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Resolution Of 4 July 2013, Of The Directorate-General Of Employment, Which Is Recorded And Published The General Collective Agreement For State Level For The Insurance Sector, Reinsurance And Mutual Compensation.

Original Language Title: Resolución de 4 de julio de 2013, de la Dirección General de Empleo, por la que se registra y publica el Convenio colectivo general de ámbito estatal para el sector de entidades de seguros, reaseguros y mutuas de accidentes de trabajo.

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TEXT

Having regard to the text of the general collective agreement at the State level for the insurance, reinsurance and mutual insurance institutions (code of convention No 99004625011981), which was signed on 27 May 1991, 2013, on the one hand by the business associations UNESPA, AMAT and ASECORE representing companies in the sector and another by the trade union organizations CC. OO. and UGT on behalf of the workers, 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 your publication in the "Official State Bulletin".

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

GENERAL COLLECTIVE AGREEMENT OF A STATE LEVEL FOR INSURANCE, REINSURANCE AND MUTUAL WORK ACCIDENT ENTITIES (YEARS 2012 TO 2015)

PRELIMINARY CHAPTER

Determination of Parties to Subscribe to the Convention

Subscribe to this Convention, representing the business side, the Spanish Union of Insurance and Reinsurance Entities (UNESPA), the Association of Occupational Accidents and Occupational Diseases of the Social Security (AMAT) and the Spanish Association of Reinsurance Brokers (ASECORE); and, in the representation of workers, the Federation of Financial and Administrative Services of CC. OO. (COMFIA-CC. OO.) and the Federation of U.G.T. Services. (FES-UGT).

CHAPTER I

General provisions

Article 1. Functional scope and application personnel.

This General Convention shall apply to the employment relations of the Insurance and Reinsurance Entities, as well as the Reinsurance Brokers and the Mutual Insurance and Occupational Diseases of the Social Security, all defined in accordance with its specific legislation.

Exclusions:

1. This General Convention shall not apply to the activities and relations covered by any of the cases referred to in Article 1 (3) of the Staff Regulations.

2. The relations referred to in Article 2 of the said Staff Regulations shall also be excluded from the application of this Convention, and shall express the following persons and activities:

(a) Private insurance intermediaries and their auxiliaries, whatever the name or legal form of each other, subject to the Private Insurance and Reinsurance Mediation Act, Law 26/2006 of 17 July, as well as the employees that they could have at their service.

(b) The commercial activity of mediation which, in accordance with the Law on the Mediation of Private Insurance and Reinsurance, may develop with such character the employees of the Insurance Entities in favour of the company on which they depend, and the compensation that could be derived from it.

(c) 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, expert experts of insurance, lawyers, prosecutors, commissioners and liquidators of breakdowns or collectors.

(d) Persons who perform duties of senior management and responsibility subject to the scope of application of R. D. 1382/85, unless they have been agreed with the Company that this General Convention is applicable.

Article 2. Territorial scope.

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

Article 3. Temporary scope.

1. Duration.

The general duration of this Convention shall be four years, from 1 January 2012 to 31 December 2015, with the specific benefits and benefits laid down for the subject matter specified in the relevant provisions of this Convention. rules of this Convention.

2. Effective.

This Convention shall enter into force within 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 a Different validity.

3. Extension and withdrawal.

The General Convention shall be deemed to be extended from year to year if it is not reported in form by those who are entitled to do so.

The complaint shall occur between 1 and 31 December of the year of its expiration, or of any of its extensions.

Once the Convention has been denounced, the Negotiating Commission will be established in the terms and deadlines set out in the Workers ' Statute.

4. Period of negotiation.

Denounced the Convention, it will be understood that it maintains its validity during the period of negotiation and extension that are regulated in this section.

This period will begin to be computed from the start of the negotiations, which is, in any case, at 45 days since the Convention was denounced.

After one year of negotiation without a new Convention having been agreed, the said negotiation period shall be extended for an additional six months.

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. Compensation, absorption and more beneficial conditions.

1. The remuneration and conditions laid down in this General Convention, which are valued as a whole and in annual accounts, may compensate, as far as they are concerned, for the remuneration and improvements which the minima would at present satisfy. companies, whatever the reason, denomination, form or nature of such remuneration and improvements, also valued as a whole and annual calculation, unless they were expressly qualified as inabsorbable.

2. The conditions resulting from this Convention shall be absorbed as far as they reach, any other than by law, regulation, conventional or action, which may be established in the future and which, as a whole, and those.

3. Those undertakings which have established improvements to their employees, who have been examined as a whole and annual accounts exceed those resulting from the application of this Convention, shall be obliged to comply with them in that set and annual calculation, the way the same is not harmed by the compensation or absorption that could have taken place.

Article 5. Binding to the entire.

The terms of this General Convention form an organic 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 clauses of this Convention without effect, it shall be reviewed and reconsidered. in its entirety if any of the parties so require, expressly.

Article 6. Regulatory coordination.

The Staff Regulations and other General Provisions applicable to the provisions of this Convention shall not apply to the provisions of this Convention.

Article 7. Articulation of collective bargaining.

1. In the development of Articles 83 and 84 of the Workers ' Statute, the parties to this agreement agree on the need to strengthen and value the Sectoral Collective Agreement as a formula for stability, homogeneity and competitive conditions that allow for the establishment of homogeneous working conditions in line with economic and social needs at any time.

This Convention will therefore be the minimum required 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. Article 84.2 of the Staff Regulations, 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.

Thus, the business and trade union organizations that are signatories to this Collective Agreement, undertake to defend the sectoral framework and to ensure that the collective agreements or agreements of the company respect the same in the form of indicated, and serve as a flexible and complementary tool in the areas in which the business agreement has an application priority.

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, productivity, quality and efficiency

Article 8. Organization of the job.

1. The organization of the work, in accordance with the provisions of this Convention and in accordance with the legislation in force, is the faculty of the company's management.

The organization of the work is aimed at achieving optimal levels of productivity, efficiency, quality and working conditions in the companies of the Sector.

The achievement of these goals is made possible on the basis of an active and responsible attitude of the members: Management and workers.

Work organisation systems and their modifications will be complemented, for their effectiveness, with appropriate training policies.

2. Where two or more undertakings affected by this Convention are organised in such a way as to ensure that the majority of their services are unified in common premises and with the obligation of staff to perform functions without distinction to any of them, ensure the same rights and obligations for all staff, on the most beneficial basis, as a whole and on an annual basis, and each company retaining its own legal personality.

Article 9. Productivity, quality and efficiency

The undersigned organisations of this Convention agree on the need for a general improvement in the effectiveness of the production system, on the basis of the following extremes and criteria, to be considered, where appropriate:

a) Objectives to be achieved:

-Elevate competitiveness, profitability of companies and quality in service delivery.

-Optimize productive capacity according to market orientations.

b) Key factors that affect productivity:

-The investment policy.

-The rationalization of the productive organization.

-Technological improvement.

-Permanent training.

-Production and productivity business programming.

-The climate, the situation of industrial relations and the implementation of an equal opportunities policy.

-The conditions and quality of life at work.

-The salary policy.

-The qualification and adaptation of the workforce.

-The absenteeism.

c) Instruments and criteria to consider, among others:

-Negotiating productivity-related issues.

-Setting up productivity measurement systems.

-Establishment, with the participation of workers ' representatives, of the level of productivity index to be considered as normal, or base period for comparisons.

-Participation of workers ' representatives in tracking productivity measurements.

-Establishment of guarantees regarding the distribution of profitability improvements obtained by productivity gains, applying them to the restoration and/or increase of the business surplus, investments that create jobs and wage incentives linked to improved productivity.

d) Criteria for the implementation of any plans to improve productivity and quality:

-Information prior to employee representatives.

-That such plans do not discriminate against workers over others.

-Setting test and adaptation periods.

CHAPTER III

Professional Classification System

Section 1. Principles and basics

Article 10. 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 knowledge, criteria, tasks and functions in which the provision is structured, serving both for economic consideration and other effects. of the job contract.

2. The aim of the present system of professional classification is to facilitate the management of human resources in enterprises, as well as the professional development of workers on equal opportunities, considering that between the two a positive correspondence is to be achieved.

The system of professional classification requires the full collaboration of active policies of training and dynamic processes in the promotion, which will entail a greater extent in the professional expectations. the objective of consolidating and increasing the professionalisation and development of the human factor in enterprises in the sector, in order to improve the quality of the internal quality and the provision of the service.

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.

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

5. When performing, usually and within the conditions laid down in this Convention, functions of two or more professional groups, the classification shall be carried out by virtue of the most relevant functions to which, within the set of their activity is spent more than any other time, without prejudice to the provisions of paragraph 4 above.

6. The employment contract shall be agreed between the worker and the employer in respect of the content of the labour supply which is the subject of the contract, and his correspondence with the present system of professional classification.

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

Article 11. Basic aspects for classification.

1. Professional Group: For the purposes of this Convention and in accordance with Article 22.2 of the Staff Regulations, it is understood by a professional group that the professional skills, qualifications and general content of the contract are not benefit.

2. Elements that define the professional groups.

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

(a) Knowledge: Factor in which the assessment will take into account the set of technical knowledge, experiences and skills required for a normal performance of the post, regardless of its form of acquisition.

b) Initiative/autonomy: This factor can be developed in two distinct scopes:

The one required to conceptually address the identification, definition, and search for solutions to problems that you usually need to address and resolve the position.

The one required to make decisions that concern the position and assume its consequences.

c) Complexity: Factor in whose assessment the degree of difficulty of the problems which, due to the intensity, effort and creativity for its resolution, must, usually, address and resolve the post, in its scope of action.

d) Responsibility:

Factor referred to the ability to assume the decisions and actions undertaken, as well as its consequences, through the contribution and impact of the position in its specific scope of process or the results of the organization.

Can manifest with a double dimension:

In management positions: Depending on the economic dimension affected and the degree of influence the post puts on it.

In technical/operational positions: According to the degree of criticality of the post, that is in relation to the technical solvency required in the execution of the process and the capacity of the organization for its supervision.

e) Address Capacity: Factor in which two types of capabilities must be present:

-The integration and harmonization of different functions, resources and objectives, directly affecting the results of the team.

-Achieving results through other people, which should be oriented, motivated, developed, influenced and monitored.

In your case, the capacity of teamwork, understood as a factor related to the ability to collaborate in tasks or responsibilities of a group, interacting to achieve a common goal, will be weighted. colleagues belonging to the department itself or others, and assuming the decisions taken as their own.

2.2 Titulations.

2.3 The general content of the benefit refers to the professional activities carried out by the employees in the undertakings affected by this Convention and are grouped for operational purposes in two areas. professionals:

A. Insurance. Specialised technical management activities and management activities in services of a general nature.

B. Health.

3. The extent to which the above factors are developed, the concurrence of the qualifications, if any, required and the general content of the benefit, shall determine the level of remuneration as regulated in Chapter VII.

4. Professional classification system.

4.1 The inclusion of the worker within each professional group will be the result of belonging to one of the aforementioned areas, the qualifications, if any, required and the overall weighting of the factors before mentioned.

4.2 The system of professional classification is integrated by the following professional groups, mainly on the basis of the provisions of Article 22 of the Workers ' Statute, with the contents that are later point (general criteria, training, tasks).

Group 0.

Group I.

Group II.

Group III.

Group IV.

5. In the field of enterprise, through the appropriate collective bargaining channels, the system of professional classification referred to in this Convention may be developed, with the possibility of describing standard posts, defining levels, or to configure other adaptations of the present system appropriate to the reality of the company.

Section 2. Insurance Area

Article 12. Legal status of professional groups in the insurance area. Description.

1. Professional Group 0.

They belong to this professional group, those positions which, depending on the company's management, participate in the elaboration of the policies and guidelines of the same, being the responsibility of the correct application of such policies in their respective scope of action.

2. Professional Group I.

General criteria. -Workers belonging to this professional group count for the performance of their tasks with their own autonomy and responsibility for the scope or unit of work that has been entrusted to them.

Such a performance translates into the realization of tasks related to research, study, analysis, advice, planning, evaluation and forecasting or other of the same nature, or of organization and control of the processes work to be carried out and, where appropriate, the workers to be carried out, as well as their motivation, integration and training.

Training-Technical and specialized knowledge and/or minimum training equivalent to middle grade university degree.

Tasks. -Examples. The following activities are included in this professional group, as well as those other similar activities:

-Making technical notes.

-Calculation of tariffs on new products.

-Audit Technical Jobs.

-Market analysis and research.

-Legal advice.

-Systems analysis.

-Organization studies and methods.

-Health Care and Prevention.

-Prevention, inspection and risk assessment.

-Evaluation and analysis of financial investments.

-Selection and training of staff.

-Technical assistance of facilities and communications.

Remuneration levels. -A remuneration effects are distributed at levels 1, 2 and 3 (Annex I).

3. Professional Group II.

General criteria. -Workers belonging to this professional group count for the performance of their tasks with a certain degree of autonomy to execute or perform tasks in the field of their competence, as well as for to resolve the technical or practical problems inherent in its field of action. They should follow these rules, guidelines or routine procedures for the use of the company.

Training.-Unique knowledge of the functions, tasks and operations, with a minimum level of training corresponding to Baccalaureate, Higher-Grade Training Cycle of FP or similar, or its equivalents according to the education legislation in force.

Tasks. -Examples. The following activities are included in this professional group, as well as those other similar activities:

-Technical or legal advice to start or support under the supervision of group I. staff.

-Assessment, assessment, processing and settlement of claims.

-Estimation and pricing of risks and elaboration of the projects that the same behave.

-Review and coding of insurance applications and proposals and policy issuance.

-Programming, preparation, verification, and operation on computer systems.

-Inspection, organization and commercial production.

-Realization of payments and income operations and cash provisions.

-Performing accounting tasks such as account processing and tracking and balances checks.

-Managing and managing co-insurance and reinsurance contracts.

-Coordination and accountability for general services tasks that are part of those listed in the examples of the Professional Group III, such as: handling of general services machines; monitoring, goalkeeping and reception; reception, distribution and departure of mail and office equipment; cleaning; simple orders; external administrative procedures, etc.

-Personal, organizational, and methods administrative jobs, and in general how many functions make up the company's ordinary processes.

Remuneration levels. -A remuneration effects are distributed at levels 4, 5 and 6 (Annex I).

4. Professional Group III.

General Criteria. -Workers belonging to this group are subject to the follow up of detailed instructions for the performance of their tasks consisting of basic, simple, repetitive, instrumental operations, mechanical or automatic, supportive or complementary.

Training. -Basic knowledge or some specialization or instrumental skill.

Tasks. -Examples. The following activities are included in this professional group, as well as those other similar activities:

-Driving vehicles.

-Handling machines such as printing, copying, cutting or separating paper or communication elements (telephony, public address and fax, etc. ..).

-Surveillance, goal, and reception.

-Storage, file, packaging, and transport services for objects.

-Recates or simple orders.

-Cleaning.

-Maintenance of machinery and facilities.

-Receiving, distributing, and outgoing mail and office material.

-Transscription of data and text.

-Introduction of data in mechanized systems.

-Realization of out-of-office collections.

In Group III, and for a maximum of two years prior to access to Group II, the teleoperation and teleoperation posts of the travel assistance entities will be available.

Remuneration levels. -A remuneration effects are distributed at levels 7 and 8 (Annex I).

5. Professional Group IV.

General criteria. -These will be included those workers who, lacking experience and specific preparation for the sector, are employed by the companies in order to carry out the tasks that later specify.

This figure is exclusively prevented 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.

Elapsed time of stay in this professional group, which in no case may exceed the two-year period, the subsequent post which, if applicable, will be made to the professional group corresponding to the established professional classification system and rules on promotions and promotions.

Training. -The workers included in this group will receive in the course of the first two years of stay, within the working day, a training of a minimum of 30 additional hours on the one established with universal character in art. 22 of this Convention on training time. Such training will deal with the basic elements for knowledge of the sector.

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

Tasks.-Basic instrumental areas, and/or support to other professional groups and introduction to the company's own activities. 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.

Remuneration levels.-In terms of remuneration, they are included in level 9. (Annex I)

As an exception, where the object of the contract is the development of the knowledge of a university degree, higher or middle grade, the professional classification will be carried out in the professional group. for those tasks, the remuneration level determined by the specific provisions, if any, of the contractual modality used, in relation to the professional group's own remuneration levels.

Section 3 Health and Safety and Health in the work of MATEPSS staff

Article 13. Legal regime of the Professional Groups of the Health and Safety Area and Health in the work of the staff of the MATEPSS. Description.

These groups comprise all the personnel described in this Convention belonging to the Attending and Hospital Centers of the MATEPSS, which has the specific objective of health care and safety activities, and health at work.

On a general basis, the required qualification for each job and the regulation of the job establish the limits to functional mobility according to the Workers ' Statute.

1. Professional Group 0.

They belong to this professional group, those positions which, depending on the company's management, participate in the elaboration of the policies and guidelines of the same, being the responsibility of the correct application of such policies in their respective scope of action.

2. Professional Group I. Top-ups.

This professional group consists of those positions for the performance of which are carried out activities that legally require the corresponding university degree of higher grade and for whose performance they have responsibility and supervision in the area or unit of work entrusted to them.

Remuneration levels. -A remuneration effects are distributed at levels 1, 2 and 3 (Annex II).

3. Professional group II. Middle and assimilated graduates.

This professional group consists of those posts for whose performance activities are carried out that legally require the corresponding university degree of middle grade, or those that are not legally enforceable. qualifications, require equivalent technical knowledge and qualified experience in the area of work to which they are attached.

The Prevention Technicians will be in Group II, at their different basic, intermediate and higher levels, established in Royal Decree 39/1997 of 17 January 1997, with a view to the provision of the provision Second final 5. for this collective.

Remuneration levels. -A remuneration effects are distributed at levels 4, 5, 6 (Annex II).

