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Resolution Of 14 June 2013, Of The Directorate-General Of Employment, That Is Recorded And Published The State Collective Agreement In The Sector Of Disinfection, Disinsectization And Deratization.

Original Language Title: Resolución de 14 de junio de 2013, de la Dirección General de Empleo, por la que se registra y publica el Convenio colectivo estatal del sector de desinfección, desinsectación y desratización.

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TEXT

Having regard to the text of the state collective agreement of the companies for disinfection, disinsurance and de-ratization (convention code No. 99007605011992), for the period 2012-2013, which was signed, dated 1 October 2012, of a Part of the National Association of Pest Control Companies (ANECPLA), representing companies in the sector, and another by the trade union organizations FeS-UGT and the State Federation of AA.DD. of CC.OO., representing the collective (a) the employment of the workers concerned, and in accordance with Article 90 (2) and (3) of the Law of Workers ' Statute, Recast Text approved by Royal Legislative Decree 1/1995 of 24 March, and 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 management center, with notification to the Negotiating committee.

Second.

Arrange for publication in the Official State Gazette.

Madrid, June 14, 2013. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.

COLLECTIVE DISINFECTION, DISINSURANCE, AND DE-RATIZATION AGREEMENT

CHAPTER I

Structural rules

Article 1. Signatory parties.

This general agreement is signed by the National Association of Pest Control Companies (ANECPLA) and the other by the trade union headquarters of the General Workers ' Union (FES). UGT), State Federation of Various Workers ' Commissions (F.E. AA.DD. CC.OO), with representation in the sector.

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

Article 2. Effectiveness and Obligation Obligation.

Given the representativeness of the undersigned organisations, and in accordance with the provisions of Title II of the Staff Regulations, this Convention shall bind all associations, undertakings, persons and entities within its functional and personal scope in Spanish territory.

Article 3. Structure of collective bargaining.

1. In order to carry out better management of the sector and without prejudice to the provisions of art. 84.2 of the Royal Legislative Decree 1/1995, of 24 March, for which the Recast Text of the Law of the Workers ' Statute is approved, is established as a preferential bargaining unit in the state.

The opening of new business areas will require communication to the Joint Committee on this Convention.

2. This agreement articulates the structure of collective bargaining in the sector of Disinfection, Disinfection and Eradication at the following levels:

(a) State Collective Agreement of the Disinfection, Disinfecting and De-itization Sector:

Its content regulates the general working conditions to be applied across the sector and with the validity that the convention itself establishes.

Without prejudice to the provisions of Article 84.2 of the Royal Decree of Law 1/1995 of 24 March, approving the recast of the Law of the Workers ' Statute, its provisions are of a legal nature. minimum required.

b) Lower territorial (regional and provincial) collective agreements:

They aim to develop the subjects of each field of negotiation as well as to apply the contents of this Convention in each province or autonomous community.

c) The collective agreements of companies, groups of companies or a plurality of related companies for organizational or productive reasons and nominally identified.

Article 4. Concurrency of conventions.

1. The present collective agreement is intended to regulate working conditions for all companies and their employees included in the Disinfection, Disinfecting and Eradication sector.

In accordance with the provisions of Article 3.2 (a) and without prejudice to the provisions of Article 84.2 of the Royal Legislative Decree 1/1995 of 24 March, approving the recast of the Law on the Statute of the Workers, their provisions are of a minimum necessary right, therefore all the content set out in this Convention will apply to all companies and workers in this sector.

In any case, they are non-negotiable subjects, in areas below the test period, the modalities of recruitment, the professional classification, the functions, the maximum annual working day, the disciplinary regime, the minimum standards for the prevention of occupational risks and geographical mobility.

2. This collective agreement may not be affected during its lifetime by agreements of a different scope, except as otherwise agreed, negotiated in accordance with the provisions of art. 83.2 ET, except as provided for in art. 84.2 ET.

Without prejudice to the priority application provided for in Article 84 (2) of the Royal Legislative Decree 1/1995 of 24 March, approving the recast of the Law of the Workers ' Statute, the Conventions company groups, business groups or a plurality of companies linked for organizational or productive reasons and nominally identified, shall respect the working conditions agreed in this State Convention.

3. Without prejudice to the priority application provided for in Article 84 (2) of the Royal Decree of Law 1/1995 of 24 March, approving the recast of the Law of the Workers ' Statute, in the case of concurrency Agreements between the present or the other at the lower level shall apply to the Convention which is more favourable to workers. This clause is agreed under the provisions of Article 83.2 of the Staff Regulations.

CHAPTER II

General Conditions

Article 5. Functional scope.

This agreement affects all companies that develop the activities of Disinfection, Disinfection and De-itization with the use of systems and/or products handled or not, whether they are in conjunction or separately.

Article 6. Personal scope.

The present working conditions will affect all staff employed in the companies whose activities are described in the previous article, except those who serve as an adviser to companies that review the Company or High Management or High Management in the company, provided that its activity in the company only supports the performance of services inherent in such a charge.

Article 7. Territorial scope.

This agreement shall apply throughout the Spanish territory.

Article 8. Temporary scope.

This Convention shall enter into force on 1 January 2012 and shall be for a period of two years, i.e. until 31 December 2013, whichever is the date of its publication in the Official Gazette of the State.

It is considered to be tacitly extended in all its terms, for natural years, unless it is reported by any of the parties at least 30 days prior to the date of its expiration or any of its extensions.

The notice of denunciation shall be made by written communication to the other party, in which those aspects of the agreement that are intended to be negotiated must be included, without this preventing the negotiation of others that do not appear in the written.

Within one month of receipt of the communication of the complaint, the special negotiating body shall be constituted.

Denounced the convention and as long as no agreement is reached, the full content of the convention is considered to be extended in all its terms, even if the time limit set in the fourth paragraph of article 86.3 of the Statute of the Workers are overcome.

Unless the denunciation of the agreement has occurred, in the event of an extension of the agreement, the economic remuneration will be increased by the annual CPI to December plus one point each year, applied retroactively. to 1 January of that year. Transiently, this update clause will not be applicable in respect of the years 2014 and 2015.

Article 9. More beneficial conditions.

All companies that have granted to their staff by collective agreement, individual contract or pact, more beneficial conditions, in global computation, will have the obligation to respect them in their entirety for all the staff that You will be enjoying them at the date of entry into force of this collective agreement.

Article 10. Binding to the entire.

The agreed conditions form an indivisible whole and must be interpreted and applied as a whole and as a whole in the most favourable sense in relation to any other legal or regulatory standard and collective agreement.

In the event that any article is declared void, in whole or in part, the negotiating parties within four months of the finality of the judgment, will proceed to the renegotiation of the content of the the remainder of the agreement, in any event, remaining in force until a final agreement is reached.

Article 11. Joint Commission.

1. The Joint Committee shall consist of 6 members, 3 for each of the parties, trade unions and employers, who are signatories to this Collective Agreement.

The domicile, for the purposes of notifications, of the Joint Commission shall be as follows:

State Federation of Services of the General Union of Workers (FES UGT.), Avda. de América, 25, 7. ª, 28002 Madrid.

State Federation of Various Workers ' Commissions (F.E. AA.DD. CC.OO), Plaza Cristino Martos, 4, 1. º, 28015 Madrid.

ANECPLA, Plg. Industrial Vallecas, Ctra.Villaverde-Vallecas, Km. 1,800, Building Hormigueras, 3. º Izda., 28031 Madrid.

For the year 2012, he will act as secretary F.E. AA.DD CCOO and for the year 2013, FES UGT.

