Having regard to the text of the Framework Agreement of the Pizarra Sector (Convention Code No.: 99012705071997), which was signed, dated September 20, 2012, by the business associations of the National Federation of the Pizarra and APROPICALE, representing companies in the sector, and another by the union organisation UGT, representing workers in the sector, and in accordance with the provisions of Article 90 (2) and (3) of the Law on the Statute of Workers, Recast Text approved by Royal Legislative Decree 1/1995, March 24, and in the Royal Decree 713/2010 of 28 May on the registration and deposit of collective labour agreements and

,

This Employment General Address resolves:

First.

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

Second.

Arrange your publication in the "Official State Bulletin".

Madrid, 26 October 2012. The Director General of Employment, Xavier Jean Braulio Thibault Aranda.

SLATE SECTOR FRAMEWORK AGREEMENT

TITLE I

General provisions

CHAPTER I

Article 1. Signatory parties.

These are parties to this Framework Agreement of the Pizarra Sector (hereinafter AMAP), on the one hand, as union representation, the State Federation of Industry and Agro-Food Workers (FITAG-UGT) and the Federation State of Metal, Construction and Aends of the UGT (MCA-UGT) and elsewhere, as business representation, the National Federation of the Pizarra and APROPICALE.

Both representations, trade union and business, mutually legitimizing and representativeness are recognized for the negotiation of this Framework Agreement of the Pizarra Sector, under Article 83.2 of the Statute of the Workers.

Article 2. Personal, functional, and territorial scope.

This AMAP will be applicable and will require all companies and their employees, whose main activity is the extraction and/or production of slate in the entire area of Spanish territory.

Article 3. Temporary scope.

Given its vocation of permanence and normative stability, this AMAP will enter into force ten days after its publication in the "Official Gazette of the State" and will last for five years, extending automatically from year to year. in the year, except express denunciation of the same in the form stipulated in the following article.

Article 4. Denunciation of the Agreement.

1. In accordance with Article 85.3.d of the Staff Regulations, the denunciation of this AMAP may be made in writing by any of the parties to the Staff Regulations, at least 30 days before the end of the or the completion of any of its extensions.

2. The complaint made in accordance with the preceding paragraph shall be transferred to each of the parties entitled to negotiate.

3. The party making the complaint shall accompany a specific proposal on the points and content of the requested review. Copies of this communication and the proposal will be sent to the Directorate-General for Work for the purpose of registration.

4. Within 30 days of the complaint being made, both parties undertake to initiate the negotiation of a new Framework Agreement. At the first meeting after the negotiating table, the negotiating proposals shall be drawn up by the parties and the timetable for meetings shall be fixed.

Article 5. Binding to the entire.

1. The present AMAP forms an organic whole and indivisible, so if by firm judgment of the competent jurisdiction, is declared null in substantial part some of its articles the Negotiating Commission in the maximum term of Three months from the firmness of the judgment, it will give solution to the question raised, negotiating and reaching a new agreement on the article or matter affected by the sentence.

2. However, the most beneficial conditions for workers to be recognised in a personal capacity by their companies upon entry into force of this Agreement shall be respected, which shall be absorbed by the latter. the conditions of the latter, considered overall and in annual computation, exceed the above.

CHAPTER II

Structure of collective bargaining

Article 6. Structure of collective bargaining of the sector.

Under the provisions of Article 83.2 of the Workers ' Statute, the signatory parties agree to establish the structure of collective bargaining in the sector which will be formed by: Sector of the Pizarra, the collective agreements of the Autonomous Community, the interprovincial and/or provincial agreements and the collective agreements of company.

Article 7. Exclusive competence matters reserved for the Framework Agreement of the shale sector.

1. These are matters of exclusive competence reserved to the present Framework Agreement of the Pizarra Sector, according to Article 84.4 of the Workers ' Statute, the following:

-Test Period.

-Hiring modes.

-Professional classification.

-Maximum annual work day.

-Disciplinary regime.

-Minimum standards for the prevention of occupational risks.

-Geographic mobility.

2. Likewise, the signatory parties agree to reserve for their negotiation in the present Framework Agreement of the Sector of the Pizarra, the following common matters:

-Functional scope.

-Structure of Sector negotiation.

-Concurrency rules.

-Vocational training and qualifications.

-Regulation of the joint organs for the prevention of occupational risks.

-Extra-judicial procedures for conflict resolution.

-Regulation of the Joint Committee of the State Convention

Article 8. General criteria on non-exclusive matters of the framework agreement of the shale sector.

These are matters of this Framework Agreement of the Pizarra Sector, although not reserved exclusively to it, the general criteria that are set out below:

a) Promotion at work.

b) Administration of collective bargaining.

c) Salary criteria.

d) Ordination of the day.

e) Equal opportunity and non-discrimination on the basis of gender.

f) Fostering indefinite hiring.

g) Annual holidays.

h) Permissions, licenses, and excess.

i) Functional mobility.

j) Measures to promote the reconciliation of work, family and personal life.

k) Trade union rights and information and consultation arrangements in industrial relations.

Article 9. Concurrency rules.

