Restores (ASERPYMA).

The parties hold and acknowledge the representativeness required in Title III of the recast of the Law of the Workers ' Statute and therefore with full legitimacy to subscribe to this Convention. Collective of statutory character.

Given the normative nature and general effectiveness, which is given to it by the provisions of Title III of the Workers ' Statute and the representativeness of the undersigned organizations, this Convention will oblige all associations and entities, as well as companies and workers, within their functional, personal and territorial areas during their lifetime.

CHAPTER FIRST

Article 1. Territorial Scope.

This convention will be applicable throughout the national territory.

Article 2. Functional Scope.

This agreement will be applicable and will require all those companies that dedicate themselves to the realization, design, conservation and maintenance of gardening in all its modalities, whether public or private, as well as those of the companies that independently of the various activities that they could develop, carry out their own works of design, construction, conservation and/or maintenance of gardening in all its modalities.

Article 3. Personal Scope.

All workers who are high in the workforce of the companies mentioned in the functional area are included within the scope of this agreement.

As well as those who are integrated in companies that independently of the various activities that they could develop, they carry out own works of design, construction, conservation and/or maintenance of gardening in all of its modes.

CHAPTER SECOND

Article 4. º Vigency, duration and extension.

The agreement will have an initial effect from January 1, 2013 to December 31, 2014, extending for periods of year, if it does not mediate the denunciation of either party, in advance of three months to the date of the term of the initial term or the relevant extension.

For the alleged denunciation of the agreement in time and form, it is agreed to extend the validity of the agreement denounced for two years, to count from the date of the end of the initial term or the corresponding extension in its case.

The denunciation of the agreement must be made, by whom it is a signatory, by means of communication to the other signatory parties, expressing in detail in the communication, which must be made in writing, the legitimization which is held in accordance with Article 87 of the Staff Regulations.

Within the maximum period of one month from the receipt of the communication, the special negotiating body shall be set up. If the legally established deadline for reaching an agreement is not reached, the parties agree to submit to the State-wide Interprofessional Dispute Settlement Agreement that regulates them.

The economic concepts will have retroactive effect as of 1 January 2013, being paid on the payroll of the month following that of their publication in the BOE, or for those companies that have verified information on the text and tables in the payroll of the month following its notification.

Article 5. º Rules Prelate.

The rules contained in this Convention shall govern relations between undertakings and their personnel, within the territorial, functional and personal fields referred to in Articles 1, 2, 2 and 3.

The regulation contained in this convention on organization, working time and working time, weekly rest, vacation, retirement, salary structure and salaries (bases, supplements, overtime and work) (a) in turn), licences and allowances, functional mobility, trade union rights and training, will be of a minimum necessary in respect of the regulation which could be contained in other collective agreements at more reduced.

The parties expressly agree that, from the date of entry into force of this Convention, they may not be agreed in the fields provided for in Article 84.3 of the Workers ' Statute, subject to negotiation in this Convention

All without prejudice to the provisions of Article 84 (2) of the Staff Regulations, as provided for in the agreements or agreements of undertakings which are in force or in an unspoken extension, to the signature of the State Convention.

As expressly provided for in the text of this Convention, the Staff Regulations and other supplementary rules contained in the current labour law shall apply.

Article 6. Compensation and Absorption.

The conditions set out in this Convention replace those which are currently governed by the provisions of this Convention, which are more beneficial than hitherto governed by the provisions of this Convention. for workers included in the same.

If there is a worker who has recognised conditions which, as a whole and in the annual calculation, are higher than those for workers of the same qualification as set out in this Convention, Those with a strictly personal nature and only for the workers to whom it is affected shall be respected.

The possible application of future labour standards should be valued as a whole and annual computation, being compensated and absorbed by the conditions agreed in this agreement, as long as they are not considered to be exceeded by those.

Except as set out in the preceding paragraph are those general rules of general character which hold the necessary and non-compensable right condition in annual computation.

Article 7. º Link to all.

The agreed conditions form a whole organic and indivisible and for the purposes of their practical application they will be considered globally.

In the event that the administrative or judicial administrative authority, using its powers, considers that any of the pacts conculcates the legality in force, this agreement will have effects with the exception of the article or articles to be determined to reconsider. This review shall take effect within three months of the notification of the standard concerned.

Article 8. Joint Commission.

Both negotiating parties agree to establish a Joint Commission as an organ of interpretation, arbitration, conciliation and monitoring of compliance with the Convention.

Composition: The Joint Commission will be composed of four members representing employers and four others representing the employees, all of whom are elected from the signatories of the convention.

Advisors: This Commission will be able to use the occasional or permanent services of advisers in all matters within its competence. Such advisers shall be freely appointed by each of the parties.

Specific functions:

1. º The terms and conditions for the knowledge and resolution of issues regarding the application and interpretation of collective agreements in accordance with current legislation.

2. º Arbitration for problems or conflicts that are submitted to you by the parties.

3. th Surveillance of the fulfillment of the agreed upon.

4. Study of the evolution of relations between the contracting parties.

5. Entend, among others, how many efforts tend to make the Convention more effective.

Procedure: Matters submitted to the Joint Commission shall take the character of ordinary or extraordinary.

The Joint Commission will award such a qualification unanimously by all its members. In the first case, the Commission shall, within 60 days, and in the second case, decide within the maximum of 30 days, unless the legal provision is made for a shorter period. Both in relation to the date of the certified notification, stating to the applicant the amount that in his case and in respect of expenses must make to the business or union representation ..

They will proceed to convene the Joint Commission, interchangeably, any of the parts that integrate it.

The parties shall appoint one or two secretaries, who shall, inter alia, be responsible for receiving correspondence addressed to the Joint Committee, giving it the necessary procedure.

They are fixed as addresses for notification purposes:

-CCOO FSP Calle Arenal n. º 11, 28013 Madrid.

-FeS-UGT Avda. de America n. º 25, 7. ª, 28002 Madrid.

-ASEJA. Calle Guzmán el Bueno, 21, 4. º Dcha. 28015 Madrid.

-ASERPYMA: Paseo de la Castellana, 166, 28016 Madrid.

The parties agree that, in the event of disagreements, they will be subject to the conciliation procedure established in the Fifth Agreement on the Autonomous Solution of Labor Conflicts or Agreement to replace it, with the particularities of the established in this Convention, and subject in the same way to the procedures established in the areas lower than the state where the conflict arises in that particular area.

THIRD CHAPTER

Article 9. Hiring.

Staff, based on hiring mode, are classified into:

a) Fixed Staff.

It is that worker who is permanently required to carry out the work of the gardening activities, unless the nature of the activity or the contracted services is clearly deduced from the temporary duration of the same.

They will acquire the condition of fixed workers, whatever the modality of their hiring, that would not have been discharged in the Social Security within the maximum period of 10 days.

Temporary contracts concluded in law fraud shall also be presumed to have been concluded indefinitely.

b) Eventual Personal.

It is the staff temporarily hired by the companies to meet circumstantial requirements of the market, accumulation of tasks or excess orders, even in the case of the normal activity of the company.

The cause or circumstance that justifies it must be expressed in the contract with precision and clarity.