2. The Joint Commission shall have the following tasks:

a) Monitoring and monitoring compliance with this Convention.

(b) Interpretation of all the provisions of this Convention.

c) Reconciliation in collective conflicts involving the interpretation and application of the rules of this Convention.

d) Surveillance, control and development in compliance with the Law on the Prevention of Labor Risks and all related to Labor Health.

e) How many functions tend to the greatest effectiveness of this convention, or derive from what is stipulated in its text and annexes, that are part of it.

f) In line with what is established in art. 3 of this convention, issue of report in the case of open-of-business-scope request.

g) Pursuant to the rule set in the art. 40 of this Convention, approve or refuse the application for non-application of the working conditions within the maximum period of 7 days from which the discrepancy has been raised.

h) How many functions tend to be more effective in this Convention, or are derived from the provisions of the present Convention and annexes, which form part of it.

3. It is established that the issues to be promoted, will be written and their content will be sufficient to allow the problem to be examined and analyzed with the necessary knowledge of cause, and must have as mandatory content:

a) The succinct and concrete exposure of the subject.

b) Reasons and fundamentals you understand assist the proponent.

(c) Proposal and specific request to be made to the Commission. The proposal will be accompanied by a number of documents that are necessary for the best understanding and resolution of the problem.

The Commission will be legally constituted when the majority of each of the parties attend.

The Joint Commission will necessarily meet within 15 working days from the date of receipt of the letter, and must issue a report within a further 15 days, without prejudice to the 7-day deadline set out in the point (g) of the second paragraph of this Article.

The Commission may, by way of extension, collect as much information or documentation as it considers relevant for a better or more complete information of the case, to which it shall give a time limit to the proposer which may not exceed 5 days business. The calling party shall be obliged to communicate to all the constituents the request for a meeting, by registered letter, with acknowledgement of receipt within 10 days of the date of the call.

The Joint Committee's agreements shall be adopted by a simple majority of each of the parties, social and business, respectively, signatories to the Convention and in the case of interpreting this Convention, shall have the same effectiveness. the rule that has been interpreted.

Members of the Joint Committee of Trade Unions shall be entitled to the granting of paid leave which is necessary for the proper exercise of their work in the Commission.

Despite its general and direct effectiveness, the parties agree to adhere to the 5th Agreement on the Autonomous Settlement of Labour Conflicts (VASs) and its Rules of Procedure, and therefore issues relating to administration, interpretation, application and voluntary dispute settlement procedures arising from this collective agreement shall be resolved in accordance with that Agreement.

The parties agree to accede to the Agreement on the Extractive Solution of Labour Conflicts and their Rules of Procedure, both signed by UGT, CC.OO. and CEOE, and therefore issues relating to administration, interpretation, application and voluntary dispute settlement procedures arising from this collective agreement shall be resolved in accordance with that Agreement.

CHAPTER III

Working Conditions

Article 12. Professional structure.

Workers who provide their services in companies falling within the scope of this Convention shall be classified in respect of their professional skills, qualifications and general content of the benefit.

Classification will be performed in Professional Groups, by interpretation and application of the assessment factors and by the most representative basic tasks and functions developed by the workers.

In the new professional groups, divisions may be established in functional areas in order to adjust the employee's membership to the same, prior to the required suitability. Employees of the company's staff shall be assigned to the various groups and, if any, to the above mentioned functional areas. Without prejudice to the organisational capacity of the management of the company, the following levels of the statement of the levels set out below do not imply an obligation for the company to bear all of them if their importance and needs are required.

All employees of the sector, without prejudice to their direct dependence on who or who is designated in each case, from among the higher levels, will be subordinated to the managerial and organizational capacity of the company itself.

Article 13. Framing factors.

1. The framing of the workers included in the fields of application of this Agreement within the agreed professional structure and, consequently, the allocation to each of them of a given Professional Group will be the result of the joint weighting of the following factors: knowledge, experience, initiative, autonomy, responsibility, command and complexity.

2. The assessment of the factors mentioned above will take into account: knowledge and experience, factors for which assessment will be taken into account, in addition to the basic training required to fulfil the tasks correctly. experience gained and the difficulty in acquiring such knowledge and experience.

-Initiative: Factor for which the degree of follow up to standards or guidelines for the execution of tasks or functions will be taken into account.

-Autonomy: Factor for whose assessment the degree of hierarchical dependency in the performance of the tasks or functions that are developed will be taken into account.

-Responsibility: Factor for whose assessment the degree of autonomy of action of the incumbent, the level of influence on the results and the relevance of the human resources management will be taken into account, technical and productive.

-Command: Factor for the assessment of the degree of supervision and management of functions and tasks, the interrelation capacity, the characteristics of the collective and the number of persons on which it is exercised. command.

-Complexity: Factor for whose assessment the number and degree of integration of the various factors listed above in the task or entrusted position will be taken into account.

3. Within the professional groups and before such divisions, organic or functional (inter alia, administrative, commercial, technical, production and ancillary services) may, in line with the above, be the old ones. categories so far known as technicians, employees, operatives and subs.

4. The professional groups have a purely enunciative character, without the companies being obliged to contemplate in their organizational structure each and every one of them, possibly being able to establish the corresponding assimilations.

Article 14. Professional Groups.

Staff are surveyed in the following Professional Groups:

Professional Group I. -Comprises the works of management and functions of organization, planning, execution and control of central or zonal character of the company, with dependence of the high management and hierarchy on the centers of work in their respective fields and also all those activities carried out by higher graduates and middle graduates, in the exercise of their qualifications. They are attached:

Chief: It is who with appropriate degree or broad theoretical-practical preparation assumes the direction and responsibility of the company, either as a whole or in one of the different areas of work.

Technical-guarantor: It is the one who with appropriate title and training assumes the responsibility of the department of the company, giving its advice to the planning and execution of the own services of the activity.

Professional Group II. -Comprises the leadership and global responsibility of an office or main department. They are attached:

Chief 1: It is the one with the right title and training to assume the leadership of any department or delegation, being responsible for the implementation of the plans that emanate from the top leadership or management of the company, well in commercial, technical or administrative areas.

Chief 2: Who is in charge of following, orienting, and giving unity to the section or dependency entrusted to you, as well as distributing the work among the staff in your office.

Professional Group III. -Comprises the work of initiative and responsibility for which a special technical preparation is needed, recognized and according to the characteristics and importance of the functions to be performed. They are attached:

Service Supervisor: It is who with sufficient experience or adequate training is responsible for planning, controlling, orienting, directing and giving unity to the various productive sections of the company, being responsible for the good progress and coordination of the work done in the areas and productive teams of the same, always acting under the orders of a boss.

Officer 1: It is who with initiative and restricted responsibility performs administrative, accounting or commercial tasks always acting under the orders of a superior.

Professional Group IV. -Comprises the work of initiative and limited responsibility for which knowledge similar to the previous level is needed but without the extension demanded in that one. They are attached:

Equipment Coordinator: It is who being in possession of Pesticide Manipulator and driving licence has sufficient experience to instruct and perform the company's own services in the different clients, with three to eight applicators and collaborating in the practical training of the Helpers, in this category the obligation to drive the vehicle assigned by the company.

Drivers-Applicant 1. ª: It is who being in possession of Pesticide Manipulator and driving licence has sufficient experience to instruct and perform the company's own services in the different clients, With its position up to two applicators and collaborating in the practical training of the Helpers, there is in this category the obligation to drive the vehicle assigned by the company.