The clauses contained in the sectoral collective agreements of the Autonomous Community, in the inter-provincial and/or provincial conventions and in the collective agreements of undertakings governing the matters of exclusive competence State, as set out in Article 7 of this Framework Agreement, will have to be understood as non-agreed and therefore lack of effectiveness, not being of application in any case, with the exceptions that could be established in this Framework Agreement.

TITLE II

CHAPTER I

General Conditions of Income and Procurement

Article 10. Income to work.

1. The admission of staff shall be carried out in accordance with the general provisions in force on placement, as well as the special provisions according to the type of work or circumstances of the worker.

2. Undertakings are obliged to communicate to the public employment services, within 10 days of their consultation, the content of the contracts of employment which they conclude or the extensions of the contracts, whether or not they are to be formalised by in the terms of Royal Decree 1424/2002 of 27 December on the content of work contracts and their basic copies of public employment services, and the use of telematic means in relation to the use of the information provided by the Commission. those.

3. The company must also send or send to the services the basic copy of the contracts of employment, previously submitted to the workers ' representation, if any. In any case, a full copy of the contract will be given to the contract worker.

4. It is prohibited to employ workers under the age of 18 for the execution of works prohibited to minors in the Decree of 26 July 1957 (BOE of 26 August 1957).

Article 11. Test period.

1. A period of proof may be given in writing, which may in no case exceed six months for workers in Group A), Technicians, three months, for workers in Groups B) and C), Administrative and Auxiliary, not two months for (a) the workers of groups (D) and (E), Operaries. The employer and the worker are respectively obliged to carry out the experiments which constitute the object of the test. All this, without prejudice to the one-year trial period, established for the contract of indefinite work of support to the entrepreneurs, regulated in article 4 of the Royal Decree-Law 3/2012, of February 10, of urgent measures for the reform of the labour market.

2. During the probationary period, the worker shall have the rights and obligations corresponding to the job he or she carries out as a template, except those arising from the termination of the employment relationship, which may occur at the request of the worker. of either party during its course.

3. After the trial period without the withdrawal of the contract, the contract will have full effects, with the services provided by the worker in the company as working time.

Situations of temporary incapacity, maternity, and adoption or acceptance, which affect the worker during the probationary period, interrupt the computation of the worker whenever agreement is reached between the two parties.

Article 12. Modalities of procurement.

The income to the work may be carried out in accordance with any of the modalities of the hiring of the Workers ' Statute, supplementary provisions, in the present Framework Agreement and in the respective collective agreements.

Article 13. Contract for a given work or service.

Under the provisions of Article 15.1 (a) of the Staff Regulations, contracts may be concluded for the performance of a given work or service in all categories or professional groups. carry out the execution of the tasks entrusted to them, which have their own substantive activities within the normal activity carried out by the companies.

These contracts may not be longer than three years and may be extended for up to twelve months. After these deadlines, the workers will acquire the status of fixed employees of the company.

Regardless of what the various collective agreements establish are considered as specific tasks or tasks of the sector, and therefore with their own substance within the normal activity carried out by the companies, the provisions of Article 25 of this Agreement.

Article 14. Training contracts.

1. The remuneration of contract workers shall be 60 or 75 per 100 for, respectively, the first and second year of the term of the contract, of the salary fixed in each Convention for a worker who performs the same or equivalent position of work. This mode of hiring can only be performed for workers in the Technical, Administrative and Auxiliary groups.

2. The contract for training and learning may be concluded with workers aged 16 and over and under 25 years of age who do not have the required qualifications to formalise a contract in practice in the field of learning. The age limit will not apply when the contract is reached with a disabled worker.

Notwithstanding the foregoing, and in accordance with the provisions of the Royal Decree-Law No 3/2012 of 10 February 2012, of urgent measures for the reform of the labour market, until the unemployment rate in the Our country will be below 15% contracts for training and learning with workers under 30 years of age, without the maximum age limit set out in the previous paragraph being applicable.

The duration of the contract may not be less than six months or exceed three years. If the apprenticeship contract has been concluded for a period of less than two and a half years, the parties may agree to carry-over, not being the duration of the contract of less than six months or exceeding the total duration of the two-year contract and medium.

Situations of temporary incapacity, risk during pregnancy, maternity, adoption or reception, risk during breast-feeding and paternity will interrupt the computation of the duration of the contract.

The remuneration of the apprentice shall be 75, 80 and 85 per 100 of the salary set out in the agreements for a worker who performs the same or equivalent job, during, respectively, the first, second and third years of the contract.

Article 15. Contracts due to market circumstances, accumulation of tasks or excess orders.

Since the shale sector exports 85 per 100 of its production to practically all the countries of the world, the seasonal nature of the activity fluctuates throughout the year, since it is based on the countries of destination consumers of this product. Therefore, pursuant to Article 15 (1) (b) of the Staff Regulations, where the circumstances of the market, the accumulation of tasks or the excess of orders so require, even in the case of the normal activity of the undertakings, they may conclude fixed-term contracts. In such cases, contracts may have a maximum duration of 12 months, within a period of eighteen months, from the time of the occurrence of such causes.