The maximum duration of the contract may not exceed twelve months within a period of eighteen months. If it is designed for a period of less than 12 months, it may be extended by agreement of the parties, without the total duration of the contract exceeding the maximum limit of 12 months.

c) Work or Service Determined.

It is the contract worker for the performance of a given work or service, which must have autonomy and its own substance within the activity of the company. The maximum duration of this contract will be 3 years.

If the worker exceeds a period of more than two years, the worker, at the end of the contract, shall be entitled to compensation which shall not be less than the amount of one month of actual salary for each year or fraction more than one semester.

d) Staff with Training and Learning Contract.

It is the employee/a contracted in accordance with the regulations of the Contract for training and learning.

e) Interim Staff.

It is the contract to replace staff members in their absences, holidays, temporary or invalidity leave, and other similar ones. If the worker has passed on to the service of the company, it will become part of the company's staff.

Interim staff contracts must necessarily be formalised in writing and the name of the replaced worker and the cause of the replacement must be entered. If the name of the replacement worker or the cause of the replacement is not true, the contract workers shall be understood to have all effects as fixed workers from the date of the contract.

f) Staff in Contract for Raised: This will be in accordance with the Staff Regulations and regulatory enforcement regulations.

g) Any other personnel whose recruitment is established by law.

Article 10. ° Functional Classification.

The staff will be framed in the light of the functions that you perform in the company in one of the following Professional Groups: Technical, Administrative, Manuals or various Trades.

Each Professional Group comprises the professional subgroups (hereinafter referred to as "subgroups"), which are specified for each group.

A) Technical Personal Professional Group:

1. Licensed Technical Subgroup: Has a higher professional title and performs appropriate and appropriate duties or works under the contract of work concluded on the basis of its title in a normal and regular manner and with full responsibility to the Address or Head of Company.

2. Qualified Technical Subgroup: Works to the orders of the staff of higher grade or of the Directorate and develops the functions and their own work according to the data and technical conditions required according to the nature of each job. In particular, it is attributed to it: to study all kinds of projects, to develop the work to be carried out, to prepare the data that can serve as bases for the price study and to obtain the necessary data for the organization of the work of the other sub-groups.

3. Technical Subgroup Entitled: Owns the degree awarded by the School of Vocational Training of the second degree, with its functions and responsibilities being its own.

4. Technical subgroup not entitled: It is the technician from one of the sub-groups of trade professionals, who having the confidence of the company, under the orders of the technical staff or the Directorate, has direct command on the staff entrusted.

Orders the job and directs such staff to be responsible for the correct job performance.

Take care of supplies of ancillary and complementary items for the work of the teams and brigades.

Provides your bosses with the needs forecasts and performance data.

You have knowledge to interpret blueprints, sketches, and graphs, and judge the execution and performance of the work done by the trade professionals.

5. Subgroup Outlining: It is the staff who develop architectural and landscape projects and graphics in the office at the company's orders.

B) Professional Personal Administrative Group.

1. Sub-group Administrative Chief: It is the person who assumes, under the direct dependence of the Directorate, Management or Administration, the command or responsibility in the sector of activities of a bureaucratic type, with the administrative personnel responsible.

This subgroup will be assimilated to the Computer Systems Analyst.

2. Official Administrative Subgroup: This employee, with initiative and responsibility, dominates all the works of this functional area of the company, with or without employees to their orders, dispatches the correspondence, takes care of the billing and calculation of the same, elaborates, computes and liquid payroll and social insurance, write accounting seats, etc.

3. Administrative Subgroup: performs statistical and accounting functions, file and file handling, correspondence, taquimecanography, computing, etc.

4. Administrative Auxiliary Sub-group: It performs administrative tasks that because of its simplicity and/or repetitive or routine characteristics, do not require the professional experience or training of an Administrative.

Performs auxiliary functions of contabilities and interveners of the same, performing elementary work of administration, file, file and typing. It caters to the phone and possesses computer skills at the user level.

5. Aspirational Sub-groups: These are understood, those who, within the age of 16 to 18 years, are employed in the work of the office, ready to start in the peculiar functions of the office.

6. Sub-group Administrative Apprentice: It is the person who works in his or her own office, starting up in his/her own functions, through a theoretical-practical training linked to a learning contract.

All administrative staff with perfect language/s/s/s/s/s/s/s who make use of the same/s at the disposal of the company in the usual way, will charge the so-called plus of languages regulated by the R.D. 2308/73 and by the Ministerial Order of 22-11-73, with the amount of EUR 50 per month.

C) Personal Professional Professional Group:

1. Subgroup in Charge or Master Gardener: It is the worker/trust of the company that possessing sufficient knowledge of the activity of gardening, as well as administrative and technical knowledge, is in front of the team of manual workers holding the command over them, organizes and distributes the works and controls their returns.

2. Official Subgroup Gardener: It is the worker who has the domain of the trade, executes tasks of the plantation and conservation of the garden, with initiative and responsibility, even the most delicate operations.

Must know the plants of garden and interior, interpret the plans and sketches of set and detail, and agree with them to repose the garden and its plant and auxiliary elements in plant and altimetric, and also the means to combat current pests and proportions to apply all kinds of insecticides, and drives vehicles with class B driving licences.

You are at the orders of the infielder or master gardener and you must mark the guidelines for the work of the lower subgroups.

Poder: It is the official gardener that during the pruning season, performs the work of pruning and cleaning all kinds of trees and palm trees with trepa or mechanical means and is responsible for the good use, cleaning and maintenance of the machines and tools you use for the performance of your work.

3. Subgroup Official Driver: These are those workers who, on a regular and permanent basis, drive vehicles of the company that require a driving licence type C, D or E, collaborating in the unloading as long as there are no personnel for it, responsible for the good conditioning of the load and unloading as well as for its control during transport.

You must have full knowledge of the handling of the vehicle's accessories (dump, crane, tractel, etc.). You will be responsible for the care, cleaning and preservation of the vehicle in your care.

This subgroup includes those who carry out their work through the management of heavy machinery, as they could be an orientation: excavators, loaders, backhoes, bulldozers and the like.

In periods that do not work in your specialty, you will need to collaborate in the various works of the company without this implying a decrease in the salary and other rights of your subgroup, since this subgroup is classified as a as multipurpose.

4. Subgroup Gardener: It is that worker who is dedicated to specific and determined functions that without properly mastering the trade, they demand practical and special skill, as well as attention in the works to be carried out. It shall have knowledge or practice, at least of the operations described below and not only of one of them:

• Machine-type, dug, and escarpment.

• Preparation of land and fertilizers.

• Boot, packaging, and transport of plants.

• Planting any species of plant element.

• Cut and clean branches and fruits.

• Poda, rinsing and trimming of shrubs.

• Preparation of insecticides and anti-drugs and their use.

• Protection and entutorage of trees, shrubs and climbing trees, etc.

• Use and drive tractors, machinery and vehicles with class B driving licence, as well as their accessories, being responsible for good use, cleaning and maintenance.

• Automated waterings.

5. Auxiliary Subgroup Gardener: It is that worker who performs work consisting in physical effort and does not require any preparation; they are the functions of this subgroup:

• Desfonde, caved, and rugged terrain by hand.