2. Officer: It is who performs administrative or accounting tasks that require general knowledge of the technique.

Lab helper. It is the one with a proven degree or experience to perform analytical, biological results of the treatments performed by the company's operating personnel.

Professional Group V. -Comprises the works for which a suitable technical preparation is needed for the tasks to be performed, with limited responsibility to the fulfillment of the function entrusted in each case. They are attached:

Drivers-Applicant 2. ª: It is the one who is in possession of Pesticide Manipulator and driving licence performs the company's own services in the different clients, existing in this category drive the vehicle provided by the company.

Professional Group VI. -Comprises the works for which no adequate preparation is needed for the contents to be performed, with limited responsibility in the fulfillment of the function entrusted to each case. They are attached:

Applicator Assistant: It is who does not still have the Pesticide Manipulator meat, is in a training period, accompanying a trained applicator, providing assistance in the tasks of the same, but without performing product applications or by manipulating the same.

Auxiliary: It is the person who dedicates his activity to elementary administrative tasks and operations and, in general, purely mechanical tasks inherent in the work of the office.

However, the signatory parties agree to constitute a sub-committee for the study and analysis of professional categories related to the application of pesticides classified as "very toxic".

Article 15. Admission of new staff and vacancies for vacancies.

In the admission of new staff, both to fill vacancy and for new creation square, companies will be able to demand the appropriate aptitude tests to ensure professional capacity and physical and psychological conditions. required. The representatives of the employees shall be informed of such evidence, as well as of the results of the selection in good time for the admission of the new staff or coverage of the vacancies.

When there are vacant positions and these are to be covered by competition, the corresponding dissemination will be given through the bulletin boards, and will be brought to the attention of the representatives of the workers with Good time. For the coverage of vacancies, they will be criteria to assess positively in those candidates where they attend, the fact that they are providing services in the company, the realization of courses and studies of improvement professional, and the fact that the worker has provided services for the company in the last year.

Article 16. Functional mobility.

1. The worker must comply with the instructions of the employer or person in whom he is delegated in the normal course of his organisational functions and directives, and must carry out the work and tasks entrusted to him, within the meaning of the general of the labour supply. In this respect, functional mobility may be carried out within the undertaking, exercising as a limit for the same the provisions laid down in Article 22 and 39 of the Staff Regulations.

2. Within each professional group, functional or organic divisions may be established without this being an obstacle to functional mobility. However, where a worker is assigned a particular professional group in the employment contract, the performance of all the duties corresponding to the contract of employment shall be established as the content of the work contract. professional group assigned or only one of them.

In any case, the aforementioned mobility will be carried out according to the academic or professional qualifications required to exercise the work performance and with respect to the dignity of the worker. The worker shall be provided with appropriate training for such a circumstance. It will not be possible to invoke the causes of the objective dismissal of an overcome ineptitude or of a lack of adaptation in the supposed performance of functions other than the usual ones as a consequence of the functional mobility.

3. Functional mobility for the performance of lower functions not corresponding to the professional group will only be possible if there are technical or organisational reasons which justify it and for the time required for its attention, which in no way Case may exceed the period of 30 days.

4. At the same time as there is a worker in a company who performs duties in excess of those of the professional group, the worker shall be entitled to the remuneration of the duties which he actually carries out. It shall consolidate the higher professional group when it is carried out for a period of more than six months for one year or eight for two years, and may claim to the management of the undertaking the appropriate professional classification, provided that it is in possession of the legally required qualification for that category.

CHAPTER IV

Employment and recruitment

Article 17. Employment policy.

The companies to which this agreement applies shall preferably carry out temporary contracts in indefinite contracts in accordance with the provisions of the current implementing legislation. Changes may be made to the application for aid and grants established by the relevant autonomous and national bodies.

In order to provide us with a model of stable employment relationships, which will benefit the staff, the competitiveness of companies, the improvement of employment and the reduction of the temporality and rotation of the same and with the end of To ensure that customer care is of the highest quality and possible, the following principles are established:

a) General principles. The principles around which the employment policy should be based are considered:

-Priority on stability and assurance in employment.

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

-Promote equal opportunities for men and women and contribute to the elimination of discrimination and the fulfilment of equal treatment in employment and occupation.

-Principle of non-discrimination on the basis of the nature of the contract. The parties undertake to ensure the principle of equal treatment of persons hired on a part-time basis or under some form of temporary employment, who will have to enjoy the same rights as contracts indefinitely.

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

-Adequation of overtime for the consideration of its replacement by stable employment, to this effect, will be limited the use of extraordinary hours as it establishes the art. 21 of this Convention.

b) Employment Observatory. With the aim of advancing and deepening the knowledge of the sector, the situation of the sector, the amount of employment generated, an analysis observatory formed by representatives of the organizations that signed the collective agreement is created. This Observatory will draw up reports on employment developments. The undersigned organisations undertake to collect the necessary data in order to be able to properly assess the commitments made.

Article 18. Temporary hiring.

The maximum duration of temporary work contracts agreed to meet market circumstances, accumulation of tasks or excess orders shall be 12 months within a reference period of eighteen months, in the terms and conditions laid down in Article 15.1.b) of the Staff Regulations.

Article 19. Test period.

A trial period may be arranged in writing, which in no case may exceed:

-Technical graduates: 6 Months.

-Administrative staff (Official of 1st, 2nd, Auxiliary): 1 month.

-Rest categories: 2 months.

In any case, that test period may not exceed 50% of the duration of the work contract.

During the probationary period, the worker shall have the rights and obligations corresponding to his or her professional category and to the job he performs, as if he were a staff member, except those arising from the termination of the employment relationship, which may occur at the request of either party.

Temporary disability and adoption or host situations interrupt the test period.

The pact that establishes a test period will be null when the worker has been hired for similar functions previously by the company, under any form of hiring.

Article 20. Resignations.

Staff resignations, after the test period has passed, will be notified to the company at least 15 days in advance. If this notice is not made, the interested parties will lose one day's salary for each day of default. The notice of termination shall be made in writing, which shall be signed by the worker in duplicate with the company a copy of the information.

In contracts with a duration of less than one year, this notice shall be at least ten days. In professional groups l and ll this notice shall be one month, unless the contract has a duration of less than one year, in which case it shall be at least 15 days. Likewise, the absence of notice by the company in cases of termination of the contract, as provided for in the legislation in force, will give rise to the corresponding compensation or to the proportional share if the notice has been made in period less than expected.

Settlements shall be made available to workers within 15 working days of the date of the discharge.

CHAPTER V

Working time management

Article 21. Day, time and rest.

The maximum annual working day of this agreement will be 1,755 hours of effective work, of which 140 hours will be flexible in 2012 and 175.5 hours in 2013, marginally to the working hours, with the The company will distribute them irregularly throughout the year. Such irregular distribution must in any event respect the minimum daily and weekly rest periods provided for in the Law and the worker must know, except in cases of urgency arising from the company's own activity, with a warning minimum of 5 days the day and time of the resulting work benefit from that day.

Such marginal hours will never be on Sunday, holiday or day of release, except in special circumstances that the company must justify and communicate it to the worker as far as possible.

The minimum weekly rest will be two days uninterrupted, coinciding with one of the same with Sunday. Notwithstanding the foregoing, and with an effect limited exclusively to the year 2013, by incidents arising from the activity of the company, the weekly rest may be one day and a half uninterrupted for a maximum of three weekends in the year Natural, and must understand the full day of Sunday. The hours worked on Saturdays for such reason shall be computed within the flexible hours bag regulated in the first paragraph of this article.