Where the contract has been concluded for a duration of less than 12 months, it may be extended by agreement of the parties, for one time only, without the total duration of the contract exceeding that duration. maximum.

Article 16. Ceses.

The company that extinguishing the current contract of employment, whatever its nature, must prewarn the worker with, at least, 15 days in advance. Failure to comply with this obligation shall be paid to the worker, these days, together with his/her liquidation.

Likewise, workers who wish to cease voluntarily in the company's service will be obliged to inform the company in writing and comply with a notice period of 15 days. For failure to comply with this obligation, the undertaking may deduct from the worker's liquidation an amount equal to the amount of his daily wage for each day of delay in the notice.

Article 17. Compensation at the end of the contract.

Those hired temporarily in the scope of this Agreement, except in the cases of the contract of interinity and the training contracts, will be compensated with 10 days of salary for each year of service, for the contracts temporary contracts to be held from 1 January 2012, until 31 December 2013; with 11 days 'salary for each year of service, for temporary contracts to be concluded from 1 January 2014 and with 12 days' salary for each year of service, for temporary contracts to be concluded from 1 January 2015 or in part proportional to the time actually worked, unless the legislation applicable to a particular type of contract provides for higher compensation. In the case of renewal, it shall be accumulated and shall be charged with the liquidation which is carried out for the purpose, except in the case of the worker being offered the possibility of moving to a permanent establishment. No compensation shall be made either where the worker voluntarily does not accept the renewal or asks for a discharge.

Article 18. Temporary hiring companies.

Workers who provide their services in the extraction, processing, administration and auxiliary tasks or groups, which have been transferred by temporary contracting companies, will have the same rights in terms of working hours. work, holidays and economic benefits, which the workforce of the company would cease. This Article shall be valid as long as there is no substantial variation in the conditions of employment currently in force.

CHAPTER II

Address, control, obligations and labor rights

Article 19. Address.

The worker is required to perform the work agreed under the address of the employer or person in whom the employee is delegated.

Article 20. Control.

The employer may take the surveillance and control measures to verify compliance by the worker with his obligations, while respecting his or her employment rights at all times.

In any event not covered by this agreement as to the direction and control of the work activity, the provisions of Article 20 of the Workers ' Statute and other provisions applicable to it shall apply.

Article 21. Obligations of the worker.

1. The worker is obliged to comply with the orders and instructions of the employer in the regular exercise of his/her powers, and must carry out any work, operations or activities within the general task of his/her professional competence. Among them, the care and cleaning of the machines, tools and jobs that are in charge during the working day.

2. The provision of the work shall be determined by the provisions of the preceding paragraph and is normally limited to current work. However, temporarily and for the urgent need to prevent problems or to remedy accidents or damage suffered, the worker must extend his working day or make other than agreed, with an obligation on the part of the employer to indemnify you in accordance with applicable regulations.

3. The worker must immediately inform his or her direct heads of the obstacles to the performance of his/her work, as well as any faults or defects in the use of the tools, machines, tools or installations related to his/her work. task, which in turn must be maintained in a state of operation and use in terms of its dependence.

4. For the proper effectiveness of the workplace accident prevention policy workers are required to use the means of protection provided by the employer in compliance with the relevant regulatory regulations.

Article 22. Duties of the employer.

In relation to the provision of work, the employer is obliged to provide the workers with the necessary means to ensure the proper performance of their duties, as well as the necessary means of protection for the purposes of their work. safety and hygiene at work.

And generally to respect the labor rights of workers established in Article 4 of the Workers ' Statute.

Article 23. Rights.

It shall be construed as null and void as to the regulatory provisions, clauses of collective agreements, individual covenants and unilateral decisions of the employer which contain unfavourable discrimination on grounds of age or where they contain unfavourable or adverse discrimination in employment, as well as in the case of remuneration, working time and other conditions of employment due to circumstances of sex, origin, marital status, race, social status, religious or religious ideas policies, whether or not to join trade unions and their agreements, links with others company and language workers within the Spanish State.

Article 24. Inviolability of the worker's person.

Records may be made only on the person of the worker, in his lockers and particular effects, when they are necessary for the protection of the business and other employees of the company, within the working and working hours. In its implementation, the dignity and the privacy of the worker will be respected to the maximum and will be provided with the assistance of a legal representative of the workers or, in his absence from the job centre, of another worker of the company, provided that this is possible.

CHAPTER III

Professional classification

Article 25. Professional classification system.

1. The Professional Classification shall be carried out on the basis of the criteria laid down in Article 22 of the Staff Regulations for the existence of the Professional Group, which shall include the professional qualifications, qualifications and general content of the benefit, including in each group a variety of professional categories with different professional functions and specialties. Furthermore, given that it is intended to replace the classification systems based on professional category, they will be taken as one of the integration references in the professional groups.

2. Multipurpose pact. In accordance with Article 22.4 of the Treaty, by agreement between the worker and the employer, a professional group shall be assigned to the worker and shall be established as the content of the work contract which is the subject of the contract of employment. carrying out all the functions of the professional group assigned or only of one of them. When the functional polyvalence or the performance of functions of more than one group is agreed, the equalization shall be performed by virtue of the functions that are performed for the longest time.