4. Professional Group III. Auxiliary and assimilated personnel.

This professional group consists of all positions for which activities are carried out which, at least, require:

a) Basic knowledge or some specialization or instrumental skill.

b) Tracking detailed instructions.

c) Basic, simple, repetitive, mechanical or automatic, support or complementary instrumental operations.

A non-limiting, but not limited, reference examples are the following:

-Gardening.

-Cost, laundry, iron.

-Cleaning.

-Food preparation and distribution.

-Maintenance of machinery or installations.

-Ambulance driving.

-Machine handling (telephony, telex, fax, etc.).

-Receiving, monitoring.

-Reenabling sports activities.

Remuneration levels. -A remuneration effects are distributed at levels 7 and 8 (Annex II).

5. Professional Group IV.

General criteria. -These will be included those workers who, lacking experience and specific preparation for the sector, are employed by the companies in order to carry out the tasks that later specify.

This figure is exclusively prevented 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.

Elapsed time of stay in this professional group, which in no case may exceed the two-year period, the subsequent post which, if applicable, will be made to the professional group corresponding to the established professional classification system and rules on promotions and promotions.

Training. -The workers included in this group will receive in the course of the first two years of stay, within the working day, a training of a minimum of 30 additional hours on the one established with universal character in Article 22 of this Convention on training time. Such training will deal with the basic elements for knowledge of the sector.

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

Tasks.-Basic instrumental areas, and/or support to other professional groups and introduction to the company's own activities. 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.

Remuneration levels.-In terms of remuneration, they are included in level 9 (Annex I).

As an exception, where the object of the contract is the development of the knowledge of a university degree, higher or middle grade, the professional classification will be carried out in the professional group. for those tasks, the remuneration level determined by the specific provisions, if any, of the contractual modality used, in relation to the professional group's own remuneration levels.

6. Staff of the hospital and care facilities: Their description is contained in the final provision.

Section 4.

Article 14. 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 Staff Regulations.

2. Functional mobility within the same professional group cannot be performed between radically different professional specialties requiring complex adaptation processes.

3. Within the professional group, the level of requirements or performance of the tasks performed at each moment by the worker shall determine the level of remuneration applicable to him.

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

4. Mobility for the performance of tasks belonging to a higher professional group, as well as mobility for the performance of functions belonging to a lower professional group, shall be regulated in accordance with the provisions laid down in the in Article 39 of the Staff Regulations.

5. Mobility within the Insurance Area, when it involves changes between specialised technical management and general service management, may be carried out provided that the new functions assigned are equivalent to those of provenance, understood equivalence in the terms laid down in Article 22.3 of the Staff Regulations.

6. The worker may request the change in his or her duties, both within the professional group in which he or she is registered. In such cases the application shall be reasoned and the requirements laid down in this Convention for the performance of the requested functions or posts shall be fulfilled. The Company 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 legislation.

7. Changes of functions other than those set out in the preceding paragraphs shall require agreement of the parties or, failing that, the submission to the rules laid down for substantial modifications of working conditions.

Section 5.

Article 15. Template.

According to the functional and organizational needs, the composition of the professional structure will be determined in each company, in accordance with the different forecasts of the professional classification system as the Convention In general, it is not necessary for companies to incorporate into their organization any and all levels and professional groups that are regulated in the Convention.

In accordance with the provisions of the current social legislation, and for the purposes thereof, the company shall regularly inform the legal representation of the employees about their staff, their situation and their evolution. likely, and, where appropriate, prior to its implementation, for the purposes of the report, of the decisions taken on total or partial restructuring or cessation, final or temporary of those decisions.

Article 16. Promotions and promotions.

promotions and promotions within the system of professional classification established in this General Convention shall be produced in accordance with the following paragraphs:

1. In accordance with the provisions of the second paragraph of Article 24.1 of the Staff Regulations, 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 and another, respecting the principle of non-discrimination for the other circumstances referred to in Article 17.1 of the Staff Regulations.

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

To the professional group III: By concurso-opposition. For the duration of the maximum stay in the professional group IV.

To the professional group II: By concurso-opposition. By way of derogation, by free designation in the case of trusted jobs by reason of their specific nature and be directly dependent on positions of special responsibility, or which will in themselves entail a higher degree of confidentiality and reservation. Such circumstances of the post shall be communicated to the legal representation of the employees.

To professional group 0 and I: Free designation.

3.1 Where the opposition is present, the company shall, in good time, approximately two months, make public the position or posts of promotion object of contest, describing, in accordance with the system of professional classification, the characteristics of the same, 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 company, which may not be more than 3 years.

The contest-opposition will consist of two exercises, one theoretical and one practical. In the field of enterprise, the theoretical exercise may be replaced by the completion of training courses related to the professional group. This circumstance, indicating the courses in question, must be included in the call.

3.2 The qualifying courts for the competitions that will participate in the elaboration of the content of the examination and follow its development, will be constituted by the following members:

-President (named by the company).

-Secretary (appointed by the workers ' representatives or, failing that, by the Joint Committee).

-Two Vocals (designated one by the company and one by the workers ' representatives or, failing that, by the Joint Commission).

4. The promotion of the remuneration levels of the professional groups II and III will be determined by the degree to which the factors set out as configurators of professional competence are developed, as well as, inter alia, 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.

4.1 The promotion between levels will be carried out in accordance with the objective criteria that have been stated, following guidelines of transparency in its application and proceeding to give an account to the legal representation of the workers the promotions produced and the criteria valued for them.

4.2 In any case, every two years, at least the following places will be put up for competition:

-Level 6.The company will convene every two years promotions equivalent to five percent of existing employees at this level. All employees at lower levels may be eligible for competition in opposition to these places.

-Nivel5. The company will convene every two years promotions equivalent to five percent of existing employees at this level. All employees at level 6 may be eligible for merit in these places.

5. In compliance with the agreements of undertakings which may exist on this subject, in those undertakings in which the system of professional classification governed by this Convention has been developed or developed, with a definition of levels or type and own professional promotion systems derived therefrom, promotions and promotions resulting from the application of the indicated developments shall be computed for the purpose of compliance with the percentage laid down in paragraph 4.2. of this Article for levels 5 and 6, or others if it is applied in the field of company, and should, in case of failure to reach this percentage, make the corresponding call for the resulting difference.

In these cases the company will have to provide information to the legal representation of the workers with indication of the persons promoted, job, their level of provenance and the acquired, as well as the criteria considered for such promotions.

6. The promotion system established in the General Convention may be subject to adaptation in the field of enterprise by agreement between the latter and the legal representation of workers.

7. On an annual basis, the company will inform the legal representation of workers on the evolution of promotions and promotions, analyzing together possible measures of adaptation in the field of enterprise.

CHAPTER IV

Hiring

Article 17. Test period.

The duration of the trial period will be variable depending on the nature of the jobs to be covered, without, in any case, exceeding the periods listed below:

Professional Group 0: 12 months.

Professional Group I: 6 months.

Professional Group II: 3 months.

Professional Group III: 2 months.

Professional Group IV: 1 month.

The situations of temporary incapacity and maternity or paternity that may affect the employee during the probationary period, will interrupt the computation of the same, which will resume from the date of the reinstatement. effective to the job.

Article 18. Voluntary cessation.

The staff who intend to cease voluntarily in the company must inform the management of the management, complying with the following notice periods according to the assigned professional group:

Professional groups 0, I, and II: 1 month.

Professional groups III and IV: 15 days.

Received the notice by the company, you may be dispensing with the employee's services before the end of the term; in such case, the Company must pay you what is up until the end of the term.

If you fail to comply with the above notice obligation, the employee shall not receive the portion of the ordinary monthly salary corresponding to the number of days of the notice period not completed, excluding, if applicable, the proportion of the premium compensation supplements.

Article 19. Recruitment.

Any contracts for market circumstances, accumulation of tasks or excess of orders as referred to in Article 15.1.b of the Staff Regulations may have a maximum duration of 12 months within a Reference period of 18 months.

Article 20. Telework.

The recognition of teleworking as one of the innovative forms of organization and execution of the work supply derived from the advancement of new technologies, which allows the realization of the activity (a) to be applied outside the premises of the undertaking, and without prejudice to the application corresponding to the forecasts contained in Article 13 of the Staff Regulations on Remote Work, it is considered that for the implementation and implementation of the The practice of teleworking in the enterprise is appropriate to set out the following criteria:

-The voluntary and reversible nature of teleworking, both for the worker and for the company.

-Equal rights, legal and conventional, for teleworkers with respect to comparable workers who work in the company's facilities.

-The convenience of regulating aspects such as privacy, confidentiality, risk prevention, facilities, training, etc.

CHAPTER V

Professional training

Article 21. General principles.

1. In order to promote the professionalisation of workers and the permanent improvement of vocational training in the sector, the parties consider that it should be geared to:

a) Promote the personal and professional development of workers.

b) Contribute to economic efficiency by improving the competitiveness of companies.

c) Adapting to changes motivated by both technological innovation processes and new forms of work organization.

d) Contribute to continuing vocational training to encourage the development and innovation of the insurance business.

2. Given its importance for the model of industrial relations to which this general convention responds, the training policy in the sector will be accommodated according to the following criteria:

(a) Profession and development of human resources, meeting the needs of professional training of workers within enterprises and facilitating their access to better qualifications.

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 qualifications.

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.

h) Continuity, in order to promote the permanent development of professional qualifications.

i) Consideration of training, through the organization and participation in courses, activities and programs, as favoring the promotion of the staff and the reference element, in the terms that are indicated in the articles of this Convention, for the purposes of the system of professional classification and the remuneration structure.

Article 22. Training time.

1. The training time for each worker will be 20 hours within the annual working time. That time shall be deemed to be fulfilled, where at least each undertaking, in terms of the average per employee, has reached an average of 20 hours per year of training, guarantees the universality of the access to it and does not produce any type of discrimination, in particular by reason of gender, age and professional level.

This training time will be used to carry out training actions of interest to the professional performance entrusted or to be entrusted, as well as the projection of the professional career of the employees.

2. These hours may be accumulated over a period of up to two years in cases where, for organisational or functional purposes, they are not used annually, except for certain cases where, for exceptional reasons, it is necessary extend that period to three years. In addition, in the organisation of training activities, consideration should be given to the concurrent circumstances in workers.

3. The training time here regulated may be adjusted proportionately in the event of days which will give an annual calculation other than the one established in general.

In the case of days other than those covered by this General Convention, the time spent on training shall be subject to the corresponding adaptations as to the provisions of paragraph 1 above, making them compatible with the functionality of the training action.

With similar criteria to those indicated, appropriate adaptations will be made in individual cases of reduced working time.

4. Where such training activities concern workers falling within the health area, the provisions of this Article shall also be compatible with due regard to the users of the centres or facilities. health.

5. The hours which, if any, the worker enjoys for the exercise of the right of the permit governed by Article 23.3 of the Staff Regulations, shall be taken into account for the purposes of compliance with the training time laid down in the present case No 1. Article.

Similarly, the training received in the framework of the company's training plan will serve to understand the right to the permit, in the terms of the aforementioned article 23.3 of the Workers ' Statute.

These criteria for mutual recognition will also be understood as applying the additional training provided for in the arts. 12 and 13 of the Convention for the staff of the professional group IV.

Article 23. Funding.

The financing of training actions will preferably be financed from the various funding schemes covered by the regulatory framework for the vocational training subsystem for employment, as well as other possible forms of financing. (i) financing schemes to be developed for this purpose.

Through the Sectoral Joint Committee, it will be possible, as far as possible, to revert to the sector of the share of vocational training that under the legislation can be devoted to vocational training in the sector, in order to achieve broad reinvestment.

The organizations that are signatories to this Convention may, jointly or separately, assume the task that is being carried out by the present Convention to develop the initiative for the implementation of the appropriate plans. (a) training of offer in their respective fields of action, in the terms of the regulatory regulation of the vocational training subsystem for employment and of the calls for employment.

Without prejudice to the above and the initiatives taken by the company in the field of training for the regulatory demand for bonuses and individual training permits, the company will be able to establish the application of additional own resources on a complementary basis, depending on their needs and characteristics.

Article 24. Sectoral Joint Training Committee.

1. In order to understand how many questions are raised about vocational training in the field of the sector, and to respond to the provisions of the existing legislation on vocational training for employment and to develop the skills that For this purpose, it is derived from the regulatory regulation of the vocational training subsystem for employment, the Joint Committee on Training is set up.

The Training Commission, with the capacity to develop its competences in the relevant territorial areas and with the competent bodies that come, will assume, among others, the following functions, assuming also the necessary for the adaptation of the general rules on vocational training to the insurance sector:

(a) Vellar for the fulfilment of the Professional Training Agreements for Employment and the Law on the subject in the field of this Convention, for the most appropriate adaptation to the sector.

b) to establish the indicative and priority criteria for sectoral training provision and for the implementation of complementary and accompanying measures for training in the field of the Convention.

c) Propose the implementation and, where appropriate, participate in and collaborate in activities, studies or investigations of a sectoral nature, and make proposals in relation to the National System of Qualifications and Vocational Training and National Focal Points for the sector.

(d) to know and to promote the application of the vocational training system for employment in the sector, by monitoring and evaluating the actions undertaken in order to compare guidelines, to promote other initiatives and update, where appropriate, the objectives of the sectoral training.

e) Take over the mediation powers conferred on you by the regulations on vocational training for employment, in the cases of discrepancy between company and legal representation of workers in relation to the actions In the terms of the aforementioned regulations, they are subsidised by the system.

(f) Other than those allocated to it by the rules governing vocational training for employment.

2. Once the relevant National Training Agreement has been in force, the Joint Training Commission will continue to develop the functions and competences referred to in the previous paragraph, in particular the tasks assigned to it by the legislation in force in the field of vocational training for employment.

3. The Sectoral Joint Committee shall adopt its rules of operation, adapting it to the provisions of this Convention and to the rules in force on this matter.

Article 25. Training action in enterprises.

1. Without prejudice to the provisions laid down by sector in the preceding Articles, undertakings, before implementing a training plan, must complete the provisions of Article 64.5 (e) of the Staff Regulations concerning the 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 ends will be considered that companies will have to facilitate with character prior to the legal representation of the workers:

-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.

-Memory of the training courses taught, once the training actions have been carried out.

2. In the case of training schemes which the firms finance under their credit for continuing training through bonuses in social security contributions, in accordance with the rules on the training of demand, the Commission will be responsible for the Such a system of financing and individual training permits shall be the result of the said rules and concordant on the matter.

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. Within the scope of the undertaking, the establishment of a Joint Training Commission may be agreed between the management of the undertaking and the legal representation of the employees, with the composition, powers and rules of operation which the parties agree.

CHAPTER VI

Geographic Mobility

Article 26. Geographical mobility and its 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 and personal considerations business and 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 references of the Workers ' Statute.

3. Within the same population, undertakings may provide for the exchange of staff from one office to another, or another undertaking, provided that they belong to the same group of undertakings and that, in any event, the rights granted to them are respected. personnel.

4. Changes in the place of work within the same city, or a radius of 25 km from the centre of the municipality where the workers provide their services to the signature of the Convention, or from the centre of the municipality, shall not be regarded as geographical mobility. where they are voluntarily transferred, and those entered after they are posted.

Article 27. Shipments.

1. Any structural modification involving a change from one working centre to another other than the same undertaking which leads to a change of residence is considered to be a move outside the cases referred to in Article 3 and 4 of the previous Article; and the duration of which exceeds the intended time limits for displacements.

2. Where the transfer is carried out, without prior public notice, by mutual agreement between the worker and the undertaking, originating in the voluntary application of the worker, formally expressed, and accepted by the undertaking, it shall be agreed conditions in writing between the two parties. Such transfers shall be communicated to the legal representation of workers 5 days in advance of the date of their materialization.

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 purposes of contrasting the needs.

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

The transfer shall not prejudice the professional or personal rights of the worker, while respecting at least the conditions that he has had up to that time.

4. The collective transfer, in the terms of the art. 40.2 of the Workers ' Statute must be preceded by a period of consultation with the legal representatives of workers of a duration not exceeding 15 days. This period of consultation should cover the reasons for the business decision, the possibility of avoiding or reducing its effects, as well as the possible measures to mitigate the consequences for workers. affected.

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 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:

1. Career requirements of the position.

2. Cargas and family conditions.

3. Experience and least seniority in the company.

4. If one of the spouses is transferred, the other, if he is from the same company, shall have the right to transfer to the same locality, if there is a job.

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

6. º After a shipment, the affected worker cannot be the object of another person for a period of 180 days, unless mutual agreement is reached in another sense upon his own request or proposal of the company.

7. No 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 enterprise level, shall be as follows:

(a) Locomotion expenses of the person concerned and family members who with the convivan, which must be justified.

(b) Expenditure on the transport of furniture and goods.

(c) Compensation in cash as compensation for expenditure of four ordinary basic salary allowances, and other concepts of this Convention which were being collected, excluding, where appropriate, the proportion of the compensation for premiums.

(d) Companies shall provide economically evaluable aid to the worker in the terms specified in the Article. 42, to get housing in the city to have been moved by service needs.

e) Previous period of 10 days maximum paid leave with full diet to facilitate the search for housing and school centers.

6. Notified of the decision of the transfer, the worker shall have the right to choose between the transfer with the compensation before regulated or the termination of the contract under the conditions which have been agreed or, where appropriate, with the perception of 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 in their case before the competent jurisdiction.

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

7. The provisions of this article will be in line with the regulations of the Workers ' Statute.

Article 28. Displacements.

1. They shall be considered to be those cases of geographical mobility of an individual nature which take place within the limits laid down by law, in accordance with their rules of procedure as provided for in Article 4. 40.4 and 5 of the Workers ' Statute.

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

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 in the field of enterprise. The worker shall also be entitled to a 4 working day leave at his home address for every three months of posting, without counting as such travel, the costs of which shall be borne by the employer.