• Handling of land and fertilizers without making preparations.

• Transportation, loading and unloading of plant or any other genus.

• Riegos in general.

• Cleaning of gardens (green areas, pavements, bins, water installations, etc.).

• Siega of the lawn.

• Collection of plant elements (branches, leaves, lawn, etc.).

• Conduct different types of internal transport such as dumpers and analogues.

• Meet all manual instructions regarding their functions as they receive from their superiors or top-class workers.

6. Subgroup Pawn Gardener: It is that worker over the age of 18 years, with no experience in the sector.

Runs jobs for which no preparation is required, no technical or practical knowledge. Their mission is based on maximum collaboration on the orders of the worker/s or workers of the higher subgroup.

Permanence in this subgroup will not be able to exceed one year, passing automatically to the top subgroup. The reduction of this time is at the discretion of the company.

7. Apprentice Sub-group: It is the contracted to acquire the theoretical-practical training required for the proper performance of the Järmoney subgroup.

8. Vigilant Sub-Group: You are responsible for the daytime or night monitoring of any company or work dependency you perform.

9. Subgroup Cleaner: All staff who perform the cleaning of offices and services of this activity will receive the salary in proportion to the hours of dedication.

D) Professional Professional Group of Trades:

These are those workers who carry out complementary gardening work such as: ensolates and artistic pavements, placement of kerbs and staircases of natural and artificial stone in the dry or concrete; formation of ponds, walls or metal or wooden supports, pillars for the formation of pergolas and umbrellas, etc.; closures with wooden stakes, doors, carpentry in the formation of "gardener's booths", empanized and formation of pergolas, etc.; painting verges, electrical installations, lighting of the " house of "gardener", dog house, pajarera, etc.; irrigation facilities with buried pipes for connecting irrigation hoses or free or spray-free pipes; installation of water pipes for the entry or exit of ponds or long dispensers, water installations in general, platforms, anchorages of greenhouses, commissioning of boilers and burners, heating control, repair of greenhouses, assembly of irrigation system, mechanical and welding works, etc.; Officer Gardener, Gardener and Gardening Auxiliary according to their qualification.

Item 11. Trial Period.

A probationary period may be arranged in writing, which may in no case exceed six months for the Qualified Technicians, or for one calendar month for other workers. In undertakings of less than 25 workers, the probationary period may not exceed three months for workers who are not qualified technicians.

The entrepreneur and the worker are respectively required to perform the experiences that constitute the object of the test.

The pact that establishes a test period will be null when the worker has already performed the same functions previously in the company under any hiring mode.

During the probationary period, the worker shall have the rights and obligations corresponding to his/her subgroup and to the job he/she performs, as if he were a template, except for those arising from the resolution of the relationship which may be produced at the request of either party during its course.

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

The situation of Temporary Incapacity that affects the worker during the trial period, interrupts the computation of the worker, provided that agreement is reached between the two parties.

Article 12. º Ascensuses and promotions.

All staff shall have, on an equal basis, a right of preference to fill existing vacancies in the sub-groups higher than those which they held at the time of their occurrence.

Enumeration and merit preference for promotions will be determined below.

When aptitude tests are required, they will preferably be of a practical nature, without requiring memory effort, mainly referring to the functions or jobs of the places to be provided, taking into account the which is then available:

Technical Group: The promotions of all staff in this group will be done by aptitude tests preferably among the company's staff.

Administrative Staff Group: Administrative chiefs will be considered as trusted and therefore free to appoint positions.

Promotions on administrative staff will not be for length of stay but for training, provided there are vacancies.

Group of Professional and Manual Trade Professionals: The Charters and Master Gardeners are considered to be trusted and therefore free to be appointed by the companies.

Vacancies occurring in the remaining sub-groups shall be covered by aptitude tests, being considered as a preferential merit on a level playing field, seniority.

Article 13. Top jobs and lower professional subgroup.

Gardening staff may perform sub-group work immediately above those that are classified, not as usual occupation, but in cases of long-term and short-lived need, not exceeding 90 days per year, alternate or consecutive.

For the duration of this benefit, the persons concerned shall charge the remuneration allocated to the sub-group of the sub-group, and the undertaking shall, if it is extended for a longer period, cover the place of regulatory rules on promotions.

Also, if, for the convenience of the company, a producer is destined for work in a sub-group which is less than the one assigned to it, without prejudice to his or her professional training, or to carry out tasks which he or she assumes (a) the worker/a worker shall retain the remuneration corresponding to his/her sub-group.

If the change of destination referred to in the preceding paragraph, has its origin in the worker's request, the remuneration corresponding to the work actually provided shall be assigned to it.

Article 14. º Stop warning.

The personnel who wish to voluntarily cease in the company shall be required to provide a minimum period of notice of seven calendar days.

Failure to comply with the notice period will result in a deduction in your settlement of finiquito for days that has been discontinued.

The cessation notification will be made in writing, which the worker will sign in duplicate by returning a copy of the notice.

Article 15. º Excence.

Workers with a year of seniority may apply for voluntary leave for more than four months and less than five years. The lower periods may be extended to five years in total.

Workers who have enjoyed a voluntary leave of absence and want to benefit from another will have to leave at least one year from the end of the first leave for the Company to grant it.

Requests for excess and its carryovers will be resolved by the Company within a maximum of 15 days.

If the worker does not apply for re-entry with a 30-day notice, he or she will lose the right of a post in the Company, being admitted immediately in the event of fulfilling such a requirement in the same subgroup and since he had when request.

Workers who apply for leave of absence as a result of being appointed for the exercise of public and trade union positions, will not need a year's seniority to apply for it, obligatorily granting them cases, being admitted immediately upon his or her term of office. In this case and during the time of leave it shall be computed for the purposes of seniority.

If the worker on leave is not reinstated, the substitute will become part of the template as fixed by respecting the age.

CHAPTER FOURTH.

Article 16. Workday.

The maximum annual day shall be 1,700 hours per year for each of the years of validity of this Convention.

They are considered as non-working days on December 24 and December 31.

Effective working time will be computed in such a way that, both at the beginning and at the end of the day, the worker is in his or her job and dedicated to it.

In parks and large tracts of land where the beginning of work in the workplace involves a long time of travel from the booth or the locker room to the job, the day will start be taken into account when the worker, duly equipped with clothes and work supplies, leaves the booth or the dressing room to go to the place where he/she is to perform his/her work.

The workers will enjoy within their journey, from a rest of 15 minutes per full day worked, that will be considered as time effectively worked.

The daily maximum day will not be able to exceed eight hours of effective work, although the irregular distribution of the day can be agreed during the course of the year, not being able to exceed in any case the nine hours of work cash.

Companies, according to the workers ' representatives, will develop the work schedule, and must be displayed in a visible place in all workplaces.

Between the end of one day and the beginning of the next, you will measure at least twelve hours.

Companies that come by performing an annual number of hours of effective work less than that set out in this article will maintain it as a more beneficial condition.

Article 17. Extraordinary Hours.

The provision of overtime work will be voluntary.