3. The classification will be carried out in Functional Divisions and Professional Groups by interpretation and application of general objective criteria and by the most representative basic tasks and functions developed by the workers.

4. In the event of a participation in a job of basic tasks corresponding to different Professional Groups, the classification will be carried out according to the activities of the higher Professional Group. This classification criterion does not mean that additional tasks, which are essential for positions classified in lower professional groups, are excluded from the jobs of each Professional Group.

5. They are considered as tasks or tasks of the sector and equivalent categories, within the groups established for the purpose, in addition to those established in the other groups, who perform, inter alia the following functions:

To be used or exfoliated: activity consisting mainly of the exfoliation or opening of the slate blocks. The worker performing this task is called a labrador or exfoliator.

Cut sheets: activity that consists in cutting by scissors, machines or dies the sheets made by the labrador according to the commercial measures. The worker performing this task with scissors or dies is called a cutter.

Embalming: activity that consists primarily of packing and sorting the slate. The worker performing this task is called a baler.

Download carts: activity consisting mainly of unloading from the cut saws, the blocks once serrated. The worker performing this task is called a chariot loader.

Rajar: activity that consists fundamentally of cracking and adapting the slate blocks before and after the sawing chain. The worker who performs this activity is called a rajator.

Serrar: an activity that consists fundamentally in managing the saws that enable the transformation of the rachons into blocks. The worker who performs this activity is called a serrator.

Crane handling: activity consisting primarily of the handling of the crane for the movement of material inside the factories. The worker who performs this activity is called a gruist.

Explosives: Activity that consists primarily of handling a borehole in order to use explosives, the handling of explosives and their explosion. The worker who performs this activity is called a borer and/or gunner and must have the corresponding administrative authorization issued by the mining authority.

Handling of the Carretillas: activity consisting primarily of handling of trucks for the handling of slate pallets both inside and out of the stock, as well as for loading and unloading trucks. The worker who performs this activity is called a cart.

Cleaning: activity consisting mainly of maintenance and hygiene in relation to cleaning and disinfection of common offices and premises such as kitchens, bathrooms, changing rooms, etc., of ships and quarries of exploitation. The worker who performs this activity is called a cleaner.

Transport: activity that consists fundamentally in the management of the mechanical transport, both inside and outside the company. The worker who performs this activity is called a driver and must be provided with the corresponding meat.

Shovel handling: activity consisting mainly of the handling of mechanical blades for the movement of lands, stones and other material. The worker who performs this activity is called a palist.

6. In accordance with Article 22 of the Staff Regulations, workers providing services to undertakings falling within the scope of this Agreement are to be classified as:

A) Technicians: it is the staff with a high degree of qualification, experience and skills equivalent to those who can be acquired with higher and middle degrees, performing tasks of high skill and complexity.

B) Employees: is the staff who, by their knowledge and/or experience, perform administrative, commercial, organizational, computer, and general tasks, specific to office positions, that allow to report the management, economic-accounting activity, coordinating productive tasks, or carrying out ancillary tasks that bring attention to people.

C), D) and E) Operaries: it is the staff who for their knowledge and experience perform repair, maintenance and innovation tasks in the machinery, tools, tools and facilities used in the extraction and processing of the slate; they carry out operations related to the production, either directly, acting in the production process, or in maintenance, transport or other auxiliary operations, and may, in turn, carry out supervision functions or coordination.

7. Taking into account the above functional classification, the following professional groups are established:

Professional Group 1:

Workers belonging to this group have direct responsibility for the management or operation of one or more functional areas of the company, or perform technical tasks of the highest complexity and qualification. They take decisions or are involved in their preparation, as well as in the definition of specific objectives. They perform their duties with a high degree of autonomy, initiative and responsibility. Workers with higher or middle grade university degrees are included in it.

Comprises guidance, the following categories:

Licensed.

Senior engineers and technical engineers.

Area and Service Directors.

Social graduates.

Surveyors.

Outlines.

Tasks: In this professional group, all those activities that are similar to the following are included as enunciative:

1. Supervision and technical direction of a process or section of operation or manufacture, or of a group of services or of all the same.

2. Coordination, monitoring, sorting, and/or management of heterogeneous jobs or the set of activities within an area, service, or department.

3. Tasks of management of the operation or manufacture, commercial management, human resources, etc.

4. Planning, advising, and monitoring functions for an area, service, department, or operation.

5. Delineation jobs of greater or less complexity.

6. Surveying work is already related to the work plans or to any activity related to the company.

Professional Group 2:

They are workers who perform autonomic execution jobs that usually demand initiative and reasoning from them, behaving under supervision, the responsibility of them.

The following categories comprise the following categories:

Administrative technicians.

Administrative officers of 1 and 2.

Administrative auxiliaries.