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.

CHAPTER VII

Remuneration

Section 1. Base Salaries and Add-ons

Article 29. 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 base salary and salary supplements, giving back the working time cash established in this Convention and the periods of rest that are to be used as work.

2. It shall in any event govern the principle of non-discrimination in respect of remuneration referred to in Articles 17.1 and 28 of the Staff Regulations.

Article 30. Base salaries and add-ons.

1. The remuneration structure of the employees falling within the scope of this Convention shall be the basis of the basic salary and the salary supplements which, if any, are included in the same, in accordance with Article 1 (2) of Regulation (EU) No all of this with the provisions of the Workers ' Statute and the rules set out below:

-Salary or salary base salary is understood to be the remuneration fixed per unit of time corresponding to the worker according to the tasks developed and consequent integration into the group structure professionals and levels of remuneration covered by this Convention.

-Pay allowances are paid on the basis of circumstances relating to the personal conditions of the employee, the work done or the situation and the results of the company.

2. The remuneration structure of the General Convention is thus integrated by the following concepts which, in compliance with the provisions of paragraph 1 above, are set up with the scope, nature and effects of their own regulation:

-Base salary on the basis of remuneration (Article 30).

-Experience Add-on (article 31).

-Premium compensation supplements (general, excess, additional) (article 32).

-Individualized adaptation complement (article 34).

-Plus inspection (article 35).

-Plus of residence (additional provision second).

3. Without prejudice to the existence of other wage supplements in the field of enterprise which, in any event, must comply with the causality criteria laid down in the Staff Regulations, the concepts of the Convention referred to above must be included in the remuneration structure of each undertaking, unless the general legislation or the regulation itself of this Convention permits its modification or variation.

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

5. The minimum sectoral remuneration shall be that corresponding to the remuneration level 9.

Article 31. Experience complement.

1. A salary supplement is provided for the remuneration levels of the professional groups II and III, in the light of the knowledge acquired through experience, understood as a dynamic factor of qualification through the performance of activities and jobs determined over a period of time.

2. 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, for the duration of their stay.

3. In order to start accrual the supplement by experience must have elapsed a period of 1 year of the employee's presence in the company, being paid from 1. January of the following year during the course of that period.

4. The supplement by experience fixed in annual accounts in accordance with the tables set out in Annexes III and IV of the amounts per experience shall be paid in 15 monthly instalments, multiplying the amount corresponding to Table by the number of years of membership at the level of the remuneration allocated, excluding the period of absence set out in the previous number and with the maximum multiplier limit of 10 years.

On the basis of the previous regulation, each January 1 will generate a new multiplier, making the payment according to the situation of the employee on the 1st of January of the year in which the annuity is fulfilled that will be stopped by experience, changing, however, if this situation varies in the course of the year for a change of remuneration, with application, in such a case, of the rules contained in the following paragraph.

5. A new experience will be generated at a higher level of remuneration among those referred to in the previous year, for which the calculation will be calculated for half of the years considered for the complement of experience at the level of the source, understanding as full year the fraction, thus generating a new multiplier by experience, computable for the purpose of the maximum multiplier of 10 years that operates, also, in the new level.

If access to a higher level of remuneration occurs on 1 January, the new multiplier that proceeds on that date will be generated for each new year, and the division by 2 indicated in the previous paragraph.

6. The tables of amounts per experience set out in Annexes III and IV shall henceforth be subject to the same evolution of percentage increases as agreed at any time for the base salary table.

Article 32. Premium compensation supplements.

Once the so-called premium share system was terminated at 31 December 1999, the remuneration concepts generated by the defunct system were replaced by those that are then regulated.

This is part of the state of play in the company in terms of the participation in premiums for the 1999 financial year, as calculated at 31 December 1999, the date on which the ratio or number of pages per share was fixed. premiums in each company.

1. General compensation for premiums: On the basis of the above premise, two monthly premiums are consolidated as a general compensation for premiums. These items shall be integrated into the annual remuneration and shall be made up of the basic salary and experience-based basic salary concepts, as well as, in those cases where they are paid in the form of premiums, seniority at 31 December 1996.

These two monthly payments will be paid in the months of March and September, although in the field of enterprise it will be possible to agree its pro-rata with the legal representation of the workers.

2. Excess compensation for premiums: In those companies that, on the premise indicated in the first two paragraphs of this article, were in a situation of surplus of participation because of their participation coefficient greater than two, it is consolidated for the future in the field of enterprise the number of pages exceeding the 2 regulated in general in the preceding number.

These payments, in terms of excess compensation for premiums, are made up of the basic salary and experience-based basic salary concepts, as well as, in those cases where they are perceived in participation in premiums, seniority at 31 December 1996.

In the field of enterprise, it will be agreed with the legal representation of the workers the moment of their credit, through their prorateo, or in their concreteness in the months that they have not paid, as own wage concept defined as excess compensation for premiums.

3. Additional compensation for premiums: As a compensation for the replacement of the premium share system, a salary supplement is generated which is called additional compensation for premiums, resulting from a 24% charge on the state of the situation in the company in terms of the participation in premiums for the 1999 financial year in accordance with the repealed regulation, as set out in the first two paragraphs of this Article, with the following limitations:

-Additional compensation may not be greater than one pay.

-No additional compensation will be generated here regulated in those companies which, as of 31 December 1999, were already within the maximum limit of 10 premium share payments.

-If applied the quoted 24% on the actual coefficient of participation in premiums obtained with the repealed regulation, that is, as set out in point 1 above, the coefficient of two pages shall not be exceeded, the additional compensation shall be generated here.

This pay supplement is quantified by applying the resulting coefficient on the basis of salary and complement per experience, as well as, in those cases where it is perceived as a participation in the premiums, seniority at 31 December 1996.

The amount, if any, resulting as an additional premium supplement, may be agreed in the field of enterprise with the legal representation of workers, different forms of remuneration integration, such as supplementary social security schemes, occupational pension schemes, variable pay schemes, objectives or other similar or similar options.

Without prejudice to the provisions of the preceding paragraph, the time of payment of this compensation shall be agreed with the legal representation of the employees, through their prorate, or their concreteness in the months. in which you do not pay, as your own wage concept defined as additional compensation for premiums.

4. The new entry staff in the company as of 1 June 2013 will initially generate only the two general premium compensation payments that are set out in the number 1 of this Article.

Once a three-year period of absence has elapsed from its entry into the company, the new workers will also become creditors, also, to the rest of the concepts that are regulated in the previous numbers (excesses of compensation for premiums and additional compensation for premiums), with the scope and to the extent that, where appropriate, they existed at the time in the undertaking, and according to the following progressive scale for their perception: 50% of the amount of such concepts in the course of the year following compliance with the said deficiency period, and 100% of those in the The following year, and successive years.

5. Workers in employment in the company from 1 January to 31 December will receive all the wage concepts covered by this Article. Those who enter or cease in the course of the year shall receive the abovementioned salary concepts in proportion to the service time provided during the year in question. Similarly, the proportional rule shall apply to those workers who, during the course of the year, comply with the period of absence referred to in point 4 above for the remainder of the year remaining within the undertaking.

6. For the purposes of this Article, reinsurance brokers shall pay full pay where their net brokerage amount does not exceed € 72,121, a monthly and average monthly payment of more than € 72,121 and no more than € 901,518 and two monthly payments. complete when exceeding € 901,518.

7. Other alternative or alternative systems to those covered by this Article on premium compensation may be agreed at the enterprise level.

Agreements already reached or reached in this area through agreements or agreements of companies will not be in any way affected by the regulation that the present collective agreement contains on compensation for premiums, provided that all the working conditions applied in the undertaking, irrespective of their nature, in their overall assessment and annual calculation, are equal to or more favourable than the set of conditions laid down in the Sectoral Convention, also valued globally at the time of the conclusion of the agreements.

Article 33. Extraordinary pagas.

1. The base salary table comprises twelve ordinary and three extraordinary pages of June, October and Christmas, that is, an annual calculation of fifteen monthly payments, regardless of the premium compensation supplements (Article 32).

2. The staff present on 1 January will receive the entire sum of these three extraordinary monthly payments.

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.

Article 34. Individualized adaptation complement.

1. The individualised adaptation complement, which has been set up as a pay supplement of a personal nature, resulting from the integration into the same concept of concepts from the previous retributive structure already repealed at 31 December 1996. for workers on a template on that date, it will be paid together with the 15 monthly salary tables.

2. The individualized adaptation complement shall evolve as determined in collective bargaining.

Article 35. Plus inspection.

Enjoy the same, in attention to the work done by the staff of Inspection in tasks of production, organization or administrative technical inspection that habitually performs outside the office of the company securing the pre-set schedule, as compensation for the increased effort and dedication required by management and travel.

The amount of this plus for inspection personnel who perform their duties outside the usual place of residence; and for whom they perform their function at the usual place of residence, is given in the following terms:

For the year 2012 the amount of this plus figure quantified in Annex III to this Convention.

For the year 2013 the amount of the plus figure quantified in Annex IV to the Convention, which shall be adjusted as appropriate, in accordance with the provisions of Article 37 of the Convention.

For the successive years of the Convention, the amount of the plus shall be determined in accordance with the provisions of Article 38 et seq.

The plus, in both modalities, may be absorbed by other remunerations of any kind, fixed or variable, or by any kind of voluntary improvements, agreed upon or agreed in the future except allowances and expenses of locomotion, If the total of the additional remuneration and improvements does not exceed the amount of the plus in each modality year, the Entities shall supplement the plus limit according to the appropriate form.

Section 2. Sages and other economic conditions for the successive years of the convention's validity

Article 36. Economic conditions for the year 2012.

It is agreed to apply the salary tables and other economic concepts set out in Annex III to this Convention by 2012. (Tables and conditions published in the "BOE" of 16 February 2012 by Resolution of 8 February 2012 of the Directorate-General for Employment for the Insurance and Mutual Insurance Entities Sector).

Article 37. Economic conditions for the year 2013.

1. For the year 2013, initially applying the tables set out in Annex IV, a wage increase is agreed in line with the pace of the activity of the Spanish economy measured in terms of Gross Domestic Product (GDP) referred to that year, This means that in order for the wage increase to occur, positive growth of the above GDP will have to be observed, according to the following criteria and scale:

-If there is an increase in GDP in positive terms and this is less than 1%, the wage increase will be 0.6%.

-If the increase in GDP is equal to or greater than 1% and less than 2%, the wage increase will be 1%.

-If the GDP increase is equal to or greater than 2%, the wage increase will be 1.5%.

2. The above criteria and consequent increases in wages, which may be derived from them, will be applied retroactively from 1 January, once the GDP corresponding to the year 2013 has been known, in such a case as to application and payment as a salary revision in a single payment, in the period of two months following the finding of the said data by the Joint Commission of Interpretation of the Convention which will proceed to the approval of the corresponding tables and salary concepts resulting from them.

3. The concepts on which the wage increase will be applied, where appropriate, will be as follows: salary table based on salary level, supplement table for experience, bonus allowances for premiums, Individual adaptation complement, functional plus inspection, plus residence and economic support for housing in the case of relocation.

Article 38. Economic conditions for the year 2014.

1. For the year 2014, a wage increase is agreed according to the pace of the activity of the Spanish economy measured in terms of gross domestic product (GDP) referred to that year, according to the following criteria and scale:

-An initial salary increase of 0.6% is agreed with effect from January 1.

-If the increase in GDP 2014 is equal to or greater than 1% and less than 2%, the wage increase will be 1%.

-If the increase in GDP is equal to or greater than 2%, the wage increase will be 1.5%.

2. The criteria and consequent wage increases which may be derived from them shall be applied retroactively from 1 January.

In the event that the GDP change is equal to or greater than 1%, once known for the year 2014, the percentage of increase that derives from the previous scale will be applied, and its credit as a revision In the period of two months following the finding of this information by the Joint Commission of Interpretation of the Convention which will give the corresponding tables and salary concepts resulting from the that finding.

3. As a safeguard clause for the alleged negative development of the economy in terms of GDP, it is agreed that in the event of a negative change in GDP equal to or greater than -1%, the wage increase initially An application of 0,6% shall be deducted from the increase that is initially planned for 2015.

4. The concepts on which the wage increase will be applied, which are regulated in this article, will be as follows: salary table based on salary level, supplement table for experience, premium compensation supplements, Individual adaptation complement, functional plus inspection, plus residence and economic support for housing in the case of relocation.

Article 39. Economic conditions for the year 2015.

1. For the year 2015, a wage increase is agreed in line with the pace of the activity of the Spanish economy measured in terms of Gross Domestic Product (GDP) referred to that year, according to the following criteria and scale:

-An initial 1% wage increase is agreed with effect from January 1.

-If the 2015 GDP increase is equal to or greater than 2%, the wage increase will be 1.5%.

2. The criteria and consequent wage increases which may be derived from them shall be applied retroactively from 1 January.

In the event that the variation in GDP is equal to or greater than 2%, once known for the year 2015, the percentage of increase resulting from the previous scale will be applied, and its credit as a revision In the period of two months following the finding of this information by the Joint Commission of Interpretation of the Convention which will give the corresponding tables and salary concepts resulting from the that finding.

3. As a safeguard clause for the alleged negative development of the economy in terms of GDP, it is agreed that in the event of a negative change in GDP equal to or greater than -1%, the wage increase initially 1% shall be deducted from the salary increase to be applied for the year 2016.

4. The concepts on which the wage increase will be applied, which are regulated in this article, will be as follows: salary table based on salary level, supplement table for experience, premium compensation supplements, Individual adaptation complement, functional plus inspection, plus residence and economic support for housing in the case of relocation.

Section 3. Ties, suplids, and other concepts

Article 40. Allowances and locomotion costs.

Minimum locomotion allowances and expenses are set as follows:

1. For the year 2012, the amount of the allowance when the employee stays outside the place of his habitual residence shall not be less than the amount shown in Annex III to the Convention for that concept.

Where the diet is not spent outside the usual place of residence, the diet shall not be less than the amount shown in Annex III for that purpose.

2. For the year 2013, the amount of such allowances shall not be less than the amount set out in Annex IV to the Convention for such concepts, resulting from 1 June.

For the successive years of the Convention, the parties shall fix the amounts corresponding to the whole and the average diet, which shall be made known through the Joint Joint Committee, applying to this effect the criteria which are customary for the determination of the amounts corresponding to those concepts, in the light of the evolution of the price index of hotels, restaurants, bars and cafes.

3. As regards the costs of locomotion, when the trip is carried out according to the company, in vehicle owned by the employee or inspector, the minimum cost of the trip on the route previously approved by the company, will be for the year 2012 in Annex III to the Convention for that concept.

For the year 2013, the minimum cost for this concept shall be as set out in Annex IV to the Convention as a price for the km, resulting from 1 June.

For the successive years of the Convention, the parties shall fix the amount of the price of the kilometre to be released by the Joint Committee, applying to this effect the criteria agreed for the determination of the amounts corresponding to that concept according to the evolution of the price of fuels.

The companies will pay the costs of locomotion effectively caused by the efforts made outside the offices of the company, provided that any means of collective transport are used and are carried out according to with the planning of the same ones that the company determines to the effect.

Article 41. Meal compensation per day of departure.

The meal compensation provided for in Article 47 of the Convention on a working day shall be at least equal to the amounts shown below for the years of validity of the Convention: Year 2012 amount set out in the Annex III for this concept; year 2013 10.50 €; year 2014 10.60 € and year 2015 10.70 €.

For the year 2013 the indicated amount will be applicable from 1 June.

Article 42. Economic aid 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 27 of the Convention in its number 5 (d), in order for the worker to get housing in the city to which it would have been moved, is concrete in the following terms:

In the case of transfer to populations of up to one million inhabitants, the transferred employee shall receive housing assistance for the amount set out in Annex III for the year 2012 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 shall be as set out in Annex III for the year 2012 during the first year of move.

For the year 2013, the amount for these concepts shall be the amount shown for them in Annex IV to the Convention, with the adjustments that may be made pursuant to Article 37.

For the successive years of the Convention the economic aid shall be determined in accordance with the provisions of Articles 38 and 39.

Article 43. 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.

These garments will be delivered with a periodicity of 2 per year for those with a permanent continuous use character in a full-time regime. In other situations, such delivery shall be carried out on a sufficient basis to ensure the good decorum, personal presence and, where appropriate, security, of this collective, without prejudice in all cases of the rights acquired in the the scope of the undertaking and those provided for in the legislation in force.

Article 44. Advances.

The staff affected by this Convention, with a minimum of stay in the two-year-old company, will be entitled to the granting of advances to meet extraordinary expenses due to the marriage/divorce of the employees, or serious illness/accident of the employee or first-degree family members (up to 4 monthly salary allowances), as well as tuition fees and books of the employees or their children (up to two monthly salary items).

The causes of the advances, their amounts, as well as the reduction of the minimum length of stay in the company may be extended to be able to generate the right to be granted.

Also in this field, in coordination with the system of advances that may exist in it, the way to justify the cause of the application of the advance, the repayment periods (maximum of two years), will be specified, by means of withholding taxes (up to 20% of the basic salary of each time), as well as the maximum number of applications that can be met and the need for immediate repayment in the event of termination.

Section 4. Special Suppositions

Article 45. Cases of non-application of the Convention.

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 employees in order to proceed with the prior development of a period of consultation under the terms of Article 41.4 of the ET. In the absence 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 agreement is applicable in the undertaking.

4. Any discrepancies which may arise during the negotiations shall be submitted to the Joint Joint Committee for the Interpretation of this Convention, which shall have a maximum of seven days in which to decide. The Joint 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 Commission may express its statement, with reference to the facts which motivate it.

5. Where the intervention of the Joint Joint Committee would have been without agreement, the parties will have to follow the provisions of Article 82.3 of the Staff Regulations, drawing first of all the procedures laid down in the agreements. on a stand-alone conflict solution (ASAC) that is applicable.