They will have the consideration of overtime each hour of work performed on the maximum duration of the ordinary working day, set according to the previous article. Overtime shall be paid at the price specified in the following table:

Year	L. to S.	Dom. -Fest.
2013	16.30 €	24,45 €
2014	16.56 €	24.84 €

Extraordinary hours can be compensated with breaks, for each extra hour held from Monday to Saturday with two hours of normal day and for each extra hour held on Sundays and holidays for three hours.

In the absence of a pact, it is understood that overtime must be compensated by the worker's rest.

The number of overtime may not be greater than 80 per year.

For workers who, by the modality or duration of their contract, perform a day on a yearly basis lower than the general day in the company, the maximum number of overtime hours will be reduced in the same period. the proportion that exists between such days.

Not to be taken into account, for the purposes of the maximum duration of the ordinary working day, nor for the calculation of the maximum number of the authorised overtime, the excess of those worked to prevent or repair claims or other urgent extraordinary damages, without prejudice to their payment as if it were ordinary hours.

Overtime will be recorded day by day and will be totaled weekly, delivering copy of the weekly summary to the worker/a on the appropriate part.

In order for workers ' legal representatives to be able to control the extraordinary hours that the companies will perform, they will do monthly copy-summary of the work done.

Article 18. Vacation.

The period will be a paid calendar month.

It is set as a period of enjoyment between July 1 and September 30.

If, for the purposes of the company, it is necessary for any worker to enjoy them outside the period mentioned above, the worker will be entitled to thirty-four calendar days of holiday, this increase will be reduced proportionally if the worker is one day in the period from July to September. This measure shall be of an exceptional nature, using voluntary personnel for that purpose.

The salary to be paid during the holiday enjoyment period will be calculated by finding the average of the salary and seniority amounts or concepts, excluding the extranalarial, and the overtime paid by the during the six calendar months immediately prior to the date of the start of the holiday period.

If, at the time of the start of the holiday period, the worker is in a situation of I.T., he/she will be entitled to the enjoyment of the same, in accordance with the legislation in force. The new enjoyment period will be assigned by the company according to the worker.

Staff who do not carry a full year of services will enjoy the days that correspond to the time of work.

The holiday period may not be compensated in any case economically.

Article 19. º Licenses.

Workers will be entitled to the following special paid leave, paying them as effectively worked:

a) By marriage 16 calendar days.

b) By severe surgical intervention, hospitalization, serious illness or accident or death of relatives up to second degree of consanguinity or affinity 4 calendar days if in the province where the worker resides and 5 natural days if it is outside of it.

c) By death of third-degree relatives of consanguinity or affinity 1 natural day.

d) By birth or child adoption, 4 calendar days of which at least two of them will be business.

e) The time required for the examinations to be attended by the worker for vocational training, compulsory secondary education, baccalaureate and university education and examination of the driving licence.

f) Two days per home move.

g) For the time indispensable for the fulfillment of an inexcusable duty of public and personal character. Where it is established in a legal or conventional rule 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 twenty percent of the working hours in a period of three months, the company may pass to the affected worker (a) to the situation of leave of absence governed by Article 46 (1) of the Treaty. In the event that the worker, by virtue of the duty or performance of the job, receives compensation, the amount of the salary to which he or she is paid shall be deducted right in the company.

h) To perform union or staff representation functions on the terms established legally or conventionally.

(i) Breastfeeding workers of a child under nine months of age shall be entitled to one hour of absence from work which they may divide into two fractions. By their will, they will be able to replace this right with a normal reduction in half an hour for the same purpose, with the particularities provided for in Article 37.4 of the Workers ' Statute.

j) Who, for reasons of legal guardian, has at least eight years of direct care or a person with a physical, mental or sensory disability, who does not carry out a paid activity, shall be entitled to a reduction of the working time, with a proportional reduction in the salary between at least one eighth and a maximum of half the duration of the work, with the particularities provided for in Article 37.5 of the Staff Regulations.

k) A natural day, two days if it is outside the province, by marriage of parents, children, grandchildren and siblings, of one or other spouse with the maximum annual limit of three weddings per calendar year or proportionally if it is less than the time duration of the work contract.

l) For the time required to assist the physician with further justification.

m) The following annual business days are set:

The days of your own affairs will be six, being the worker who chooses the date of your enjoyment. Those workers who are enjoying a different number of days of their own affairs, as a result of pacts at lower level than the State, will continue to enjoy the days they have agreed, which in no case can be less than three.

In any case the days of own affairs will have the consideration of effective working day for the purposes of determining the fulfillment of the annual ordinary day.

It is understood that these days of own affairs are not cumulative to other days by matters of their own.

In any case, the most beneficial conditions for the worker who would have been agreed regarding their own affairs will be respected in any case. The worker must notify his/her enjoyment as soon as possible, and in any case with at least 48 hours of enjoyment, except in case of force majeure.

Workers on a contract less than one year will enjoy these days in proportion to the duration of their contract.

n) You will have the same consideration as the spouse of the person living in a stable manner with the worker, and have communicated it to the company in advance of six months and in writing.

CHAPTER QUINTO.

Article 20. º Disciplinary Regime.

Workers may be penalized by the management of companies under labor defaults, in accordance with the graduation of faults and penalties that are set forth in the following articles.

The enumeration of the different types of faults is merely enunciative and does not imply that there can be no others, which will be qualified according to the analogy they keep with those.

Article 21. º Graduation of faults.

The faults committed by the workers in the service of the companies will be classified according to their importance and concurrent circumstances in mild, serious and very serious.

Article 22. ° Mild Fhighs.

The following are considered minor faults:

1. Up to three punctuality faults in a month, or missing work one DAY a month, without justification.

2. Do not communicate, with prior character, the absence to work and not justify within the following 24 hours the reason why the reason, unless it is impossible to do so.

3. The abandonment of the job, without cause or justification, even for a short time, provided that such abandonment was not detrimental to the development of the productive activity of the company or cause of damages or accidents to its companions work, in which it may be considered as serious or very serious.

4. Negligence in the development of the work entrusted and in the preservation of the material, as long as it does not cause injury to the company or to his colleagues, in which case it may be considered as serious or very serious.

5. Do not communicate to the company any variation of its situation that has an impact on the work, such as the change of its habitual residence.

6. Lack of grooming or personal cleansing. When this causes complaints or complaints from your colleagues it may be considered to be serious or very serious.

7. The lack of respect or discussion,/with his companions, and even, as long as this occurs on the occasion or occasion of the work. If such discussions lead to serious scandals or riots, they may be considered as serious or very serious misconduct.

8. Find yourself at the workplace, without authorization, outside of the working day.

9. Failure to comply with the rules on the prevention of occupational risks, which do not pose a serious risk to the worker, or to his or her colleagues or third parties.

10. Use telephone, telematic, computer, mechanical or electronic means of the company, for particular matters, without proper authorization.

Article 23. º severe high.

The following are serious faults:

1. More than three punctuality faults in a month, without justified cause.

2. Missing two days to work for a month, without cause to justify it.

3. Serious negligence or recklessness both in the development of the activity entrusted to it or in the preservation or cleaning of materials and machines which the worker is responsible for.