Tasks: In this professional group, all those activities are included as enunciative title, which, by analogy, are similar to the following:

1. Drafting of commercial correspondence, receipt processing of orders and proposals for defence.

2. Tasks that consist of establishing, based on accounting documents, a portion of the accounting.

3. Translation tasks, correspondence, taquimecanography and attention to personal communications with sufficient domain of a foreign language and high confidentiality.

4. Exercising direct command to the front of a set of operators that receive production, classify, store and issue, carrying out the control of the materials, as well as the use of the vehicles-vehicles at its disposal.

5. Administrative tasks developed using IT applications.

6. Elementary tasks of calculation of salaries, valuation of costs, functions of collection and payment, etc., depending on and directly executing the orders of a higher command.

7. File, record, calculation, billing, or similar tasks that require some degree of initiative.

8. Typing tasks, with good work presentation, correct spelling and proper speed that can be implied by the writing of correspondence according to specific format and instructions, being able to use computer packages such as word processors or the like.

Professional Group 3:

They are workers who perform autonomic execution jobs that usually require initiative and reasoning generally under the supervision of a technician or directly from the employer.

The following categories comprise the following categories:

Managers.

Mechanics.

Electricians.

Welders.

Plumbers.

Albanese.

Trades auxiliaries.

Tasks: In this professional group, all those activities that are similar to the following are included as enunciative:

1. Control and monitoring of production, according to the instructions received for this purpose.

2. Management of the activities of the production process in the field of personnel.

3. Innovations and mechanical repairs on aspects related to the sector.

4. Electrical installation, repair and maintenance work.

5. Work on complementary or sector-related activities such as masonry, plumbing, etc.

Professional groups 4 and 5: Comprises tasks that are executed with a high degree of dependency, clearly established, with specific instructions. They may require the possession of some administrative authorization, as well as preferably physical effort, with little training very elementary knowledge and may occasionally need a period of adaptation.

Group 4:

The following categories comprise the following categories:

Managers.

Driver.

Analyst.

Barrenist/Artillery.

Group 5:

The following categories comprise the following categories:

Managers.

Gruist

Serrer.

Labrador.

Cutter.

Baler.

Cart loader.

Rajador.

Ship Perist.

Cart.

Cleaning staff.

Your functions are as described in section 6 of this article.

CHAPTER IV

Promotion at Work

Article 26. Promotions.

The promotions within the professional classification system will be produced according to the following regime: The rise of the workers to tasks or jobs that involve command or special trust, will be free Designation by the company.

Promotions and professional promotion in the company will be in accordance with criteria and systems that aim to guarantee the absence of direct or indirect discrimination between women and men. positive action aimed at eliminating or compensating for situations of discrimination.

Article 27. Economic promotion.

The worker may be entitled to an economic promotion on the terms set out in his individual contract and/or Collective Agreement.

TITLE III

Economic Perceptions: Concept and Structure

Article 28. Remuneration system.

1. The remuneration of the staff covered by this agreement shall be paid in respect of wages and salaries.

2. Wage economic perceptions:

(a) Base salary is that part of the remuneration that is fixed solely on the basis of the unit of time with the normal and enforceable performance.

(b) Wage supplements or amounts which, where appropriate, are to be added to the basic salary, taking into account the following circumstances other than the unit of time:

-Personal, as consolidated age.

-Job position.

-Quality or quantity of work, such as premiums, incentives, weaning, activity or assistance, or overtime.

In salary plusses are considered to include all allowances that are agreed in the collective agreements that constitute direct consideration of the work.

-The amounts that companies pay their workers freely and voluntarily.

-Extraordinary pay and holiday pay.

3. Extranalarial economic perceptions:

(a) Social security benefits and allowances and their allowances.

(b) Compensation or compensation for expenditure incurred by the worker as a result of his or her work, such as tools and work clothes, as well as the amounts paid in respect of allowances, travel expenses or locomotion, distance and transport links.

4. Those wage supplements which have a functional or circumstantial character, such as those of a job, the quality or quantity of work carried out, and the amounts which the undertakings paid freely and voluntarily, shall be deemed not to be (b) the worker's salary can be consolidated and not taken into account as a basis for the perceptions listed in paragraph 2 of this Article.

Article 29. Accrual of salary.

The base salary shall be earned during all calendar days for the amounts that are established by each category or group for each category or group.

Contract wage contracts shall be payable during the days actually worked, for the amounts which, for each category or professional group, set out the respective conventions.

Extrasalarial plusses of the Convention shall be established during the days of work attendance for the amounts which, for each category or professional group, shall set the respective conventions.

Extraordinary pages will be accrued according to the time effectively worked during the following periods:

a) July Paga: January 1 to June 30.

b) Christmas Paga: 1 July to 31 December.

c) Benefits Pay: 1 January to 31 December.

Article 30. Salary payment.

1. The settlement and payment of the salary shall be made on a timely and complete basis on the agreed date and place, or as set out in the collective agreements. The period of time referred to in the payment of regular and regular remuneration may not exceed one month.

2. Companies are entitled to pay back pay by cheque, bank transfer or any other legally admitted payment method.

Article 31. Absorption and compensation.