Section 5.

Article 46. Character of the economic conditions here regulated.

Without prejudice to the provisions contained in art. 7 of this Convention on regulatory coordination, the economic conditions laid down in this Convention, which are valued as a whole and annual calculation, have the character of minima, with the exception of the priority application which, in any event, corresponds to the business agreements in the terms provided for in Article 84.2 of the Staff Regulations.

CHAPTER VIII

Working Time

Article 47. Working time and distribution.

1. The maximum working day in annual computation shall be 1,700 hours of effective annual calculation.

2. The existing lower days in the field of enterprise must be respected in those cases where, before the entry into force of this Convention, there was a agreed, agreed or mandatory working day setting out a calculation less than the year set at number 1.

3. Interruptions which may occur during the day on the occasion of the so-called rest period or breakfast break are not considered to be effective working time, but shall be maintained as an effective working time in those working hours. undertakings in which such consideration is expressly provided.

4. The hourly distribution of the annual working day may be carried out on an irregular basis throughout the year, with due regard to the legally provided minimum daily and weekly rest periods.

5. For the purposes of not exceeding the annual calculation of the day laid down in this Convention, it shall be ensured that the excess over that calculation may be carried out on days of the adjustment to the calendar of parties of each year. For different time adjustments, the negotiation forecasts referred to in paragraph 8 of this Article shall be followed.

6. The number of hours in annual accounts fixed at number 1 may be required by undertakings, except for sickness, accident, leave or rest periods provided for in the legislation in force or in this General Convention, and work contract suspension cases.

7. In general, the working hours shall be on a working day, regulated in accordance with the guidelines and criteria laid down in this Article.

However, the continuous day will be maintained in those Companies that are doing it.

The passage from one time distribution to another will be done by agreement with the legal representation of the workers following the guidelines and criteria set out in this Convention.

8. In the field of enterprise, other different time distributions may be agreed upon, continued and/or items, by collective bargaining through agreement or agreement and in accordance with the criteria and guidelines of this agreement.

9. A Jornada partida.

The time distribution of the starting day will be performed according to the following guidelines and criteria:

(a) The reference times for the entry and exit of the work shall be 8 and 17.30 hours respectively, with the possibility of applying a time flexibility from the time of entry and departure of up to 60 minutes.

b) The meal time may not be less than one hour and not more than two hours.

(c) Provided that the time for food is within these margins, a meal compensation shall be entitled in the terms set out in Article 41 of this Convention, per day worked on a working day, (a) to be delivered unless the undertaking is providing a restaurant or dining room at the centre of work or its immediate vicinity, or unless other equivalent compensation has been agreed which, for its purpose or nature, they would have originated to compensate for this concept by day.

The company may replace indirect dining service delivery formulas that may be available for cash delivery of the amount stated above.

(d) Always tending to the organizational and functional characteristics of the Company, it will tend to establish the continuous day from 8 to 15 hours for the summer period (from 15 June to 15 September), as well as the book of every Saturday of the year.

e) It is established, in general, the continuous day in the hours of tomorrow for all Fridays of the year.

The "Special Suppositions", as provided for in Article 48 of this Convention, as well as the "Peculiarities of MATEPSS", as provided for in Article 50 of this Convention, are excepted.

9. B Continued day.

The hourly distribution of the continuous day will be performed according to the following guidelines or criteria:

a) All months of the year, except May to October, 8 to 15 hours, Monday through Saturday, inclusive. Months of May, June, July, August, September and October, 8 to 15 hours, Monday to Friday inclusive.

(b) For the purposes of not exceeding the annual calculation of the day, each company shall adjust that timetable and may increase, where appropriate, the number of Saturdays in which it is paid.

10. In accordance with the provisions laid down for drawing up the work schedule, a copy of the work calendar must be included in each work centre.

11. The annual calendar day set out in numbers 1 and 3 of this Article shall not be altered, or in more or less, as a result of the hourly distribution of the day, the calendar of holidays, or the distribution of the period of holidays.

12. In cases where the provisions of this Article provide for a change in the schedule of the time of the co-existence of different schedules, the worker shall, for a period of up to six months after the date of his/her the change, you may request the reinstatement of the previous general day, if it still exists in the company. Such a request may be made after the expiry of that 6-month period if the worker needs justified, unique and serious needs.

13. Where part-time work is carried out, the economic and labour conditions arising from this General Convention shall also be adapted in proportion, except for expenditure or to be covered by the text of the Convention.

14.1 Regardless of the regulation contained in this Article and the provisions of Article 48 on special cases, by agreement between the company and the workers ' representatives, in the development of the Article 34.2 of the Staff Regulations, other irregular distribution of the working 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 with the communication of their reasoned proposals, whether they relate to an irregular distribution throughout the year, or are referred 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.

The interlocutory to the management of the company in the consultation procedure will correspond to the trade union sections when they so agree, provided that they add up the majority of the members of the business committee or between the personnel delegates.

The employer and the representation of workers may agree to replace the period of consultation with the mediation or arbitration procedure of the Joint Committee for Interpretation of the Convention, which is develop within a maximum of 7 days.

14.2 In default, the company will be able to 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 5 days ' notice on the day and time of the resulting work.

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 hourly compensation shall take place within a maximum of 4 months following its completion, by means of rest time, in units of time equivalent to those which are compensated, with its enjoyment within of this period, depending on the organisational needs of the undertaking which may, where appropriate, make such compensation in full working days.

Article 48. Special assumptions.

Through the corresponding collective bargaining channels with the legal representation of workers, in those companies and activities of the sector such as: companies or branches of travel assistance, deaths, centers or health facilities, computer services, maintenance personnel, security surveillance, call centres, authorization of health benefits, and other similar services to require special attention, derived from the nature of the function, from the necessary attention to distribution channels and network commercial, or the location of the service provision, must work with special time distributions, different day distributions may be established from those established in general, or in shifts of up to 24 hours, in full respect of the conditions and minimums laid down in this respect in the labour regulations and in this convention on special working days, shifts, work in public holidays and night work.

Article 49. Shift work, night work and in public holidays.

1. Work in shifts, in public holidays and night work shall be organised on the basis of the criteria and guidelines set out in this Convention and, in any case, safeguarding the principles and guarantees provided for in these arrangements. in the Staff Regulations and other current labour regulations.

2. In continuous 24-hour work processes, workers must be attached to a shift. Shifts may be fixed shifts or rotating shifts, favouring the permanence of each worker, in a stable manner, in a given shift.

The vacancies will be offered in the different day shifts to the workers in the night shift, who will have preference, according to the seniority in the night shift, to occupy them.

The planning of the shifts shall be communicated as far as possible to the workers who carry them out, who must be aware of them at least 120 days in advance, with the aim of reaching a minimum. progressive annual planning of shifts over the period of the Convention's duration.

3. Plus rotating turntics: To compensate for the greater effort required by rotating shift work, and unless such a circumstance has already been taken into account when the salary is fixed, a Plus per rotating turnness is established. the month in which the same has been produced, consisting of at least 20% of the basic monthly salary for those workers who are subject to hourly rotation for work shifts, as long as this is maintained.

4. Night work: It is considered that night work is regulated as such in the current labour law and, except that the salary has been established on the basis that the work is night by its nature or has been agreed to its compensation for breaks, the hours worked during the night period shall have the specific remuneration to be determined by collective bargaining at the enterprise level, without the latter being less than an increase of 15% calculated on the basis of the the basic monthly salary, or 40% in the case of the special night shifts of 24 and 31 In December, with the exception, all of this, of the application priority corresponding to the agreements of the company according to the forecasts that are regulated in article 84.2 of the Staff Regulations.

5. Work in public holidays: Unless the workers have been hired especially to carry out their work in public holidays and in their remuneration this circumstance has been taken into account, the work performed in the days will be compensated interweekly holidays, with the increase which, if any, is agreed in the field of enterprise. In the absence of agreement such compensation may not be less than 15% on the basis of the basic salary for a non-public holiday, and 40% in the case of 25 December and 1 January, taking the basic salary as a reference monthly.

6. In the case where the rotating turntuses and the nocturnity are regulated at the same time, a higher percentage or economic amount shall be charged.

7. The holiday allowance shall be paid for the turnicity and the nocturnal plusses, provided that they are workers assigned to them and who come from them as usual.

8. With the aim of avoiding duplicity of payments which may exist for the same concepts, the previous compensation for rotating turnties, night work, in public holidays and in special holidays, will compensate, as far as they reach, the remuneration and improvements, whatever their name, which on these minima would be currently paid by the companies, taking into account the fact that the work is night, paper or bank.

Article 50. Special features of the Occupational Accident and Occupational Diseases Mutuals.

1. In those Health Centres of the Mutual Insurance and Occupational Safety and Occupational Diseases of Occupational Safety and Occupational Diseases in which an annual calculation of more than that set out in this Convention for the entire Sector was exceptionally maintained, it shall be adjusted to the rest of the workers in the Sector by means of formulas agreed with the workers ' representatives, provided that the coverage of the services of the various work shifts is guaranteed.

This measure will entail the proportional adjustment of the remuneration to the effectively developed day.

2. In view of the special characteristics of the care centres of the MATEPSS, whose operation is required by the needs of the insured collective, the staff assigned to these centres will be able to develop their functions within the period from 8 to 22 hours, respecting the daily limits of the day and taking into account the current situations of legal day that it is developing.

Days that may be agreed upon with the entry into force of this Convention shall be in accordance with the provisions of this Convention.

In no case shall the annual day be higher than the maximum established in general in this Convention.

If at the time of the entry into force of this Convention there were any non-timeslot employees, whose day was performed under the modality of more than two instalments, this would be reduced to two, by means of the In the case of workers ' representatives and the company, with the exception, all this, of the application priority corresponding to the agreements of the company according to the forecasts that it is regulate in Article 84.2 of the Staff Regulations.

In the specific cases of those care centers whose activity must necessarily be developed during the 24 hours of the day, after agreement between the center's management and the legal representation of the workers, establish the system of work at fixed or rotating shifts, favouring, as far as possible, the permanence of each worker in a stable manner on a given shift.

3. In the cases of accidents at work and occupational diseases of the social security system, which have hospital centres whose activity is carried out in shifts of tomorrow, evening and evening, without prejudice to current situations and, after agreement between the management and the legal representation of the employees, such shifts may be of a fixed or rotating nature, favouring, as far as possible, the permanence of each worker in a stable manner on a given shift.

Workers who take fixed night shifts will have the right of preference, according to seniority in the night shift, to fill vacancies or new jobs that occur in shifts of the day, provided that the the organisational needs of the centre so permit and the applicants possess the appropriate skills for the vacant post, all without prejudice to the provisions of Article 36 (4) of the Staff Regulations.

4. The Directorate of the Mutual Fund, taking into account in each case the organizational needs of the respective Hospital Centres, shall, if appropriate, carry out an equitable distribution of the rotating calendar of Sundays and holidays with respect to the staff of the staff in turn (a) fixed, after it has been communicated to the employees ' representatives, who may make the arguments they deem appropriate.

Guards that do not require the physical presence of the worker, although if they are available in an emergency (located guards), they will be compensated by agreement at the level of Mutua.

5. For the health personnel assigned to the Hospital and the Hospital, the days of the book, which, if any, could be derived from the forecast contained in Article 47, number 5 of the Convention, will be cumulable to the holidays and subject to the the same scheme, unless otherwise agreed or agreed between the parties.

Article 51. Holiday Insurance Day.

It is declared a holiday, for work purposes, on the 14th of May, the date of the Day of Insurance, being able to transfer its enjoyment to a different date if it is agreed in the field of enterprise.

The consideration of such a day as a public holiday shall not be liable to imply a minoride of the annual calculation of the day set out in Article 47.

Article 52. 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 preferably be offset by rest time, at a rate of at least equal to the value of the ordinary hour, with the aim of not being prejudiced by the normal operation and organisation of work. Such compensation shall be made by means of rest, unless otherwise provided for by the parties, within 4 months of the overtime.

3. For reasons of employment policy, it is agreed that in no case shall the value of the extraordinary hour be greater than the value of the ordinary hour, when the remuneration of the ordinary hour is chosen.

4.1 Nature of overtime. Criteria:

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

b) Extraordinary structural hours, required by orders or peak periods of production, unforeseen absences, shift changes, unanticipated incidents or other structural circumstances arising from the activity of undertakings falling within the 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.

4.2 Night work. -In any case, overtime work is prohibited in night work, except for the provisions contained in the regulations on special working days.

5. The Company's Management will report monthly to the Enterprise Committee, Staff Delegates and Trade Union Delegates on the number of overtime hours, specifying their causes and their distribution.

Also, depending on the above typology and the information received, the company and the legal representatives of the workers will determine the nature and nature of the overtime.

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

Article 53. Holidays.

1. The staff affected by the General Convention, present on 1 January of each year, shall enjoy within 24 working days of annual leave.

2. These 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 set out in Article 47 or the lower one which has been made.

4. The period or periods of enjoyment of the holiday shall be fixed by common agreement between the employer and the worker, preferably between 15 June and 15 September, both inclusive.

In the holiday distribution, it will be ensured that at least 11 consecutive working days are enjoyed within the so-called summer period (15 June to 15 September).

The company 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 company bodies, in order to maintain operation of the services of the same.

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. In the field of enterprise, a different system of holidays may be agreed, depending on the distribution and organisation 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.

Where the holiday period fixed in the holiday calendar of the undertaking referred to in the preceding paragraph coincides in time with a temporary incapacity, it shall be within the meaning of Article 38 (3) of the Treaty. Staff Regulations.

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 for the excess, compensating it by means of a cash deduction from the final settlement to be paid by the person concerned.

8. Workers who in the course of the year in question are 60 or more years of age, and until the statutory retirement age is legally established, shall have increased the holidays covered by this Article in accordance with the following scale: 60, 61 and 62 years of age, 2 working days; 63, 64, and 65 years of age, 4 working days.

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

Article 54. 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, 15 calendar days.

(b) Two working days, extended to a maximum of one month without pay from the third day, in the case of birth of a child, or a regime of acceptance or adoption, and by death, accident or serious illness, hospitalization or surgical intervention without hospitalization that requires home rest, the spouse or relatives up to the second degree of consanguinity or affinity. Where, for that reason, the worker needs to make a posting to the effect, the time limit shall be four days, two of which shall be at least labour. It will be optional for the sick family member to determine whether or not the disease or accident is serious.

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 3 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 for 48 hours in advance.

2. The days of paid leave covered by the previous No 1 shall be construed as referring to calendar days, except for the express references in the same day to working days.

Such permits must be enjoyed on the date the situation arises, without being able to move them to immediate natural or working days. However, in the event of an accident or serious illness, hospitalization or surgical intervention without hospitalization that requires home rest, the days of leave may be enjoyed as long as the causative cause of the accident remains. permission.

3. In the case of child birth, adoption or acceptance in accordance with Article 45.1 (d) of the Staff Regulations, for the breastfeeding of the child until the child is 9 months old, the workers shall be entitled to a reduction in the working day Normal working time in one hour, which can be divided into two fractions. The duration of the permit shall be increased proportionally in the cases of birth, adoption or multiple acceptance.

Who exercises this right, by its will, formally expressed before the time of its reinstatement after the maternity period, may replace it with a paid leave of 15 working days with the same purpose, for the assumption of a single child, and of 14 working days for each child, including the first child, in the multiple-birth assumptions, to enjoy in both cases uninterrupted following the maternity discharge.

This permit constitutes an individual right of workers, men or women, but may only be exercised by one of the parents in case both work, certifying by certification of the company in which work the other, which has not exercised in the same right the right that is regulated.

In cases of birth of premature children or who are required to remain hospitalized after delivery, the provisions of Article 37.4 (a) of the Workers ' Statute shall apply.

4. Those who, for reasons of legal guardian, have a direct care of a person of 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 reduction in the working day, with the proportional reduction of the salary between at least one eighth and a maximum of half the duration of that.

In accordance with the provisions of Article 37.5 of the Staff Regulations, it shall be the same as the right to take care of the direct care of a family member, up to the second degree of consanguinity or affinity, Reasons of age, accident or illness cannot be used by yourself, and do not carry out paid activity.

For cases of parent, adopter or welcoming in the case of hospitalization and continued treatment of a minor in his or her care for cancer or for any other serious illness involving long-term hospital admission duration requiring the need for their direct care, in the terms of the art. 37.5 of the Staff Regulations shall be as laid down in such a provision as to the exercise of the right to which it is governed, and its scope.

5. In accordance with the provisions of Article 37.6 of the Staff Regulations, the time-frame and the determination of the period of enjoyment of the breastfeeding permit and the reduction in working time provided for in paragraphs 3 and 4 of this Article Article, shall correspond to the worker, within his ordinary day. The worker shall be required to notify the employer 15 days in advance of the date on which he/she will return to his/her ordinary day.

6. The worker, subject to notice and justification, may be absent from work for private matters up to a maximum of 24 hours per year, giving the undertaking notice of at least 48 hours in advance, provided that the circumstances and nature of the case permit. In these cases, the hours or days to be enjoyed shall be in return for recovery, or for a holiday account, or without entitlement to remuneration, by mutual agreement of any of these possibilities.

Article 55. Unpaid leave.

The worker with at least one year's age in the one-year-old company will be entitled to be granted a unpaid leave of up to one month, which may be enjoyed at minimum periods of 15 days, to attend to any of the following extraordinary assumptions: adoption processes abroad; need for assistance to a first-degree family member due to severe illness, hospitalization or disability; submission to assisted reproductive techniques.

These circumstances must be credited by the worker applying for the unpaid leave. The worker who has enjoyed it shall not be eligible for another under the same circumstance until a minimum period of one year has elapsed since the end of the previous year.

Such unpaid licences shall entail the suspension of the contract of employment, not counting for the purpose of seniority in the undertaking for the duration of the contract.