4. Failure to comply with the orders or failure to comply with the rules on the prevention of occupational risks, where they pose a serious risk to the worker, his or her colleagues or third parties, and to refuse the use of the means of safety provided by the company.

5. The disobedience to the superiors in any matter of work, provided that the order does not imply a vexatious condition for the worker or risk for the life or health, both of him and other workers.

6. Any alteration or falsification of personal, occupational or health data relating to the worker himself or his colleagues.

7. Perform, without the appropriate permission, particular jobs in the job center, as well as use for own uses of the company tools, both inside and outside the work premises, unless the appropriate authorization is available.

8. Provide reserved data from the job center or company, or from individuals, without proper authorization for it.

9. The concealment of any event or fault that the worker has witnessed and which could cause serious harm of any kind to the company, to his or her co-workers or to third parties; including any anomaly, fault or accident which Notice on the premises, machinery or premises.

10. Introduce or facilitate access to the workplace to unauthorised persons.

11. Recidivism in any slight lack, within the same quarter, when there has been a written sanction of the company.

12. Consumption of alcoholic beverages or any stupefying substance that has a negative impact on the work.

Article 24. º Very severe high.

The following are considered to be very serious:

1. More than ten non-justified punctuality, committed over the three-month period or twenty, for six months.

2. Missing work more than two days a month, without cause or reason to justify it.

3. Fraud, disloyalty or abuse of trust in the work, management or activity entrusted to you; theft and theft, both to your colleagues and to the company or to any person found in or outside the workplace during the course of the development of your work activity.

4. To remove, disable, destroy or cause damage to any material, tools, machines, installations, buildings, appliances, appliances, documents, books or vehicles of the company or the workplace.

5. Ill-treatment of words or deeds or serious misconduct of respect and consideration to superiors, companions or subordinates.

6. Non-compliance with or non-compliance with the rules on the prevention of occupational risks, where they are causing serious accidents at work, serious harm to their colleagues or third parties, or serious damage to the company.

7. The voluntary and repeated or continued decrease in the normal performance of the work.

8. Continued or persistent disobedience.

9. Acts developed at or outside the work centre, on the occasion or occasion of the work entrusted to it, which may constitute a crime.

10. Malicious issuance, or for inexcusable negligence, of news or false information concerning the company or workplace.

11. The abandonment of the post without justification, especially in posts of command or responsibility, or where this causes obvious injury to the company or may become a cause of accident for the worker or his or her colleagues or third parties.

12. The imprudence or negligence in the performance of the job entrusted, or when the way to perform it involves risk of accident or serious danger of damage to the facilities or machinery of the company.

13. The reoffending in serious misconduct, even if it is of a different nature, within the same semester, which has been the subject of a written penalty.

Article 25. " Prescription of infractions and faults.

Minor faults will be prescribed at 10 days; the serious ones within 20 days, and the very serious ones at 60 days, from the date the company became aware of its commission, and, in any case, six months after the event.

Article 26. Penalties. Application.

The penalties that companies may impose, depending on the severity and circumstances of the misconduct, will be as follows:

1. For minor fouls:

Admonishment in writing.

Suspension of employment and salary of 1 or 2 days.

2. For serious faults:

Suspension of employment and salary from 3 to 10 days.

3. For very serious faults:

Suspension of employment and salary from 11 to 60 days.

Firing.

Prior to the imposition of penalties for serious or very serious misconduct for workers who have the status of legal representatives of workers or trade unions, they will be instructed to have a contradictory file of the undertaking, in which it shall be heard, in addition to the person concerned, other members of the representation to which it belongs, if any. In any event, the company must transfer to the Committee or Delegates of Personnel within two days of a copy of the notification or notice of sanction communicated to the worker/worker.

CHAPTER SIXTH.

Article 27. th Monthly Base Salary.

The monthly base salary for each of the years of the convention is attached as Tables Anexas.

All workers shall receive the payment of the assets for each month, before the last working day of the month.

Companies shall be obliged, at the request of the worker, to grant an advance for the amount of the monthly basic salary accrued.

Article 28. Plus transport.

The amounts that are collected in the following table will be paid in terms of transport and travel time. This amount will be collected monthly except on holiday.

	105.21 €
2014	106.89 €

Article 29. Plus conservation and maintenance.

In terms of conservation plus and costume maintenance the amounts that are collected in the following table will be paid. This amount will be collected monthly.

	31.56 €
2014	32.07 €

Article 30. º Plus of Nocturnity.

The hours worked during the period from ten to six in the morning, unless the salary has been established on the basis that the work is night by its nature, shall be paid specifies, called plus of nocturnity, increased by 25% on the monthly base salary.

Article 31. º Plus "age".

A monthly plus shall be payable for the time of service provided from the two, six, ten, fourteen, eighteen, twenty, twenty-two, twenty-four, twenty-six and twenty-eight years, the amounts of which are set out in the Anexas Tables are attached.

This Plus will begin to become payable from the day the worker is satisfied, making cash on the payroll of the next month in which it occurs.

Article 32. º Plus of toxic, painful or dangerous jobs.

A plus is set for toxic, painful, or hazardous jobs, even if two or more assumptions are present, in the amounts that are collected in the following tables:

Full day.

	12.36 €
2014	€ 12.56

Time or fraction greater than thirty minutes.

	1.65 €
2014	1.67 €

Fraction less than thirty minutes.

	0.83 €
2014	0.85 €

This plus will be earned, for jobs that are performed in medium, roundabouts, and road borders, in streets, highways, highways, highways, and highways open to public use and road traffic.

This plus will also be payable for the use of plant protection products, herbicides, insecticides, pesticides and fungicides.

The pruning, reusing, trimming, cleaning, tertiary, rinsing, pinting and forming of plants, trees and shrubs, in which the worker's feet are at a height of more than one meter, will be considered dangerous activity for the purpose of this plus, excluding the transport, loading and unloading of vehicles.

Article 33. Special pages.

Two extraordinary pages are established to be paid in the first 20 days of the months of June and December of each year for the amount of monthly base salary plus seniority, with a period of half-yearly accrual. In addition, a special payment is established called "green pay" for the amount of the monthly base salary plus seniority, the period of which shall be due to natural year, paid in advance along with the payroll of the month of October of the year in which the payment is made. produces its accrual.

Staff who cease or enter the company during the course of the year will pay the bonuses, prorating their amount in reason of the service time, computing the full week or month.

This same rule will apply to casual, interim, and contracted workers for a given time.

By common agreement with workers, companies will be able to prorate and pay the amount of overtime pay.

Article 34. º Displacements and Diets.

(a) Displacements: The travel of the travel services within the city centre, where the work centre is located, as well as those made outside the city centre, within a radius, is paid for by the Transport Plus. 5 km from the limit of the urban area. For other displacements, the time spent shall be paid at the normal time. Transport costs shall be borne by the undertaking, either by means of its own resources or by indicating the most suitable means of transport.

(b) Diets: The amount of the average diets and diets will be the amount collected in the following tables.

The average diet will be paid for displacements produced from a radius of 25 km from the limit of the urban area where the work centre is located, the limit of the normal rate of taxis being understood as such. The whole diet will be paid when the previous circumstance is produced, it is necessary for the worker to stay away from his home for indications of the company.

