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Resolution Of 16 November 2012, The Directorate General Of Employment, By Which Records And Publishes The Content Of The Tripartite Agreement On Autonomous Settlement Of Labor Disputes.

Original Language Title: Resolución de 16 de noviembre de 2012, de la Dirección General de Empleo, por la que se registra y publica el contenido del Acuerdo tripartito en materia de solución autónoma de conflictos laborales.

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TEXT

Having regard to the content of the Tripartite Agreement on the autonomous solution of labor disputes signed on October 25, 2012, by the government of one party, by the Trade Union Confederation of Workers ' Commissions, and by the General Union of Workers, and other, by the Spanish Confederation of Business Organizations and the Spanish Confederation of Small and Medium-sized Enterprises, an Agreement that complements and develops the Fifth Agreement on the Labor conflicts-Extracujudicial System-(V ASAC) that was the subject of registration and publication in the 'Official State Gazette' of 23 February 2012 pursuant to Article 83.3 in conjunction with Article 90 (2) and (3) of the Law on the Status of Workers, recast text approved by Royal Decree-Law 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, and in accordance with the provisions of Article 3 of Royal Decree 343/2012 of 10 February, for which the basic organic structure of the Ministry of Employment and Social Security.

This Employment General Address resolves:

First.

Order the deposit of the Agreement referred to in this resolution in this Steering Body.

Second.

Arrange your publication in the "Official State Bulletin".

Madrid, November 16, 2012. -Director General of Employment, Xavier Jean Braulio Thibault Aranda.

SIGNING OF THE TRIPARTITE AGREEMENT ON OUT-OF-COURT SETTLEMENT OF LABOUR DISPUTES

In Madrid, on October 25, 2012, on behalf of the Government, the General Workers 'Union, the Workers' Commissions, the Spanish Confederation of Business Organizations and the Spanish Confederation of Small and Medium-sized Enterprises. Medium Company, the undersigned are gathered to subscribe to the document agreed upon in this same date on the Autonomous Solution of Labor Conflicts.

The parties, having examined the text of the Tripartite Agreement which is attached, express their agreement with the Agreement, proceeding accordingly to their signature.

Also, agree that the Tripartite Agreement be processed in order to facilitate the achievement of the objectives to which the V ASAC responds.

Likewise, it is agreed, to urge its publication in the Official Gazette of the State for legal effects.

And for the record, this Act and the text of the Tripartite Agreement for exemplary fivefold and only one effect at the place and date above are hereby signed.

By the Government, Engració Hidalgo Tena, Secretary of State for Employment. -By the Trade Union Confederation of Workers ' Commissions, Ramón Gorriz Vitalla. -By the Spanish Confederation of Business Organizations, José de la Cavada Hole. -By the General Union of Workers, Antonio Ferrer Sais. -By the Spanish Confederation of Small and Medium-sized Enterprises, Teresa Diaz de Teran López.

ANNEX

Preamble

On 7 February 2012, it was signed by the representations of the General Workers 'Union (UGT), the Trade Union Confederation of Workers' Commissions (CC.OO), the Spanish Confederation of Business Organisations (CEOE) and the The Spanish Confederation of Small and Medium-sized Enterprises (CESME), the Fifth Agreement on the Autonomous Solution of Industrial Conflicts (the Extractive System) (ASAC-V), which is to give continuity to the system of conflict resolution initiated more than 15 years.

In the second provision of the 5th ASAC the undersigned organisations express their wish to address the Government for the purpose of enabling, by means of the appropriate Tripartite Agreement and the legally appropriate procedure, to enabling measures to enable the financing and implementation of the measure.

The results of the previous agreements have been positively assessed by the employers ' and trade unions and the Ministry of Employment and Social Security, both sides have agreed on the need to continue to this system of extra-judicial solutions through a double commitment: the impetus of the systems of conflict resolution through the social dialogue by the Business and Trade Union Organizations and the will of their maintenance and consolidation by the government. In this sense, the Ministry of Employment and Social Security lends its support to the cooperation proposed by the Social Agents through the V ASAC.

Depending on all of this, the signatory parties have reached the following Agreement:

Article first.

1. The Government acquires a commitment to support the functions and tasks agreed upon by the most representative Business and Trade Union Organizations, in the Fifth Agreement on the Autonomous Solution of Conflicts signed on 7 February 2012 (V ASAC).

2. In line with the commitment made, the Government shall adopt the necessary budgetary and technical measures to facilitate the achievement of the objectives set out in the Agreement to be covered by the grant.

3. The cooperation of the Government referred to in point 2 shall be understood as referring to the Foundation of the Interconfederal Mediation and Arbitration Service. To this end, the Ministry of Employment and Social Security will provide the necessary credit to provide the Foundation with a budget for the duration of the Agreements.

4. The continuation of the Tripartite Commission created in the framework of the previous Tripartite Agreement is agreed, which, regardless of other oversight functions included in the legislation in force, will have the task of monitoring and monitoring the expenditure which, on the occasion of the mediation and arbitration activities, is generated by the Foundation. It will also be responsible for the study and assessment of technical and legal problems that may arise in the development of this Agreement and to promote initiatives that can facilitate their solution.

Such A Tripartite Committee of Joint Composition will continue to hold its regular meetings at least twice a year, one of them for the control of the expenditure incurred in the previous year, and the second to approve the forecast of expenditure for the following financial year, in order to prepare the corresponding budget.

Article 2.

Regardless of the contributions made by the State annually through the corresponding Budget Laws and in the above mentioned terms, the Interconfederal Mediation and Arbitration Service Foundation may be nurtured from other resources, in accordance with its Statutes.

Third item.

The Ministry of Employment and Social Security will continue to exercise control of the amounts provided to the Foundation under the terms of Law 38/2003 of 17 November, General Grant, and the Order of the Ministry of Labour and Social Affairs 641/2005 of 28 February establishing the basis for the granting of grants to finance mediation and arbitration actions to be carried out by the Foundation of the Interfederal Mediation and Arbitration Service.

Article 4.

The Administrative Service for Mediation, Arbitration and Conciliation, based in the Employment and Social Security Directorate-General of the Ministry of Employment, will retain its powers and functions in respect of those cases. falling within the scope of the VASAC, either on the basis of its own terms or on the basis of which it belongs to sectors, subsectors or undertakings which it has expressed in accordance with Article 3.2 of the said Agreement that it is not apply the V ASAC.

Article 5.

The Government and the undersigned Business and Trade Unions undertake to promote and support the measures and, where appropriate, legislative changes that are appropriate for the full effectiveness of both the ASAC and the present Tripartite Agreement.

Additional disposition first.

In the Tripartite Commission, as referred to in Article 1, point 4, the proposal that proceeds in relation to the precise grant for each financial year will be formulated in order to process its inclusion in the draft Law of General Budget of the State. Each year the grant proposal, duly quantified and justified, must be in the Ministry of Employment and Social Security before 15 June of the year preceding the year referred to in the proposal for the purpose of including it in the preliminary draft Department's budgets.

Effective: The validity of this Agreement extends until December 31, 2016, extending from that date on the same terms as the Agreement replacing the V ASAC.