Article 56. Part-time maternity break.

The periods of rest for maternity, adoption or accommodation referred to in Article 48 (4) of the Staff Regulations may be enjoyed on a part-time basis, subject to agreement between the undertaking and the worker concerned, in the terms of the regulatory development of the said statutory precept.

CHAPTER IX

Exceed and Other Assumptions

Article 57. Excess.

1. The suspension of the contract of employment for a given period of time shall be deemed to exceed, in accordance with the provisions laid down in the Staff Regulations and the following rules.

2. The excess may be voluntary or forced.

3. The enforced leave, in accordance with the assumptions which are then regulated, shall be entitled to the retention of the job and to the calculation of the age of its validity.

Force shall be granted leave of absence to designated or elected workers for the performance of a representative public office which makes it impossible for work to be assisted; likewise, they may apply for their transition to the status of leave of absence. workers exercising union functions at a provincial or higher level for the duration of the exercise of their representative office.

4. In the terms of Article 3 of art. 46 of the Workers ' Statute, workers shall be entitled to a period of leave of absence, not exceeding three years, in order to take care of the care of each child, whether by nature or by adoption or in the case of a child. permanent as a preadoptive, to be counted from the date of birth or, where appropriate, of the judicial or administrative decision.

They shall also be entitled to a period of leave of absence of not more than three years, workers to care for the care of the spouse or a family member up to the second degree of consanguinity or affinity, which for reasons of age, accident, illness or disability cannot be used by yourself, and do not carry out paid activity.

In accordance with Article 46 (3) of the Staff Regulations, the period in which the worker remains in a situation of leave of absence in accordance with this paragraph shall be computable for the purposes of seniority and the worker shall be entitled to attend vocational training courses, the participation of which must be convened by the employer, in particular on the occasion of his/her reinstatement. During the first year you will be entitled to the reservation of your job. After that period, the reserve shall be referred to a post of the same professional group or equivalent category.

5. The worker with at least one year's age in the company has the right to be recognised as being on a voluntary basis for a period of not less than four months and no longer than five years. This right may only be exercised by the same worker again if four years have elapsed since the end of the previous leave.

The worker in a situation of voluntary leave, 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, not to be used for the purposes of effective presence in the company. Their cause may not be the work or dedication to any activity of those included in the functional scope of this Convention.

6. In development of the art number 6. 46 of the Staff Regulations, the following is a case of a surplus which will entitle the reserve to the job:

The worker with at least one year's seniority in the Company will be entitled to be recognized as a surplus, the duration of which will not be less than 3 months and not more than 1 year, provided that his cause is motivated by any of the following circumstances:

a) Need for medical treatment for rehabilitation or recovery reasons not included in a temporary disability situation.

b) Realization of studies related to the professional role played or to be performed in the Company, as well as their professional projection in the company. For this case the worker must be at least 2 years old in the company.

You will not be able to enjoy the excess of 10% of the staff of the staff of a work centre, or more than 10 employees of that centre, at the same time. Such leave may not be requested again by the worker until three years have elapsed since the end of the preceding year.

7. In order to obtain any kind of excess, the employee must inform the company of his/her written request a month in advance, at least, to the date on which he/she should start taking effect. Likewise, upon termination, a notice of 1 month will be required so that the corresponding right to return to work can be made effective.

8. The undertakings, in line with the provisions of Article 64.1 of the Staff Regulations, shall provide regular information to the legal representation of workers on the relationship of workers in a situation of leave of absence and the period of the same.

9. If the position of the surplus worker is covered, it may be done by means of external procurement or internal supply.

10. For the purposes of paragraph 5 of this Article, 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 concurrency of technical, economic, organizational, or production circumstances that motivate it.

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 7, 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 58. Other assumptions.

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 XI on the legal order of offences and penalties will be provided.

CHAPTER X

Social Forecast

Article 59. Supplementary benefits due to temporary incapacity or maternity.

When you are in a situation of temporary incapacity or maternity or risk during pregnancy and during that circumstance, the company will pay its staff the difference between the benefit received from the General Regime. of the Social Security and the salary that it would have to be providing its services normally, without this obligation being extended for more than 18 months.

In no case will the payment of the supplement in charge of the company during these situations be assumed for the employee perceptions as a whole superior to those that would correspond to him or her to be providing his services normally.

Article 60. Life insurance.

1. As a complement to the perceptions granted by the Social Security system in its contributory mode, the companies will grant, to their sole office, for the employees a group insurance, renewable temporary modality annually, covering the risks of death and capital advance in cases of total permanent incapacity, absolute permanent incapacity or great invalidity for the following capitals for all professional groups:

Years 2013, 2014 and 2015: 23,000 € with supplementary guarantee to grant double capital payment (€ 46,000) for the case of death by accident, whether or not it is a work.

Once the insured capital has been anticipated on the grounds of permanent invalidity, the insurance that is regulated will have been met with respect to the declared invalid worker.

Life insurance shall be maintained during the first year in the specific situations of leave of absence due to child care or dependent family care provided for in Article 57.4 of this Convention, provided that the Surplus worker shows their express compliance in this respect and during that situation is not working for another company.

2. The insurance cover for the risk of death shall be extended for retired employees from 31/12/96 until they are 70 years of age, in the following terms: for a 50% insured capital of which it was at the time of your retirement. This regulation is without prejudice to the fact that the retired worker can expressly and voluntarily renounce the extension of the said insurance.

3. This article, with the capital and cover it establishes, shall enter into force and take effect after 30 days after the publication of the Convention on the BOE, extending until that time of its entry into force the capitals and hedges secured under the previous Convention.

Article 61. Retirement.

1. In order to promote an adequate employment policy in the sector and to mitigate as far as possible the existing unemployment situation at a general level, if retirement will be requested by the employee in the month in which he or she meets the established normal age in the legislation of Social Security to be entitled to the retirement pension, the following rights will be generated in your favour, in the following terms:

A) Economic compensation for life in charge of the undertaking for the assumption that the pension or pension which is received from the Social Security System or other compulsory social welfare schemes does not reach the so-called 'minimum annual remuneration' allocated at the time of retirement, in such a case that the difference is equal to the 'remuneration'.

For these purposes, the term "minimum annual remuneration" means the equivalent of the following amounts for each of the professional groups listed below: Group I, 80% of the salary table base salary allocated at the time of retirement, for 15 pages; group II, 95% of the salary table base salary allocated at the time of retirement, for 15 pages; group III, 115% of the salary table base salary allocated at the time of retirement, for 15 pages. With proportional application in part-time assumptions.

For the professional group 0 will be taken into consideration as established for the professional group I, referred to the salary level 1.

The worker affected by the termination of the employment contract must have the minimum contribution period covered, and comply with the other requirements required by the Social Security legislation to be entitled to the pension retirement in your contributory mode.

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 company.

If for lack of the necessary years of contribution, the Social Security pension will not reach 100 per 100 of the regulatory basis, in order to determine whether or not there is economic compensation in charge of the company, will be applied to the minimum annual remuneration quoted, the same percentage taken into account for the fixing of the Social Security pension.

The provisions of numbers 1 and 2 on the economic compensation for life in charge of the company shall not apply to the staff of new income contracted from 9 June 1986, who shall have their retirement, exclusively, the rights which the general rules which apply to it at the time are recognised. However, personnel who, as at 9 June 1986, are working with any undertaking within the scope of this Convention, shall retain the rights granted in numbers 1 and 2 of this Article. the circumstance expressed at the time of the new contract is credited for its part.

B) Economic incentive for retirement. If retirement is requested by the employee in the month in which he or she meets the ordinary retirement age established at any time by the Social Security legislation in order to be entitled to the retirement pension, the company shall pay for a single pension. time, a monthly fee for every five years of service, with a maximum of ten monthly payments, the maximum of which will be reached for the thirty years of service in the company in which the employee retires. If retirement occurs after that age, the company shall not pay any amount, except where applicable, the compensation provided for in point (A) of this Article.

The monthly allowance referred to in this paragraph (B) will be made up of the following concepts which, in each case, will be collected: salary-level basic salary, experience supplement, adaptation supplement individualised and plus residence. All to the extent that they are covered and regulated in this Convention and referred to the last month in which the employee retires.

In the case of a partial retirement with a replacement contract, the compensation provided for in the terms of this paragraph (B) shall correspond, provided that the total retirement occurs at the request of the worker in the month in which he or she meets. the ordinary retirement age. In such cases, the monthly payment shall be made up of the same concepts as in the preceding paragraph, in so far as they are covered by this Convention, in respect of the last month in which the employee is entitled to retire. (a) the total, if adjusted proportionally, to the last day the worker would have had before moving on to this partial retirement situation.

2. The regulation contained in paragraph 1 (A) above is related to the system of calculation of Social Security pensions derived from Law 27/2011 of 1 August, in such a way that if by legal provision such a system is modified, The Joint Joint Committee will meet and, depending on the conditions that will differentiate the new regime from the current one will be carried out the economic criteria that regulates the present article to the new situation.

3. In the field of each undertaking, by agreement with the representation of workers, social provision systems, substitutes or supplementary systems, other than those laid down in this Article, may be regulated or established for the purpose of retirement contingency.

4. Within the time limit and in the terms covered by the rules in force on pension schemes and funds, the undertakings will proceed to the implementation of the retirement commitments referred to in this Article through any of the instruments provided for in that regulation.

CHAPTER XI

Legal and sanctions management

Article 62. Definition and general principles.

1. Any action or omission involving an infringement or non-performance of labour duties arising from the provisions of this Chapter or other existing working rules, whether legal or contractual, is considered to be lacking.

2. Prevention: Policies for the management and development of human resources that contribute to the generation of adequate social climate will be promoted, providing, where appropriate, possible aid procedures in situations requiring recovery measures or rehabilitation.

3. The faults may be sanctioned by the Management of the Company, without prejudice to the proposal that may be formulated by the Legal Representation of the Workers, in accordance with the graduation and procedure laid down in the following Articles, respecting the law in force and the legal principles that make it up:

-Principle of legality and typicality: It is a general rule that unlawful conduct and sanctions to be imposed are established and determined on the basis of the law (article 58 ET).

-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 EC and 17 ET).

-Principle of proportionality and equanimity: Balance to exist between the offending 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 ILO Convention 158.

-Principle of jurisdictional protection of rights: Sanctions imposed by the company may always be challenged by the worker before the competent jurisdiction in accordance with the procedure laid down in Articles 114 and following from the Labor Procedure Act.

Article 63. Graduation from fouls.

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

1. Minor faults. All of those that conduct a lack of due diligence or excusable neglect do not cause quantifiable damage within the scope of this ordination; among which the following must be considered:

a) From three to five unjustified punctuality faults in the one month period.

For these purposes, those defined as such in the following Article 64 on delays shall be considered as non-punctuality.

(b) Abandonment of the post without a justified cause, even if it is for a short period of time, provided that the same does not result in serious injury to the company, since in such a case the qualification would be accordingly.

c) No prior notification or within 24 hours of the reasons for the absence to work, except for force majeure.

In jobs that are directly related to health care, the communication of absence will be made before the start of the working day, unless it is proved impossible to have done so.

d) The lack of assistance for a day's work in 1 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 the day in question.

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

(f) Neglect in the conservation of premises, material or documentation of the company that cause damage to the premises.

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

h) Not to notify the company of the place of notification (or modification) of the official communications of the company, regardless of the place of residence of the worker.

2. Serious misconduct. All those involving gross negligence or indiscipline, may be liable to a quantifiable effect on the production process and/or to be in breach of laws, regulations or conventional laws; consider including the following:

a) From six to nine unjustified punctuality faults in the one month period.

For these purposes, qualified as such in the following Article 64, on delays, will be considered as non-punctuality.

b) Lack of assistance to two-day work within a period of 1 month, without proper authorization or cause to justify it.

c) The omission or non-malicious processing or distortion of data or communications that have a quantifiable impact on Social Security.

d) Disobedience to orders from superiors, as well as non-compliance with the entity's specific rules.

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

f) The lack of grooming and personal cleansing when it is such that it affects the normal development of the work, the image of the company, or produces justified and repeated complaints from the companions. Also the lack of hygiene standards for health personnel that may pose a risk to patients. The prior warning effect shall be deemed necessary.

g) Failure to comply with the statutory, regulatory or conventional obligations imposed on the worker in the field of occupational safety, occupational safety and health, where the same source of 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.

h) Perform particular work during the working day, as well as use for own materials of the Company without proper authorization.

i) Unusual drunkenness or analogous situation arising from the consumption of psychotropic or similar products, highlighted during work.

(j) The originating rines, bathrobes or serious discussions that hinder the normal activity of the company.

k) The negligence, disinterest or inexcusable neglect in the provision of the service provided that it would result in serious injury to the company, persons or things.

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

m) Abandonment of the job without justified cause when, as a result of it, quantifiable damage is caused for the company.

n) Abuse in the use of electronic media or technological tools established in the company.

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

3. Very serious faults. All those that involve conduct that adversely affect the production process, and/or constitute an infringement of laws, regulations or conventions; among which the following:

(a) Fraud, disloyalty and breach of trust in the efforts entrusted to them.

b) The theft or theft, both to the company and to the coworkers or to any other person within the company's premises or during work anywhere else.

c) The simulation of disease or accident, as well as the simulation of the presence of another worker in the company. The same rating will apply to the non-existent cause allegation assumptions for obtaining permission.

d) Ten or more unjustified punctuality faults in the one month period.

e) The lack of three-day work assistance within a period of one month without proper authorization or cause to justify it.

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

g) The violation or violation of the secret of correspondence or of reserved documents, or must-reserve data that produces serious harm to the organization and operation of the company.

h) The voluntary distortion of company data and information.

i) 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.

j) Develop an activity, on its own or outside, that is in unfair competition with the activity of the Company.

(k) Acts of sexual harassment, or because of sex, or of moral harassment, being considered to be of special gravity those directed to persons who are subordinate to insider trading.

(l) abusive acts or misuse of powers in the exercise of command functions, including those conduct which may constitute the so-called moral harassment. The person who suffers it will immediately put it in the knowledge of the company's management, either directly or through the legal representation of the workers. In any event, the action of a superior who is an infringement of a legal precept with obvious and direct harm to the employee shall be regarded as an abusive act. The exercise of disciplinary authority by the employer shall exhaust the responsibility of the employer.

m) Disobedience to the orders of the superiors, as well as the non-compliance with the specific rules of the entity that involve a manifest of discipline or of them derive serious injury to the company.

n) The fraudulent use of electronic media or technological tools established in the company.

n) The recidivism in the commission of serious misconduct, 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 the same.

Article 64. Delays.

For the purposes outlined in this legal order of faults and penalties, the delays in the entry to the work listed below will be considered as a lack 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 10 minutes.

Lower delays within the indicated 10-minute margin will not be qualified as a lack of punctuality, although this period will have the consideration of time due to work for the corresponding effects.

Article 65. Sanctioning procedure.

1. Legal regime:

1.1 The power to impose sanctions is the responsibility of the company's management, who shall exercise it in the manner set out in this Convention and in accordance with the provisions of the Workers ' Statute.

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

1.3 In the case of serious and very serious misconduct, provided that the nature and circumstances of the facts so permit and the statutory time limits are not exhausted, the worker shall have four working days to reply to the communication made by the company on the facts that are imputed to it. After that period the undertaking shall communicate, where appropriate, the penalty imposed.

The time limit referred to in the previous paragraph shall be mandatory, thereby making it compatible with the provisions of the prescription.

Serious and very serious faults will require written communication from the company to the worker, stating the date and facts that motivate it.

The worker, for his part, will have to sign the corresponding "knowledge", with any other form of proof of the receipt by the worker of the company's communication.

1.4 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 4 days of prior communication to the worker referred to in paragraph 1.3 of this Article.

These circumstances will be brought to the attention of the legal representation of the employees, provided that the worker concerned so requests, in any case the company will formally inform him, in writing, of the right.

1.5 The imposition of penalties for serious and very serious misconduct will be notified to the legal representation of workers in the company.

1.6 Dealing with penalties for serious or very serious misconduct for workers affiliated to a trade union, and formally establishing this circumstance to the company, must be given prior to the corresponding trade union delegate in the company.

1.7 In the case of serious or very serious misconduct by members of the business committee, staff delegates or trade union delegates, the opening of the contradictory file in which they will be heard will be mandatory, apart from the interested, the Business Committee or other staff and/or trade union delegates.

The communication of opening of such a file will result in the beginning of the four-day period for the prior hearing, including the date, the facts on which it is based, and the normative infringement that it is accused of. In the course of this procedure, the appropriate arguments and evidence may be used and provided as far as their right is concerned. It can be extended up to ten more days if the person concerned is urged to do so.

The contradictory file is finalized, if any, the imposition of the penalty, or the cancellation of the case, will be understood during the processing of the same suspended the periods of limitation of the fault.

1.8 The worker may challenge the sanction that would have been imposed on him by application to the competent jurisdiction, in the terms governed by the Regulatory Law of Social Jurisdiction (Articles 114 et seq.).

2. Extra-judicial solutions: Without prejudice to the legal regime mentioned in the previous number, the undersigned organisations consider it positive to deepen the possibilities of the procedures provided for in Chapter XV of the Convention. general (Joint Joint Committee).

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 66. Prescription.

The company's ability to sanction will be prescribed for minor fouls at 10 days; for serious misconduct at 20 days, and for very serious ones at 60 days, from the date the company became aware of its (a) the Commission shall, in any event, within six months of its task.

Now, in those cases where the fault is discovered as a consequence of the audit, the computation of the time limits indicated above shall begin from the date on which the corresponding auditor's report is issued.

Article 67. Penalties.

The maximum penalties that can be imposed in each case, taking into account the seriousness of the misconduct, will be as follows:

A) For minor faults:

-Verbal assembly.

-Amonstation in writing.

-Suspension of employment and salary up to 2 days.