The use of continuous working time, flexible working hours or other modes of organisation of working time and rest periods will be promoted which will allow for the greater compatibility between the right to the reconciliation of life personnel, family and work of workers and improvement of productivity in enterprises.

Between the end of an ordinary day of work and the beginning of the next one will measure at least 12 hours of rest.

Article 22. Overtime.

In order to promote job creation, both parties agree on the desirability of minimizing the need for overtime in accordance with the following criteria:

a) Regular overtime: Delete.

(b) Extraordinary hours: These may only be performed by the need to repair claims or other extraordinary and urgent damages, as well as in the event of a risk of loss of raw materials.

(c) The maximum number of overtime in the part-time contract shall be limited to the maximum.

All hours will be compensated with rest time within four months of completion.

The company will report monthly to the Enterprise Committee, staff delegates and union delegates on the number of extraordinary hours, specifying the causes and, where appropriate, the distribution by sections.

Article 23. Holidays.

The paid annual leave period, which is not eligible for economic compensation, will be 30 calendar days, which may be economically compensable when the worker ceases in the company during the current year. During the holiday period, the worker will receive a salary equal to the basic salary plus all the concepts that the worker receives in payroll, excluding the amount of allowances or quality of work.

The company will determine the holiday calendar in the first three months of each year, in agreement with the workers. These will preferably be enjoyed between the months of July to September, when the needs of the service permit.

When the holiday period fixed in the company's holiday calendar coincides in time with a temporary disability arising from pregnancy, childbirth or natural breastfeeding or with the period of suspension of the contract (a) the work provided for in Article 48.4 and 48.bis of the Staff Regulations shall be entitled to enjoy the holidays on a date other than that of the temporary incapacity or the enjoyment of the permit to be granted to him or her corresponds, at the end of the period of suspension, even if the calendar year is over correspond.

In the event that the holiday period coincides with a temporary incapacity for contingencies other than those mentioned in the previous paragraph that makes it impossible for the worker to enjoy them, in whole or in part, during the year natural to which they correspond, the worker may do so once his incapacity is completed and provided that no more than 18 months have elapsed from the end of the year in which they originated.

Article 24. Paid leave, leave of absence and suspension with reserve of the job.

24.1 Workers affected by this Convention will enjoy the following paid leave:

1) 15 calendar days in case of marriage.

2) 3 days in case of birth or adoption of children or death, accident or serious illness, surgical intervention or hospitalization of relatives up to the second degree of consanguinity or affinity. Where the worker needs to move at least 200 kilometres, the time limit shall be four days.

3) In the cases of, adoption, death or serious illness of relatives up to the second degree of affinity or consanguinity, and for those workers who need to carry out a displacement outside the national territory, have a total of 10 days, of which 5 days shall be paid. The worker must document these facts at the company's request.

4) 2 calendar days, expandable to 3, if at a distance of more than 200 kilometers, by wedding of children, brothers, sisters or parents.

5) 2 days per transfer from the usual address, expandable to 3 if the move was to a different municipality.

6) Workers shall have three days ' paid leave for their own affairs, fixed in agreement with the undertaking. These days will be considered effective work for all purposes. By way of exception, however, during the years 2012 and 2013, workers will only have two days ' paid leave.

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

8) For the time established to enjoy general educational and vocational training rights in the cases and in the form regulated in the legislation in force. The worker shall enjoy this permit on the calendar day in which he has the examination.

9) For vocational training in the terms referred to in Article 42.

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

11) Medical Licenses:

(a) The necessary to go to the family doctor, or similar, specialist of the Social Security or Medical Society. The time spent must be credited.

(b) Up to 15 hours a year to accompany medical visits to minor children or first-degree relatives of consanguinity or affinity, who have their physical or mental faculties impaired and thus accredited.

In both cases the use of these hours must be notified to the employer in good time, except for emergency reasons.

12) Breastfeeding workers of a child under 9 months shall be entitled to an hour of absence from work which may be divided into two fractions. The duration of this permit will be increased proportionally in the cases of childbirth, adoption or multiple acceptance.

If you exercise this right, you can replace it with a reduction of the normal working day in half an hour for the same purpose or accumulate in full days.

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

The time-frame and the determination of the period of enjoyment of the breastfeeding permit will correspond to the worker, within his ordinary day. Except force majeure, the worker shall be required to provide 15 days in advance of the date on which the breastfeeding permit will start and end.

(13) Pregnant workers shall be entitled to be absent from work, with the right to pay, for the conduct of prenatal examinations and birth preparation techniques, prior notice to the employer and justification of the need to be carried out within the working day.

14) In the case of births of premature infants or for any cause, they must remain hospitalized after the birth, the mother or father shall be entitled to leave the job within 1 hour. You will also have the right to reduce your working day to a maximum of 2 hours with a proportional decrease in salary.

15) The worker shall be entitled to a reduction in the daily working day from an eighth to half of the duration of the day for reasons of legal guardian for direct care of children under 8 years of age or physically handicapped, mental or sensory, who does not perform a paid activity, with the proportional decrease in salary.

The worker who needs to take care of the direct care of a family member to the second degree of consanguinity or affinity, or who for reasons of age, accident or illness, cannot fend for himself and who does not have the same right. perform paid activity.

The worker will be entitled to a reduction in the working day, with the proportional reduction of the salary of at least half the duration of the work, for the care, during the hospitalization and continued treatment, of the child in his or her care affected by cancer (malignant tumours, melanomas and carcinomas), or by any other serious illness, involving long-term hospital admission and requiring the need for direct, continuous and permanent care, accredited by the report of the Public Health Service or administrative body of the Corresponding Autonomous Community and, at most, until the child is 18 years old. This reduction in working time can be accumulated in full days.

If two or more employees of the same company generate this right for the same deceased person, the employer may limit his or her simultaneous exercise for justified reasons of operating the company.

The time-frame and the determination of the period of enjoyment of the previously established reductions will correspond to the worker, within his ordinary day. Its implementation shall be carried out in accordance with the rights of reconciliation of the worker's personal, family and work life and the productive and organizational needs of the enterprises.

Except force majeure, the worker must prewarn 15 days in advance of the date on which he will start and end the requested reduction.

16) Workers who have the consideration of victims of gender-based violence or victims of terrorism will be entitled to make effective their protection or their right to comprehensive social assistance, to the reduction of working time with a proportional reduction in the salary or rearrangement of working time, through the adaptation of the timetable, the application of the flexible timetable or other forms of organisation of working time which is mutually beneficial the agreement is agreed with the employer, applying the rules contained in point 15 of the First paragraph of this Article in line with the provisions of Article 37 of the Staff Regulations.

24.2 Excessences:

1) The worker, with at least one year's seniority in the company, has the right to be recognized as being on a voluntary basis for a period of not less than 4 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.

2) Care for child care. Workers shall be entitled to a period of leave of absence of not more than 3 years to take care of the care of each child, either by nature or adoption or in the case of a (permanent or pre-adopted) reception from the date of birth or administrative judicial decision.

3) Excedence for care of a relative until second degree of consanguinity or affinity. You shall also be entitled to a period of leave of absence of not more than 2 years, workers to care for the care of a family member up to the second degree of consanguinity or affinity, for reasons of age, accident or illness cannot be recovered. by itself, and does not carry out paid activity.

If two or more employees of the same company generate this right for the same deceased person, the employer may limit his or her simultaneous exercise for justified reasons of operating the company.

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

24.3 Suspension with job reservation:

Suspension of the job for delivery, adoption or reception of children under the age of 6 years or under age of 6, disabled, disabled or with problems of social and family integration.

