Having regard to the text of the State Collective Convention on Large Stores (Convention Code No. 99002405011982), which was signed on 30 January 2013, by the National Association of Large Distribution Companies (ANGED) representing companies in the sector, and another by the trade unions FASGA and FETICO on behalf of workers, and in accordance with the provisions of Article 90 (2) and (3) of the Law on the Status of Workers, Text Recast adopted by Royal Decree Legislative 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, April 8, 2013. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.

LARGE WAREHOUSE STATE COLLECTIVE AGREEMENT

TITLE I

Individual rights

CHAPTER I

Scope and Review

Section 1

Article 1. Functional scope.

This Collective Agreement establishes the basic working standards of companies that were governed by the Collective Convention of Large Stores.

This Convention shall also be governed by this Convention:

A) As companies:

1. The respondents in the National Association of Large Distribution Companies (ANGED), who did not have concurrent collective agreement.

2. Which, belonging to the same group of companies of the respondents in ANGED, regardless of the activity they develop, or render their services mainly in the physical space in which the main activity is deployed, or their activity contribute to or complement the principal, and come by applying or making express remission of submission to the present agreement.

3. Those operating as franchisees referred to in point 1 above in the activity described in point 4 below, irrespective of the number of square metres of sale.

4. The purpose of which is a commercial activity primarily engaged in mixed retail trade in medium and large areas, with one or more work centres organized by departments, provided that they meet at national level, such as company or group of companies, an area of sale not less than 30,000 square meters, in some of the following ways:

4.1 Large Stores: Such are those companies that have one or more retail outlets that offer a broad and relatively deep assortment of various product ranges (mainly items for the equipment of the household, clothing, footwear, perfumery, food, etc.), presented in multiple departments, in general with the assistance of a sales staff, and who also put various services at the disposal of the clients.

4.2 Hypermarkets: This is understood by companies that have one or more retail outlets that offer mainly in self-service a wide range of food products and non-food products. for sale, which usually provides parking and provides various services to the customers.

5. The Large Specialised Areas: Understanding those which, by bringing together the characteristics of activity, volumes and minimum size laid down in the previous paragraph, agree with the representation of workers that they are included in the present convention.

6. The convention shall not apply to undertakings engaged in the activity of supermarkets, except for express reference in accordance with the provisions of the preceding number 2.

B) As workers: Those who provide their services with such a character for the companies included in the scope of application.

This Convention shall not apply to persons who are included in one of the cases referred to in Articles 1, 1.3 and 2 of the Royal Legislative Decree 1/1995 of 24 March, for which the Text Recast of the Law of the Workers ' Statute.

Article 2. Territorial scope.

This Convention will be applicable throughout the territory of the Spanish State for companies and workers included in the functional field.

Article 3. Temporary scope, repeal clause and review.

1. The general term of this Convention shall be initiated from 1 January 2013, ending on 31 December 2016, except for matters which have a specific validity expressed in the Convention itself.

The economic effects of the wage tables will enter into force on 1 January 2013, except as expressed in the Convention itself.

The complaint of the Collective Agreement, or of the party intended to be reviewed at the end of its partial term, shall be made in accordance with Article 89 of the Staff Regulations, and shall be notified within a period of time. a minimum of 15 days before the end of its validity.

In accordance with the provisions of Article 86.3 of the Workers ' Statute, if no agreement is reached in the negotiation period, the parties will subject their differences to a mediation in the terms provided for in this Agreement. the agreement to resolve any discrepancies arising in the Joint Committee, although in the present case the submission of disputes to arbitration will be voluntary.

2. Repeal:

From the moment of entry into force of the effects of this Convention are expressly repealed, and replaced by the previewed, each and every one of the contents of the previous collective agreement published in the BOE of 5 October 2009 and October 18, 2012.

Section 2. Rules and articulation relationship

Article 4.

The rights and obligations arising from industrial relations in the field of application of this Convention, in compliance with the content of Article 3. of the Staff Regulations, shall be governed by the provisions of the Convention. as a homogenizing element of the working conditions in the sector throughout the national territory, as it is a Collective Agreement negotiated under the provisions of Article 83.2 of the Workers ' Statute.

Consequently, and in order to establish for the scope of the present Convention a rational and homogeneous structure, avoiding the effects of the disarticulation and dispersion, the parties legitimized in the field of (a) the structure of collective bargaining in the department of department stores is to be integrated by this negotiating unit at the state level, with the express exclusion of any other and, where appropriate, the development of the same within each company, with respect in any case to the legislation in force.

CHAPTER II

Revenue, professional groups, contract modes, promotions

Section 1. Revenue and Test Period

Article 5. Test period.

The income of the workers shall be deemed to be done by evidence according to the following scale corresponding to the classification of the staff in the various professional groups listed in Article 6. To know:

Mandos Group: Six months.

Technical Group: Six months.

Coordinators Group: Four months.

Professional Group: Three Months.

Base Staff Group: Three Months.

These periods will be of effective work, thus, the situation of Temporary Incapacity, whatever the reason for it, will be discontoured.

Section 2. Staff Classification

Article 6. Professional Groups.

Depending on the professional skills, qualifications and general content of the benefit, the following professional groups and the specific content that define them will be established, with a normative character Ten years from its publication in the "BOE":

Defining professional groups

Base Staff Group: Basic theoretical training equivalent, at least, to graduate in secondary education, school graduate or similar. The objectives and working methods are examined and set under supervision, in advance. The worker receives precise indications about the methods to be used and the development of the work is controlled by a superior, so he must not and must not make autonomous decisions, except for the simple/obvious that demands the realization of any task. The work is fully standardized and standardized, the procedures are uniform and there are directly applicable instructions requiring only a certain initiative or personal contribution to complete and adjust the rules to the work concrete. The information needed for the work is obtained directly and immediately. The position does not imply any direct or indirect responsibility for the management of human resources, but it requires knowledge of the basic safety standards inherent in each post. With regard to economic responsibility, its errors and faults only affect the mission of the post, without affecting the rest of the organization, except when they refer to the service provided to the clients or affect the image of the company, in which Case may be significant. Saves confidentiality about the basic information, which exists in your work area.

Group of professionals: Theoretical or acquired training in practice up to a level equivalent to Bachiler, BUP, medium-grade FP or similar. The tasks carried out are the same as those carried out by the base personnel group, but their implementation is developed with a greater margin of autonomy based on the experience acquired. With the superior one defines the overall conception of the tasks, during whose realization, there is possibility to consult it punctually and the final result is verified; consequently, it exercises a certain autonomy when deciding on the concrete application of the methods for achieving the objectives. The tasks are normally standardized and are performed under general instructions, but some personal input is required to adapt the rules to the work in the face of new situations. Occasionally applies some actions or procedures to select, search, discriminate, etc. the necessary information, which is not always present, so it is necessary to perform actions to obtain it, actions that require skills normal, based on experience. The position does not imply direct responsibility in the management of human resources, although it requires knowledge and compliance with the basic safety standards that are inherent to it. With regard to economic responsibility, the actions or omissions only affect the mission of the post, with a slight incidence in the productive unit, except when referring to the service provided to the clients or affecting the image of the company, in whose case may be significant. You have access and confidentially use the basic information in your area.

Group of coordinators: Theoretical or practical training, up to a level equivalent to higher or similar vocational training. It performs by definition the tasks of the group of professionals but with absolute autonomy, since with the superior, evaluates the final result, only the general objectives are concretized, but not the methods, which are decided autonomously, there is no supervision during the autonomous decision process unless the worker requests it, without being able to constantly demand hierarchical assistance. A greater degree of initiative and creativity is also required, as there are rules and instructions, but they must be interpreted and fully adapted to set the concrete guidelines of the task. In order to obtain the information, it requires specialized knowledge, obtained through appropriate training. Collaborates in the management of human resources, carrying out actions aimed at orienting the behavior of the colleagues in the group of professionals or base personnel towards the achievement of the objectives, supervising the functions they develop and exercising, in the event that they are entrusted, functions aimed at achieving results, implementation and management in their area of activity.

Group of technicians: Titulation at the level of upper or middle school or faculties, complemented by specific studies. It performs with a high degree of autonomy complex activities with defined and concrete objectives and can be based on very broad guidelines on one or more sectors of the company. The worker has to decide in an autonomous manner on the processes, methods and validity of the final result of his work within the objectives set by the company. All this entails a great contribution of technical expertise. In the performance of your work you need to identify the information that requires and execute the actions that lead to the appearance of the information, to its obtaining and to its processing. Responsibility for their errors and faults has significant negative effects on the operation of the company.

Command Group: Theoretical or acquired training in the equivalent practice of a higher degree or a doctorate. At the immediate orders of the management and participating in the elaboration of the company's policy, he directs, organizes, coordinates and takes responsibility for the activities in his post.

The employee has to decide autonomously about the process, methods and validity of the final result within the objectives set by the company, without specifying in the practice of hierarchical assistance. The instructions are set out in general terms, and must be interpreted and adapted to a great extent, with the authority to set guidelines, for which a great personal contribution is required inescapably. The performance of the post requires the identification of what type of information is needed and also, specific actions to provoke its appearance and allow its obtaining. As for Human Resources management, it decides, opting for a line of action, on a set of employees, and it is their responsibility to train the people who are under their dependency. Designs, dictates and/or ensures safety standards. Economically, the responsibility for its errors and faults directly or indirectly affects the entire organization, and, in addition to being able to imply important immediate economic consequences, it has important negative effects on the functioning of the company. Consequently, it has access and uses inside information, which can have very serious consequences.

Section 3. Contract Modes

Article 7.

The hiring of workers will be in accordance with the general legal rules on placement in force at any time.

The following sections will apply to the different procurement modes:

1. The conditions agreed in this collective agreement relate to the performance of the ordinary maximum day agreed in Article 26, and therefore they will be applied proportionally according to the effective working day perform.

2. All workers will enjoy the same licenses or permits, paid holidays, weekly wage regimes, extraordinary pay, option to training courses, same sales commission regime, etc., provided that they are compatible with the nature of their contract in proportion to the time actually worked and the divisible or indivisible nature of the benefits they may be entitled to.

Article 8. Training contracts.

A) Contract of Practice: The provisions of the Workers ' Statute and standards of development will be included.

B) Contract for training and learning: The provisions of the Workers ' Statute and standards that develop it will be in place.

Given the characteristics of the sector and as soon as the legislation permits the minimum duration of these contracts, it may be six months.

If general legislation permits, time spent on theoretical training may be concentrated throughout the duration of the contract, provided that the duration of the contract has not been exhausted.

In order to encourage the incorporation of workers with contracts for training and learning, the maximum reference time in this modality will be the legal maximum in general in each moment and its remuneration, calculated by effective working time, shall be in proportion to the minimum interprofessional salary.

By agreement with the Business Committee or the Inter-Centers Committee, companies may develop the laws and regulations in this field, as soon as they are referred to the regulations provided for in collective agreements.

Article 9.

A. Part-time employment contract: The provisions of Article 12 of the Staff Regulations shall be laid down.

A. 1 In the event of an increase in the number of staff or vacancies to be filled, in similar terms, equal conditions, part-time contract workers will have a preference for new full-time hiring. To this end, the companies shall publish on the notice board of each centre, 15 days in advance of their execution, their intention to enter into full time of the centre in question.

A. 2 Part-time work contracts shall be specified in the number of hours per day, week, month, or contract year, as well as the criteria for their distribution under the terms provided for in this Convention.

Indicative terms may be set out in the contract as a general rule, understood as the periods in which the provision of ordinary work is required and, where appropriate, the additional hours. For this purpose, time reference shifts which can be established in general in the field of enterprise may be considered as a time slot.

The supplementary hours pact, when legally possible, may reach 40% of the ordinary hours contracted.

It will not be necessary to perform additional hours when it does not go together at the beginning or end of the ordinary day, and only one interruption (never greater than four hours) will be possible if the day actually performed is more than four hours.

Only additional hours in days in which no ordinary day is scheduled for a minimum of four hours continued and always within the contracted strip will be required.

The worker may leave the supplementary hours pact without effect for the assumptions set out in the Act.

A. 3 The initially contracted day may be extended temporarily when the assumptions justifying the temporary hiring are given. The causes of the temporary extension should be specified in the extension.

A. 4 For the probationary period, part-time contracts shall be within the meaning of Article 5 of this Collective Agreement and shall be determined in relation to the effective provision of contracted work.

B. Relief contract: The provisions of the Workers ' Statute will be in place, and in order to facilitate and speed up this type of hiring, the greatest facilities and possibilities that the legislation will allow at any time are conventionally assumed.

Article 10. Fixed-term contracts.

A. Eventual contract.

A. 1 The provisions of Article 15 of the Workers ' Statute shall apply.

A. 2 The maximum duration of this contract will be 12 months, within a period of 18 months. If it is concluded for a period of less than 12 months, it may be extended by agreement of the parties, without the total duration of the contract being exceeded or exceeding the maximum limit or at any time of the general legislation.

B. Contract for a given work or service: For the purposes of Article 15.1.a) of the Workers ' Statute, in addition to the general contents, they are identified as works or tasks with their own substance, within the activity (a) normal for companies in the Sector, which may be covered by contracts for the performance of certain works or services, specific product campaigns or promotions on behalf of third parties and the unremitting or change of implementation without fixed periodicity.