B) For severe faults:

-Amonstation in writing.

-Suspension of employment and pay from 3 to 15 days.

C) For very serious faults:

-Suspension of employment and salary from 16 to 60 days.

-Temporary disablement for promotion for a period of up to three years.

-Disciplinary dismissal.

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 6 months, the serious ones at 18 months and the very serious ones at 36 months.

The cancellation may, where appropriate, operate with shorter deadlines, at the request of the data subject and in accordance with the circumstances.

CHAPTER XII

Safety and Health at Work

Article 69. General disposition.

As many matters affect safety and health at work, the Law 31/1995 of 8 November, on the Prevention of Occupational Risks, regulatory provisions for development and consistent standards, will apply.

Article 70. Health surveillance.

Companies based on the risks inherent in the work will ensure that workers are monitored for their health status in the terms of the Law on the Prevention of Occupational Risks.

Article 71. Staff representation in the field of Safety and Health at Work.

This will be in line with the Law on the Prevention of Occupational Risks in the field of Prevention and Safety and Health Committees.

The Committee on Safety and Health and the Delegates of Prevention will have all those functions and powers that the Law attributes to them and, in particular, to the prevention of occupational risks and reduction of accidents. work.

In the field of enterprise and by collective bargaining with the legal representation of workers, the creation of State Health and Safety Committees can be agreed, with union representation proportional to the results. election.

The agreement on the establishment of the State Committee shall develop aspects relating to its composition, functions and resources for the proper performance of its tasks.

Article 72. Specific prevention.

1. The staff who carry out their activity in radiology, radiotherapy and nuclear medicine, as well as staff working with equipment which will carry out these risks of ionizing radiation, will be provided with the elements of personal protection. which are necessary in accordance with the provisions and rules in force on Occupational Safety and Health. These employees must be provided with individual radiation dosimeters to be controlled by specialised centres or entities, adopting, in the case of excess radiation, the precautionary measures they advise and those established in the the provisions in force.

The appropriate medical examinations and blood tests shall be carried out, with the periodicity to determine the provisions on the subject.

The Committee on Safety and Health, or otherwise 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.

2. With regard to new IT technologies, companies, whether heard by the Committee on Safety and Health or the representatives of workers who perform such functions, shall observe the necessary preventive measures to ensure that the conditions and means of work do not alter the health of the worker, facilitating the ergonomie measures sufficient to ensure that the working conditions of the staff who, preferably, handle computer equipment, do not have any particular impact on the worker's health. reason for the health of the worker, such as: environmental luminosity, removal of reflexes luminaires, anatomical and functional furniture, etc.

By companies, special attention will be paid to ensure that the use of equipment that includes display screens by workers does not result in risks to the safety and health of workers.

To this effect, it will be of special observance the regulations in force on the matter, currently Royal Decree 488/1997, of April 14, on minimum safety and health provisions regarding the work with equipment that include display screens, in order to the corresponding risk assessment for the safety and health of workers, in accordance with the provisions of such legislation.

3. In addition to the provisions of the Act referred to above, the health centres and facilities shall be taken into account for specific provisions which may be established or established by the authorities in each case concerned.

Article 73. Training.

1. It is the criterion of the parties to this General Convention that training in the field of prevention, in accordance with Article 19 of the Law on the Prevention of Occupational Risks, is part of the training programmes and projects which are develop in enterprises as a complement to professional qualifications and to promote awareness in this field at all levels of enterprise.

2. The Joint Committee on Surveillance and Interpretation of the Convention will analyse and assess possible sectoral initiatives to promote training in the field of prevention.

Article 74. Protection of maternity.

1. Without prejudice to the provisions of the Law on the Prevention of Occupational Risks, female workers in the state of pregnancy who perform their duties continuously using display screens or photocopier machines shall be entitled to the transfer of work at the same centre where they perform their work activities, provided that the organisation of the work so permits. This change of post will not change the level of remuneration, nor does it detract from its economic rights. The re-incorporation after delivery will take place at its original destination.

2. In accordance with the provisions of Article 37.3 of the Staff Regulations, pregnant workers shall be entitled to be absent from work, entitled to remuneration, for the conduct of prenatal examinations and preparation techniques. At birth, prior notice to the employer and justification of the need for their realization within the working day.

3. Female workers who are in a state of pregnancy and during the breastfeeding period may not be subject to a change of residence or geographical displacement.

CHAPTER XIII

Trade union and collective representation rights

Article 75. Of the workers and their representatives.

1. In the context of Articles 7 and 129 of the Spanish Constitution and Article 4 of the recast text of the Staff Regulations, the participation of workers in the company is understood, as well as the different ways and procedures laid down in 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 undertaking or working centre have the right to meet in an assembly in accordance with the provisions of Articles 77 et seq. of the TRET. In the event of agreeing 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 ' representatives shall be understood as representatives of the Company, Staff Delegates and Trade Union Delegates of the Trade Union Section (SSE), who shall have the powers, rights, obligations and guarantees identified for the by the Organic Law on Freedom of Association, Workers ' Statute and the General Convention itself.

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

Article 76. Of trade unions and trade union delegates.

1. The signatory parties, by these stipulations, once again ratify their status as valid interlocutors, and are also recognized as such, in order to implement, through their organizations, rational labor relations, based on in mutual respect and in order to facilitate the resolution of all conflicts and problems that 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 demerit of the privileges conferred by the Law, and developed in the present agreements, to the 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 their agreements or to the exercise in general of trade union activities.

3. In the case of undertakings or, where appropriate, working centres with a staff of more than 125 employees, the trade union sections which may be set up by workers affiliated to the trade unions with a presence in the business committees be represented by a Trade Union Delegate elected by and among its affiliates 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.

The trade union sections which may be constituted, in accordance with the provisions of the statutes of a trade union, without complying with the above requirements, may also be represented by a Trade Union Delegate, which shall fulfil the duties of representing and defending the interests of the Union to whom it represents, and of its members in the undertaking and serving as an instrument of communication between its central or the Union and the Directorate of the respective (a) undertakings, without, in their case, being able to involve the allocation of the rights provided for in the delegates referred to in the previous paragraph, except in the field of enterprise.

4. Staff delegates, members of the Business Committee and trade union delegates belonging to the same trade union, may accumulate the credit of hours legally corresponding to them in a bag of hours to be managed by the same trade union. Union.

It will be the union section that adopts the corresponding internal agreement of accumulation, without prejudice to the individual ownership of the right to the credit, prevailing the criterion of the representative in case of eventual discrepancy.

This accumulation will be an alternative, not cumulative and incompatible with the one regulated in the following article for the members of the Committees and delegates of staff, opting the Union in the field of the company, for the exercise of one or other regulation and thus communicating it to the company in the following terms:

In general, the Union, through the trade union section, must inform the company, at least monthly, the nominal ratio of representatives included in the stock exchange, including all the representatives, whether or not they give in hours, with an indication of the number of hours legally corresponding to each, and those allocated to it for a period, at least quarterly, as a result of the accumulation practised, according to the following criteria: the maximum limit of hours a representative can accumulate will be the equivalent of 50% of their monthly working day, and each representative must maintain a minimum credit of eight hours per month which may not be transferred.

Other different accumulation criteria can be agreed to within the enterprise scope.

The regulation of the Convention shall not affect agreements on this subject which are already incorporated in collective agreements or agreements of undertakings, which shall be respected in their terms, unless the parties agree to their amendment to the Convention. its expiration.

Article 77. From the Enterprise Committees.

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 Staff Committee and Delegates of Personnel may be accumulated up to 200% of those corresponding to each member. The company shall be notified, through its representatives, for quarterly periods, the person or persons in which those hours are to be accumulated, as well as for whom or for whom the accumulation is made.

In the field of enterprise, other criteria of accumulation may be agreed, other than the limits set above, with the distribution and periodicity to be fixed in each case, by agreement between the 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 attendance of 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 and Pension Funds concluded by the Act for a very serious lack of information which could be deduced from issues affecting the future stability of the company's workforce, of its entirety or partially, this fact shall be brought to the attention of the representatives of the workers by way of delivery of copies of the part of the Act in which such matters are raised.

Article 78. Principle of equality and non-discrimination.

1. The social dialogue and relations within the enterprise will have to be presided over by respect for the principles of equality and non-discrimination of the legal representatives of the workers.

2. On the basis of the fact that these principles do not require concrete development in the enterprise in order to be understood as being fulfilled, the parties concerned should be able to take account of the development of such undertakings. may take into account, inter alia, the following criteria, without prejudice to other different ways of addressing, where appropriate, the subject:

With regard to the representatives to be considered: more than eight consecutive and uninterrupted years of mandate dedicated to the exercise of its representation and with a number of hourly credits accumulated during that period practice full dedication to the union, considering that this dedication is at least 75 percent of its working time.

For workers to consider as a benchmark: employees admitted to the company with the same remuneration level within the same time period (three years prior and three years after) representative.

Representatives with the use, during their representative mandate, of the ordinary training processes in the company related to their job.

With regard to professional reference levels: you will always operate as a limit for the professional group II.

Article 79. Use of telematics tools for the legal representation of workers.

1. Use of email. In companies whose operating systems so permit and constitute the usual means of work and communication in the same, the most representative trade union organizations with presence in the organs of representation of the workers in the company may have access to the exercise and scope of their functions as representative of the use of electronic mail in order to transmit information of a trade-union and employment nature, while respecting, in any case, the rules for the protection of character data personnel.

Without prejudice to the agreements already reached on the subject, in the field of enterprise the usable operative will be realized, always watching, because the ordinary processes of communication and existing work are not affected. in the same.

To this effect, the exercise of this right will have to respect the criteria and conditions that will be established, in order not to disturb the normal activity of the company, nor to prejudice the specific business use preordained for electronic communication and without the use of such a tool entailing the assumption of higher costs or charges for the company.

Without prejudice to the exercise of the right to be regulated in the first paragraph, and its concreteness in the field of enterprise for the sending of generalized mails, in those companies in which there is a portal or a folder of employees, the The use of electronic mail for general communications may also refer to the announcement that the communications and information transmitted are available in these spaces for viewing by the addressees.

2. Virtual bulletin board. Undertakings whose operating systems so permit and constitute the usual means of work and communication therein shall make available to the legal representation of the workers a virtual plank as a means of informing them. representatives with the workers included in their field of representation and on the subjects of their strict competence.

In the field of enterprise, the usable operational will be realized, always ensuring that the ordinary processes of communication and work in the company are not affected.

Also in this field, it will be determined whether with the adopted communication formulas the making available of the mandatory bulletin board is fulfilled.

Article 80. Of the members of the workers ' representation in the Joint Committee.

Members of the workers ' representation in the Joint-Joint Commission for Interpretation and Follow-up to 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, and the monitoring of its implementation.

CHAPTER XIV

Employment and Equality Policy

Article 81. Employment policy.

The signatory parties are aware of the problem of existing unemployment and the need for and the possibility of addressing their different causes and consequences through active, healthy, active, sectoral and employment policies. stable, growing and competitive, taking into account the possibilities of our sector.

It is considered appropriate to adopt provisional and planning methods that guide the policies of Human Resources in the company. In this sense, the different ways of income in the insurance business, the jobs and their needs will be contemplated; the different ways of adjusting them to the needs of the companies and the ways of maintaining stability employment in the processes of transformation in companies in the sector. All this within the legal framework in force, with the utmost respect for the rights that both workers and employers have and without allowing any discrimination not authorized by law.

It will be, in all cases, to combine the interests of the parties, through the mechanisms of social dialogue.

Article 82. Promotion of employment from the General Convention.

Several clauses have been agreed in this Convention through which the aim is to promote the promotion of employment in the sector.

In this sense, the regulations concerning overtime, group IV of the system of professional classification, promotions and promotions, training ..., etc., should be included, considering that the actions that are taken from these In particular, the issues and in particular of the training, play a decisive role in the stability of employment and in the dynamisation of professional careers, having a positive impact on employment within the sector.

Article 83. General principles.

It is considered principles around which active, healthy, stable, growing and competitive employment policies should be rotated, the following:

-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 recruitment in Group IV as a way of access to the professional career in 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.

Article 84. 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 establish any type of employment contract legally regulated, with the preference of training and promotion contracts and promotion of employment, provided that the general budgets and specific rules of their own regulation, with particular reference to the rules on information, competences and rights of the legal representation of workers in this field.

3. The welcoming of fellows and the realization of teaching practices in the company will be carried out through the corresponding programs of cooperation with educational centers, according to the specific regulations that allows them, informing the Legal representation of the Workers in the number of students and trainees who, under the legislation, are developing training practices in the company.

4. Law fraud in the field of temporary employment shall entail the legal consequences provided for such an event, in particular the presumption that it has been concluded for an indefinite period.

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

6. In the field of enterprise and through the participation mechanisms provided for in law, the specific monitoring of the rules and guidelines set out in the field of employment policy will be carried out.

7. In such a context of social dialogue, the company shall inform, at the required intervals legally, the legal representation of the employees on the staff of the staff providing the service, 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 labor data of the staff to know their situation at the time.

8. 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 85. Equality plans.

1. In accordance with the provisions of the Organic Law 3/2007, for the effective equality of women and men, companies on the basis of respect for the principle of equal treatment and opportunities in the field of employment, will have to take action aimed at avoiding any kind of employment discrimination between women and men.

2. Companies with more than 250 employees will have to develop and implement a plan of equality with the scope and content established in the aforementioned Organic Law. Such a plan shall be subject to negotiation with the legal representation of the employees in the manner determined in the labour law.

Prior to the equality plan, companies will have to make a diagnosis that will identify the state of the situation in the field of equality, taking as a reference, mainly, those parameters on which there is sectoral information, as well as other derivatives of the characteristics of each company, so that it can carry out its own analysis and contrast of the situation as compared to the sector information available.

The company's situation diagnosis will provide information on the following personnel indices, disaggregated by gender, among others: template, distribution of the template by levels, high and low, index of promotion, hours of training, modalities of recruitment by sex, or other indices on which sectoral information is available, or deemed necessary for the best performance of the diagnosis and development of the equality plan.

3. From the legal definition of the equality plan as a "ordered set of measures, adopted after a diagnosis of the situation, aimed at achieving in the company the equality of treatment and opportunities between women and men ...", the Measures to be considered for their assessment in the negotiation of the equality plan in the company will take into account the criteria referred to in Article 17.4 of the Workers ' Statute, with the negotiation of measures to establish positive action in the field of conditions for recruitment, promotion or training, so that in equal conditions of suitability, preference shall be given to persons of the least-represented sex in order to facilitate their access to the group, professional category or job concerned.

Article 86. Committee on Equal Opportunities and Employment.

For the correct application of the Convention on the content and principles set out below, the creation of a Commission composed of the business and trade union organizations that are signatories to it is agreed upon. the study of employment trends and equal opportunities in the field of active policies which eliminate any discrimination which might be detected by reason of sex, age, marital status, territorial origin and other circumstances which could lead to discrimination or bankruptcy of the principle of equality of opportunities.

The Commission shall have between its powers those of mediation or, where appropriate, arbitration in those cases in which the parties voluntarily and jointly request their intervention for the solution of their discrepancies that arise directly linked to the regulation of the matter of equality laid down in this Convention.

This faculty will not impair the powers reserved for the Joint Commission of Interpretation of the Convention in respect of interpretation, mediation and arbitration in respect of all the content regulated in the present Convention, including those relating to matters of equality and non-discrimination.

For the proper performance of their duties, the union representation in the Commission will have a credit of 600 hours/month to distribute in proportion to the representativeness of each organization reflected in the composition of the same.

Once the distribution has been made, the personal allocation of the time credits will be made according to modules of 100 or 50 hours per month.

Article 87. Protection of victims of gender-based violence.

1. The worker who is the victim of gender violence will have the right, to make effective her protection or her right to comprehensive social assistance, to the reduction of the working day with a proportional reduction of the salary or the reordering of the time working through the adaptation of the timetable in terms that are established in accordance with the agreement between the company and the person concerned, or in its absence in accordance with the rules established in the general rules on the matter.

2. The worker who is the victim of gender violence who is forced to leave the job in the locality where she was providing her services, to make her protection effective or her right to comprehensive social assistance, will be entitled (a) to take up another job, of the same professional group or equivalent category, which the undertaking has vacant in any other of its workplaces. In such cases, the company shall communicate to the victim the vacancies existing at that time or those that may occur in the future.

The transfer or change of work centre will have an initial duration of six months, during which the company will have an obligation to reserve the job previously occupied by the victim. After this period, the victim will be able to choose between the return to his previous job or the continuity in the new one. In the latter case, the said reserve obligation shall lapse.

3. In the case of suspension of the contract of employment which is the cause of the decision of the worker who is forced to leave her job as a result of being a victim of gender-based violence, the period of suspension will have a initial duration which may not exceed six months, unless it is the case of judicial protection proceedings that the effectiveness of the victim's right of protection requires the continuity of the suspension.

4. The absence or absence of punctuality to the work motivated by the physical or psychological situation arising from gender-based violence shall be considered justified, when the social services of health care or services are determined, according to (a) where appropriate, without prejudice to the fact that such absences are communicated by the victim to the undertaking as soon as possible.

5. In all that is not provided for in this article, it will be established in the Organic Law 1/2004, of measures of comprehensive protection against gender-based violence.

CHAPTER XV

Joint Committee on the Convention and Sectoral Observatory

Article 88. Joint Joint Committee on Interpretation and Follow-up to the Convention.

1. Aware the organizations that are signatories of the convenience that, for the good climate of the labor relations in the Sector, has the existence of adequate channels that facilitate the correct application and interpretation of the agreed and, if necessary, the out-of-court settlement of labour disputes which may arise, and in accordance with the provisions of Articles 85.3 and 91 of the Staff Regulations, a Joint Committee for the Interpretation and Monitoring of the Convention is hereby established. which, without depriving the parties of the right to use the administrative and/or judicial route which proceed, you will have competence to develop the following functions:

a) Interpretation of this General Convention.

b) Monitoring for the implementation and development of such regulations.