In the course of delivery, the suspension will last for sixteen weeks uninterrupted, expandable in the case of multiple birth in two weeks more for each child from the second. The period of suspension shall be distributed to the person concerned, provided that six weeks are immediately after delivery. In the event of the death of the mother, regardless of whether or not she is carrying out any work, the other parent may make use of the whole or, where appropriate, the remaining part of the suspension period, computed from the date of delivery, and without that the party which the mother had been able to enjoy before the birth was neglected. In the case of the child's death, the period of suspension shall not be reduced unless, after the end of the six-week compulsory rest period, the mother is required to return to her job.

However, and without prejudice to the six weeks immediately following the mandatory rest period for the mother, in the event that both parents work, the mother, at the beginning of the rest period, maternity, may choose to have the other parent enjoy a certain and uninterrupted part of the post-birth rest period either simultaneously or in succession with that of the mother. The other parent may continue to make use of the period of maternity leave initially transferred, although at the time provided for the return of the mother to work, the mother is in a situation of temporary incapacity.

In the event that the mother does not have the right to suspend her professional activity entitled to benefits in accordance with the rules governing that activity, the other parent shall have the right to suspend her employment contract. for the period which would have been for the mother, which shall be compatible with the exercise of the right recognised in the following Article.

In cases of preterm birth and in those in whom, for any other cause, the neonate must remain hospitalized after delivery, the period of suspension may be computed, at the request of the mother, or in the absence thereof, of the another parent, as of the date of discharge. It is excluded from that calculation the six weeks after the birth, the compulsory suspension of the mother's contract.

In cases of preterm birth with a lack of weight and those other in which the neonate requires, for some clinical condition, hospitalization after delivery, for a period of more than seven days, the period of suspension is will extend in as many days as the born is hospitalized, with a maximum of thirteen additional weeks, and in the terms in which it is regulated.

In the cases of adoption and acceptance, in accordance with Article 45.1 (d) of this Law, the suspension will last for sixteen weeks uninterrupted, extensible in the event of adoption or multiple acceptance in two weeks for each child from the second.

Such suspension shall produce its effects, at the choice of the worker, either on the basis of the judgment in the court for which the adoption is constituted, or on the basis of the administrative or judicial decision of a host, provisional or definitive, without in any case the same minor being entitled to several periods of suspension.

In case both parents work, the suspension period will be distributed to the interested parties, who will be able to enjoy it simultaneously or successively, always with periods uninterrupted and with the limits indicated.

In cases of simultaneous enjoyment of rest periods, the sum of the rest periods shall not exceed the sixteen weeks provided for in the preceding paragraphs or those corresponding to childbirth, adoption or acceptance. multiple.

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

The periods referred to in this paragraph may be enjoyed on a full-time or part-time basis, subject to agreement between the employers and the workers concerned, on the terms which they regulate determine.

In cases of international adoption, where the prior movement of the parents to the country of origin of the adoptee is necessary, the period of suspension, provided for in each case in this paragraph, may be initiated. up to four weeks before the resolution for which the adoption is constituted.

Workers will benefit from any improvement in working conditions to which they may have been entitled during the contract suspension.

CHAPTER VI

Wage Structure

Article 25. Remuneration concepts.

Remuneration will be structured as follows:

25.1 Base Salary.

25.2 Pay Add-ons.

a) Personal complement of seniority.

b) Quality or quantity of work complement:

-Plus special services add-on.

-Plus for work-wear cleaning.

-Plus of holidays.

c) Extrasalarial Devengos.

-Diets:

Average diet.

Whole diet.

Pernoctation

-KilmID.

d) Top-end-to-month complements:

-Extraordinary summer grade.

-Extraordinary Christmas grade.

Article 26. Remuneration.

For the years 2012 and 2013, the salary tables set out in the art will be applied. 43 of the convention.

Pay Review:

-Year 2012: In case the CPI established by the INE recorded at 31 December 2012 an increase of more than 5%, as soon as this circumstance is officially recorded, an upward revision will be carried out in the aforementioned excess on the basis of the agreement, with retroactive effect to 1 January 2012.

-Year 2013: In case the CPI established by the INE recorded at 31 December 2013 an increase of more than 5%, as soon as this circumstance is officially recorded, an upward revision will be carried out in the aforementioned excess on the basis of the agreement, with retroactive effect to 1 January 2013.

Article 27. Salary supplements.

A) Antiquity staff: All workers will receive, for their stay in the company 4% of the base salary for every five years of seniority in the company

B) Quantity or quality of work (to be perceived in addition to the corresponding salary):

Plus special services supplement: Given the special characteristics of the companies affected by this agreement, which gives rise to having to perform or provide services on Sundays or during night hours in the form of These services will be paid 7.99 € (2012) and 8.01 € (2013) for service. There shall be an obligation to provide the same.

Plus for the cleaning of garments: In the form of compensation or supply, the amount to be paid in respect of the amount referred to in the annexes to the agreement, consisting of 30,19, shall be paid in respect of the cleaning of the working garments. € (2012) and 30.31 € (2013) monthly for eleven monthly payments. The companies that prefer it will be able to replace this obligation if they run the same with the cleaning of the garments.

Plus of holidays: The work that is paid in festive, will be remunerated with a plus of 57.01 € (2012) and 57.24 € (2013). "Holidays" are understood to be the fourteen days marked as such in the annual work calendar.

Article 28. Extraordinary rewards of July and December.

All workers affected by this agreement will be paid two extraordinary bonuses in the months of July and December, equivalent to the value of a monthly salary allowance.

These bonuses will be paid, the first of them, during the month of July, preferably before the 15th, and the second in the first half of December or prorated throughout the year in 12 common monthly agreement between the company and the worker.

Article 29. Extranalarial supplements. Displacement and diets.

If, for the needs of the service, the worker cannot return to eat, dine or sleep at home, the company will compensate the expenses incurred by these displacements through food and overnight stays. mode:

Average diet (food or dinner): 11.40 € (2012) and 11.44 € (2013).

Whole diet: 23.95 € (2012) and 24.05 € (2013).

Overnight: 54.74 € (2012) and 54.95 € (2013). In the event of the worker being forced to pay a higher amount, the difference shall be paid by the undertaking to the presentation of the supporting document.

Mileage: 0.31 €/Km., provided the vehicle is contributed by the worker.

Article 30. Salary payment.

The payment of the salary must be made during the first two days of the month following the work, in any of the legally provided modalities within its working day, having sufficient time to do so cash. The employer is obliged to provide the worker with the corresponding salary receipt in the official model.

CHAPTER VII

Social enhancements

Article 31. Retirement.

1. Early voluntary retirement. The workers affected by this Convention, with at least 15 years of work in the company, who wish to take early retirement from mutual agreement with the company, will receive it for one time, if they will retire when they meet. the age of:

60 years: 15 base salaries.

61 years: 12 base salaries.

62 years: 8 base salaries.

63 years: 5 base salaries.

2. Partial retirement: The parties recognize the suitability of this contract for use in the sector, based on this, they urge the parties to implement them according to the needs of each company.

Workers who meet the requirements laid down in Articles 166.2 of the recast of the General Law on Social Security (Royal Decree 1/1994 of 20 June 1994) and Article 12.6 of the Statute of the Workers, in accordance with the new wording established by Law 40/2007 modified with date 30/6/2008 of Measures in the Field of Social Security, will be able to access partial retirement, according to the company

To do this, workers must apply to the company in writing. The application for partial retirement must be accompanied by original certification of the worker's working life, and must be submitted at least three months before the date of retirement. In addition, it will be necessary for the person concerned, at the time of the start of the partial retirement situation, not to be in any of the causes of the suspension of the contract of employment provided for by the legislation in force.