C. Contract of Interinity: To replace workers entitled to a job reserve, contracts of interinity may be concluded.

Section 4. Professional Promotion, Promotion Scheme

Article 11. Professional promotion.

Under the provisions of Article 23.1 of the Workers ' Statute, the worker shall be entitled to the facilities provided for in his professional promotion.

In the exercise of these rights, there will be a guarantee of the absence of discrimination between the employees and that their enjoyment does not alter the conditions of balance between the working time and the reconciliation of the family life of the other employees. Where, by the volume of employees in which these circumstances coincide, or, by their concentration in certain areas of work organisation, their enjoyment is a substantial change in the working and rest of the work arrangements, employees should be required to agree on the same for their concession.

The time of the enjoyment of the permit referred to in Article 23.3 of the Staff Regulations shall be established by the Directorate of the Company when the training times are immersed in a developed training plan. per business initiative to which the worker has the possibility to attend and shall be deemed to be fulfilled when such a possibility is offered.

Article 12. Promotion scheme.

1. Systems: Regardless of the ability to recruit new workers, which must be subject to the provisions on the methods of recruitment in this collective agreement, the Workers ' Statute and the rules agreed upon, the promotions will be will produce by any of the following systems:

1. Through free designation of the Company: all the positions included in the Group of controls and the technicians will be governed by this system, although in the latter Group the companies will have to take into account those activities whose professional development can be complemented by the academic knowledge and qualifications required for membership in this group, in order to promote internal professional promotion.

2. By concurring-opposition, or continuous evaluation: The promotions of the Group of professionals to the professional coordinators will be governed by the present systems.

2. A) Opposition competition:

Companies that cover one of the positions referred to in the preceding paragraph by means of the test system shall provide the call for an opposition to which the workers may attend.

The business committee or staff delegates, where appropriate, shall be entitled to receive prior information on the valuation rules to be established by the companies in the competition-opposition.

This regulation will be established in general by each of the companies and must contain a system of computation of merit of objective character, taking as reference, among others, the following circumstances: antiquity in the company, adequate certification and assessment of the company, knowledge of the job, professional history and valuation of the controls, temporary performance of the group's functions in question, capacity for coordination, assistance and taking advantage of training courses, tests to be carried out and their assessment.

2. B) By continuing assessment of professional development:

It is understood by continuous evaluation, the assessment of the theoretical and practical knowledge acquired by the worker in the performance of the tasks entrusted during the validity of their employment relationship. This assessment will be based on objective criteria, such as seniority in the company, assistance and use of training courses, professional achievements acquired through experience, quality and quantity. of the developed work, the skills to work as a team, their capacity to coordinate people and tasks, etc.

On a half-yearly basis, the companies shall communicate to the business committee or staff delegates, where appropriate, the promotions thus made, taking into account the criteria used for the award.

3. For the exercise of practice with evaluation:

The promotions of the professional staff group will be governed by the present system.

2. Criteria: Professional promotions will take place according to the following criteria:

2.a) Ascensus of the group of personnel base to the group of professionals: The promotion to the Group of professionals will take place for an evaluation and the passage of time, considering these effects for years and full months, counted from date to date from the start of the employment relationship in the Base Staff Group.

If there is no evaluation, the group of professionals will be promoted when, after five years from the date of the start of the employment relationship, in each one of them has performed a minimum of 450 hours of average The worker has developed the corresponding skills in the various jobs that enable him to acquire a multifunctionality and multifunctionality in all the positions that can be covered by the This Professional Group. The annual average of 450 hours must be carried out without interruptions exceeding two months. In the event of interruptions exceeding two months, the period prior to the interruption shall not be computed for the purpose of reaching the average of 450 hours.

It is understood that the experience must necessarily be carried out on a continuous basis, understanding for this purpose, that it is carried out without interruptions exceeding one year, since the interruption of the benefit The company's employees, with a low in the company for more than one year, take the employee away from the constant innovations in the specific organizational techniques and systems of each of the companies whose knowledge is decisive for the membership of the Group of In this case, the new employment relationship which takes place one year after the end of the year The untying will start again the computation for the promotion of the Professional Group.

In the event that the worker does not exceed the assessment, he shall be entitled, upon request, to the repetition of the evaluation every three years.

2.b) Ascensuses of the group of professionals to the coordinators: Since the workers of the Coordinators Group carry out with ordinary character all the tasks contemplated in the Group of professionals, in addition to the more qualified and specialized, their fundamental difference with these lies in having assigned personnel and coordinating it, as well as in the degree of mastery and performance of the function; in the highest assigned responsibility; and in the degree of autonomy of the function. As a result, only those workers in the Group of professionals who normally and preferably on other duties will be able to do so will be able to meet all the different requirements set out above and required for Group membership.

In particular, the rise will occur when the worker in question matches, in the various functions listed below, all the requirements in each of them.

Sales Functions:

• Coordinates and forms people to the assigned person.

• You know and master the product and the range or assortment of the product, so that due to such dominance you can participate in the elaboration and evolution of the assortment.

• Take initiatives in the implementation of the products you control.

• You know and dominate the unit margins of the article, for the benefit and profitability of the section.

• Proposes and brings ideas and solutions for sales improvement, assortment, quality and innovation, etc.

Product processing, handling, and dispatch functions:

• Coordinates people to the assigned and prepares and distributes the work of them.

• Meet, respect and master the hygiene standards of the product: cold chain, temperature, expiry date, fermentation, etc.

• Under his initiative he carries out preventive actions to preserve the hygiene and quality of the products. Proposes and provides solutions.

• autonomously apply the rules of presentation of a product, both for sale in self-service and at the traditional counter: labelling, price, clarity, quality, regular cutting, portions, etc.

• The execution of your job goes out of the usual standards.

• Total and regularly the production techniques, with a high level of handling, processing and processing of the raw material in final product for sale.

• Incorporate value added to the product with impact on profitability.

Management and administration functions:

• Coordinates people to the assigned, controlling and monitoring the work of them.

• Domina and applies, autonomously, internal accounting and administrative procedures.

• Respect the complete administrative circuit, order control, supplier management, merchandise circuits, formula and sales circuits and payments, etc. ...

• Domina the computer tools made available to you.

Maintenance functions:

• Coordinates, monitors, controls, and shapes people assigned to them.

• You use autonomously and systematically the means to perform fast and reliable repair.

• Else preventive maintenance planning.

• You have absolute control and enforce security rules.

• Perfect knowledge of facilities and networks, ensuring a prediction of breakdowns.

• You have perfect mastery of the material and facilities, controlling internal procedures and management of spare parts needs for repairs.

3. Promotion mechanisms:

The move from a lower to a higher professional group will be conditional on the existence of a position to be covered in the upper group.

The promotion to a higher professional group will not be automatically consolidated, but a six-month adaptation period will be observed. The return to the professional group of origin may be decided upon by the worker, the company or the worker himself, not consolidating the remuneration of the upper group, without prejudice to the conditions laid down in the the legislation in force.

4. Common provisions:

Companies shall provide the annual number of promotions to the works councils or staff delegates, on an annual basis.

Section 5

Article 13. Voluntary cessation.

The worker with a contract of more than one year who intends to cease in the company, voluntarily and by unilateral decision, must inform the management of the contract in advance of 15 days before the date on which he or she will leave. to provide services. Such communication shall be made in writing and with acknowledgement of receipt.

Failure by the worker of this notice will entitle the company to discount the settlement of the amount of one day's salary for each delay in the fixed notice.

Likewise, the employer's failure to provide a notice of failure at the same time and in the same case, if the voluntary cessation of the employment relationship is legally possible on a date other than that envisaged, Case, of completion, will oblige the latter to pay in the settlement of the amount of the salary of one day for each one of delay in the notice, provided that the contract of employment is greater than one year. In the other cases of termination of the hiring by the employer, the legislation in force will be available.

CHAPTER III

Salary

Section 1. Pay Structure

Article 14.

The remuneration of workers falling within the scope of this Convention shall be distributed in their case between the group base salary and the allowances of the group.

By agreement with the worker, flexible salary formulas can be agreed. In these assumptions the concepts will be listed in detail and separated from the rest.

Article 15. Group base salary.

A group base salary is defined as the worker's salary according to his or her membership of one of the professional groups described in this collective agreement.

The salary base salary is the annual working day agreed upon in this collective agreement and the legally established rest periods.

Article 16. Salary supplements.

Wage supplements are the amounts that are added to the Group's base salary for any concept other than that of the worker's annual day and his membership of a Professional Group.

Salary add-ons will be adjusted, primarily, to any of the following modes:

A) Persons: To the extent that they derive from the personal conditions of the worker.

B) Job: Integrated with the amounts to be collected by the worker on the basis of the characteristics of the job or the way in which the job is carried out.

C) By quality or quantity of work: Consistent in the amounts perceived by the worker on the basis of a better quality or greater quantity of work, or on the basis of the situation and results of the Company or an area of the same.

Article 17. Personal complement of seniority.

The amounts of age of the four-year-old four-year-old, the new four-year periods to be perfected or recognized, will be paid to the worker in the amount corresponding to the number of four years he/she meets, according to the to the quantities provided for in the following table:

	Year	Time
First Cuatrienium	255.79 €	0.14226 €
Second Cuatrienium	225.98 €	0.12568 €
Third Cuatrienium	201,94 €	0.11231 €
Fourth Four-year and successive	192.32 €	0.10696 €

The above figures are applicable to all Professional Groups.

The amount of each four-year period shall begin to be paid from the first day of the month following that of its compliance.

The values of the four-year periods provided for in the table above will remain unchanged for the duration of the Collective Agreement.

The worker who definitively ceases in the company and subsequently enters again in the company, will only have the right to have the age from the date of this new income, losing all the rights of age previously obtained.

Article 18. Level Personal Add-on.

A) Companies may establish criteria for the recognition of a special professional level within the collective of the Professional Professional Group.

Where they do not set their own criteria, the criteria set out in Annex I to this Convention shall apply.

B) This level of personal professional development has been coupled with an additional 3% of the base salary of the Professional Group in force at any given time.

This level of personal complement will be absorbed with the salary of a higher group, in the event of the group's promotion, but it may be compensated for any other remuneration that the worker receives above the base salary and seniority.

C) Alternative level complement system: The provisions of this Article shall not apply in those undertakings which have a general system of promotion and professional development, based on competence and/or assessment of the professional performance of an economic improvement on the basic salary of professionals established in the Convention.

Article 19. Job add-ons.

These are the supplements that the worker perceives fundamentally because of the job's characteristics or the way in which they work. These complements are functional and their perception depends mainly on the effective provision of work in the assigned post, so they will not be of a consolidable character.

They shall be considered to be a supplement to the job, those amounts which pay, inter alia, the danger or toxicity of the job.

The provisions of Article 36 of the Workers ' Statute will be in the field of nocturnity.

The remuneration of the per-hour-per-hour-per-hour period of time worked effectively for all workers shall be 20 per 100 of the corresponding value/hour of Article 22 of this Collective Agreement, unless, the reason for the work contracted, the nocturnity is included in the agreed remuneration.

Position add-ons will not have a consolidable character, except express pact to the contrary.

Article 20. Quality Add-on.

It is understood as a complement of quality of work, that which the worker perceives for the reason of a better quality in the work and provided that the function under which it was established, in the form of commissions, premiums, incentives, etc.

The establishment or collective modification of quality supplement systems shall be subject to the consideration of the legal representatives of the employees, following where appropriate, the formalities provided for in Article 41.4. and 5 of the Staff Regulations.

Also included as incentives, not subject to the provisions of the previous paragraph, those individual salary supplements received according to the quality of the work done, or to the situation and results of the Company or an area of the same.

Quality add-ons will not have a consolidable character, except express pact to the contrary.

Article 21. Periodic expiration supplements higher than month.

The basic remuneration laid down in this Convention is understood to be distributed in 16 pages, so the four extraordinary payments will be collected in accordance with the custom or agreement established in each company.

By agreement, the total or partial amount of the extraordinary payments may be apportioned among twelve monthly payments, or in the overall salary/time, in accordance with the provisions of Article 25. The apportionment of the payments shall be made, where appropriate, by the monthly remuneration (or hourly) of the proportional share for the month in question of the pro rata pay or pay. The part of the pay or payments already paid up to the time of the pro rata shall be settled and paid on the date on which the payment was made, in accordance with the previous system.

Section 2. Pay Cuantias

Article 22. Base salary in 2013.

The base salary on an annual basis from 01/01/2013, will be as follows:

Technicians

Annual Salary - Euros
Base	13.951.11
Professional	14.369.65
Coordinator	15.662, 91
17.072.58

The annual base salary here established, as of 01/01/2013, refers to the execution of the working day agreed in Article 26. of this Collective Agreement. It is applicable to workers who are currently serving, as well as to workers who enter or re-enter the Company.

Consequently the annual hourly wage from 01/01/2013 is fixed at the following amounts:

Technicians

Salary - Time/
Base staff	7.75923
Professional	7,99201
Coordinator	8.71129
9,49531

Article 23. Salary in practice.

The remuneration for trainee workers shall be 60 and 75% of the salary corresponding to the Professional Group in question, during the first and second year of the term of the contract, respectively.

Article 24. Wage Treatment.

Article 22 wage tables shall remain unchanged for the duration of this agreement, without prejudice to additional remuneration on the basis of the average consumption data as a retail sales index in Great Surfaces.