1. The quantified economic perceptions set out in the respective conventions shall be of a minimum in their scope.

2. Upon the entry into force of a new applicable convention or legal provision, the undertakings concerned may absorb and compensate for the increases or improvements they contain, where the economic perceptions actually paid to the workers, whatever their origin, they are higher in their set and annual computation.

3. Absorption and compensation may be carried out only by comparing concepts of a salary nature or of an extrasalarial nature and an annual calculation.

Article 32. Extraordinary rewards.

The worker will be entitled to the following extraordinary bonuses per year:

(a) Extraordinary grade of July, for a period of thirty days, which shall be paid within the second half of that month and shall be payable on the basis of the time actually worked during the first half of the year.

b) Extraordinary Christmas grade, for a period of thirty days, which shall be paid before the 22nd of December and shall be due on the basis of the time actually worked during the second half of the year.

(c) Extraordinary profit-taking, for a period of 30 days, which shall be paid in the second half of March and shall be payable on the basis of the time actually worked during the calendar year immediately prior to their perception.

The pages referred to in paragraphs (a), (b) and (c) shall be deemed to be due on the basis of the basic salary in force at the time of the accrual, plus the corresponding seniority.

Article 33. Remuneration of overtime.

The economic compensation of overtime will be negotiated between workers ' representatives and the company.

Article 34. Proportionality in the accrual of the extraordinary payments.

The amount of extraordinary payments for staff who, by reason of their permanence, are not entitled to the entire amount, will be prorated according to the time effectively worked and the same rule will govern for the staff who provide their services on a reduced or part-time basis.

Article 35. Procedure for the implementation of the working conditions laid down in Article 82.3 of the Staff Regulations.

When economic, technical, organizational or production causes are present, by agreement between the company and the representatives of the workers entitled to negotiate a collective agreement as provided for in the article 87.1 of the Staff Regulations, it may be carried out, after a period of consultation has been carried out in accordance with Article 41.4 of the Staff Regulations, to apply the working conditions laid down in the Convention to the undertaking. applicable collective, be it sector or enterprise, affecting the following subjects:

a) Workday.

b) Schedule and the distribution of the working time.

c) Shift work regime.

d) Pay and salary system.

e) The work and performance system.

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

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

It is understood that economic causes are present when the results of the company result in a negative economic situation, in cases such as the existence of current or anticipated losses, or the persistent decrease in their level of revenue or sales. In any case, the decrease is understood to be persistent if it occurs for two consecutive quarters.

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

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

When the period of consultations is concluded by agreement, the supporting causes shall be presumed to be present, and may only be challenged before the social jurisdiction for the existence of fraud, intent, coercion or abuse of rights in its conclusion. The agreement shall determine exactly the new working conditions applicable to the undertaking and its duration, which may not be further developed beyond the time when a new agreement is applicable in that undertaking. The agreement must also be notified to the joint committee of the collective agreement and the labour authority.

In case of disagreement during the period of consultation either party may submit the discrepancy to the Joint Committee of the Convention which will have a maximum of seven days to decide, to be counted since the Discrepancy was raised. Where an agreement is not reached, the use of the binding arbitration procedure laid down in the Fifth Agreement on the Autonomous Settlement of Labour Conflicts (out-of-court system), published in the BOE No 46 of 23 February, will be mandatory. In 2012, when the implementation of working conditions affects the workplace of the enterprise located in the territory of more than one autonomous community, or in the corresponding agreement on the autonomous solution of labour disputes (system (a) the State of the State of the State in which the decision is taken; it shall be of the same effectiveness as the consultations in the period of consultations and shall be subject to recourse only in accordance with the procedure and on the basis of the grounds laid down in Article 91 of the Staff Regulations.

TITLE IV

CHAPTER I

Working Time

Article 36. Maximum annual working day.

1. The annual ordinary day shall be the maximum legally established.

2. The maximum duration of the regular weekly working day shall be 40 hours of effective working time, both on a daily basis and on a continuous basis. Its distribution will be eight hours a day, from Monday to Friday, except maintenance and works in the quarry, that is, not production, which can be developed from Monday to Saturday. In any event, the number of ordinary hours of work shall not exceed ten days, and shall be between the end of one day and the beginning of the following legal time.

3. By collective agreement or, failing that, by agreement between the company and the employees ' representatives, the irregular distribution of the day may be established during the year. In the absence of a pact, the company will be able to distribute 10 percent of the working day in an irregular manner throughout the year.

4. Provided that the duration of the continuous daily journey exceeds six hours, a rest period shall be established for the duration of the day not less than 15 minutes.

In the case of workers under the age of 18, the rest period shall be at least thirty minutes and shall be established provided that the continuous daily working day exceeds four and a half hours.

5. The working time will be computed in such a way that both at the beginning and at the end of the day the worker is in his job.

Article 37. Prolongation of the day.

The work of the operators with maintenance and repair functions of facilities or machinery, necessary for the resumption or continuity of the production process, as well as the personnel who put in place or close the work of the other may be extended for the period necessary, without the excess over the ordinary day being counted as overtime, and shall be paid at least in proportion to the value of the extraordinary hour of work, unless it is compensated by equivalent times of repaid rest.