	Diet Media
2013	10.21 €	51.06 €
	2014	10,38 €	51.87 €

CHAPTER SEVENTH.

Article 35. º Right of Meeting and Information.

It will be in the form of these matters in the E.T. and the Organic Law on Freedom of Association and other complementary rules contained in the current labor law.

Article 36. Union Hours and Time Credit Accumulation.

Members of the Staff Committee and Delegates shall have the following trade union hours for the exercise of representative functions according to the following scale:

Up to 49 workers: 20 hours.

50 to 100 workers: 25 hours.

From 101 to 250 workers: 30 hours.

From 251 to 500 workers: 40 hours.

From 501 onwards: 45 hours.

Trade union hours may be accumulated in one or more committee members and a bag of hours created.

CHAPTER EIGHTH.

Article 37. Social Benefits.

The company will pay the workers awards in value and for the following circumstances:

By marriage of the worker: EUR 140.00.

By birth birth of each child: EUR 140.00.

Article 38. º Graintification per permanency.

Based on Article 26.1 of the Workers ' Statute, a salary bonus is established for workers with a minimum age of one year, who has agreed with the company decide to voluntarily terminate their employment relationship, once they have been 60 years of age and before they are 60 and five.

This gratification, which will remain unchanged for the duration of the convention, will be paid only once according to the following table:

60 years	3,300,00 €
61 years	3.000.00 €
62 years	2.650.00 €
63 years	2,300,00 €
64 years	2,000.00 €

Gratification for 64 years will also be paid to the worker who, having conditions to be able to access the total early retirement, will reduce his/her day between 25% and 75%, regardless of the age at which the company actually leaves. The receipt at that time of the said incentive implies the express waiver of the recovery of the total gratification supplement provided for in the preceding paragraph, whatever the moment the voluntary extinction of their relationship occurs. work.

The Joint Commission is expressly empowered to bring this text into line with the laws or regulations affecting this matter, at the time it considers relevant, and even to amend this improvement to replace it with another that the commission considers appropriate, in this case needing the agreement by a majority of its members.

Article 39. Retirement.

The legislation in force will be in place at any time regardless of what is established in the Transitional Provisions.

Article 40. º partial early retirement.

The provisions of the current legislation will be in place, regardless of what is agreed in the Transitional Provisions.

CHAPTER NINTH.

Article 41. º Team of work.

Companies will provide workers with two complete workwear teams per year, and always in agreement with the Committee or Delegates and in case they lack them, with workers, and will be composed of:

Summer Season:

1 short sleeve shirt.

1 pants.

1 appropriate footwear and contemplating LPRL.

1 backgammon.

Winter Season:

1 long sleeve shirt.

1 winter pants.

1 polar lining.

1 coat garment.

1 appropriate footwear and contemplating LPRL.

Winter clothing will be delivered in the first fifteen days of the month of October each year, and that of summer in the first fifteen days of the month of May each year. The income of the worker shall be provided to the appropriate team and, more appropriate, from the first day to be counted from the start of the service, whatever the type of contract.

The worker will be obliged to return the work items to the end of the work allowance.

CHAPTER DECIMAL.

Article 42. Health, Safety and Prevention of Occupational Risks.

Workers in the provision of service have the right to effective protection in the field of Safety and Health.

Companies are obliged to assess the risks and take all necessary measures to prevent them and where this is not possible, to provide all effective means of protection, such as: signs, fences, reflective garments, security clothing and footwear, etc.

It will be coupled to older people or with sensitive health, to perform the minor physical effort within their subgroup.

From communication to the company by the worker of her pregnancy situation, she will have the right to occupy a position of lesser effort or to adapt her usual job to the least effort demanded by her. situation, to the date you mark the Law for reinstatement to your normal post before the work contract is suspended.

They shall be on behalf of the company, the examinations or medical checks established in accordance with the current regulations on health at work and for the places of work for which it is required in accordance with the provisions of the rules. The result of such recognition will be delivered to the worker.

The employer must also assess, in accordance with the provisions of Articles 34 and 36 of the Law on the Prevention of Occupational Risks, together with workers ' representatives, the risk-free jobs and those in which exposure to the risk of workers in pregnancy, recent birth or breast-feeding should be limited in order to adapt the working conditions of those workers. Such measures shall include, where necessary, the non-performance of night work or shift work. It shall be ensured, wherever possible, that the pregnant worker has received her statutory leave on the date of her request.

As not provided for in the above paragraphs, the provisions of the Law on the Prevention of Labor Risks, as well as the rules of development and concordants, will apply.

Companies are required to provide staff, before they begin to perform any job, information about the risks and dangers that may affect them, and about the way, methods and processes involved. (

) to prevent or prevent them from being prevented or to be prevented from being prevented or prevented from being prevented or prevented from being prevented or prevented from being prevented;

A sectoral commission on occupational safety and health will be set up, which will be in charge of health and safety monitoring and surveillance.

CHAPTER ELEVENTH.

Article 43 subrogation clause.

1. Subrogation of staff.

In order to contribute to and guarantee the principle of stability in employment, the absorption of staff among those who succeed, by means of any of the procedures for the procurement of public services, contracts for leases of services, or otherwise, in a particular activity of the regulated in the functional scope of the Article of this Convention, shall be carried out in the terms set out in this Article.

The term contracts are hereinafter referred to as the set of organized means (mainly labour) in order to carry out an economic activity of those defined within the functional scope of the Convention, is essential or ancillary, which maintains its identity independently of the successful tenderer of the service.

In this sense, it encompasses with generic character any form of hiring, both public and private, except when the end user is private and destined to his private and residential use, and identifies a concrete the activity that happens to be performed by a certain company, society, public administration or public body fundamentally, being applicable the subrogation even in the case of reversion of contracts to any of the Administrations Public.

A) In all cases of termination, loss, termination or redemption of a contract, as well as any other figure or modality that involves the replacement of entities, natural or legal persons carrying the activity in question, the workers of the outgoing undertaking shall be assigned to the new undertaking or public entity which is to carry out the service, respecting the economic, social, trade union and economic rights and obligations personal that you enjoy in the replaced company.

When a subrogation occurs, the personnel subject to it must maintain the economic and social conditions of this agreement, if this is the one that is applicable to the company in the company at the time of the subrogation, although the transferee or incoming company would come under the terms of a statutory business agreement with its workers. The application of the conditions of this Convention shall be maintained until its expiry or until the entry into force of another new collective agreement which is applicable to the transferee undertaking.

Staff subrogation will occur whenever any of the following assumptions are made:

1. Workers who are active in the contract with a minimum age of four months prior to the actual completion of the service, regardless of the modality of their employment contract, irrespective of the fact that, prior to the said four-month period, they would have worked in another contract.

2. Workers who at the time of the substitution are ill, injured, on leave, temporary invalidity, leave, leave, maternity leave, provided they have provided service to the contract to which the subrogation at least the last four months before any of the above situations occur.

3. Workers with contracts of interinity replacing some of the workers referred to in the second paragraph, irrespective of their seniority and the duration of their contract.

4. New income workers who have been incorporated into the contract as a result of an extension, in the four months prior to the completion of the contract.