However, according to the annual consumption data on large areas measured as a Retail Trade Index, on Large Surfaces, General, once the inflation effect has been deducted, the National Statistics Institute provides monthly and annually to the Ministry of Economy, where appropriate, the following amounts shall be applied once the data for the previous year are known.

If during the term of the agreement, the index of retail trade on Large General surfaces at constant prices will exceed the index of the year 2010 up to 2 points, within the first trimester of the following year the workers which would have been high in the undertaking for the whole of the preceding year and remain high at the time of payment, shall receive an extraordinary non-consolidable gratification of an amount equal to 0,5%, calculated on the basis of the basic salary and on the basis of the worker's day.

If you exceed between 2 points and four points the percentage of the gratification will be 1%, and if it is four points or higher the percentage of the gratification will be 1.5%, calculated in the above terms.

The Joint Committee will ensure compliance with these adjustments annually.

Article 25.

The determination of the overall salary/time, including the payment of holidays for workers who have agreed to it or can be agreed as a normal payment formula, shall be divided into the annual remuneration of the Convention. or the highest agreed upon, by the number of annual hours provided for in Article 26.

The result may be reached by 31/365 as a necessary provision if the holiday period and the part of the remuneration that are subject to the company level are repaid at the time.

CHAPTER IV

Working Time

Section 1. Regular Work Day and Distribution

Article 26. Maximum day.

The annual maximum working day of work from 01/01/2013 shall be 1798 hours of effective work, distributed in accordance with the provisions of the following article.

Article 27. Distribution of the day.

1. The distribution of the day will be carried out at the company level in general.

During the first quarter of the calendar year, or at the time it is established at the company level, the companies will provide the workers ' legal representatives with the models of general working hours schedules year.

At least quarterly, or in advance and periodicity that is established by agreement at the company level, the workers will know the time at which they are to provide the work, in such distribution it will be possible to take into account the increased intensity of the commercial activity on certain days of the week and times of the year, with the possibility of extending the number of ordinary daily hours, respecting in any case the rest between days.

2. From the annual contracted day, in accordance with the provisions of Article 34.2 of the Workers ' Statute, and once it has been distributed, the percentage of scheduled hours may be available legally.

The distribution of such hours must respect the minimum daily and weekly rest periods provided for in the Law, giving knowledge to the worker with a minimum notice of seven days, the day and the hour of the job.

To these effects, the disposition by the company of this working time will occur, either without a forecast of such number of hours, or by modifying in equal number the hours planned, always with the warning provided in the preceding paragraph.

3. The planning of the day, the companies will be able to vary in order to attend unforeseen as unanticipated absences of workers for their replacement. The communication of the change shall be made at the same time as the undertaking is aware of the existence of the unforeseen, and shall be given the legal representation of the employees. The sum of these hours and those referred to in the preceding paragraph shall not exceed annually the percentage contained in Article 34.2 of the ET.

4. In cases where trading days or opening times are authorized or modified after the formulation of the corresponding periodic distribution, the two preceding numbers shall be subject to the provisions of the law. in effect.

5. The working time for part-time workers not exceeding 4 hours shall be carried out on an ongoing basis.

6. In accordance with the representation of employees in the field of the undertaking, it may be possible to derogate from part-time workers who provide their service on the lines of the posting to the schedules referred to in point 1. of this article, although in any case they must know the monthly schedules at least with ten calendar days in advance at the beginning of the month.

7. The distribution of the day may be carried out on any day of the week, with the provisions of the previous convention which are contrary to this provision being repealed and without application.

8. The provision of work any day of the week will be required of all workers in order to spread the workload equally, whether or not they have a personal commitment to work every day. For the purposes of this measure, where the present arrangements are to be amended, undertakings must modify the working conditions in accordance with Article 41.3 or 5 of the Treaty and the procedure laid down in the Transitional Fifth of this Convention, the supporting distribution of the work being justified and the achievement of the intended objective in it.

Article 28. Verification of the day.

1. The verification and control of the execution of the day shall be carried out individually and annually.

2. Within the year of calculation, the undertakings shall proceed to the settlement of the time of excess which may have been produced on the day of Article 26 by means of their compensation with equal rest time, except for their accumulation and enjoyment. on full days, within three months of the completion of the annual computation, by both parties not matching such breaks with the peak periods of production. The companies shall provide the centre committee with the nominal ratio of overtime hours.

When, for any cause, the maximum day in annual computation was exceeded by the sum of the hours actually worked and those in which, with scheduling of work, the obligation to work was legally suspended, while maintaining the Company's right to pay, either at his or her expense, or in a delegated payment, the hours of excess resulting from the period referred to above shall be compensated to the worker in proportion to the time actually worked, as ordinary hours or in equivalent free time.

Article 29. Day distribution regime in the Mandos Group.

Employees in the Group of controls will be able to make their schedule more flexible so that they can modify their working time and rest, taking into account the specific needs of the post or coordinating them with others. workers of their own responsibility, provided that proper attention is paid to the objectives of the post.

Article 30. Breaks.

Workers shall be entitled to a minimum weekly rest day and half uninterrupted rest.

In accordance with Article 6 of Royal Decree 1561/1995 the weekly half-day rest may be accumulated in periods of up to four weeks or be separated from the full day for enjoyment on another day of the week, and the day Weekly rest period, which may be enjoyed on any day of the week, may be accumulated within a cycle not exceeding fourteen days.

The interruption in days, unless agreed by the parties, will be at least two hours and no more than four hours.

Workers with more than five days of average work per week will enjoy at least five weekends of rest in those who are understood on Saturday and Sunday, without counting as such holidays.

Article 31. Special sales and balance sheets.

In the weeks of preparation of special sales in January and July and of the two Balances or Inventories, companies will be able to vary the working hours and extend the day, being hours of compulsory delivery by the worker.

The faculty provided for in the preceding paragraph may be used by companies that have a different system, with the maximum of two days per year, within the calendar year.

This limit will not affect the inventories of those departments which, due to the characteristics of their products, make them more frequently, although in this case the obligation will not reach more than 12 per year.

When the work provided for in the preceding paragraphs occurs in an extraordinary time of compulsory provision, the compensation, which shall be hourly, must be made in remuneration or on a rest equivalent to the option of the worker.

Pregnant workers will be exempt from performing a day higher than the normal contract.

Workers affected by legal guardian reduction will be exempt from modifying the pre-established work benefit schedule unless otherwise agreed.

Section 2. Extraordinary Hours

Article 32.

1. The usual overtime is abolished. To the extent that these hours are deemed necessary, the various forms of temporary or partial recruitment provided for by the Law will be used. If they are to be done, they will necessarily be compensated with equal rest time, if possible in full days.

2. The overtime hours required by the need to repair accidents and other extraordinary and urgent damage shall be carried out in a compulsory manner. The same applies to the case of risk of loss of raw materials.

Article 33.

For the implementation of the agreement in the previous article, the companies affected by this Convention shall be obliged to provide monthly information to the Committee of the Center or Delegates of Personnel, the information on the number of extraordinary hours, specifying their causes and, where applicable, the distribution by sections or departments.

The performance of overtime, as provided for in Article 35.5 of the Staff Regulations, shall be recorded on a daily basis, and shall be aggregated annually, with a copy of the annual summary to the worker in the corresponding.

Section 3. Annual Holidays

Article 34.

1. Workers affected by this Convention shall enjoy thirty-one calendar days of holidays per year.

2. In advance of the publication of the holiday shifts, you will notice the same to the Business Committee or Staff Delegates, if any.

3. Holiday pay will be made on dates, amounts, concepts and systems in place at each Company.

Article 35. Periods of enjoyment.

1. The workers will enjoy between the months of June to September, at least, twenty-one calendar days uninterrupted of their holiday period, unless they enter the Company after 1 September, or their part proportional.

Companies will be able to exclude from holiday shifts those dates or periods that match those with the highest productive activity.

In those centers where the monthly average sales figure for the June-September period, corresponding to the previous year, is 3% higher than the average monthly sales figure for the rest of the year (October-May), the of the summer period, depending on the organization of the work, may be organized in 15 days continued from June to September. Sales for July, December and January will be excluded from both periods.

When, by the date of opening of the center, there is no historical reference, the address may assign the holiday shifts based on their sales forecast.

2. º Out of previous periods, and to the extent that the organization of work permits, workers will have the option to set the date of enjoyment of their annual vacation.

3. The holiday bag may be split according to the days actually not enjoyed in the respective periods. The amount is fixed at EUR 350 for the duration of the Convention for the period of 21 days. For the calculation of the same in the case of 15 days the corresponding proportion shall be made. It shall be paid to those workers who, out of necessity for the service or organisation of the work, are not entitled to benefit from them in the periods indicated.

If by the date of income of the worker it corresponds less than the days in the periods indicated, of opting the companies in that period as provided for in the third paragraph of this same article, the part will be paid proportional.

The right to the receipt of the holiday bag is not subject to the temporary or non-contractual nature, thus having the right to both fixed and temporary workers in which the the circumstances referred to in this Article, although it is considered as an essential condition for being entitled to enjoy holidays between the months of June to September which during those months is the contract of living and active employment, since, in another case, the precept would be meaningless, excluding the collection of the bag, for reasons of pure logic, exclusively to those employed in that period by means of interinage, precisely in order to be able to replace workers who enjoy the days provided for in the periods mentioned.

4. As a principle and a unique preference for workers ' right of choice for a given holiday shift, it is established that the choice of a worker was chosen by the choice of a given shift, lost that primacy of choice until the exercise of the rest of his colleagues in a unit of work.

Section 4

Article 36. Paid leave.

The worker, upon notice and justification, may be absent from work entitled to receive the Group Base Salary, plus personal allowances for the reasons and the following time:

A. For the precise time, and with justification of the same with the corresponding visa of the optional, when, for reason of illness the worker requires assistance to the doctor's office in hours coinciding with their working day. The term 'optional' means the person who, having been empowered to do so, provides his services in both public and private medicine.

B. Fifteen calendar days in case of marriage.

C. Two days due to the serious accident or hospitalization of relatives up to the second degree of consanguinity or affinity not referred to in the following paragraph. When the worker needs to make a move to the effect, the time limit will be four days.

D. Three days in cases of child birth, severe illness diagnosed by the physician, or death of relatives up to a second degree of consanguinity or affinity. Where, for this reason, the worker needs to move more than 300 Kilometers per way to the effect, the time limit shall be five days.

E. One day per move from the usual address.

F. One day by marriage of relatives to second degree of consanguinity or affinity.

G. The precise hours to ensure concurrency to the final examinations of the workers, when these studies are of official or academic nature. In such cases, they shall provide the administrative justification for their application.

H. Annually, workers may enjoy a maximum of 5 days ' paid leave of between the following cases:

1. Up to two days by birth of a child or by the death of a spouse or a child, or by the death of siblings and parents by consanguinity, which may be accumulated in accordance with paragraph D of this Article up to a maximum of five days in total.

2. One day per year for assistance to notarial document signatures needed for housing acquisition, provided the worker must do so personally and match their work schedule.

3. Up to a maximum of 6 hours per year, with a justification for the urgency and accreditation of the time spent, with the corresponding optional visa, to accompany children under 15 years of age to medical urgency not foreseeable in hours coinciding with the work schedule.

4. One day by marriage of the worker, cumulative to the assumption of paragraph B above.

5. One day for the conduct of the examination for the first time to obtain the driving licence provided that it coincides with the worker's work schedule.

The enjoyment of all the permits listed in this section will never exceed 5 days per year.

Those undertakings which have established a system of compensatory leave under the licence provided for in paragraph H above shall maintain that system, without being applicable to them.

If, in the cases related to hospitalization of family members due to illness or serious accidents, stay shifts were established in the hospital in order to attend to the patient, the worker will be able to enjoy his/her license. for this concept on full days starting at a later date than that of the causative event, provided that it so requests in the terms below and the consumption as long as the same period of hospitalization lasts.

In these cases the worker will be entitled to the same number of working days of leave as he would have enjoyed in the case of the normal start of the same. This will be done with the calculation of working days that would have been the license to start your enjoyment on the day the causative event occurred. The worker must communicate and prove to the company the concurrency of the causative event, his intention to enjoy the license at a later date and to indicate the working days corresponding to him, according to the previous calculation, in which he will enjoy license. At the end of the enjoyment you must prove that during the days effectively enjoyed as a license, the situation that gave rise to the permit would be present.

For the purposes of licences, except as provided for in paragraph B of this Article, the same rights shall be granted to couples in fact provided that they are duly registered in the corresponding official register and the worker provide the certification certificate of the same.

Article 37. Unpaid leave.

Employees may enjoy a single license per year for up to thirty days continued per year and with a minimum of two days and without the enjoyment of this license being able to coincide with: principle or end of any type of licenses or holidays, bridges, first week of special sale of January and sales of July, Christmas and Kings. Companies will grant this type of licence whenever there is justified cause and the organisation of the work permits. Both the worker's request and the non-concession by the company must be made in writing and on the basis of the appropriate justification.

Article 38. Excess.

All workers in the company may apply for voluntary leave, provided they have at least one year of service.

Voluntary leave shall be granted for a period of not less than four months and not more than five years. This right may only be exercised by the same worker for four years from the end of the previous leave of absence. No effect shall be taken into account for the length of time the workers remain in this situation.