Article 38. Overtime.

They will have to consider overtime those hours of work that are performed on the maximum duration of the ordinary working day.

Article 39. Night and shift work.

1. Night work will be considered the one performed between ten o'clock in the evening and six in the morning. The employer who regularly makes use of night work must inform the working authority of this.

The working day of night workers may not exceed eight hours a day on average, in a reference period of 15 days. Such workers shall not be able to perform overtime.

For the purposes of the above paragraph, a night worker shall be deemed to be a night worker who normally performs at night a part of not less than three hours of his daily working day, as well as that which it is foreseen that it can carry out in such a period not less than one third of its annual working day.

Night work will be paid with a plus of 25 per 100 of the base salary set for the various categories or professional groups in the respective collective agreements.

2. In turn, every form of organization of the work in a team according to which the workers successively occupy the same jobs, according to a certain rhythm, continuous or discontinuous, involving for the worker the necessity to provide their services at different times within a specified period of days or weeks.

3. Night workers and those working in shifts must at all times enjoy a level of health and safety protection adapted to the nature of their work, including protective and preventive services, appropriate and equivalent to those of the remaining employees of the company.

The employer must ensure that the night workers in charge have a free assessment of their health, prior to their involvement in night work and subsequently at regular intervals, in terms of set out in the specific legislation in this field. Night workers who are recognised as having health problems linked to the fact of their night work shall have the right to be assigned to a day job which exists within the undertaking and for which they are professionally fit. The change of job shall be carried out in accordance with the provisions of Articles 39 and 41, where applicable, of the Staff Regulations.

Article 40. Limits to the realization of overtime.

The number of overtime that each worker performs may not exceed eighty per year, except as provided in the following article.

Article 41. Structural overtime hours.

Not to be taken into account, for the purposes of the maximum duration of the ordinary working day, nor for the calculation of the maximum number of extraordinary hours authorized to prevent or repair claims and other damages extraordinary and urgent, without prejudice to their compensation as overtime.

Article 42. Performing overtime.

The provision of work in overtime, within the legally established limits, will be voluntary.

Article 43. Recovery of hours not worked.

Hours not worked by interruption of the activity due to causes of force majeure, atmospheric accidents, inclement weather, lack of supplies or any other cause not attributable to the company, will be recovered to reason of a daily time within the following working days, after communication to the workers concerned and, where appropriate, their legal representatives in the workplace.

In the event that the said interruption reaches a period of more than twenty-four working hours, the procedure provided for in Article 51.7 of the Workers ' Statute shall apply.

Article 44. Licenses and permissions.

1. The worker may be absent from work, with the right to the perception of all the remuneration concepts which are not expressly linked to the effective delivery of the work, the previous warning and subsequent justification. for any of the reasons and for the following time:

a) Fifteen calendar days in case of marriage.

b) Two days for the birth of a child and for the death, accident or serious illness, hospitalization or surgical intervention without hospitalization requiring home rest, from relatives to the second degree of consanguinity or affinity. When the worker needs to make a move to the effect, the time limit will be four days.

c) One day per move of the usual address.

d) For the time indispensable, for the fulfilment of an inexcusable duty of a public and personal nature, understood as the exercise of active suffrage. Where it is established in a legal or conventional rule for a given period, it shall be available for the duration of the absence and its economic compensation.

When the performance of the duty referred to above involves the impossibility of the provision of the work due to more than 20 per 100 working hours over a period of three months, the company may pass the affected worker to the the situation of surplus regulated in the rules laid down in Article 46 (1) of the Staff Regulations.

In the event that the worker, by virtue of the duty or the performance of the charge, receives compensation, the amount of the same salary shall be deducted from the salary to which he was entitled in the company.

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

f) For the time indispensable for the conduct of prenatal tests and preparation techniques to be performed within the working day.

2. In the case of child birth, adoption or acceptance in accordance with Article 45.1 (d) of the Staff Regulations, for the breastfeeding of the child until the child is nine months of age, workers shall be entitled to an hour of absence from the work, which may be divided into two fractions. The duration of the permit shall be increased proportionally in the cases of birth, adoption or multiple acceptance.

Who exercises this right, by its will, may replace it with a reduction of its working day in half an hour for the same purpose or accumulate in full days in the terms foreseen in the collective bargaining or in the agreement to arrive with the employer while respecting, where appropriate, what is established in that case.

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

3. In the case of births of premature infants or who, for any reason, must remain hospitalized after delivery, the mother or father shall be entitled to leave the work for an hour. They will also have the right to reduce their working hours to a maximum of two hours, with a proportional reduction in salary. For the enjoyment of this permit, the provisions of Article 37 (6) of the Staff Regulations shall be as provided for.

4. Those who, for reasons of legal guardian, have a direct care of a child of less than eight years or a person with physical, mental or sensory disabilities, who do not carry out a paid activity, shall be entitled to a reduction in the working day, with the proportional reduction of the salary between at least one eighth and a maximum of half the duration of that.

It will have the same right to care for the direct care of a family member, until the second degree of consanguinity or affinity, that for reasons of age, accident or illness cannot be used by himself, and that he does not perform paid activity.