B) All the above mentioned assumptions must be credited and documented by the outgoing company or public entity to the incoming and the representation of the workers with the documentation that is (a) further and within 10 working days from the time the incoming or outgoing undertaking has communicated to the other undertaking the change in the award of the service.

C) In case of subrogation, workers will have to enjoy their statutory holidays established in the period fixed in the holiday calendar, regardless of the company in which they are at that time providing services.

Workers who would not have enjoyed their statutory holidays when the subrogation takes place, will enjoy them with the new service award, which will only pay the proportional part of the period corresponds, since the payment of the other period corresponds to the previous successful tenderer to be paid in the corresponding liquidation.

The workers who, on the occasion of the subrogation, would have enjoyed with the outgoing company a period of holiday superior to the one that would correspond to him for the part of the year worked on the same, will be deducted from the liquidation of the excess enjoyed in accordance with the appropriate proportionality. The incoming company will have to allow the enjoyment of the holiday period that each worker will have to enjoy, and in any case must pay the worker/to what it would correspond to him proportionally to receive for the time in which provide services for the same, without being able to replace such a subscription with a larger holiday enjoyment.

D) The application of this article shall be binding upon the parties to which it is bound: a company or a public entity, whether it is a ceasing or an entrant, and a worker.

The binding nature of this article does not disappear in the event of temporary closure of a work station that will force the service to be suspended for a period of not more than one year. In such a case, such a circumstance shall give rise to the promotion of a file of employment regulation authorising the suspension of the employment contracts of the employees who are affected. At the end of the period of suspension, if granted, such workers shall have the place of work in the centre in question, even if the service is awarded to another undertaking on that date.

In case a client terminated the contract of award of the service of gardening with a company, with the idea of performing it with its own staff, and subsequently contract with another again the service, before after 12 months, the new concessionaire shall incorporate the staff concerned of the previous gardening undertaking into its workforce, provided that the requirements laid down in this Article are met.

In the event that the client's purpose, when terminating the contract for the award of the service, is that of carrying out the contract with his own staff but of new hiring, he will be obliged to incorporate his staff to the workers affected by the gardening company up to the time of the service.

2. Division of contracts.

In the event that one or more contracts whose activity is carried out by one or more companies or public entities are fragmented or divided into different parts, zones or services to the object of later The award of the contract will become attached to the new holder, those workers who have carried out their work in the outgoing company in the specific parts, zones or services resulting from the division produced, with a minimum period of four years. Last months, whatever his or her form of contract of employment, and all this even before have worked in other areas, contracts or services.

The workers who are in the cases 2 to 4, inclusive, in paragraph 1 of this article, and who have completed their work in the resulting zones, divisions or services shall be subsuted.

3. Contract groupings.

In the event that different contracts, services, zones or divisions of those are grouped into one or more, the subrogation of the personnel will operate with respect to all those workers who, regardless of their work in the which are grouped together with a minimum of four previous months and all of this even if they have previously provided services in different contracts, areas, divisions or grouped services.

The workers who are in the cases 2 to 4, inclusive, of paragraph 1 of this Article and who have completed their work on the contracts, zones, divisions or grouped services shall also be subsuted.

4. Enforcement.

The subrogation of personnel as well as the documents to be provided will operate in all cases of replacement of contracts, parts, zones or services resulting from the fragmentation or division of the same, as well as in the (a) to the extent to which they may be effected, even if the normal replacements between undertakings or public entities carrying out the activities of the services concerned are normal, even if the legal relationship is establish only between the one who awards the service on the one hand and the company that would be awarded by (a) the other, being of compulsory application, in any event the subrogation of the staff in the indicated terms and regardless of the application, if any, of the provisions of Article 44 of the Staff Regulations, the existence of the outgoing employer of other non-member contracts to which it is the subject of succession.

5. Documents to be provided.

The outgoing company must provide the incoming company and workers ' representatives with the following documents:

a) Certificate of the competent body to be in the Social Security payment stream.

b) Photocopy of the last four salary receipts of the affected workers.

c) Photocopy of TC-1 and TC-2 from social security contributions of the last four months.

d) Staff relationship specifying: name and surname, number of social security affiliation, seniority, professional category, day, time, method of hiring and period of enjoyment of the holidays. If the worker is a legal representative of the workers, the term of office of the worker shall be specified.

e) Photoscopy of the contracts of the workers affected by the subrogation.

(f) A copy of documents duly completed by each worker concerned, stating that the worker has received from the outgoing company its liquidation of proportional parts, with no amount outstanding. This document must be in the possession of the new adjudicatorate at the date of commencement of the service of the new holder.

6. Settlement and pro-rata.

The settlement of the proportional parts of the overtime, vacation, etc. that correspond to the workers will be performed by the outgoing company.

7. Documents to be delivered to workers ' representatives.

The companies will give every six months to the legal representatives of the workers, relationship of the people who make up the various services, zones or departments of the company, always indicating the antiquity, type of contract and its due date, and the corresponding category.

CHAPTER TWELFTH.

Article 44. º Complements in case of temporary incapacity (I.T.).

In cases of I.T. by accident at work, occupational disease or hospitalization, companies will pay a supplement that guarantees 100% of all economic concepts from the beginning of the I.T. and for the duration

the I.T.

In cases of I.T. for common sickness and non-work accidents, companies will pay a supplement that guarantees 75% of all the salary concepts mentioned above during the first 8 days and if it exceeds the eighth day, 100% will be paid back to the first day.

In the economic concepts referred to in this article, the Transport Plus is excluded.

I.T. situations will not cause any loss in the amount to be perceived in extraordinary or special pages.

CHAPTER THIRTEENTH.

Article 45. Invalidity and death penalty.

If, as a result of an accident at work, a situation of invalidity is derived in degree of total or absolute permanent incapacity, for all work classes, as well as death by accident at work, the Company shall pay the employee or beneficiaries, on a flat-rate basis only once and from the date of signature of this agreement and during the period of validity of this agreement, the amount of EUR 18,030.36 (eighteen thousand thirty euro with thirty-six cents).

Companies will take out the corresponding policy with an insurance company within the terms and conditions laid down in the current regulations.

Article 46. º Training continues.

Both sides commit to the Joint Joint Commission on Continuing Training to develop the National Agreement on Continuing Vocational Training in the Gardening Sector.

Item 47. No Application Clause.

In reference to Article 82.3 of the E.T., and where the economic stability of the company may be impaired by the application of the Convention, the undertakings concerned may not apply the wage scheme and the other liable to be applied legally, to this Convention under the conditions set out below.

In cases where workers ' legal representation exists, the non-application will be agreed between the company and the company. In the event of an agreement, the same shall contain exactly the remuneration to be paid by the employees of that undertaking, the period of implementation, which may never exceed the duration of the agreement, as well as a programming of the progressive convergence towards the recovery of the wage conditions set out in this collective agreement.

In case of disagreement during the consultation period, either party will submit the discrepancy to the joint committee of the convention, which will have a maximum of seven days to decide, to be counted since the the discrepancy was raised, after payment of the expenses established by the Joint Commission.