At the end of the leave situation, the staff shall have the right to return to the first vacancy in the undertaking of the same professional group, if there are no workers in excess of the status of the staff member. forced or with rights to a job reservation.

You will lose the right to return to the company if you are not requested by the interested party/a person in advance of one month to the date of completion of the period that was granted to you.

Section 5. Work and family life reconciliation

Article 39. Protection of family life.

I. Risk during pregnancy: In the case of risk for pregnancy, in accordance with Article 26 of the Law 31/1995 on the Prevention of Occupational Risks, the suspension of the contract will end on the day the suspension of the contract is initiated. maternity contract, in accordance with the provisions of the laws or the inability of the worker to return to her previous post or another compatible with her state. During this course, workers will receive a supplement on the provision of social security up to 100% of the group base salary.

II. Maternity: Persons in a situation of suspension of the maternity contract may join the holidays to the period of maternity leave, always within the calendar year.

Workers may, before the start of the maternity leave period, apply for unpaid leave for a period of not less than one month and not more than three months. This request will be made 15 days in advance of the date of enjoyment.

During the exercise of this right, the completion of which must necessarily coincide with the principle of maternity leave, companies will maintain the contribution of women workers.

III. Suspension of the maternity or adoption contract: In the case of delivery, the suspension shall be for a period of sixteen weeks, which shall be enjoyed uninterrupted.

In the case of adoption and acceptance, both pre-adopted and permanent, the suspension of the work will last for sixteen weeks, which will be enjoyed uninterrupted. These benefits may be enjoyed by the parent or parent in the form provided for in Article 48.4 of the Workers ' Statute.

IV. Premature births: In cases of birth of premature infants or who, for any cause, must remain hospitalized after delivery, the mother or father shall have the right to be absent from work for an hour during the period of time. to last this hospitalization.

In addition, during this period, you will have the right to reduce your working day up to a maximum of three hours, (or your proportional share in case of a part-time contract) within your ordinary day, with the decrease equivalent of salary up to hospital discharge.

V. Breastfeeding: The breastfeeding permit shall be regulated as set out in Article 37.4 of the ET.

Workers will be able to choose to accumulate the enjoyment of this right of reduction of working hours by breastfeeding, in 14 calendar days, by joining the period of maternity leave.

In the case of multiple births, workers may enjoy the right of the previous paragraph for each of the children.

This permit may be enjoyed interchangeably by the parent or parent in case both work.

VI. Legal guardian: In accordance with the provisions of article 37.5 and 35.6 of the recast of the Law of the Workers ' Statute, and of Law 39/1999, of Reconciliation of Work and Family Life, and taking into account the variation of the rhythms of existing work in the sector, given the concentration of the sale in certain periods and times of the day, or the week, and to make possible the combination of the rights of reconciliation of the personal, work and family life of all the workers with the organizational needs and attention to the sale of the enterprises, to facilitate the The following parameters shall be taken into account

determining the time-frame provided for in Article 37 (6) of the Staff Regulations:

1. The worker, with the exception of cases of force majeure, shall request the change of time at least 15 days in advance of the time at which it is to be initiated, indicating the time of its completion if it is intended.

2. In cases where the worker requests the time to be given within the framework of his or her ordinary working arrangements, without change of shift and/or rotation system, the Company shall grant the requested time, unless the organisational impossibility as provided for in paragraph 4, to be notified to the applicant and the Enterprise Committee.

3. In those other situations where a worker requests the time-frame in a frame other than his regular shift and ordinary day, the company, in order to make possible the reconciliation of the family and working life in the terms The Commission will examine the possibility of granting it in its own position, as well as enabling a change of area/department/division, and even, if this is possible, the change of the working centre. If the concession is not possible in this case, the organizational or productive cause will be expressed, which does not allow it and the alternatives that are viable in the company will be offered.

In the case of change of area/department/division, or working center, the worker, while the legal guardian situation lasts, will be adapted to the working conditions of the new post or function.

4. Given the different models of organization of human resources and attention to the service, for the determination of the organizational possibility of the granting of the time concrete in situations of legal guardian the index must be taken into account In the case of coverage of needs in case it is established by agreement with the representation of the workers at the company level.

5. When the requested concretion is made on a shift that already has that deviation index in the scheduled coverage, the company will have to offer an alternative position that will enable the schedule, if the request is made in its regime of shift and schedule ordinary. In another case it shall proceed as set out in point 3 above, in order to enable the worker's reconciliation interests to be balanced with the proper functioning of the undertaking.

VII. Assistance for medical consultations of a child under 15 years of age: In cases where a child under 15 years of age is required to attend medical consultation during working hours, the following shall be done:

-If the assistance results from an emergency of immediate attention, not foreseeable, it will be communicated immediately or as soon as possible to the Company, which will grant the license. It shall be paid as provided for in Article 36. H. 3., and with the time limits established there, once the circumstances have been established.

-If the consultation is scheduled and there is no possibility of concertation outside the working time, it will be granted on the basis of the annual working day, or the change of shift or the time of the work will be requested, which, if possible, will be granted.

VIII. Unpaid leave for minor care: Workers with children under 8 years of age may apply for an unpaid three-month leave for care and care in the terms and conditions laid down in Article 37.

Workers with children under the age of eight years will be able to have an unpaid leave for the time necessary for their care while they are hospitalized. In the event that both spouses are employees of the company, the licence may be enjoyed by one of them.

IX. The application of the licences, as well as the reduction of working time or the breastfeeding permit, with the exception of cases of force majeure, must be communicated to the company 15 days in advance of its enjoyment.

Article 40. Work of the pregnant woman.

Within the possibilities of the organization of work, companies will provide the workers in question, a job that is suitable for their state.

In the event of risk for pregnancy, the Protocol of Workers that are particularly sensitive to the company and the provisions of the legislation in force at any given time will be available.

Article 41. Concerted days for workers with children aged eight, nine and ten.

Workers with children of eight, nine, and ten years of age will be able to arrange with the company the realization of a lower day than the one they had established with normal character. It shall be essential to grant and establish that the time for the provision of the day is necessarily determined by the agreement of both parties. Workers with a 15-day notice will be able to leave the agreement without effect.

CHAPTER V

Various provisions and occupational health and safety

Section 1. Multiple Provisions

Article 42. Diets.

Workers, who need the company to carry out trips or displacements to populations other than those in which they radiate their work centre, will be entitled to a diet that is fixed at 34 euros, or a half a 17-euro diet, throughout the duration of this collective agreement.

It is understood by a different population that it is outside the urban area and the zone of influence constituted by one or several neighboring populations.

Diet and diet are intended to meet the expenses incurred by the posted worker other than those derived from the accommodation and transfer.

The provisions of this Article of the Collective Agreement shall not apply to companies that have established other different systems of diet.

Article 43. Life insurance.

Companies, as long as they do not have a more beneficial one, will be obliged in the course of three months, to count from the date of publication of this Convention, to arrange a Life Insurance and absolute permanent Incapacity for all work and invalidity, for workers affected by this Convention, for an amount of EUR 24,000, according to usual market mode.

Companies will provide workers with an accreditation certificate with the amounts guaranteed in the collective policy and a copy of the certificate to the representation of the workers corresponding to the field in which they are subscribes to that policy.

Article 44. Workwear.

The workers who come, covered by this Convention, shall be required, on the part of the undertakings, in uniform and in other garments, in the form of useful work, of the known and typical for the realization of the different and different activities that the use has been advising.

The provision of such garments must be made at the beginning of the employment relationship between the companies and the workers in the number of two garments, which will be replenished in successive annuities, in a convenient manner, or at least in the middle of the the same, except in the case of commercial functions carried out for the public, in which the annual replacement shall be carried out in the number of two uniforms, all on the basis of the required good presence of the worker for these tasks.

Those workers whose activity is carried out in contact with the public, and who are not in uniform, to whom they are due, respecting the inveterate custom in the Sector, per mor of their employment contract, a determined and correct style of clothing established in any case by the Company's Directorate, will enjoy, at the choice of the Intercenters Committee, well of a discount for the annual provision of the changing room, consisting of jacket, trousers, shirt, tie and a pair of shoes, 35 percent of your amount.

The discount will be reached over the course of the year up to two previously referenced equipment.

Companies will provide the waiters annually with two shirts and two pairs of shoes.

Adequate uniformity will be made available to pregnant workers.

Article 45. Benefits in purchases.

In the field of each company, a system of benefits can be established in purchases, which as a recommendation will offer employees a preferential system in terms of prices, which will not be more beneficial than the one that offer to other collectives working outside the company (or other than the employment relationship with the company, or without a working relationship with the company or with which there is no employment or statutory link). In any event, the application of this system may result in prices lower than the cost price of the products on the market.

Given your regulation at company level, your modification will require in your case the procedure provided for in Article 41.5 of the Workers ' Statute.

It will not be mandatory to establish a system of benefits in purchases in those companies that do not have it established, or that in their case have other systems of compensation.

Article 46. Retirements.

Early voluntary retirement for workers with contributions prior to 1 January 1967: In the case of such workers, meeting the requirements for access to retirement under the legislation At any time, they decide to retire on a voluntary and total basis, an independent reward for the benefits of Social Security is established, consisting of the following monthly allowances according to the age at which they are entitled Total early retirement: At age 60: 16 pages, aged 61: 13 pages, aged 62: 10 pages, to the 63 years: 7 pages and at 64 years: 4 pages.

The amount of the monthly allowance will be made up of the base salary and personal allowances.

Section 2. Safety and occupational health

Article 47. Enterprise-level security and health.

The Inter-Centres Committee, in cases where its constitution is provided for in accordance with the provisions of this Convention, without prejudice to the powers of the safety and health committee of each institution, may assume functions in this field when similar situations affect more than one work centre.

Article 48. Temporary Disability.

In the case of low-rate I.T. workers, workers will receive a supplement on the provision of Social Security until they reach 100 per 100 of the Group Base Salary.

The provisions of the first subparagraph shall not apply to undertakings which have established other or more beneficial systems in general, provided that there is recognition of the provision of social security. However, the provisions of the following paragraph of this Article shall be enforced in order to homogenise the social coverage of workers in the sector and to make it compatible with a necessary reduction in absenteeism.

Workers from the first process that starts within the calendar year of temporary incapacity for common illness or non-work accident duly accredited, shall not receive any remuneration or supplement during the three years. first days, regardless of the number of days they reach the periods of illness or the number of processes that occur. However, if no other process of temporary incapacity for common illness or non-work accident is initiated by the worker in the course of the year, the undertakings shall pay, either over the year, 100% of the basic group salary, or of the In this situation, the company will be perceived in the company corresponding to the first three days of that first and only process. They shall not account for all effects on days that coincide with hospital detention.

Companies that have already been applying this treatment in the previous paragraph from the first process for the absence and/or low IT for common illness or non-work accident will maintain it on the same terms, adapting only the differences with the regulated here.

The system provided here will be applicable to all companies, regardless of the system of add-ons they have.

In no case will the add-on payment extend beyond the time during which the company makes the delegate payment for the economic benefit of IT.

Failure by the delivery worker or the submission to the Company of the parties of discharge, confirmation and discharge within the legally established time limits will automatically determine the cessation of the obligation to pay the Supplement provided for in this Article.

CHAPTER VI

Equal opportunities and non-discrimination

Article 49. General principles, Equality Plan and Sectoral Commission.

The parties to this Convention declare their willingness to respect the principle of equal treatment in work for all intents and purposes, not discrimination on grounds of sex, marital status, age, race or ethnicity, religion or convictions, disability, sexual orientation, political ideas, affiliation or not yet union, etc.

Special attention will be paid to equal opportunities for men and women in:

Access to employment, professional promotion, training, job stability, and equal pay in jobs of equal value.

In the case of companies of more than 250 workers, equality measures aimed at avoiding any kind of employment discrimination between women and men through the elaboration and implementation of an equality plan should be be negotiated with the legal representatives of the workers in the field of the whole enterprise. To this end, the companies that have not done so must implement the corresponding diagnosis within the first year since the publication of the agreement in the BOE.

In the month following the publication of this Convention, the " Commission for Equal Opportunities and Non-Discrimination (DIOND), made up of the business representation and trade unions that are signatories to the Convention, will be created.

For the proper performance of its tasks, the Commission shall be provided with an Internal Operating Regulation.

The following will be functions of this commission:

1. Ensure that both women and men enjoy equal opportunities in terms of employment, training, promotion and the development of their work.

2. Ensure that women workers are equal to men in all aspects of the wage, so that equal work and conditions are always equal to women's pay.

3. Ensure that women working in the sector, on equal terms, have the same opportunities as men in cases of promotions and roles of greater responsibility.

4. With the aim of achieving a more balanced participation of men and women in all professional groups, the Commission will study and propose to implement the convention, implementing measures for the actions of functional mobility for the coverage of posts of an indefinite nature.

5. It will carry out a study on the evolution of employment with the specification of sex in contact with the employment observatory and equal opportunities in the sector and will make active policies to eliminate any discrimination based on this. which may be detected by reason of sex, marital status, age, territorial origin and other circumstances which may lead to discrimination or bankruptcy of the principle of equal opportunities.

6. It will draw up a guide of good conduct in the sense of this section.

CHAPTER VII

Procedure for the prevention and treatment of situations of sexual and sexual harassment and harassment for sex in the department store sector

Article 50.