(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) 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 44 of the present Convention, in accordance with the provisions of 82.3 of the Workers ' Statute.

e) Intervention prior to the formal approach of 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 Staff Regulations.

2. Twelve members of the business representation and 12 other members of the representation of the employees, appointed by the respective employers ' and trade union associations of the Convention, will be members of the Commission with the share of the of its representativeness to the signature of the Convention. An equal number of alternates shall be identical with the same criteria.

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, two moderators will be appointed at the beginning, one for the business representation and one for the representation of the workers, who will act jointly. Two editors of minutes shall also be appointed, in the same way as expressed and with the same mode of action.

The Commission shall be validly understood to be, at least, one representative for each organisation which integrates it, which shall incorporate the percentage of representativeness corresponding to it for the purposes of the taking of agreements.

3. The application for action by the Joint Joint Committee shall be made in writing in which the following shall be

:

a) The type of action that is required from among those attributed to you in the 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 to abide by 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.

For the purposes of communications, the Commission shall be understood to be located on the street Núñez de Balboa, 101, 28006 Madrid.

4. 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.

5. In the absence of an agreement, the Commission may obtain the technical reports or advice it considers to be able to assist in the solution of the controversial aspects.

In order to subsist the disagreement, the discrepancies produced may be submitted to the non-judicial systems of conflict resolution that result from application, provided that it is decided by a majority of each of the two representations.

6. The decisions of the Joint Committee shall be issued in writing within one month from the date on which the application for intervention has been formalised.

This term shall be understood as limited to the extent to which it is legally applicable in cases where it is expressly regulated.

In any event, in the case of paragraph 1 (d) of this precept, the Joint Commission shall decide within the maximum period of seven days to count from the fact that the discrepancy has been raised. In the case of paragraph e) of the same n. º, the time limit shall be 15 days from the date of submission of the application.

The intervention procedure of the Commission shall be deemed to be evacuated if no decision has been taken by the Commission within the time limits.

7. 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 this Article, the parties may not come to the judicial or administrative path, or to raise pressure measures or to declare collective conflict until the Commission has given its opinion on the question raised. This is without prejudice to the rules on prescription or revocation which apply to the case raised and which may in no way be affected by the request for arbitration and subject to the procedures resulting from the Agreement. Interconffederal for the Autonomous Conflict Solution (ASAC).

8. Members who are members of the workers ' representation in the Joint Committee shall have a credit of 100 hours paid monthly for the performance of their duties on behalf of the Joint Committee. The credit will be 25 hours for alternate members of the Joint Commission.

9. In order to deal with the specific issues raised in the field of the Joint Committee's powers in the field of the Mutual Fund for Occupational Accidents and Occupational Diseases of Social Security, they shall be appointed with equal criteria for the composition of the Joint Committee, by the trade union organizations that have signed the Convention five representatives of the workers belonging to these Entities, who will have for the performance of their tasks a credit of 50 hours paid monthly.

Article 89. Sectoral Observatory.

1. As a stable forum for social dialogue on matters of common interest, a Sectoral Observatory will be set up from which the social partners who are signatories to this Convention will carry out the corresponding analyses of the sectoral reality from the diversity of entities within its scope, the characteristics and development of employment, the existing situation in the field of safety and health at work, the principles of equality and non-discrimination in employment, the social responsibility of companies in the field of industrial relations and any another theme which, on the proposal of some of the organizations integrated in the said Sectoral Observatory, was admitted as the object of analysis by the majority of each representation.

2. The Observatory will also address the treatment of absenteeism, with the main objectives of:

-Identify the causes of absenteeism and its effects, and quantify its dimension, analyzing the situation as well as its evolution in the corresponding field.

-Setting criteria for the reduction of unjustified absenteeism, defining mechanisms for monitoring and informing workers ' representatives, and, where appropriate, corrective and control measures, making it possible to carry out (i) specific plans at company level in accordance with their circumstances.

3. The analysis of the chapter of this Convention on Professional Classification and promotion and promotion systems will also be discussed at the Observatory, in order to assess their suitability for the current reality of companies and the new forms of organisation of work, also analysing the possible consideration of vocational careers linked to training, among other factors which could be taken into account.

4. The results and conclusions reached within the Sectoral Observatory shall be carried out by the parties to the next sectoral collective bargaining to be taken into account in the Sectoral Observatory, without prejudice to the possibility of referred to in Article 86, paragraph 2, of Article 86 of the Staff Regulations.

5. As a meeting point of the Sectoral Observatory with the various Joint Committees established in the Convention (Joint Committee on Training, Equal Opportunities and Employment Commission and Joint Committee for Interpretation). and follow-up to the Convention), they will send the Observatory a summary of their main actions as well as the initiatives developed by them in their field of action.

6. On the basis of the information received from the Joint Committees and, also collecting, their own initiatives, actions and analyses carried out, the Sectoral Observatory will draw up a report developed, as well as the conclusions or proposals that could be derived from such activity.

7. The Centre shall be composed of seven members for business representation and seven members for the representation of employees, appointed by the respective employers ' and trade union organisations which are signatories to the Convention. also the joint composition within each representation, but for the purposes of the adoption of agreements, account shall be taken of the representativeness of each organisation to the signature of the Convention.

For each trade union organization, an alternate vowel may be appointed.

The Observatory shall be equipped for the operation of the internal rules which it considers at any time to be best suited to the best development of the tasks entrusted to it.

The trade union representation will have a credit of 500 hours/month paid for the proper performance of its function, to distribute with the proportion derived from the representativeness of each union to the signature of the Convention, in modules which may not exceed 70 hours/month in their allocation to each member of their representation.

Additional disposition first. Previous situations in terms of day and time.

During the duration of this agreement, companies that maintain a legal day other than that regulated in Article 47, or do not accommodate the time criteria specified therein, shall adapt to the provisions of this Agreement. contained in this General Convention, provided that it is therefore decided to agree on the matter in the field of enterprise with the legal representation of workers.

Additional provision second. Plus residence.

Both parties agree to the inclusion of this provision, in order to avoid in the future the discrimination that the plus of residence could take with respect to the rest of the workers of the sector and, equally, to try to increase the competitiveness of the firms concerned, which would lead to a more expansive employment policy, saving, in any case, the stability of the workers currently benefiting from the said plus, necessarily, they will continue to perceive it in the future.

The residence plus is maintained for existing workforce workers at December 31, 1980, whichever is their later place of residence.

The amount of the plus of residence shall be determined for the purposes of the amount which the staff referred to in the preceding paragraph shall receive by way of such concept at 31 December 1996, increased by the same percentage to be determined to apply in each negotiation to the individualized adaptation complement.

Additional provision third. Legislative amendments.

If, during the duration of this Convention, new regulations are established that affect any matter of the regulated ones, both representations, at the request of any of them, will meet the object of analysis. the consequences and consequences that such reforms may have on the content of the Convention, if necessary by proceeding with the adaptation of the Convention in order to maintain the balance of the existing set prior to such reforms.

For the purposes of the references contained in this Convention to groups of companies, it shall be fixed in the relevant market regulation and its adaptation to the scope of work, without prejudice to the provisions of the paragraph previous.

Additional provision fourth. Principle of safeguarding in the concurrency of Conventions.

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 legitimized for the negotiation in the field of undertaking or group shall decide what is appropriate to their interests, always having as a reference the provisions of this General Convention and in particular the provisions of Article 7 on the articulation of collective bargaining.

Additional provision fifth. Pairs in fact.

In view of the changing social reality in family matters, the same rights as the Convention for spouses in marriage are recognised, for people who have not been married to each other, live in union affective, 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.

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 sixth.

In the text of the Convention, men have been used as a generic to encompass workers, without this being the ignorance of existing gender differences, to the effect of not doing writing. too complex.

Additional provision seventh. 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.

First transient disposition. Application of the complement by experience.

The experience complement regulated in Article 30 of the Convention was applied for the first time in 1997 to staff on staff on 31 December 1995, with the multiplier value 1, depending on the amounts indicated per level. remuneration in the supplement table by experience, for the year 1997.

Second transient disposition. Functional mobility of the Auxiliary in December 31, 1996.

The functional mobility within the professional group III, in accordance with Annex I, of the staff which at 31 December 1996 has been assigned the category of Administrative Auxiliary, shall be governed by the general provisions contained in Articles 13 and 14 of this Convention, although such mobility shall be related to administrative tasks and their related or complementary tasks, in accordance with their previous regulatory regulations, within those of that professional group.

Transitional provision third. Personal complement of the First Programmers on 31 December 1996.

Workers belonging to the category of First Programmer at 31 December 1996 will generate as a supplement of a personal nature which will henceforth evolve in the same way as their basic salary, and will enjoy their the same guarantees, the amount of EUR 8,79 per month, which gives an annual calculation of EUR 131,89 in 15 pages, which is generated by the difference between the increases agreed for the years 1996 and 1997 and the new basic salary allocated to the the level of remuneration corresponding to that category under the new wage table 1997. This supplement shall be taken into account together with his basic salary for the purposes of participation in premiums, and may only be absorbed by the basic salary of a new level, to the extent that a promotion or promotion at higher remuneration takes place.

Transitional disposition fourth. Personal complement of the Actuaries and Lawyers that are specified.

Those at 31 December 1996 were actuaries, lawyers or acting chiefs or heads of legal counsel whose basic salaries would have originated by the application of the ministerial orders of 1 June 1963 and 15 October. 1975, which are no longer in force on the basis of the provisions of the derogation provided for in this Convention, shall provide for an amount equal to the difference which, where appropriate, may exist between the former basic salary and the new salary. basic salary corresponding to the assigned salary level of the new salary table 1997 (Annex II, Table 3). This supplement, with the same guarantees as the basic salary, will henceforth evolve in the same way as the adjustment supplement, in the form of premiums, and can only be absorbed by the basic salary of a new level, to the extent where a higher remuneration promotion or promotion takes place.

Repeal provision.

With the entry into force of this General Convention, the previous sectoral collective agreements are fully repealed.

Single end disposition. Common provisions for staff from the Hospital and Hospital Centers.

The denomination of the various professions refers interchangeably to male and/or female staff.

The relationship of professionals and/or jobs described does not assume that they must exist in each and every one of the AT. It will be up to the Directorate of each AT mutual to determine the need or convenience thereof.

The functions of the staff described, within the competencies for which they are entitled to the respective academic degree, have an enunciative and non-limiting character provided they are related tasks or functions.

All staff described will assist in the case of judgments in which the entity is to be represented, and consider it necessary to appear.

The professionals described will issue how many documents and reports are required in relation to the assistance provided. They shall be carried out using the technical means of the centre and taking into account the deontological principles of confidentiality, establishing the appropriate means to ensure it.

The health personnel described, during their working time, will perform the care functions set forth, as well as how many special or general recognitions for which in each case is authorized. It shall also provide assistance to all patients who require it and the Directorate of the entity has authorised, in the framework of the current legality:

1. The role of staff in the care and hospital centres of mutual occupational accidents and diseases in the field of social security:

Director of Medical Services: You will be responsible for the responsibility and inspection of the health services of the institution, and for information and technical advice on how many health consultations and problems you may be asked to do. Address of the same, being able to simultaneously, in his case, have this activity with the care functions for which he has been empowered and assigned to him.

2. Open Health Institutions:

I. Health Personnel Entitled Superior

Head of Health Services: You will be responsible for the correct and effective delivery of healthcare to patients who have been entrusted to you by the entity. It will depend on the health personnel assigned to you.

You will receive guidance and medical performance rules from the Medical Services Directorate that designates the entity.

Trauma Surgeon: You will be responsible for the correct and effective delivery of healthcare to patients who have been entrusted to you, especially for the care and recovery of the patient.

Your performance may be set to either of the following two modes:

a) Pass the consultation and attend to the patients during the time agreed with the Entity, performing among other functions and specifically the cures of urgency and the assistance of those cases mild and less serious. You will also do the help in surgical interventions when required to do so.

(b) Perform as many surgical interventions as necessary, in addition to the functions referred to in subparagraph (a).

Specialist Doctor: Your role in your specialty will be similar to those outlined for trauma surgeons.

Doctor of General Medicine: It will be responsible, within the scope of your faculties, for the attention of the people entrusted to you.

Visitor Doctor: It will be destined for the patients ' visit, either because they cannot go to the care center, or because the doctors in charge of the care of those, so they are entrusted.

II. Healthcare Personnel Entitled Middle Grade

Physiotherapist: You will be responsible for establishing and applying the treatments corresponding to your specialty, according to the instructions of the doctor who would have prescribed them, taking responsibility for the material assigned to you. to carry out their duties and also carry out the administrative tasks related to their profession and the functioning of the care facility. Monitor patient care and compliance with the treatments to be performed by patients.

Nursing Diplomat (DUE), Health Technical Assistant (ATS): It will provide the health care of its profession to the patients entrusted to it, completing the doctor's orders and taking responsibility, other, of the following tasks:

1. Administer the care or nursing care of the patients in your care.

2. Monitor patient care and compliance with the treatments to be performed by patients.

3. He will oversee the order, cleaning and maintenance of the area in his office.

4. You will be responsible for the equipment and equipment in the area, distribution, use and maintenance.

5. It will take control and return of equipment belonging to other services.

6. You will distribute the staff to your position when for service reasons.

7. It will collaborate in the research and study functions of statistics that are entrusted to the service.

8. It will be responsible for coordinating the study practices of students who attend their service or health zone.

9. They will perform the administrative tasks related to their profession.

10. If the centre is equipped with radio-electrology equipment, it shall carry out under the doctor's instructions the precise radiographic shots and subsequent treatment of the plates for the proper diagnosis, provided that it meets the legal requirements.

Occupational Therapist: Under the supervision of the physician, the assistance corresponding to your qualification to carry out the rehabilitation procedure, promoting manual, creative, recreational and social activities, educational, pre-vocational and industrial to achieve the desired response, whether physical, mental or both.

You will also be responsible for the material assigned to you to carry out your duties and perform the administrative tasks related to your profession and the functioning of the care facility.

III. Auxiliary Healthcare Personnel

Sanitary aid: In addition to auxiliary to the health personnel in non-technical or specialized functions, it will carry out the reception and orientation of the persons attending the consultations, the reception of flyers and documents, the distribution of the sick for the best management in the time of visits, the registration in the books of registration, flyers and vouchers, in addition to those administrative tasks related to their work. It shall perform the tasks of cleaning the material, clinical devices, and those required by asepsis that are immediate in nature and cannot be allowed to wait.

Celador or Mozo: It will be their functions to help the health and auxiliary staff in the tasks that do not require specialized technical knowledge, and mainly in those that require physical effort. The entity shall put in place the technical means to facilitate the performance of the arduous tasks, so as to safeguard the work Health of the staff concerned as far as possible.

It will conduct door and access surveillance to the center and collaborate with ambulance services, when necessary, within their workday.

IV. Non-sanitary Staff Entitled Middle Grade

Diploma in Social Work-Social Assistant: Your mission will be to achieve the adaptation of patients to care regulations and techniques, as well as their acceptance to treatment and their socio-occupational rehabilitation, participating in such processes. It will deal with patients as an intermediary to channel the problems they present to the services or people who can solve them, performing the administrative tasks related to their profession and the development of their work.

V. Staff of other services

Ambulance driver and preventive medicine equipment: It is the driver who is in possession of the regulatory driving licence is in charge of driving and maintaining the assigned vehicle, so that in any The time for service needs can be shifted to the place that is needed within your working day, except for the shift of guards, urgencies and special cases. According to the instructions received from the Medical Service, you will collaborate in each case with the personnel empowered to do so, in the movements that require physical assistance from the patients.

3. Health institutions closed:

I. Health Personnel Entitled Superior

Medical Director: You will be responsible for the medical department of the hospital, the health personnel of the hospital being in charge, and the other who, if necessary, entrusts the management of the institution.

You shall ensure compliance with the services entrusted to you, the internal regulations, instructions and general orders governing the entity.

You will carry out the necessary studies to propose the regulatory approval of inpatient and outpatient treatment modules.

Provide information and technical advice on how many health queries and problems the entity's address will make to you.

Head of Department: Assume the responsibility of the services entrusted to them in the execution of the same, coordinating them in order to obtain the best care efficiency.

Head of Service: You will be responsible for the proper operation of the service, with your specific functions being as follows:

1. Distribute to the assigned staff.

2. Analyze the results obtained by adopting the measures that contribute to their optimization.

3. Collaborate with other medical units in order to achieve adequate diagnosis and treatment.

4. Initially and periodically recognize patients who are referred to them, establishing the therapeutic rules in each case and applying the techniques that are required for their specialty.

5. Visit with the necessary frequency to hospitalized patients whose severity is advised and periodically to the other patients admitted.

6. Personally carry out the activities of his/her specialty, the importance of which they advise, even the ones of urgency.

7. Require compliance with asepsy standards and techniques in what is affecting your service, with special attention to the surgical block.

8. Maintain, with the periodicity that is pointed out by the Management of the entity, information about the status and evolution of the patients taking care that there are no unnecessary stays.

Section Chief: Will collaborate in the organization, operation and control of the service by supervising the work of the staff assigned to it and the fulfillment of the given instructions, being its specific functions, among others, the following:

1. To be responsible for achieving the best adequacy of the patients ' diagnoses and therapies.

2. Report with the periodicity required by the Management of the entity on the evolution and status of the patients in charge.

It will depend on the technical effects of the Head of Service if any, or the Chief Medical Officer.

Deputy: Will collaborate in the organization, operation and control of the service by supervising the work of the staff assigned to it and the fulfillment of the given instructions, being its specific functions, among others, to replace the Head of Section or Service in the absence of these, to collaborate in the examinations, treatment prescriptions and, where appropriate, surgical interventions to be carried out by the Head of Section or Service, personally carrying out those actions that were directly entrusted to you.