Where the intervention of the Joint Committee has not been requested or the Joint Committee has not reached an agreement, the parties shall have recourse to the procedures laid down in the inter-branch agreements (a) State or regional authority, as provided for in Article 83 of the ET, to effectively address the discrepancies arising in the negotiation of the agreements referred to in this paragraph, including the prior undertaking to submit the discrepancies to a binding arbitration, in which case the arbitral award shall have the same effectiveness as the agreements in period of queries.

Reached the agreement, the same shall be communicated to the Joint Commission of the Convention.

The application will cause temporary suspension effects of the wage application, without this meaning, if your request is rejected, do not have to pay the corresponding arrears.

Article 48. º Equal conditions.

All discrimination is prohibited, because of sex or age of workers in terms of wages, when they develop work of equal value and/or category, as well as in matters of promotion, promotions, working hours, etc.

First transient disposition.

In order to partially reduce the reduction of the increase planned for the year 2013, of the 3.25% agreed in the previous convention to which it is reflected in the tables, it is guaranteed during the year 2013 that for those workers that (a) to terminate their employment relationship for reasons not attributable to the worker, they shall be entitled to receive an economic compensation, which for all intents and purposes shall be regarded as wages in such concepts, consisting of: amount equivalent to the difference between the remuneration generated since 1 January 2013 under the terms of the this agreement and the one that would have been generated by the implementation of the 2010-2013 State Gardening Collective Agreement, which are being reproduced here, for the year 2013. This compensation shall, in its salary aspects, be part of the amount to be used to calculate the regulatory salary for compensation purposes.

Second transient disposition.

Dealing with a pact in which the fundamental objective is the viability of the companies together with the maintenance of the jobs, as well as the maintenance of the framework of the collective state agreement as an element In order to preserve the conditions of the sector, it is essential to preserve the conditions of the sector, and it is clear that the parties are willing to agree to the establishment of a condition that leaves no effect on the agreement for any of the parties. of the undertakings concerned by the same undertaking to use any means for the non-application of the the conditions of the collective agreement (company agreement, modification of working conditions, procedure for the non-application of working conditions), which may be carried out in compliance with the requirements laid down in the legislation in force, but coming in such a case forced to comply and with retroactive effect of January 1, 2013 with the terms initially agreed upon in the State Collective Agreement of Gardening 2.010-2013 that here are given by reproduced without it being of application This agreement is an exceptional one, as it is linked to maintenance within the compliance with this agreement.

Transient Disposition third.

According to the provisions of Article 8 of the Royal Decree-Law of March 15, of measures to promote the continuity of the working life of older workers and to promote active ageing, in relation to the Final provision Fifth of the same legal text for the purposes of the application of the retirement pension regulation in force before 1 January 2013, in the cases referred to in paragraph 2.b) of the 12th Final Disposal of Law 27/2011, of 1 August, the workers concerned, the unit and trade union representatives or the undertakings Until April 15, 2013, they had to communicate and make available to the Provincial Directorates of the National Social Security Institute a copy of the partial retirement plans, which are included in collective agreements of any kind. or collective agreements of undertakings, signed before 1 April 2013, irrespective of whether the access to partial retirement would have occurred before or after 1 April 2013.

In Article 40 of the State Gardening Collective Agreement for the years 2010-2013, a regulatory framework for early partial retirement (Partial Retirement Plan) was established; therefore, workers subject to the The scope of this Collective Convention is affected by the provisions laid down in the relevant regulations. Therefore, the aforementioned Collective Agreement has been the subject of the registration required by the National Institute of Social Security, pursuant to Article 8 of the Royal Decree-Law of March 15, of measures to promote the continuing the working life of older workers and promoting active ageing in relation to the Final Disposition Fifth of the same legal text for the purposes of applying the regulation of the existing retirement pension of 1 January 2013, in the cases referred to in paragraph 2.b) of the twelfth final provision of the Law 27/2011, 1 August.

All of the above is also predicable on the registration of the required Collective Agreements, which in similar terms occurred pursuant to Article 4 (1) of Royal Decree 1716/2012, of 28 of December, for the development of the provisions laid down, in the field of benefits, by Law 27/2011 of 1 August on the updating, adequacy and modernization of the Social Security system.

Accordingly, the signatory parties to this Collective Agreement agree that the regulation provided for in Article 40 of the State Gardening Collective Agreement for the years 2010-2013 and consequently its (a) to ensure that the national social security system is fully implemented and that it is necessary to ensure that the rights of the workers concerned are not properly enforced, legal certainty and the fact that such workers do not suffer any harm expectations of the right created by the more beneficial and less restrictive transitional regulation or regime provided for in the rules cited in the preceding paragraphs.

Repeal provision.

This Convention repeals and replaces the 2010-2013 State Gardening Collective Convention, without prejudice to the provisions of the Third Transitional Provision.

Final disposition.

Are excluded from this Convention, the activities that would be governed by the Conventions that were the subject of collective bargaining within the framework of the extinguished Trade Union Organization (National Union of Fruit and Horticultural Products), as it may be, among others, Production of Living Plants by any procedure and its sale; Trade of Flowers and Plants and its sale, etc., as well as the activities regulated in the General Ordinance of the Field and Agricultural agreements, applied only if activities are carried out in the Articles 2 and 3 of this Convention.

ANNEX I

Pay tables

Monthly Base Salary

1.452.53

	Subgroup	2013	2014
		Base Salary	Base
Technicians	1,727.92		1,727.92
Diplomatic Technician	1,499.52
	Technical Titled	1.390.63	1.412, 86
		1.271.15	1.291.47
	1.452.53		1.452.53
	The_table_table_izq"> Chief Advto.	1.263.16			Advto Officer
1.182.73	1.182.73
Administrative
1.092.65	Table_table_der" >1.110, 12
	1,042.71		1,059.39
		645.48	655.80
	744,99		756.91
	Enloaded	1.150.96
Master Jard.	1.150.96	1.150.96	Table_table_der" >1.169, 37
		1.114.86	1.114.86
	Jard.	1.097.32	1.114.86
	1,038.72		1.038.72	Table_table_der" >1.055, 33
	Watcher	1,032.77	1.049, 29
	Cleaner	993.07	1.008, 95
	993.05		1,008.92
	Peon	934.46	949.40
	Apprentice Jard.	744.99	756.91

ANNEX II

Plus Age

Technicians

Antiquity (years)

2013 - Euros	2014 - Euros
2	31.78	32.29
88.82
10	153.00	155.44
	218.55	222.05
18	275.29	279.69
20	331.30	336.59
22	349.65	355.24
	24		408.40
26	484.53	492.27
	28	524.57	532.96

Administrative

Antiquity (years)

2013 - Euros	2014 - Euros
2	24.93
6	6	68.92	70.02
10	120,55
172.21	174.96
18	216.46	20
267.45	271.72
22	275.54	279.94
	24	336.69	342.07
26	378.48	384.53
	28	413.32	419,93

Trades

Antiquity (years)

2013 - Euros	2014 - Euros
2	23.02	23.39
6	64,84	64.84
	10	111,70	14
159.63	162.18
18	200,01	203.21
	240,45	244.30
22	255.34	259.42
	24	312.20	317.19
26	350.89	356.50
	28	382.98	389.11