Companies, together with workers ' representatives, must work to implement policies, with clear rules and values at all levels of the organization, that guarantee and maintain work environments. free of harassment, where the dignity of the worker is respected and the development of people is facilitated.

All workers have the right to an environment free of hostile or intimidating behaviour and behaviour towards their individual who guarantees their dignity and their physical and moral integrity. Persons with command responsibility have an obligation to ensure adequate working conditions in their area of responsibility.

The companies affected by this agreement, within one year of the entry into force of this agreement, will bring to the attention of all the workers the corresponding Procedure that is enabled in compliance with this Protocol, unless they have already been established, through their internal dissemination.

The signatory parties will ensure that all workers are aware of the existence of the Action Procedure, distributing among the representative bodies of each centre.

The companies will establish mechanisms for the detection of possible psychosocial risks and, where appropriate, will evaluate them and promote, in addition, the early detection of risk situations through the health surveillance.

Companies within one year of the implementation of the Procedure will incorporate into the training actions of all the personnel entering into the proceedings, information regarding the matters addressed by this Procedure.

In default of specific procedure the companies shall apply the provided in the Final Disposition Second of this Convention.

TITLE II

Disciplinary regime

Article 51.

Workers may be sanctioned by the Management of Companies in accordance with the graduation of the faults and penalties provided for in this Title.

Any failure committed by a worker shall be classified, taking into account its importance and significance, in light, severe or very serious.

The lack of attention to the public with due diligence and correction will be graded according to the notoriety, transcendence or the consequences of it.

Article 52. Minor fouls.

The following are considered minor faults:

1. The sum of punctuality faults in the work attendance when it exceeds fifteen minutes in one month.

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

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

4. Use the company's media for different uses for which it is enabled, including email, as well as the use of mobile phones during the working day against company instructions.

Article 53. Serious fouls.

The following are considered as serious faults:

1. The sum of punctuality faults in the work attendance, when it exceeds thirty minutes in a month.

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

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

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

5. Facilitate the individual access key to another person, simulate the identity of another person using their key and the creation of copies of files without the authorization of the company.

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

7. Failure to submit to the Company of the parties of the discharge, confirmation and discharge of temporary incapacity, within the legally established time limits.

Article 54. Very serious fouls.

The following are considered to be very serious:

1. Absence from work without proper authorization or cause of more than one day per month.

2. Fraud, acceptance of rewards or favors of any kind, disloyalty or breach of trust in the efforts entrusted and the theft or theft of the company as well as the workers or any other person within the premises of the company or during work anywhere else, as well as the misappropriation of promotional samples or any other type of item, discount or profit intended for customers, regardless of whether or not it has market value. To conduct trade or industry negotiations on their own or another person's behalf, to sell or to charge themselves, without the express authorization of the company.

3. The simulation of illness or accident.

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

5. Lack of respect or consideration to the public.

6. Make the company disappear, disable or cause damage to the company's first materials, tools, tools, machinery, appliances, installations, buildings, articles and documents.

7. Violate the secret of the correspondence or reserved documents of the company or reveal to foreign elements to it, must-reserve data.

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

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

10. Habitual drunkenness or drug addiction if they have a negative impact on work.

11. The provision of a purchase card to persons not authorised for use, as well as the transfer of discounts granted to staff, in favour of other persons.

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

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

14. Not respecting, knowing the safety measures or regulations, by negligence, carelessness or by self-will, the protective measures derived from the Plan of Prevention of Risks or imposed by the company in avoidance of the same.

15. Failure to comply with or abandon the rules and measures laid down by the Law on the Prevention of Occupational Risks or those determined by the Convention or by undertakings in development and application thereof, where the risk may arise for the health or physical integrity of the worker or other workers.

16. All conduct, in the field of work, which seriously undermines respect for privacy and dignity through offence, verbal or physical, sexual or moral harassment. If the aforementioned conduct is carried out in a hierarchical position, it will constitute an aggravating circumstance of that position.

17. The transgression of the IT security rules or the confidentiality of data confidentiality.

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

Article 55. Sanctions regime.

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

The sanction of minor, serious and very serious faults will require written communication to the worker.

Article 56. Maximum penalties.

The maximum penalties to be imposed in each case, taking into account the seriousness of the misconduct, shall be as follows:

1. ° For minor faults: A written statement. Suspension of employment and salary up to three days.

2. No. For serious faults: Suspension of employment and salary of four to fifteen days.

3. No. For very serious faults: From the suspension of employment and salary from sixteen to sixty days until the termination of the contract of employment in the cases where the fault is qualified to its maximum degree.

Article 57. Prescription.

The faculty of the company's management to sanction will prescribe for minor faults at ten days, for serious faults at twenty days and for very serious ones at sixty days, from the date on which it had knowledge of his or her commission, and in any case within six months of having been committed.

Article 58.

The list of faults contained in this chapter, is made in an enunciative title, therefore, they will be considered as being punishable by the Directorate of the Company, all the violations of the duties established in the current labour regulations as well as any breach of contract.

It is up to the Company's management, in accordance with the provisions of the Workers ' Statute, to sanction the workers, by virtue of job defaults.

For the imposition of the sanctions, the procedures provided for in the general legislation will be followed. Where the undertaking is aware of the affiliation of a worker to whom facts which may give rise to a sanction requiring the hearing of the trade union delegate may be imposed, that hearing shall be at least two working days. in advance of the communication to the worker of the sanctioning decision.

TITLE III

Of workers ' union rights of representation

CHAPTER I

Trade union rights

Article 59.

The undertakings concerned by this Convention shall respect the right of all workers to be free of charge and not to discriminate or to make the employment of a worker dependent on the condition that he does not take hold or give up his union membership.

CHAPTER II

Trade union representation in department stores

Article 60.

Companies included in the functional scope of this Convention, recognize as natural partners in the treatment and substantiation of industrial relations in the Sector of Large Stores and Distribution Companies, to the various trade union organizations established nationally in the same.

Article 61. Union commission.

In those companies where there is a dispersion of centers in different provinces, the most representative unions in the Sector, signatories to the Collective Agreement, will be constituted at the company level in the union commission, as (a) to serve as a means of study, with an approach and a proposal for a resolution, if it were to proceed to the Inter-Centres Committee, in all matters which, exceeding the powers of the committees of the Centre or delegates of the (i) personal, as they are issues affecting several centres of the same company and which therefore require be treated as a general rule.

The members of the trade union commissions shall be appointed by the respective union and shall, preferably, coincide with the members of the interagency committee.

CHAPTER III

Business-level representation

Section 1

Article 62. Union delegates.

As far as the rights and duties of the trade union delegates are concerned, both parties will be in accordance with the Organic Law on Freedom of Association.

Section 2. First Intercenters Committee

Article 63. Collective representation.

(A) Under the provisions of Article 63.3 of the Staff Regulations, in those undertakings where there is a dispersion of centres in different provinces, an inter-centre committee shall be set up as a body of (a) to provide for the resolution of all those matters which, exceeding the powers of the Committee of the Centre or the Staff Delegates, as matters affecting several centres of the same undertaking, must be treated as a general rule.

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

B) The maximum number of components of the interagency committee shall be thirteen, its members shall be appointed from among the components of the various Centre Committees or Delegates of staff and the constitution of the Committee shall be proportionality of the trade unions, according to the results of the election in the company.

For the distribution of posts among the trade unions, the rules laid down in Article 71.2.b of the Staff Regulations shall be followed, except for the first paragraph, replacing the term of the trade union, and the Member of the Staff Committee or Delegate to vote.

The appointment of a member of the Intercenters Committee will be done by the trade unions through communication to the company.

The composition of the Intercenters Committee will be communicated to the SMAC by publishing in the bulletin boards.

Changes in representation on the occasion of elections which are not general in the field of the company will be taken into account on an annual basis, at 31 December, to modify the composition of the Interagency committee.

C) The Inter-Centres Committee assumes the powers provided for in Articles 64 and 41 of the Staff Regulations, where the measures or claims affect more than one working centre.

The Inter-Centres Committee shall be governed by the rules laid down in the Staff Regulations for the Committees and their decisions in matters falling within their competence shall be binding on the whole of the Committee. workers.

CHAPTER IV

Rights and guarantees

Section 1. Rights

Article 64.

Companies will make it known to the Business Committees or Staff Delegates, the models of written work contracts that are used, as well as the Social Security contribution documents.

Article 65. Union dues.

At the request of the workers affiliated to the trade unions recognized in Article 60, the companies will discount on the monthly payroll of the workers the amount of the corresponding union fee. The worker concerned in carrying out such an operation shall forward to the Management of the undertaking, a document in which he clearly expresses the order of discount, the central or union to which he belongs, the amount of the fee, and the number of the current account, to which the corresponding amount must be transferred. The undertakings shall carry out the following actions, unless otherwise specified, for periods of one year.

The company's management will provide a copy of the transfers, and their nominal relationship to the corresponding trade union representation.

Section 2

Article 66.

Delegates or members of the Business Committees shall enjoy the guarantees granted to them by the Workers ' Statute.

Also, they will have the credit of paid monthly hours that the Law determines and the guarantee provided for in article 9.2 of the LOLS. Those hours shall not apply to them as provided for in the final paragraph of Article 28 of this Convention.

For use, you will have to bring it to the company's knowledge at least 24 hours before your enjoyment, except for cases of force majeure.

Without exceeding the legal maximum, the paid hours available to the Members of Committees or Staff Delegates may be consumed, in order to provide for the assistance of the members to training courses organized by their trade union, training institutes or other entities.

Article 67. Hours accumulation systems.

To facilitate higher-level representation of the workplace, unions with a presence in the Intercenters Committee will be able to use the enterprise-wide system of hours accumulation.

The delegates or members of the Committee may waive all or part of the credit of hours that the Law in question recognizes, in favor of another or other delegates or members of the Committee or Trade Union delegate. For this to take effect, the transfer of hours must be submitted in writing, in which the following extremes shall be included: name of the transferor and the transferee, the number of hours transferred and the period for which the transfer is effected, which shall be the full months, up to a maximum of one year, and always in advance of the use of the hours by the transferee or transferee.

Article 68.

Trade union delegates, staff delegates and members of the Enterprise Committee whose remuneration is partly set by sales commissions, shall be collected from the time of their choice, and during the use of the hours the amount corresponding to the proportion or projection of the commission obtained during the days actually worked in the month in question.

In the assumption that the number of hours worked in the month, is less than 1/3 of the total hours to work during that month, it will be taken as a reference for the calculation of the first paragraph, the average of the commissions obtained by the workers attached to their same full-time department.

CHAPTER V

Developing electoral processes

Article 69. Temporary scope.

This Chapter shall have the same validity as the Convention and shall be maintained until it is replaced by another agreement of the same nature.

Article 70. Elections to workers ' representative bodies.

The elections to workers ' representative bodies will be governed by the provisions of Title 11, Chapter 1 of the Staff Regulations and the rules that develop them.

The present rules are complementary to those and are established to facilitate the development of electoral processes and channel the collaboration of the companies in them.

Article 71. Polling stations.

In order to facilitate the formation of the different Electoral Tables and to initiate the electoral process in the centers with two schools, a process initiating the process will be set up, according to the model 3 approved by the Royal Decree 1844/1994 of 9 September, or the rule that replaces it.

This negotiating table will proceed, on the day of the start of the electoral process, to the constitution of the Bureau or Electoral Tables of each of the two schools, through model 4 of Royal Decree 1844/1994, passing through its members to be integrated into the relevant tables, with dissolution of the initiating Bureau.

In those workplaces where 3 or more Electoral Tables are set up, under Article 5, number 14 of Royal Decree 1844/1994, a Central Electoral Board will be set up.

Except a specific majority agreement of the members of the Electoral Officers, to cover the posts of the Central Electoral Table, the criteria of the 7 of the article 5 of Royal Decree 1844/1994, referred to the entire electoral census, so the Central Bureau would be composed of the oldest worker of one of the two schools, and the voters of greater and lesser age, excluding the lower-age voter of the school less numeral. The appointment of President would fall to the oldest worker on the census, acting as the youngest secretary.

Article 72. Computerized electoral censuses.

The data of the computer listings will be referenced at the moment of each electoral process, and a copy with all the data necessary for the identification of the included workers will be made available to the electoral bureau. This census will be duly returned to the company by the electoral bureau after the process has been completed.

The electoral bureau will make public, through the bulletin board of each working center, the list of eligible and eligible workers.

In the list to be published, neither the address of the worker nor the National Identity Document number will be included, but if the rest of the data required by the Law, the Professional Group and the function to the effects provided for in the following Article.

Article 73. Professional groups and polling stations.

In accordance with the provisions of Royal Decree-Law 1382/1985, the staff subject to a special working relationship of senior management cannot be elected or eligible, so they will not participate as workers in the process. election.

In order for workers to be attached to the different polling stations, the current Classification in Professional Groups of the collective agreement of Great Stores and the criteria of membership will be taken into account. functional, within the current professional groups, which are required to be complied with on the basis of Article 71.1 of the Workers ' Statute.

Consequently, in the census that is delivered by the company, it must necessarily appear, and in addition to the other data required by the Law, not only the professional of the workers who appear in it, but also, and inexcusable in the groups of base personnel, professionals and coordinators, the role they develop, and in the case of a plurality of functions, which is carried out with a prevalent character on the part of the worker.