It will depend on the technical effects of the Section Chief or Service.

Resident: Will perform the care, teaching and research tasks entrusted to you in order to promote your training.

As a doctor on duty, within the shift that will be established by the Entity Directorate, you will assist as many patients as required, under the direct instructions of the Heads of Section or Adtogether.

It will depend immediately on the appropriate Service Attachment.

Pharmacist: Will be responsible for the operation and control of the pharmacy of the Hospital Center proposing the purchase of adequate and adequate medicines and materials for the needs of the center, as well as other missions are entrusted to you by your profession.

Psychologist: Will perform the patient's psychoagnostic, the evolution of the disadapted behaviors that interfere with the established treatment and the coexistence, particularly when the patient's personality has been able to be affected.

When your specialization permits, you will perform psychological treatments and therapies to improve the emotional and behavioral adjustment of those affected.

You will perform the professional guidance of patients who require specific job training.

It will contribute to the analysis of the appropriate environmental and ergonomic conditions of the company and will promote the Health of the patients and workers in collaboration with the services of the entity, and in their case, with those of the associated enterprises, as well as those other functions deemed appropriate, such as the selection of staff of the entity and any other functions within its professional competence, always remaining within the limits of the legislation set for these entities.

II. Middle Grade Entitled Healthcare Personnel

Chief of Nursing: Your performance will respond to the principle of constant improvement in the level of care basic care, assuming, in addition to the specific functions of your profession, the following specific:

1. Organize, direct and control nursing services by ensuring appropriate care for patients.

2. Constantly analyze the different activities of the nursing staff in order to the efficiency and effectiveness of the service.

3. Keep the Directorate at the center of the nursing service activities informed.

4. Organize and direct the nursing staff, in order to mark the guidelines to be developed in the performance of the nursing staff, keeping an eye on the strict performance of functions that the different professionals in charge of the staff have to perform.

5. He will collaborate with the Directorate in the training programmes of the professionals in charge.

Nursing Supervisor: Velara because sanitary and ergo-dynamic conditions are adequate in your service or area entrusted to you.

Organise and direct the staff in charge, will carry out the monthly plans of the workers in charge and will guide them in the functions to be carried out and in the distribution of the work according to the guidelines of the Head of Nursing.

It will take care that the transfer of the hospital to another area or service meets the appropriate requirements by having everything necessary, and will monitor the professional performance of the health personnel assigned to their service in the treatment and care for hospitalized patients.

You will request the medical-surgical material and the required kit from your area or service by making the necessary forecasts.

Coordinate according to the Nursing Directorate its activities and those of the staff assigned to it.

In addition to performing the functions of your profession, you will be responsible, among others, for the following tasks:

1. He will supervise the order, cleaning and maintenance of the area in his office.

2. You will be responsible for equipment and equipment, for distribution, use and maintenance in your area.

3. It will take control and return of equipment belonging to other services.

4. It will collaborate in the research and study functions of statistics that are entrusted to the service.

5. It will promote the collaboration of its staff by distributing it when for service reasons it is necessary.

6. It will be responsible for coordinating the study practices of students who attend their service or health zone.

Nursing Diplomat (DUE), Technical Health Assistant (ATS): Will provide the health care of his/her profession to the patients entrusted to him, completing the orders of the physician and/or supervisor, and taking responsibility, inter alia, for the following tasks:

1. Administer the care or nursing care of the patients in your care.

2. It will be responsible for the proper preparation of the patient for surgical interventions or explorations, etc., carefully attending to the prescribed treatments as well as postoperative care.

3. He will perform sondages, cures, drains and any other function that his or her degree empowers, taking responsibility for always having the necessary equipment for each type of assistance.

4. It shall bring to the attention of the supervisor or in his/her defect of the head of nursing, the anomalies or deficiencies that he/she observes in the development of the assistance or in the allocation of the service entrusted.

5. Monitor patient care and compliance with the treatments to be performed by patients.

6. Perform the administrative tasks related to your profession.

7. It shall be responsible for the entire area or service in the absence or defect of the supervisor.

Head of Physiotherapy: He is responsible for the Physical Therapy Service, integrated within the rehabilitation team. It will depend on the doctor-rehabilitator or, failing that, the medical management of the centre.

It will organize the service by correctly distributing the patients between its collaborators and the same. It will ensure that the service always has the number of appropriate professionals, as well as the technical means sufficient to carry out its work.

Control that scheduled treatments are carried out by following the prescribed directions.

You will make immediate medical knowledge of any abnormalities that a patient presents and may have gone unnoticed in clinical scans, or in the course of their treatment.

Control that the treatment rooms, facilities and use of your section are in perfect state of use, immediately warning of possible breakdowns in the equipment or facilities, while cancelling your use as long as they are not repaired.

Coordinate the study practices of students who attend their service.

Participate in the elaboration of programs for the service (objectives, training, etc.) and will ensure its compliance. It will also collaborate in the preparation of treatment protocols.

Physiotherapist: You will be responsible for establishing and applying the treatments corresponding to your specialty, according to the instructions of the doctor who would have prescribed them, taking responsibility for the material assigned to you carry out their duties and also carry out the administrative tasks related to their profession.

Monitor patient care and compliance with treatments to be performed by patients.

It will be responsible for the coordination of the study practices of the students who attend their service or health zone, in the absence or defect of the Head of Physiotherapy.

Occupational Therapist: Under the supervision of the physician, the assistance corresponding to his or her qualification to carry out the rehabilitation procedure shall be carried out by promoting manual, creative, recreational and social activities, educational, pre-vocational and industrial to achieve the desired response, whether physical, mental or both.

You will also be responsible for the material assigned to you to carry out your duties, and perform the administrative tasks related to your profession.

III. Auxiliary Healthcare Personnel

Orthopaedic Technician: It will be responsible for the preparation of the prostheses and orthoses required for the patients cared for by the entity, as well as for the repairs that need to be carried out.

Ensure appropriate use of the material and machinery entrusted to you.

Occupational Monitor: It is that healthcare personnel who are in possession of the appropriate qualification or training, provide complementary services for the assistance of the occupational therapist and assist in the application of the physical treatments. Take care of the preservation and good condition of the material entrusted to you.

Physical Education Monitor: It will be responsible for the performance of physical activities that as a complement to the rehabilitation function is entrusted by the rehabilitation services.

Take care of the conservation and good status of the material entrusted to you.

Specialist technicians: Laboratory, Radiodiagnosis. -They will perform their functions in those services that, in order to their technological complexity, the Management of the center so deems it appropriate.

They will be in possession of the official title and/or accreditation in any of the above mentioned specialties, carrying out in general all the technical functions for which they are trained according to their qualifications, within the specific laboratory and radiodiagnostic activities.

Also perform all functions related to the service to which they are attached, such as: collaboration in obtaining samples, handling and processing them, carrying out inventory, handling and control of calibration, cleaning, preservation and preventive maintenance of apparatus and zone, control of repairs and equipment of the equipment to his office attached to the service.

They will collaborate on patient information and preparation for the proper conduct of the technical procedures.

They will collaborate and participate in the training programs in which the service is involved.

They will also perform all of those administrative functions related to their profession.

Sanitary aid: In addition to assisting the health personnel in their non-technical or specialized functions, they will provide the reception and guidance of the persons who attend the consultations or enter the plants, the reception of flyers and documents, the distribution of the sick for the best management in the time of visits, the registration in the books of record, flyers and vouchers, in addition to those administrative tasks, related to their work.

In addition, among others, the following tasks will be responsible:

1. Accommodate the patient in the room.

2. He will be in charge of inpatient grooming.

3. It will distribute and, if necessary, administer food to hospitalized patients.

4. Control the tableware, bed linen and toilet to be entrusted to you.

5. It will be in charge of cleaning up the precise clinical equipment and equipment for health care.

Celer or Mozo: Help the health and auxiliary personnel in tasks that do not require specialized technical knowledge, and mainly those requiring physical effort, collaborating with ambulance services when is accurate within your working day. The entity shall put in place the technical means to facilitate the performance of the arduous tasks, so as to safeguard the work Health of the staff concerned as far as possible.

You will be monitoring doors and access to the center.

IV. Non-sanitary Staff Titled

Head of Vocational Training: He will be responsible for the accelerated vocational training of the students entrusted to him, arbitrating the most suitable means, both technical and other, and trying to update the pedagogical techniques of the teaching staff in charge, which are necessary to achieve the objectives set.

Take care of the professional rehabilitation of those patients who are in the last phase of rehabilitation and who are entrusted to them by the medical service.

You will be responsible for how many jobs are entrusted to you in relation to existing professional areas.

Ensure the proper functioning and conservation of the machinery, equipment and facilities entrusted to it.

Several professional training monitors may be in charge, as well as any auxiliary staff deemed necessary.

Teacher/Teacher of Primary/Secondary Education: He will be in charge of teaching the precise teaching to the patients entrusted to him, promoting his professional training in the different cultural levels in which he/she is find.

Will act, if any, in collaboration with the rest of the staff dedicated to this goal.

Diploma in Social Work-Social Assistant: Your mission will be to achieve the adaptation of patients to care norms and techniques, as well as their acceptance to treatment and their socio-occupational rehabilitation, participating in the in those processes.

Treat patients as an intermediary to channel the problems they present to the services or people who can solve them, performing the administrative tasks related to their profession and the development of their job.

Professor of Physical Education: Your mission will be to direct physical education exercises that rehabilitating physicians prescribe to patients on treatment to favor their fastest recovery. He will be in possession of the relevant professional title.

V. Non-sanitary Auxiliary Personnel

Professional Training Monitor: It is the responsibility of training patients in the professional activities to be established, in accordance with the principle of accelerated training and under the dependency of the Head of Vocational Training. It will carry out the professional rehabilitation of those who need it, as well as those works which, according to their specialty, are considered necessary, taking priority into the training work.

You may be assigned auxiliaries for the performance of your mission.

4. General Services and Hospital Services Personnel:

Administrator: You will be in charge of the administrative and general services, and may depend on the Administrative Director of the Center if you have done so or in your case with the Management of the Entity.

Sewing, Laundry, and Plancha staff: They make up the laundry, iron and sewing jobs, and any other positions that have as their task the preparation, cleaning and arrangements of the lingerie, clothes and uniforms from the center.

Kitchen, Dining and Cafeteria Personnel:

Chef: He is in charge of making and directing the seasoning of how many dishes appear on the menu of the day, and he who takes care of himself, both in the presentation and in the use of the food members better service. Coordinate and complete the allowances established by the relevant medical service. It shall also monitor warehouse stocks and perform any other functions and duties, specific to their profession, in the case of kitchen and dining services.

Kitchen Assistant: Under the direct orders of the chef, he will manipulate the food and make the simple dishes that are indicated to him, also performing the service and the service in the line of self-service. Perform the cleaning of your work areas; taking care of the cleaning, sorting and good order of the kitchen and dining facility, carrying out as many other functions and tasks as the proper functioning of the areas mentioned.

waiter: Your task will be to serve the clients of the establishment and to know and manage all the useful work, taking care of the cleaning of these.

The staff who come into force of this Convention by performing the duties described above shall be treated as appropriate.

Maintenance Personnel: You will be responsible for the maintenance and repair of equipment and facilities within the limits of your competence.

Gardener: It will have as mission the care and irrigation of the gardens, orchard and interior plants of the Center that will have to keep in perfect state of conservation and cleanliness, realizing any anomaly that could harm the achievement of their task.

5. Workplace Risk Prevention Personnel:

1. This group is composed of employees with the levels of qualification and functional competence that are in accordance with Chapter VI of Royal Decree 39/1997 of 17 January, and the staff of the MATEPSS who carry out preventive activities (i) own the contingency of accidents at work and the use of PPPs.

As established by Royal Decree 39/1997 the functions to be performed shall be those corresponding to the levels for which they are legally qualified, classified in:

a) Basic level functions.

b) Intermediate level functions.

c) Top-level functions.

Shall perform the administrative tasks associated with their professional activity, by issuing as many reports or documents as necessary in accordance with their competence and professional qualification and using the technical means to be their disposition.

The staff who, at the entry into force of this Convention, are classified in a professional group or higher level of remuneration than those resulting from the application of this Convention, shall maintain their framework in that level or group.

The application of this provision, which shall not have retroactive effect, may not, in itself, lead to a reduction in income for workers, whose remuneration as a whole and annual calculation may not be reduced for such cause.

2. Civil liability of the Technical Services of Prevention Services. The Mutual Association of Occupational Accidents and Occupational Diseases of Social Security (MATEPSS), will take on their position an insurance policy that covers the risks of civil liability that may arise from the activity carried out, in the exercise of their functions on behalf of the MATEPSS of their dependabilities, by the prevention technicians of the non-foreign prevention services.

6. Assignment of staff from care and hospital facilities to professional groups and levels of remuneration:

The allocation to the remuneration of the staff of the care and hospital centres and of the health and safety at the work of the MATEPSS described in Annex II.

ANNEX I

Professional Classification System, Professional Groups, and Retributive Levels

Professional Groups

6

Retributive

0

0

I

1

2

3

4

5

III

7

8

IV

9

ANNEX II

Health and Safety and Health Area at Work-MATEPSS

Structure by professional groups and retributive levels

Groups

Retributive Levels

I. Open Health and Safety and Health Personnel at Work

I. Health closed

0

0

 

I

1

Director of Medical Services.

Chief Medical Officer.

Chief Medical Officer.

The_table_table_izq"> Head of Department.

Head of Service.

2

Trauma Surgeon.

Chief of Section.

Trauma Surgeon.

Specialist Physician

3

Medical General Medicine.

Visiting Doctor.

Non-Specialist Deputy.

Pharmacist.

Psychologist.

II

4

Physiotherapist.

Dip. Nursing (DUE), A.T.S.

Occupational Therapist.

Social Work Diplomat (Social Assistant).

Top Level Prevention Technician.

Resident.

Chief Nursing Officer.

Nursing Supervisor.

Head of Physiotherapist.

Physical therapist.

Dip. Nursing (DUE), A.T.S.

Occupational Therapist.

Head of Vocational Training.

Diplomat of E.G.B.

Diplomat in Social Work (Social Assistant)

5

Intermedia Level Prevention Technician.

Education Teacher Physical.

Maintenance Manager. Kitchen, Dining, and Cafeteria.

ATR and ATL Specialist Technician.

Technical Auxiliary Personnel.

Healthcare Auxiliary.

prosthetic Orthopedic Technician.

Cost Manager, Laundry and Iron.

Healthcare Auxiliary.

III

7

Ambulance.

Maintenance Manager.

Office of Office.

Professional Training Monitor.

Conductor.

Physical Culture Monitor.

8

Celer or Mozo.

Celter o Mozo.

Office Assistant.

Sewing, Laundry, And Plancha Staff.

Kitchen, Dining, and Cafeteria Personnel

IV

9

ANNEX III

Pay table and other economic concepts. Year 2012

Groups

Levels

Base Pay

Annual Computation (X15)

Group I

Level 1

2,161.83 €

32.427, 45 €

Level 2

1,828.54 €

27.428.10 €

Level 3

1,558,28 €

23,374,20 €

Group II

Level 4

1.333, 13 €

19,996.95 €

Level 5

1,161.95 €

17.429.25 €

Level 6

1,008.83 €

15,132.45 €

Group III

Level 7

882.76 €

13,241.40 €

8

774.67 €

11,620,05 €

Group IV

Level 9

727.77 €

10.916.55 €

Add-on table by experience. Year 2012

Groups

Levels

Annual Amount *

(in 15 mensualities)

Group II

Level 4

337.79 €

Level 5

256.71 €

Level 6

229.69 €

Group III

Level 7

189.17 €

Level 8

162.15 €

* By the corresponding multiplier.

economic concepts in convention

Year 2012

Plus (Art. 35):

-Outside the usual place of residence

1.777, 16 €

-At the usual place of residence

€ 888.57_table_body

locomotion expenses and expenses (Art. 40):

-Full Diet

91.24 €

-Average diet

18.83 €

-Kilometer

0.33 €

Economic Housing Aid (Art. 42):

-Populations of up to one million inhabitants (revised)

258.84 €

-Populations of more than one million inhabitants (revised)

345.07 €

Compensation for food (Art. 41)

10.30 €

Insurance (Art. 60)

21,000 €

-Double capital for accident death case

42,000 €

ANNEX IV

Initial salary table and other economic concepts. Year 2013

Groups

Levels

Base Pay

Annual Computation (x 15)

Group I

Level 1

2,161.83 €

32.427, 45 €

Level 2

1,828.54 €

27.428.10 €

Level 3

1,558,28 €

23,374,20 €

Group II

Level 4

1.333, 13 €

19,996.95 €

Level 5

1,161.95 €

17.429.25 €

Level 6

1,008.83 €

15,132.45 €

Group III

Level 7

882.76 €

13,241.40 €

8

774.67 €

11,620,05 €

Group IV

Level 9

727.77 €

10.916.55 €

Add-on table by experience. Year 2013

Groups

Levels

Annual amount * (in 15 mensualities)

Group II

Level 4

337.79 €

Level 5

256.71 €

Level 6

229.69 €

III

Level 7

189.17 €

Level 8

162.15 €

* By the corresponding multiplier.

economic concepts in convention

Year 2013

Plus (Art. 35):

-Outside the usual place of residence

1.777, 16 €

-At the usual place of residence

€ 888.57_table_body

locomotion expenses and expenses (Art. 40):

-Full Diet

91.25 €

-Average diet

19,22 €

-Kilometer

0.38 €

Economic for Housing Help (Art. 42):

-Populations of up to one million inhabitants

258.84 €

-Populations of more than one million inhabitants

345.07 €

Food Compensation (Art. 41)

10.50 €

Insurance (Art. 60)

23,000 €

-Double capital for accident death case

46,000 €