The percentage of reduction and service delivery will be established respecting the established legal limits at all times. The worker's working time reduction shall be at least 25%.

This reduction in working time will be implemented through the subscription of a part-time and written contract in an official model. The work, rest and holidays must be carried out, unless otherwise agreed, in two of the summer months and in the shift and timetable the worker had before moving on to the situation of partial retirement.

The company will simultaneously hold a contract of relief work with a worker in legal status of unemployment or who has concluded a contract with the company of a fixed duration, in which it must cease previously and compulsory, in order to replace the day left vacant by the worker who partially retires. The contract duration will be indefinite.

The workday of the reliever worker will be the same as the retired worker in the left vacant part of the worker.

Retired workers will partially perceive the same amount of clothing as workers located in the company, until they retire entirely.

3. Retirement at the age of 60 and four: As long as the legislation in force so permits, retirement may be applied for at the age of 60 and four years, forcing the company to replace the worker who retires by another worker in the the same conditions laid down in the legal provision of application.

Article 32. Collective accident insurance.

The companies will establish a collective accident insurance for all workers who guarantee to the same workers the perception of 16,500 euros, in the event that as a result of the accident the worker is in the situation of absolute permanent incapacity, or of EUR 23,100 if the accident resulted in death, the amount of which will be received.

Article 33. Uniform.

The companies will provide the helpers of applicators, drivers of 2. and 1. of the same, laboratory assistants and service coordinators three complete work uniforms a year, including footwear. Warm garments will be made available in winter. Irrespective of the above and where the special circumstances of the Services to be performed so require, the appropriate dressing room shall be provided, taking into account the provisions of the Law on the Prevention of Occupational Risks 31/1995 and development regulations.

CHAPTER VIII

Job Health

Article 34. Health surveillance.

The employer shall ensure that the workers at their service are regularly monitored for their health in the light of the risks inherent in the work.

Health surveillance and control measures shall be carried out in accordance with the right to privacy and the dignity of the worker and the results shall always be communicated to the worker.

Article 35. General rules.

In all matters that affect safety and health at work, the Law 31/1995 of 8 November, on the prevention of occupational risks, its regulatory standards for development and other regulations will apply. concordant. The provisions of a working nature contained in that Law, as well as the regulatory rules which are dictated for their development, have the necessary minimum necessary legal character, thus being fully applicable. The protection of workers ' health is a basic and priority objective of the signatory parties and considers that, in order to achieve this, a correct risk assessment is required in the workplace, which will enable the the planning of preventive actions with a view to eliminating or controlling and reducing such risks. For these purposes, both parties agree to address the implementation of this subject in line with the following general criteria and declarations:

A) Principle of preventive action:

The employer shall apply the measures that make up the general duty of prevention provided for in the previous Article, in accordance with the following general principles:

a) Avoid and combat risks at source.

b) Evaluate the risks that cannot be avoided.

c) Replace the dangerous with little or no danger, using individual protective equipment only when it is not possible to avoid risks by acting on their causes.

d) Adopt measures that put collective protection before the individual.

e) Plan for prevention. Prevention management must be inexcusably part of the objectives of the company and therefore, in some way, the design and development of the preventive programme may be adjective or lateral in character.

f) Adapting the work to the person, especially as regards the conception of the jobs.

B) Business obligations and workers ' rights:

Workers are entitled to effective safety and health protection at work.

This right implies the existence of a correlative duty of the employer to protect workers in the face of occupational risks.

The rights of information, consultation and participation, training in preventive matters, cessation of activity in case of serious and imminent risk and surveillance of its health status, in the terms provided for in the Law of Prevention, they are part of the right of workers to effective protection in the field of safety and health at work.

In compliance with the duty of protection, the employer must ensure the safety and health of the workers at their service in all aspects related to the work. To this end, in the context of its responsibilities, the employer will carry out the prevention of occupational risks by taking as many measures as are necessary for the protection of the safety and health of workers in the field of work. risk assessment, information, consultation and participation and training of workers, action in case of emergency and serious and imminent risk and health surveillance.

The entrepreneur will develop a permanent action to improve the existing levels of protection and will have the necessary to adapt the relevant preventive measures to the changes that may be made. experience the circumstances that affect the performance of the work.

The employer must comply with the obligations laid down in the regulations on the prevention of occupational risks.

The cost of measures relating to safety and health at work should not be borne in any way by workers.

C) Change of post by risk in case of pregnancy and right of return to post.

The risk assessment shall include the determination of the nature, degree and duration of the exposure of women workers in a situation of pregnancy or recent birth, to agents, procedures or conditions of work which may have a negative impact on the health of workers or the unborn child, in any activity likely to present a specific risk. If there is a risk to safety and health or a possible impact on pregnancy and breast-feeding, the employer shall take the necessary measures to avoid exposure to such a risk, through an adaptation of the conditions of the working time of the affected worker. Such measures shall include, where necessary, the non-performance of night work or shift work.

Where adaptation is not possible or, in spite of such adaptation, the conditions of a job may have a negative impact on the health of the pregnant worker or the fetus, and the doctor certifies that the adaptation is not possible. The social security scheme applicable to the worker, the worker must have a different job or function and is compatible with her state. The employer shall determine, after consultation with the representatives of the employees, the relationship between the positions and the risk-free jobs.

The change of position or function will be carried out in accordance with the rules and criteria applied in the functional mobility assumptions and will have effects until the time the worker's health status permits incorporation to the previous post. If the worker's job or function is not compatible, the worker may be assigned to an office which does not correspond to her group or equivalent category, but shall retain the right to the set of remuneration of her place of origin. All this will also apply to the breastfeeding period.

In the event that no job or function is compatible with the worker's status, the worker will move to a situation of suspension of the contract of employment entitled to an economic benefit by risk during pregnancy. This benefit shall consist of a subsidy equal to 100% of the corresponding regulatory base, in accordance with the provisions of Articles 31 et seq. of Royal Decree 295/2009 of 6 March 2009 governing the provision of services Social security system for maternity, paternity, risk during pregnancy and risk during natural lactation.

In the event of risk during pregnancy, the suspension of the contract will end on the day the suspension of the birth contract begins or the worker's inability to return to her post will disappear. previous or another compatible with their status.

CHAPTER IX

Disciplinary regime

Article 36. Principles of ordination.

Faults, as long as they constitute a contractual breach and guilty of the worker, may be sanctioned by the company's management, according to the graduation established in this chapter. Any failure committed by the workers shall be classified as minor, serious or very serious. The absence, whatever their qualification, will require written and motivated communication from the company to the worker.

The imposition of penalties for serious and very serious misconduct shall be notified to the legal representatives of the workers, if any.

Article 37. Graduation from fouls.

1. Minor faults shall be considered:

a) Three unjustified punctuality faults, at the entry or exit of the job during the 30-day period.

b) Unjustified inattendance at one day's work during the one month period.

(c) Non-communication prior to the prior due date of the inattendance at work for justified reasons, unless the notification is not possible.

(d) Abandonment of the post without a justified cause for short periods of time and provided that this has not caused a risk to the integrity of the persons or things, in which case it may be qualified, according to the seriousness, as severe or very severe.

e) Disattention and lack of correction in dealing with the public when they do not seriously damage the image of the company.