For the purpose of facilitating this distribution by specialist staff, in the light of the existing Professional Groups and the collectives that integrate them, the general criteria of the Convention of Great Stores in the field of professional classification are as follows:

Group of Mandates: General function of command (managerial staff) so they are fully attached to the College of Technicians and Administratives.

Technical Group: General function that requires specific certification (Personal titled). They are fully attached to the College of Technical and Administrative.

Coordinators Professional Group:

Function of sale and function of processing, handling and dispatch of products (mercantile personnel): They are assigned to the college of specialists and unskilled.

Management, Administration, Box, and Section/Department/Line of Boxes (Administrative Personnel) function: They are attached to the technical and administrative college.

Maintenance function and ancillary services (personnel from other activities and services): They are assigned to the college of specialists and unskilled.

Professional Group:

Function of sale and function of processing, handling and dispatch of products (mercantile personnel): They are assigned to the college of specialists and unskilled.

Management, Administration, Box, and Section/Department/Line of Boxes (Administrative Personnel) function: They are attached to the technical and administrative college.

Maintenance function and ancillary services (personnel from other activities and services): They are assigned to the college of specialists and unskilled.

Base Staff Group:

Sales function, or function of processing, handling and dispatch of products (merchant personnel): They are assigned to the college of specialists and unskilled.

Management, Administration, Box, and Section/Department/Line of Boxes (Administrative Personnel) function: They are attached to the technical and administrative college.

Maintenance function and ancillary services (personnel from other activities and services): They are assigned to the college of specialists and unskilled.

Within the professional groups, in the case of multi-purpose workers, the membership will be carried out taking into account the task to which the worker dedicates the major part of his working day.

Article 74. Material v administrative means.

In order to comply with the provisions of the legislation in force, the companies will provide the Electoral Board with all the administrative and material resources required (approved ballots, chairs, tables, booths, etc.), to achieve the best development of the votes.

Companies will facilitate the elections by collaborating in the documentation of successive electoral acts and in their publication in the bulletin boards.

The companies, within the electoral period, and without interruption of the normal development of the labor activity, will facilitate to the trade unions the access to an adequate place in the centers of work, so that, in a way They can bring their electoral proposals to the workers by means of the representatives they appoint.

Article 75. Propaganda.

In order to facilitate the issuance of electoral propaganda, companies, in the centers of more than 50 workers, will provide the placement of sufficient board boards to disclose notices, information notes and any other information. (a) communication to assist the implementation and dissemination of the electoral campaign for each and every candidate. These planks shall be located in spaces not visible to the public and easily accessible to the staff of the staff in order not to hinder the normal work activity.

In the centers of less than 50 workers, the installation of bulletin boards similar to the previous ones will be provided by the companies.

Given the peculiarities of the commercial distribution in dealing with the customer, the propaganda will not be able to alter the normal delivery of work.

The Convention's signatory unions pledge not to paste propaganda posters into the facades of the centres.

Article 76. Secret Vote. Booths and order in the votes.

1. In order to guarantee the Right to the Secret Vote, the companies will provide to the Presidents of the Electoral Tables, the necessary means for the installation of electoral booths in sufficient numbers and with characteristics that guarantee the choice of the ballot and its introduction into the envelope in conditions of absolute secrecy for the elector.

The characteristics of the cabins shall prevent the visual identification of the option chosen by the voter based on their location.

The electoral table will ensure that in the interior of each cabin there are always ballots of each and every candidate.

The location of the polling booths and the placement of the auxiliary tables with ballots will be at the entrance to the polling stations as far as possible from the nearest voting table.

In case of discrepancy over location of booths and ballots, the rules provided for in the General Election Law will be followed.

2. No agglomerations or groups of people will be allowed in the electoral precinct, and the table should be guaranteed an orderly vote, so this place must be clear from the public and from people outside the polling stations.

Article 77. Ballots.

In any case, it must be observed that the ballots and envelopes of all the candidates are identical in size, color, print and quality of paper, at least by school, in a way that is not possible for them. recognition except for the reading of its contents.

In addition to the agreements established at the company level or at the workplace, it is recommended that the following measures be used: 210 × 148 mm, DIN A 5 and paper quality 100 grams/m².

Companies will be responsible for providing ballots and ballot boxes for all candidates. To this end, the undertakings shall make available to each of the candidates, within three working days following the final declaration of the nominations, a number of ballots and envelopes equal to that of the voters per candidature.

The companies will have as many ballots and envelopes as the number of voters per college multiplied by 1.5 for their delivery to the Bureau on the day of the vote.

In the event that the candidates wish the corresponding anagram on the top left, they will provide the company at the workplace level at the latest with forty-eight business hours in advance. the time when the company is obliged to submit the ballots to the candidates.

At the bottom of the ballot the legend "the inclusion of annotations or blacked out will cause the nullity of the vote".

Article 78. Vote by mail.

1. Workers affected on their day off by the act of the vote, or their working day outside the voting time, may use the voting system by mail or redeem the hours used to vote, up to a maximum of two hours, enjoying them on the date mutually agreed with the company, in order not to produce distortion in the organization of the work of each center.

2. Where a worker provides that he is not to be found on the date of the vote at the place of the right to vote, he may cast his vote by mail, after communication to the electoral bureau.

The worker who intends to cast his or her vote by mail must communicate it personally, or by duly authorized person crediting his or her identity and representation fairly, to the electoral bureau, through the offices of post.

The referral of the vote to the electoral table will be carried out by the worker who will introduce the ballot that he chooses in the envelope sent by the bureau itself, closing this one, which, together with photocopy of the national identity document introduce in another of greater dimensions that you will proceed personally to the electoral table by registered mail.

3. The communication referred to in Article 10 (2) of Royal Decree 1844/1994 may be made by the elector before the Electoral Bureau, if the voter has the possibility of being present in the workplace during the working period.

Article 79. Defects in candidacies and healing.

In each bid submitted to members of the Enterprise Committee, at least as many candidates as posts will have to be filled.

The Bureau will not admit any incidents to the candidacies until they have been submitted. In the event that the electoral bureau finds defects in the candidates or errors in the candidates, it will not reject the candidates, but, with a reasoned suspension of its admission, will put it to the attention of the representative of the union's host of the (a) to apply for the purpose of his/her sub-healing, which may be provided exclusively for that purpose, without a further period for the submission of applications, an exceptional period which may in no case exceed the time provided for in the electoral calendar for the final proclamation of nominations. In the case of candidates endorsed by the voters ' signatures, the procedure for the procedure for the procedure of the application shall be understood with all the components of the application.

In order to facilitate the electoral process and the under-healing of any contingency, the table must be made available to the representatives of the candidates, the same day as they are received, or the next maximum as long as the time limit allows, a copy of any written submissions to the table relating to his candidacy, especially the resignation of candidates.

Article 80. Controllers.

Each candidate may appoint an interventor per table without requiring his or her membership of the electoral census, but at all times they must keep the composure and the order inherent in an act of such transcendence, following always, and regardless of the performance of their duties, the instructions issued by the President of the Electoral Board.

In the act of voting, there may only be one representative of the company at the most for each electoral college.

Article 81. Roaming table.

In the provinces where there are several working places of less than 50 workers and a joint committee is to be elected, a traveling table that will make public the approximate voting time in each of the centers will be established.

Article 82. Election period.

Except otherwise, it is considered a business period for the presentation of the written documents before the Electoral Bureau, corresponding to the normal working hours of the working center. Written to the Electoral Bureau on the day of the end may be presented to the corresponding public office outside of the schedules that the Electoral Bureau remains open. In this case, the filing must appear before the Electoral Bureau the following day, before 12 noon, giving a copy of the document presented the day before in the Public Office.

Article 83. Interpretation of vote.

In order to give a uniform interpretation to the rating of the vote, the organizations represented here set out the following criteria that will be distributed to the whole of the Mesas, for their application on the day of the Vote:

On Empty.

than one ballot in the envelope:.

White.	The envelope must be listed as a ballot for the purpose of quadrating the number of votes
white paper inside.	White.
different to the set.	Vote null.	The President of the Table must indicate to the voter, prior to the vote issue, that he votes on the correct vote. If the vote is cast, it will be null.
Ballot with candidate blacked out.	Null vote.
strikeout of the anagram.	Vote null.
Ballot with annotations.	Null vote.
Null vote.	(Join the Ballots to be counted only once for the number of voters)
A) If they are of different candidacies:	Valid vote.	(The ballots will be joined to be counted once for the number of voters and votes)
B) If they are of the same candidacy:
Ballots that do not correspond to the ballot box of the urn.	Vote null.	No null votes will be counted for purposes attribution of representatives to each list.

TITLE IV

Interpretation of the Convention and Voluntary Resolution of Collective Conflicts

CHAPTER I

Mixed Committee

Article 84.

Both negotiating parties agree to establish a Joint Commission as a body for the interpretation and monitoring of compliance with this collective agreement, with headquarters in Velázquez Street 24, 5. right, 28001-Madrid and electronic: anged@anged.es.

Article 85.

the Joint Committee shall be composed of eight representatives of the trade union organisations which are signatories to the collective agreement which, irrespective of the number, shall have the weighted vote on the basis of their representation. in the sector, and eight of the business organization ANGED. In the act of its constitution, the Joint Committee, in plenary session, shall elect one or two secretaries.

In addition, the Commission may be interested in the services of occasional or permanent advisers on how many matters are of their competence, who will be freely appointed by the parties.

Article 86. Procedure.

The matters submitted to the Joint Committee shall be of an ordinary or extraordinary nature. Such qualification shall be granted by any of the parts of the same qualification.

In the first case, the Joint Commission will have to resolve within 15 days; and in the second, in forty-eight hours. The actions of the Commission pursuant to Article 83.2 of the Staff Regulations shall be subject to their particular time limits.

For the adoption of valid agreements, the majority favorable vote will be necessary for each of the two representations.

Article 87. Functions.

The following are specific functions of the Joint Commission:

1. Interpretation and development of the collective agreement.

2. At the request of the parties, it shall mediate or arbitrate, in the treatment and settlement of any collective issues and conflicts of a collective nature that may arise within the scope of this collective agreement.

3. You will be able to perform tasks of monitoring compliance with the agreed upon, and most especially of the mandatory stipulations inserted in the Convention.

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

5. If positions or functions on which there are discrepancies in order to their prevalent activity for the framing of the same in one of the Professional Groups will be created in the future, the Commission will be equally competent. Mixed to resolve them.

6. Entender of the non-application provided for in Article 82 (3) of the ET, when the legal circumstances contained therein are present within the period prescribed therein.

7. To activate in the event that the parties do not come to the commission or the commission does not reach an agreement the procedures that have been established in the next Chapter under the provisions of article 82.3 paragraph seven of the Statute of the Workers.

8. º Resolver by the mechanisms provided for in the following Chapter the discrepancies that arise in the scope of the companies in order to implement the Fifth Transition of this convention.

9. To resolve any discrepancies arising in the field of companies from the provisions of point III of the Sectoral Pact for employment and the maintenance of domestic demand in a crisis environment that is contained in the provision Additional to the Convention by the mechanisms provided for in the following Chapter.

CHAPTER II

Voluntary collective conflict solution procedures

Article 88.

The signatory parties to this Convention consider it necessary to establish voluntary procedures for the solution of collective conflicts by not depleting the tasks entrusted to the Joint Commission with the needs of the This may arise between undertakings and employees in relation to the application and interpretation of the agreed terms and their suitability for the circumstances in which the work is carried out and carried out in each undertaking.

Article 89.

Prior to the exercise of the right to strike, the parties undertake to exhaust the voluntary dispute settlement procedures provided for in this Chapter, to which effect they designate as their domicile in this Convention, electronic communications shall be sent to the business association's post, which shall carry out the functions of the Secretariat of the Joint Committee.

Article 90.

In order to comply with the powers provided for in Article 86th, 7th, 8th and 9th of this Convention, the following procedure of intervention of the Joint Commission will be articulated, which will be extended to the procedures for the modification of the the working conditions provided for in this Convention when requested by the parties.

Article 91.

1. The Joint Committee shall, in the exercise of its decision-making functions, resolve the discrepancy between the undertaking and the representatives of the employees, in the absence of agreement in the procedures for the implementation of the working conditions laid down in the in the collective agreement referred to in Article 82.3 of the Staff Regulations, provided that the conditions laid down in that Article are met or are thus established in this Convention. It shall also decide, by the same procedure, any discrepancies arising in the procedures for the modification of the working conditions laid down by the Fifth Transition and in those resulting from the application of the measures referred to in Article 3. Point III of the Sectoral Pact for employment and the maintenance of internal demand in a crisis environment as set out in the Additional provision of the Convention.

2. The decision of the Commission to resolve the discrepancy may be taken within its own framework within seven days of the discrepancy being raised or by the appointment of an arbitrator between impartial and impartial experts. independent. Where there is agreement between the parties to the dispute on the applicable procedure for the settlement of the dispute, it shall be followed. In another case, the Commission itself shall be responsible for the choice of such arbitration procedure. The decision to be taken by means of such arbitration proceedings shall be made within a period of not more than twenty-five days from the date of submission of the dispute. Such a decision shall have the effectiveness of the agreements reached in the period of consultation 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.

3. Where the discrepancy relates to the modification of working conditions in the terms of the Fifth Transition or Additional Disposition III, the time limit for such procedures shall not interrupt that of the decision to be taken by the Company, so that the enforceability of the resolution of the same shall have effects within 15 days of its communication to the parties.

Article 92. Legitimization.

They will be entitled to request the action of the Joint Commission for the solution of the discrepancies for lack of agreement in the procedures for the implementation of the working conditions provided for in the collective agreement and in the which are expressly referred to in this Convention in accordance with Article 82.3 of the Staff Regulations of Workers, Companies and the Legal Representatives of Workers.

In the case of an absence of representation of employees in the company, they may attribute their representation to a Commission designated in accordance with Article 41.4 of the Workers ' Statute.

Article 93. Start of the procedure.

1. The procedure shall be initiated by application by electronic mail at the headquarters of the Joint Committee, together with the documentation referred to in the following Article. The application must indicate the reason for the discrepancy and the claim that you want. For these purposes, the new working conditions applicable to the company and its period of application must be determined accurately.

In addition, the party submitting the application must submit a copy of the request to the other party immediately after it has been submitted to the Joint Commission, informing it of the number assigned to it, with the purpose of the latter being able to consult the processing state and to receive the notifications relating to the procedure, by means of the representatives referred to in paragraph (b) of the following Article or by any other who expressly communicate to the Joint Commission.

The party initiating the procedure must prove that it has complied with the above paragraph.

2. Once the application has been received by the Commission, the Registrar of the Commission shall verify that it meets the requirements laid down in this Convention and, if not, address the applicant for the purpose of completing his application within 10 years. days with the warning that, if you do not do so, you will be given a withdrawal of your request, with a file of the actions. When the deficiencies are remedied, the deadline to resolve shall begin to be counted from the date on which the application was completed.

3. The Registrar shall immediately forward to the other party of the discrepancy, notice of initiation of the proceedings, to make the allegations which he considers to have been made within five days at the headquarters of the Joint Committee, either in a physical or physical manner. or electronics.

4. It shall also send the request to the members of the Joint Committee for the purpose of giving a decision, within one day, on the procedure to be followed for the solution of the discrepancy, without prejudice to the parties ' compliance with the choice of the procedure and, where appropriate, the referral of the proceedings to the plenary of the Joint Committee. Where no answers have been obtained within the period of one day in which the number of members of the Commission is equal to the absolute majority of the members of the Commission, the discrepancy shall be settled within the Commission in accordance with the procedure laid down in Article 3 (1). provided for in Articles 96 or 97. In any event, for the proper constancy of the procedure to be followed, the Registrar shall communicate to all members of the Standing Committee the result of the answers obtained.

5. When the Joint Committee, in accordance with the provisions of the previous paragraph, has decided to forward the solution of the discrepancy to its plenary session, the Secretary shall transfer the request to the other members.

Article 94. Documentation.

The application referred to in the previous article shall be accompanied by the following documentation submitted by electronic means:

a) Identification of the requester, affected job centers, and email address.

(b) Identification of employee representatives, including, in any case, name, ID and e-mail address to which they may be made communications.

c) Accreditation of having developed the period of consultations and, where appropriate, minutes of the meetings held and the position of the other party giving rise to the discrepancy.

d) Documentation concerning the concurrency of economic, technical, organizational or production causes.

For such purposes, the documentation that is required in the communication of collective redundancies, or modifications of conditions according to whether it is a procedure for the neglect of a convention or a of the provision in the Fifth or Point III Transitional of the Additional Disposition respectively, taking into account that where the alleged economic causes consist of a persistent decrease in the level of income or sales, the documentation showing that such a decrease has occurred during the last two consecutive quarters.

(e) Detailed relations between the working conditions of the collective agreement which are intended to be applied and their incardination between the matters referred to in points (a) to (g) of the second paragraph of Article 82.3 of the Staff Regulations Workers, detailing the new working conditions to be applied and the period during which they are intended to be established, in the case of this non-application procedure.

In the case of a dispute procedure in the application of the Fifth Transition or Point III of the Additional Disposition, the Commission shall be transferred from the same documentation to the legal representation of the workers together with the initial application and where appropriate the measures taken by the Company after the end of the period of consultations without agreement.

f) Accreditation of having given to the other party of the discrepancy copy of the application submitted to the Joint Commission, together with the documentation set out in this article.

g) The number and professional classification of workers affected by the implementation of the working conditions of the collective agreement, broken down by work centre and, where appropriate, by province and autonomous community.

(h) Information on the composition of the representation of workers, as well as of the special negotiating body, specifying whether they are a unitary representation or representation chosen in accordance with Article 41.4 of the Staff Regulations Workers.

Article 95. Procedure by decision within the Joint Committee.

1. Where the discrepancy is to be resolved by decision taken within the Commission itself, the Secretary shall request a report on the discrepancy in the terms set out in this paragraph.

The report shall be drawn up by the technical services available to the Commission within five days of the date of application. During that period, the parties may be asked to provide additional documentation or any clarifications deemed necessary.

2. Once the report referred to in the previous paragraph has been issued, a meeting of the Commission shall be held, after a call for the meeting has been convened five days before the date of the meeting. A copy of the report shall also be transferred to each of the members of the Commission, as well as to the arguments submitted, where appropriate, by the other party to the discrepancy, for analysis and study.

Article 96. Decision of the Commission.

The Commission's decision will be motivated and will resolve the discrepancy submitted to it, deciding on the implementation of the working conditions laid down in the collective agreement or on the proposed amendment to the procedures that have their origin in the Fifth Transition or in point III of the Additional Disposition.

In another case, you will launch the procedure provided for in the following articles.

Article 97. Appointment of arbitrators.

The procedure provided for, in accordance with the eighth paragraph of Article 82 (3) of the Staff Regulations, shall apply if the parties have not requested the intervention of the Joint Committee or when the latter had not reached an agreement.

1. Where there is conformity between the parties affected by the discrepancy for the designation of an arbitrator, the designated common agreement shall be preferred.

In another case, and after convening the Joint Committee, within a maximum of four days from the date of the submission of the application referred to in Article 94 each of the two parts of the Joint Commission will propose a two-referee relationship. From the resulting list of four arbitrators, each shall rule out successive votes, the order of which shall be decided by lot, the name of the arbitrator that is appropriate until one is left.

2. Where the appointment of an arbitrator is not followed, the decision for the solution of the dispute raised shall be taken within the Commission in accordance with the procedure laid down in Article 96.

3. Once the arbitrator has been appointed by the Joint Committee, the Joint Commission will formally carry out the request to him, transferring the request referred to in Article 92 and the documentation referred to in Article 94, indicating the maximum period in which it must be the award, which must be complied with, in any event, with the provisions of Article 91.2.

The performance of the arbitrators shall follow the procedure laid down in Article 98.

4. The Joint Committee shall provide the arbitrator with the support measures it needs for the performance of its arbitral function. This support shall include, at the request of the arbitrator, the issuance of a report in the terms set out in Article 95.1.

5. The arbitrator shall resolve and communicate the award to the Commission and is to the parties concerned by the discrepancy, within the maximum period laid down in accordance with Article 82.3 of the Staff Regulations.

Article 98. Procedures for the solution of discrepancies, by the appointment of an arbitrator.

1. The arbitrator may initiate his/her activity as soon as he/she has received the order in the terms set out in the previous article. To this end, it may require the parties to appear or request additional documentation.

2. The award, which must be reasoned, must first give an opinion on the concurrency of the economic, technical, organizational or production causes, which gives rise to the application of the working conditions laid down in the Convention. collective, or the requested modification measure.

3. If such causes are not met, the award shall be declared by the award, with the result that the conditions of work provided for in the collective agreement and the amendment requested shall not be applied.

4. When assessing the concurrency of the causes, the arbitrator must decide on the application of the conditions of employment, in order to assess the adequacy of the case in relation to the alleged cause and its effects on the workers. affected. The award may either accept the application for application of the same terms or propose the application of the same working conditions to a different degree of intensity. The arbitrator shall also decide on the duration of the period of the application of the working conditions.

In the case of discrepancies arising from the procedures provided for in the application of the Fifth Transition or Point III of the Additional Disposition, the arbitral decision shall be closed to the measures requested.

5. The arbitrator shall resolve and communicate the award to the Commission and is to the parties concerned by the discrepancy, within the maximum period laid down in accordance with Article 23.3.

6. The arbitral award shall be binding and immediately enforceable, except in the cases referred to in the second subparagraph of point 4 above, which shall be at the end of the 15 days from its communication to the parties.

Article 99. Cost of the procedure.

The costs of the procedure, including those relating to the technical reports and the arbitral action, shall be borne by the applicant, unless this is the legal representation of the employees, in which case they shall be of the Company that has raised the application of the Fifth Transition or Point III of the Additional Disposition.

Repeal provision.

All the precepts of the previous collective agreement are expressly repealed, either as individual or collective rights recognizers, which are not expressly provided for in this Convention.

First disposition first.

The conditions agreed in this Convention constitute a whole that cannot be modified by subsequent provisions, except that in global computation and taking into account each and every one of the conditions for this Convention These will be more beneficial, in which case they will be applied with absolute exclusion of each and every concept agreed upon in this Convention.

Final disposition second. Procedure for action in situations of harassment.

This protocol serves as a model for the development of procedures for action in cases of companies that do not have their own procedures:

General provisions.

The procedure laid down in this Protocol of Action shall be developed under the principles of rapidity and confidentiality, ensuring and protecting the privacy and dignity of persons subject to harassment.

The rights of persons involved in the procedure will be guaranteed and respected.

The Acoso Situation Treatment Instructor Commission (CITA) will be created at the company level, as a body responsible for processing the process contemplated in this proceeding.

This Commission shall be composed of a doctor attached to the prevention service, a representative of the central prevention service and a representative of the department of personnel, all of whom are outside the work centre in which the the situation object of analysis has occurred.

Solution process by pronouncement.

A solution procedure is structured by pronouncement for those workers who consider themselves to be subject to harassment.

1. The procedure will be initiated by means of a request for intervention by the alleged victim of harassment that will present to the Commission Instructor of Treatment of the Harassment Situations -CITTSA- or the doctor attached to the prevention service. If the worker or worker wishes to do so, he may also be able to address the workers ' representatives, who may assist him in the processing of the application for intervention.

The application for intervention shall be submitted in writing, or by registered mail, to the address of the Harassment Processing Commission or by any other means which may be established by the Commission, such as e-mail, concerted interview, telephone, etc., in which the Commission's intervention is being urged. Subsequently, it will request the account of the various acts and incidents, identification of the person/s who adopt the unwanted conduct and the possible witnesses of these behaviors and acts.

2. In any event, workers may be assisted, in their interventions with the Instructor Commission, by a representative of the workers of their choice.

3. Once the application for action on harassment has been officially notified, the Commission of Instruction shall initiate the training or opening of the information file, with a view to the investigation and verification of the facts. (a) the Commission should be able to take the necessary steps to ensure that the Commission is able to take the necessary steps to ensure that the measures are taken into account in the light of the clarification and veracity of the facts reported.

This process will be developed under the principles of confidentiality, speed, contradiction and equality.

During the processing of the alleged acts, in so far as the organisation of the work permits, the change of job shall be made available to the person who is a complainant or has been reported.

4. The Commission has a maximum period of 30 days in which to give a reasoned decision. This period shall be initiated from the moment the Commission has official knowledge of the application.

The instructional or information phase will end with the delivery of the Commission by the preparation of a report which will put first of all the knowledge of the applicant.

5. Where the report finds the existence of harassment, the report shall be forwarded to the person in charge of the department of staff for the purpose of taking appropriate corrective action, applying the appropriate legal penalties.

6. Where the report does not contain situations of harassment, or the verification of the facts is not possible, the case file shall be filed for the completion of the process. To the extent permitted by the organisation of work, the feasibility of job changes will be considered, facilitating the change of job if the affected worker so requests and is advised by the Medical Service of the Company.

7. The Company shall ensure that workers who consider that they have been subjected to harassment, those who raise a complaint concerning harassment or those who provide assistance in any process, for example by providing information or by intervening as a witness, shall not be subjected to intimidation, persecution or retaliation. Any action in this regard shall be considered as a matter liable to disciplinary action.

8. The Company shall inform the employees ' representatives of the centre of all sexual or moral harassment cases that occur and end with the imposition of any serious or very serious disciplinary sanction.

First transient disposition. Continuing vocational training.

During the duration of this Convention, the Joint Commission will implement the application in the functional area of the National Agreement on Continuing Training of the Occupied Workers.

Second transient disposition.

Those companies that have established a system of incentives and position allowances for the performance of the function, with reference to the length of stay in the company, will adapt this system, if it were the case, to the new ones. criteria for the professional classification of the convention. In any event, where the conditions of such systems provide for prior periods of stay in the undertaking, they shall be computed according to the same criteria for all workers, regardless of their mode of employment.

Transient Disposition third.

With effect from 1 January 2013, workers who have been enjoying a maximum annual working day lower than that provided for in Article 26 of this Convention may keep them adjusting to their Annual remuneration and placing it in the knowledge of the Directorate within 15 days from the date of signature of the agreement in the case of the companies associated with ANGED and with 15 days from the publication of the agreement in the remainder.