(f) Neglect in the preservation of the material that is held in charge or is responsible and which produces slight deterioration of the material.

2. Serious faults shall be considered:

(a) Unjustified punctuality faults, at the entry or exit of the job, from 4 to 6 occasions within 30 days.

b) Unjustified inattendance at work of two to four days during the one month period.

c) Hindering, malicious omission, and distortion of data that has an impact on Social Security.

d) The simulation of disease or accident, without prejudice to the provisions of paragraph "d" of the following paragraph.

e) The impersonation of another worker/a, by altering the records and input and output controls of the job.

(f) Disobedience to work orders and instructions, including those relating to safety and hygiene rules, as well as negligence or negligence at work, unless they result in serious harm to the company, cause damage to the facilities, machinery and, in general, property of the company or risk of accident for the persons, in which case they will be considered as very serious faults.

g) The lack of communication to the company of the defects or abnormalities observed in the tools, tools, vehicles and works in charge of the company, where serious injury to the company has been caused.

h) The completion without the appropriate permission of particular works during the day as well as the use of useful, tools, machinery, vehicles and, in general, goods of the company for which it is not authorized or for uses Other than those of the job entrusted, even outside the working day.

(i) The breach or violation of must-reserve secrets that does not cause serious harm to the company, always within the limits of the right to freedom of expression of the worker.

j) Unusual drunkenness at work.

k) The lack of grooming and personal cleansing when it may affect the production process or service delivery and provided that, in advance, the company's timely warning has been mediated.

(l) The poor performance of the work entrusted by causes attributable to the worker, when it does not result in injury to the company.

ll) The offenses of word or deed against people, with the intention of discrediting, or humiliating and producing an alteration of the coexistence in the work.

m) Those arising from the provisions of paragraphs (1) (d) and (e) of this Article.

n) The recidivism in the commission of five minor faults, provided that there was a sanction other than the verbal admonition, within a semester.

3. They shall be considered to be very serious:

(a) Repeated failures of unjustifiable punctuality, at work entry or exit, on seven occasions within 30 days or on 10 occasions for six months or 20 for one year.

b) Unjustified inattendance at work for three consecutive days or five alternate days in a period of one month.

c) Fraud, disloyalty and breach of trust in the management of the company, theft or theft of property owned by the company, compañeros or any other persons within the agency's premises. company.

d) The simulation of illness or accident or prolongation of the sick or accident discharge in order to carry out any work for own or other account.

e) The breach or violation of secret must-reserve secrets that will cause serious harm to the company, always within the limits of the right to freedom of expression of the worker.

f) The usual drunkenness during work, as long as it affects the normal performance of the job and the company has put the means for the worker to overcome the disease.

g) The performance of activities involving direct and current direct competition to the company.

(h) The derivatives of paragraphs 1 (d) and 2 (f); (l) and (m) of this Article.

i) The voluntary and continuous decline in the performance of normal or agreed work.

j) Abuse of authority exercised by those who perform command functions.

k) Sexual, moral or psychological harassment, both among peers and among people between whom there is a hierarchy relationship.

l) The repeated non-use of protection elements in the field of safety and hygiene.

m) The poor execution of the work entrusted by causes attributable to the worker when it is caused some damage to the company.

n) the reoffending or reiteration in the commission of serious misconduct considering as such a situation in which, prior to the time of the commission of the fact, the worker/a would have been sanctioned two or more times by the serious misconduct, during the period of one year.

Article 38. Penalties.

1. The maximum penalties to be imposed by the commission for the offences listed in the previous article are as follows:

-For a slight lack: Written or suspension of employment and 1 day salary.

-For severe lack: Suspension of employment and salary from 2 to 7 days.

-For a very serious lack: Suspension of employment and pay of 8 to 20 days or dismissal.

2. In all cases, a proportional discount of the remuneration for the actual time left to work for lack of assistance or unjustified impunity.

3. The adverse warnings which, as a result of the sanctions brought, may be entered in the personal files, shall be cancelled at the time of two, four or six months ' time, in the case of a minor, serious or very severe.

4. In no case shall the sanctions be applied to their minimum degree in the cases of sexual, moral or psychological harassment, when they occur with the prevalement of the superior work/hierarchical position of the aggressor/a or stalker.

Article 39. Prescription of faults:

a) Mild high: 10 days.

b) Severe high: at 20 days.

c) Very severe high: 60 days elapsed.

In all assumptions, the deadlines will start counting from the day the company became aware of the fault commission.

In any case, the faults will be prescribed within three months of the time being committed.

Article 40. Neglect and inapply wage increases.

1. This collective agreement obliges all employers and employees within their scope of application.

However, by agreement between the company and the representatives of the workers entitled to negotiate a collective agreement in accordance with the provisions of Article 87 (1) of the Treaty on the legal basis of workers, (a) to apply, after a period of consultation has been carried out under Article 41.4 of the Staff Regulations, the working conditions agreed upon when economic, technical, organisational or conformity production causes are present; with the set in the art. 82.3 ET and affecting the following subjects:

a) Workday.

b) Time and distribution of working time.

c) Shift work regime.

d) Pay and salary system.

e) The work and performance system.

(f) Functions, where they exceed the limits for functional mobility provided for in Article 39 of the Staff Regulations.

g) Voluntary improvements to the protective action of Social Security.

It is understood that economic causes are present when the results of the company result in a negative economic situation, in cases such as the existence of current or anticipated losses, or the persistent decrease in their level of revenue or sales. In any event, the decrease is understood to be persistent if for two consecutive quarters the level of revenue or sales for each quarter is lower than that recorded in the same quarter of the previous year.

It is understood that technical causes are present when changes occur, among others, in the field of means or instruments of production; organizational causes when changes occur, among others, in the field of systems and methods of work of the staff or in the way of organizing production, and productive causes when changes occur, among others, in the demand for the products or services that the company intends to place on the market.

In the case of the absence of legal representation of workers in the company, they may attribute their representation to a commission designated in accordance with the provisions of Article 41.4.

When the period of consultations is concluded by agreement, the supporting causes referred to in the second subparagraph shall be presumed to be present, and may be challenged only in the case of social jurisdiction for the existence of fraud, or abuse of law in its conclusion. 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 that undertaking. The non-application agreement may not give rise to the failure to comply with the obligations laid down in the Convention relating to the elimination of discrimination on grounds of gender or which are envisaged, where appropriate, in the Equality Plan. applicable in the company. The agreement must also be notified to the joint committee of the collective agreement.

In case of disagreement during the period of consultations either party may submit the discrepancy to the Joint Commission, which will have a maximum of seven days to decide, to be counted since the Discrepancy was raised. Where the intervention of the Commission has not been requested or has not reached an agreement, the parties shall have recourse to the autonomous dispute settlement procedures provided for in the Fifth Agreement on the Autonomous Settlement of Conflicts. Labor or pact that has happened to you.

When the period of consultations is terminated without agreement and the procedures referred to in the preceding paragraph have not resolved the discrepancy, either party may submit the solution of the dispute to the Commission. National Advisory of Collective Agreements when the implementation of the working conditions affects the work centres of the enterprise located in the territory of more than one autonomous community, or the corresponding organs of the communities in other cases. The decision of these bodies, which may be adopted within their own body or by a arbitrator appointed for the purpose by themselves with due guarantees to ensure their impartiality, shall be issued within a period of not more than 25 days from from the date of the submission of the conflict to those bodies. Such a decision shall have the effectiveness of the agreements reached in the period of consultations and shall only be used in accordance with the procedure and on the basis of the grounds laid down in Article 91 of the Staff Regulations.