Also those part-time workers who, by the effect of the new working day and a consequent salary applicable from 01/01/2013, could see their annual remuneration reduced, will be able to extend the day voluntarily. established in the contract in the same percentage of increase as the maximum annual day compared to the one set out in the 2012 agreement. To this end, they must be brought to the attention of the Management with 15 days from the date of signature of the agreement for the companies associated to ANGED and with 15 days from the publication of the convention in the rest.

Working people will be able to exercise the same right of choice and determine the moment of completion of the day's enlargement if they wish to maintain the annual remuneration. In such cases and for the purposes of the minimum and maximum working time limits, they may voluntarily maintain the working time reference at the time of the application if it has been prior to the entry into force of this Convention.

Transitional disposition fourth. Professional Classification.

Within the group of coordinators, the following subgroup is identified: Coordinated Coordinators: Identified to the coordinators provided for in Article 6., except in the coordination work. Consequently they have no staff in charge. They have been assimilated to the group of Coordinators at once on the occasion of the signing of the collective agreement of 1997/2000, without any change in the role and tasks they were actually carrying out, which did not involve management or coordination of resources. human.

The assignment of the command staff and their classification shall be carried out on the basis of the following sub-groups:

1. The management staff itself, not included in the following sub-groups, shall comply with the general definition of the group of controls.

2. Heads of administrative section: These are those which, in administrative functions, bear the responsibility or direction of one of the sections in which the work may be divided with direct authority over the employees to their orders. This sub-group includes employees who, prior to the entry into force of the 1997/2000 Collective Agreement, are thus qualified under the old Trade Ordinance, and provided that the content of their employment is not met. amended in accordance with the provisions of the Convention.

3. Heads of commercial section: These workers are understood to be at the front of a section and with powers to intervene in the sales and to have the appropriate for the business. good order of work, and should also guide its main on the purchases and the supply of items to be carried out, and the professionals on the display of the goods.

This subgroup includes employees who, prior to the entry into force of the 1997/2000 Collective Agreement, are thus qualified under the old Trade Ordinance, and provided that the content of their work is provided has not been amended in accordance with the provisions of the Convention.

Transient disposition fifth.

The companies, in order to comply with the new maximum day and the application of the system of solidarity sharing of the distribution of the work throughout all the days of the week, will proceed to the opening of a period In accordance with Article 41 of the Staff Regulations, in so far as, in order to be able to comply with the provisions of this Convention, an orderly redistribution of the annual working day is necessary, carry out without loss of annual day and due attention to the client, the companies, taking into account the periods of the year and/or days of the week in which the activity takes place, the necessary changes must be made to the working hours of the workers concerned, in accordance with the procedure laid down in Article 41 of the ET, in the event that the modification will be substantial.

In order to deal with this amendment, it will be the competence of the Intercenters Committee the knowledge treatment, negotiation and approval in its case of the general criteria for the establishment of the modifications required.

The practical implementation of the general criteria following the consultation process with the intercentres committee and the scope of such changes at the centre level will be the subject of communication to the legal representation of workers. in the same, prior to its application, and without the need to reopen a new process of consultation in this field.

The changes produced will be communicated in the terms and deadlines legally provided for the affected workers.

In any case, it is established to facilitate and homogenize this procedure: (a) that, as a result of the necessary respect for the equitable distribution of the work set out in Article 27 of this Convention and the agreed distribution system, the organisational reason for this is proven; b) that these amendments contribute to improving the reconciliation of the working and family life of the majority of workers in the sector and the improvement of the situation of firms through a more adequate organisation of their resources; and c) that firms will respect the following limits for the amendments to be made by way of Article 41 E.T., thereby complying with the attenuation the consequences for the workers concerned referred to in the first subparagraph of point 4. Cited in Article 41 of the ET:

• In the distribution of working time in the field of enterprises in commercial centers open to the public, workers with more than three days of average annual work per week will have no obligation to provide services more than up to 55% of the annual opening and annual public holidays, provided that the resulting number is greater than 9. For the purposes of calculating the number of Sundays or holidays, the resulting fraction shall be raised to the whole.

Given the date of entry into force of the new day, with effect from 1 January 2013, the calendar for 2013 will be compensated for the hours that are actually to be carried out on an annual basis, distributing them for the rest of the year.

Any discrepancies which may arise as a result of the processing of the amendments referred to in this Transition shall be settled by the Joint Committee of the Convention in accordance with the procedure laid down in Articles 87 and follow from the same.

The processing of the discrepancies will not paralyse the business decision after the consultation period, so the decision of the Commission or of the arbitrator, which will be executive, will take effect at the fifteen days since its communication. to the parties.

Transitional disposition sixth.

Those workers hired prior to the entry into force of this Convention within the Initiation Group will pass on to the Professional Group in the terms contained in the Convention in force at the time of their procurement.

Transient disposition seventh.

With the aim of mitigating the consequences of the variable remuneration on the income actually received during 2012, the workers who, in such a year, would have perceived, by application of the provisions of the Article 32.13 of the previous Convention or undertaking agreement to that referred to, amounts exceeding EUR 350, from the first day of the month following the date of signature of this Convention, shall consolidate, as an annual personal supplement, the difference between the 350 € and the most effectively perceived amount during the year 2012, with the limit 500 €.

The amounts already received in 2013 before the signing of the Collective Agreement, by payments corresponding to Article 32.13 of the previous agreement, will not be the subject of compensation.

Discrepancies in the application of this measure will be resolved by the Joint Committee, subject to the mechanism provided for in Article 91.1 of this Collective Agreement.

Additional disposition. A sectoral pact for employment and the maintenance of domestic demand in a crisis environment.

The parties, aware of the circumstances that the country's economy is going through, with the character of exceptionality and transience that are inherent in it, consider it necessary to make all the necessary efforts to to deal with the crisis and the negative effects on the destruction of employment in an adverse environment, setting out the following stipulations:

I. Wage growth and consumption: Given the commitment to employment assumed by the companies and trade unions that are signatories under the Convention, it is necessary to undertake a wage treatment during its term that seeks to promote maintenance. of existing jobs in the sector, such as facilitating the generation of new jobs wherever possible.

The parties are aware of the drastic reduction in consumption that has been recorded since 2,008 and the effort undertaken by companies in the maintenance of the remuneration level, and even their increase, even if the Circumstances have been very different from those expected at the time of the signing of the previous Convention, which is to be compensated by the establishment, as of 1 January 2013, of the new maximum time provided for in Article 26 of the Convention. Hence, the parties have set the basic salary amounts set out in Article 22 as stable for the entire duration of this Convention, allowing for higher perceptions in the case of positive developments in consumption.

In this way, the parties aim to contribute, with a mutual effort, to maintain employment, and to pay back to the evolution of consumption.

From 2015 onwards, the parties will evaluate the evolution of consumption in case of falls by adopting the measures they deem necessary.

II. Commitment to maintain indefinite employment: Throughout the duration of the collective agreement, companies will maintain the level of employment fixed at sectoral level. The commitment is understood throughout the duration of the Convention, so regardless of the annual controls and monitoring, it will be verified at the end of the validity of the Convention.

III. Resolution through internal flexibility of crisis situations.

Companies with crisis work centers: The previous commitment will not reach those companies that are immersed in the causes that justify the adoption of other measures on employment.

this is, however, in order to avoid measures for structural reduction of employment, or for the implementation of the Convention by means of Article 82.3 of the ET, in those centres where there are persistent or persistent situations of decline in employment. sales (continued annual sales decline over the three previous years of 9% of the average annual in the said period) or similar falls of results in the same period in the same period, the companies will preferably apply measures of internal flexibility consisting primarily of functional or geographical mobility as the change of a temporary or permanent centre, in order to meet the needs of workplaces within a perimeter of not more than 50 kilometres from the worker's home where they are outside the metropolitan area.

These alone effects are understood to be a persistent decrease in the level of sales, or of results that is contemplated at the center level in the preceding paragraph and calculated at a comparable surface.

Only in the second place can a temporary reduction of the base wage of a convention of up to 5 percent, and maximum for one year, be applied in such centers, extendable for equal periods following the procedure here established, provided that the adoption of this measure serves to preserve as much employment as possible, although prior to the adoption of this measure, the internal flexibility provided for in this Sectoral Pact must be exhausted.

The application of this measure, which will necessarily be temporary and is based on the provisions of the first paragraph of Article 41 (4) of the Staff Regulations, shall be carried out on the basis of the the procedure laid down in Article 41, 4 and 5 of the Staff Regulations and supporting the accreditation of the concurrency of the intended cause.

In order to preserve the necessary homogeneity of the measure at company level the competent body will in any case be the Intercenters Committee.

Also before the employment structural or structural changes, additional internal flexibility measures such as the modification of the working conditions higher than those referred to as minimum by the This Collective Agreement.

The discrepancies in the application of these measures described above, as they derive from an extraordinary procedure for the application of the Convention originating in the Convention, will necessarily be resolved by means of the procedures provided for in Articles 86 and concordant with this Convention.

In any case, companies will be able to come to short-term employment measures or those referred to in Article 82.3 of the Workers ' Statute, when the circumstances in which they are described are present, following the procedure where provided for and developed, pursuant to Article 83.2 thereof, in Chapter II of Title IV of this Convention.

ANNEX I

Level complement system for companies that do not have their own system (Article 18 of the Convention)

Recognition of the special professional level within the group of professionals.

1. Criteria.

I. For Sale:

Within the Group of Professional Sales Professionals in areas with 80% or more personalized sales is established a personal recognition of the level of special professional development for those employees who, in the exercise of their duties have exercised in the Professional Group a minimum of seven consecutive years, as long as they master and know the techniques of sale, implantation, organization, etc., help and instruct a team of vendors by cooperating in their tasks for the achievement of specific objectives and, in addition, following professional achievements:

a) Increase annually its sale by a percentage higher than CPI for four consecutive years, provided that its annual sales figure is 10% above the average for its area of sale during each of those four years.

b) Reach an annual sales figure among the first of your area of sale for three consecutive years or five alternate years in a period of the last seven years according to the following table:

First in areas of 1 to 5 people.

Between the first two in areas of 6 to 10 people.

Among the top three in areas of 11 to 15 people.

Top five in areas of 16 or more people.

For the purposes of paragraphs a and b) it shall be taken as the area of sale where the worker has made the highest total sale during the year.

II. For all other functions:

Within the Group of Sector Professionals, in functions other than those for sale in point I. above, a personal recognition of the level of special professional development is also established for those employees in which all of the following personal achievements match:

1) Haber exercised in the company or Group of companies, and in the Professional Group of Professionals a minimum of 7 consecutive years.

2) Achieve a level of efficiency in the execution of the tasks entrusted similar to the one that follows from the fulfilment of all the criteria required for access to the Group of Coordinators, in each function, except the one referred to coordination of persons in charge.

3) To be in possession of adequate certification to the developed work, understanding the following:

Degree in the average level of Vocational Training;

Certificate of Professionalism of the INEM referring to the role played or accreditation of having completed the corresponding training itinerary, even if the Certificate had not been issued due to lack of regulation rules;

Certificate issued by the National Employment Agency or the Autonomous Community competent to have overcome with the use of an Occupational Vocational Training course taught by or within the Company or Group of companies in which provides services, relating to the job which it carries out and with a minimum duration of 140 hours, or, if its duration in hours is lower, reaches a total of 200 hours by adding other training courses of continuing training or internal training appropriate to the post, in a period not exceeding four consecutive years, in any case imparted by or within the Company.

Certificate issued by the company in which it is accredited, or the completion and improvement of an internal training course, with a duration from 100 teaching hours taught in a single training action, provided that it is appropriate to the function and post developed by the applicant, or the participation as a monitor from 200 hours in various training actions in specific internal training courses that are adapted to the function and developed by the applicant.

Certificate issued by the company in which it is credited to have completed and exceeded more than 300 hours of adequate internal training for the post, in a period not exceeding four consecutive years, provided that it exists in the Company a specific training itinerary.

The parties consider that the Professional Certificate related to the professional family of the distribution will contribute to the improvement of employability.

2. Systems and mechanisms for level recognition.

Those workers in which all the criteria set out here are met, they will request from the Enterprise Directorate the recognition of the special professional level, and it is necessary for their concession, except in the sales function, and except for those who have been engaged in training or practice for two years in the same or similar position in the company, that the worker approves an examination or evaluation carried out at the company's level. The Company shall be required to carry out the relevant examination within six months of the application, unless the worker has carried out another examination in the previous two years.

The purpose of the examination shall be to establish that the applicant has the standard knowledge of the time required on the market for professionals of his/her specialty at the average level of vocational training, as well as the application The company scope of those market standards in its specialty.

The evaluation will meet objective criteria and will be formalized in the corresponding document that will obey to standards of assessment of the knowledge, effectiveness, aptitudes and attitudes of the evaluated in the execution of its and in their relationship to the workbench and clients.

Of the examinations, evaluations, objectives and their development shall be given to the Committee of the Company or the Staff Delegates on the same terms as intended for the promotions by the opposition.

In order to be able to access the recognition of the Level Complement in the Sales Function, the applications must be submitted before the month of April of the current year and will be carried out by the same system developed for the promotions by merit concurrency.

The recognition of the Level in the sales function in companies that lack data to know the individual sales volume of their employees or in cases where the sale occurs in areas with less than 80% of sales The system may be governed either by the systems provided for in this Convention for the promotion of the Professional Group of Professionals or by the system set out in this paragraph.