The outcome of the procedures referred to in the preceding paragraphs that have ended with the application of working conditions shall be communicated to the Employment Authority for the sole purpose of deposit.

CHAPTER X

Other Provisions

Article 41. Anti-discrimination.

(A) General clauses.-The parties affected by this agreement and in the application thereof, undertake to promote the principle of equal opportunities and non-discrimination in working conditions for reasons of sex, sexual orientation, marital status, age, race, nationality, social status, religious or political ideas, affiliation or not to a union, as well as for reasons of language within the Spanish State.

This commitment entails removing obstacles that may have an impact on non-compliance with equal conditions between women and men, as well as putting in place positive or other action measures needed to correct possible situations of discrimination.

(B) Equal pay clauses for work of equal value. The employer is obliged to pay for the benefit of equal value work the same remuneration, which is directly or indirectly satisfied, and nature of the same, wage or extrasalarial, without any discrimination on grounds of sex in any of the elements or conditions of that. (Law 33/2002 of 5 July, modification of the art. 28 of the ET, BOE 161, 6/07/2002.

[C] The gender clause Neutral. -In the text of the Convention, the male as a generic has been used to cover the workers, without this being ignorant of the differences of gender, to the effect of not perform too complete a write.

Article 42. Training.

The signatories agree to accede to the Fourth National Training Agreement, signed on February 1, 2006, and extended by Resolution of 27 January 2011 until the completion of the 5th Agreement or the one that replaces it at the time.

Workers have the right to professional promotion and training at work, including the right to adapt to changes in the workplace, as well as to the development of training plans and actions. intended to promote their increased employability. In any event, the aim of the training is to be considered as effective in the form of training aimed at adapting to the changes in the workplace as well as those for training schemes and actions linked to the business of the company. and performed by business initiative or authorized by it.

Workers with at least one year's seniority in the company are entitled to a paid leave of 20 hours per year of professional training for employment, linked to the activity of the company which can be accumulated for a period of time. for up to five years, and in accordance with the terms of Article 23.3 of the Staff Regulations.

Article 43. Salary tables 2012 and 2013.

1) Pay tables 2012.

Categories

Monthly Base Salary

Salary

annual

Plus seniority

1 five-year

Plus clothes cleaning

(11 months)

Chief.

1.369.42

19.171.81

54.78

-

Garante Technician.

1.369.42

19.171.81

54.78

-

Chief 1.

1.182.95

16.561, 30

47.32

-

2.

1.170, 92

16.392.88

46.84

-

Service Monitor.

1,025.56

14.357, 81

41.02

-

1.

1.025.56

14,357.81

41.02

-

Team Coordinator.

966.41

13.529, 74

38.66

30,19

Driver of 1. ª

892.23

12.491.15

35.69

30,19

2.

892.23

12.491.15

35.69

-

Lab.

892.23

12.491.15

35.69

30,19

.

Driver Driver

833.08

11.663.09

33.32

30,19

Applicant.

783.96

10.975.37

31.36

30,19

Auxiliary.

783.96

10.975.37

31.36

-

2) Salary tables 2013:

Categories

Base Salary

monthly

Salary

yearly

Plus

age

1 five-year

Plus cleanup

clothing

(11 Months)

1.374.89

19.248.50

55.00

-

Garante Technician

1.374.89

19.248.50

55.00

-

1.187.68

16,627.55

47.51

Chief 2.

1.175.60

16.458.45

-

-

Service_table_izq"> Service Monitor.

1,029.66

14.415.24

41.19

-

Officer 1.

1,029.66

14,415,24

41.19

-

Team Coordinator.

970.28

13.583.86

38.81

30,31

1.

895.79

12.541.11

35.83

30,31

2.

895.79

12.541.11

35.83

-

Assistant.

895.79

12.541.11

35.83

30,31

836.41

11.709.74

11.709.74

33.46

30,31

Applicator Assistant.

787.09

11.019.27

31.48

30,31

Auxiliary.

787.09

11.019, 27

31.49

-

Article 44. Agreement on the Prevention of Sexual and Harassment Harassment by Reason for Sex.

The right to honor, privacy and respect for dignity are rights recognized in the Constitution, as well as the right to non-discrimination. They are all rights that must be guaranteed in all spheres, including the workplace, with undoubted benefits for businesses and workers.

Harassment, whatever its nature, negatively affects work. The anxiety it produces makes people who suffer them less effective at work, abandon their posts in many cases and do not dare to denounce it for fear of possible reprisals. Lower performance and motivation, absenteeism and lower productivity are the consequences of this type of behavior.

The Organic Law for Effective Equality between Women and Men, taking a step beyond the provisions of the Workers ' Statute and the Law on the Prevention of Labor Risks, establishes in its article 48 the need and legal obligation for companies to promote working conditions that prevent sexual harassment and harassment on grounds of sex, as well as the arbitration of specific procedures for their prevention and to give caution to complaints or complaints which may formulate those who have been the subject of it.

Understanding that the participation of workers, through their representation, is essential in the creation of a healthy and free labor climate of this type of behavior, the undersigned business and union organizations We commit ourselves to:

To encourage and ensure the respect, consideration and fair treatment of workers and workers of companies, through information of the principles contained in this agreement or sectoral protocol, as well as of all preventive measures which companies, with the legal representation of workers, resolve necessary: codes of good practice, information campaigns or training actions.

Establish action protocols against acts of harassment in companies in the sector, which will include:

1. The company's commitment to prevent and not tolerate sexual harassment and harassment on the basis of sex.

2. Instruction to all staff of their duty to respect the dignity of persons and their right to privacy, as well as equal treatment between women and men.

3. The reserved treatment of complaints of facts which may constitute sexual harassment or harassment on grounds of sex, without prejudice to the provisions of disciplinary rules.

4. The identification of the person or persons responsible in the company to attend to those who make a complaint. In the case of undertakings with an obligation to draw up and implement an equality plan, and if so agreed between the parties, the complaints shall be addressed and the internal procedure initiated and executed by the member or members determined by the Commission. for the Equal Opportunities of the company. It is necessary to accept these functions on a voluntary basis by appointing this person unanimously by all the representatives of the company or by the intervention of the workers if there is no legal representation of the employees. workers.

5. The internal procedure for action. This must be agile and ensure confidentiality and must function independently of the legal actions that the person concerned could bring before any judicial body.

6. The persons entrusted with the company to take care of the complaints of harassment must expressly commit themselves to maintain the professional secrecy, as well as to the protection of the personal data in accordance with the provisions of the Law Organic 15/1999, dated December 13.

Article 45. Equality plans.

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

2. In the case of undertakings of more than 250 employees, the equality measures referred to in the preceding paragraph shall be directed towards the drawing up and implementation of an equality plan. The plans for the equality of enterprises are an ordered set of measures taken after a diagnosis of the situation, aimed at achieving in the enterprise of equal treatment and opportunities between women and men and to eliminate the discrimination on grounds of sex. The equality plans shall set the concrete objectives of equality to be achieved, the strategies and practices to be adopted for their achievement, as well as the establishment of effective systems for monitoring and evaluating the objectives set.

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

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

Article 46. Equal parity commission.

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

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

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

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

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

The Joint Equality Commission shall be composed of 8 members, under the same conditions as the Joint Commission for the interpretation and monitoring of the Convention, and on condition that they be the same as those appointed for the said Convention. Joint Commission. Both commissions will share the 35-hour credit schedule, with the advisors that the parties believe to be appropriate.