The parent, adopter or welcoming of a preadoptive or permanent character, will be entitled to a reduction of the working day, with the proportional reduction of the salary of at least half the duration of the work, for the care, during hospitalization and continued treatment, of the child's child affected by cancer (malignant tumors, melanomas, and carcinomas), or any other serious illness, involving long-term hospital admission and requiring need for their direct, continuous and permanent care, accredited by the Service report Public Health or administrative body of the Autonomous Community concerned and, at most, until the child is 18 years old. By collective agreement, the conditions and assumptions in which this reduction of the day can be accumulated in full days may be established.

The reductions in working hours referred to in this paragraph constitute an individual right of workers, men or women. However, if two or more employees of the same undertaking generate this right by the same deceased person, the employer may limit his or her simultaneous exercise for justified reasons of operation of the undertaking.

5. The time-frame and the determination of the period of enjoyment of the breastfeeding permit and the reduction in working time, as provided for in paragraphs 2 and 4 of this Article, shall be the responsibility of the worker within his/her ordinary day. Collective agreements may, however, lay down criteria for the time-frame of the reduction of working hours, in the light of the rights of reconciliation of the worker's personal, family and working life and of the productive and organizational structure of enterprises. The worker, except in force majeure, shall be required to provide the employer with a period of time of 15 days or to determine in the applicable collective agreement, specifying the date on which he or she shall initiate and terminate the breastfeeding permit or the reduction of the day.

Article 45. Holidays.

1. The annual paid leave period, which is not eligible for economic compensation, shall be 30 calendar days. Their remuneration shall be fixed in the respective collective agreements.

2. The period or periods of their enjoyment shall be fixed by common agreement between the employer and the worker, in accordance with the provisions laid down in the collective agreements on annual holiday planning.

In the first year of service provision in the company, only the proportional share of the time actually worked during that year shall be entitled to the benefit of the proportional share.

3. The right to vacation is not susceptible to economic compensation. However, the staff who cease during the course of the year shall be entitled to the payment of the salary corresponding to the part of the holiday accrued and not enjoyed as an integral part of the liquidation due to their absence from the undertaking.

Article 46. Local parties.

Without prejudice to the competences of the Councils, they will be established by common agreement between the company and the workers ' representatives. If there is no agreement, they shall be understood as such, the place where the centre of work is located.

Article 47. Correction of absenteeism.

The parties to this agreement recognize the serious problem that the absenteeism and the bankruptcy of the economy produces in the economy when certain levels are exceeded, given their negative influence. in productivity.

TITLE V

Functional and geographic mobility

Article 48. Functional mobility.

1. Functional mobility within the undertaking shall have no more limitations than those required by membership of the professional group and shall be carried out in accordance with the academic or professional qualifications required for the performance of the work and with respect to the dignity of the worker.

2. Functional mobility for the performance of functions, both higher and lower, not corresponding to the professional group will only be possible if there are also technical or organizational reasons to justify it and for the necessary time for your attention. The employer must communicate his/her decision and the reasons for it to the employees ' representatives.

In the case of entrustment of functions superior to those of the professional group for a period exceeding six months for a year or eight for two years, the worker may claim the promotion, or, in any case, the coverage of the vacancy corresponding to the functions carried out in accordance with the rules on promotions applicable in the company, without prejudice to the corresponding salary difference. These actions will be cumulative. Against the refusal of the undertaking, and subject to the report of the committee or, where appropriate, of the staff delegates, the worker may claim before the social jurisdiction.

3. The worker shall be entitled to the remuneration corresponding to the duties which he or she actually carries out, except in the case of a charge of lower duties, in which he shall maintain the remuneration of origin. It shall not be possible to invoke the causes of dismissal for the objective of excessive ineptitude or lack of adaptation in the case of performance of functions other than usual as a result of functional mobility.

4. The change of functions other than the agreed ones not included in the assumptions provided for in this article will require the agreement of the parties or, failing that, the submission to the rules foreseen for the substantial modifications of the conditions of the job.

Article 49. Geographical mobility.

1. The transfer of workers who have not been recruited specifically to provide their services in companies with mobile or mobile work centres to a work centre other than the same undertaking requiring changes of residence will require the the existence of economic, technical, organisational or production reasons which justify it. These shall be considered to be such as to be related to the competitiveness, productivity or technical organisation or work in the enterprise, as well as the hiring of the business.

The transfer decision must be notified by the employer to the worker, as well as to his legal representatives, at least thirty days before the date of their effectiveness.

Notified the transfer decision, the worker will have the right to choose between the shipment, perceiving compensation for expenses, or the extinction of his contract, perceiving a compensation of 20 days of salary per year of service, prorating for months the periods of time less than one year and with a maximum of twelve monthly payments. The compensation referred to in the first case shall include both the own costs and the costs of the family members, in the terms agreed between the parties, which shall never be less than the minimum limits laid down in the conventions. collectives.

Without prejudice to the enforceability of the transfer within the aforementioned period of incorporation, the worker who has not opted for the termination of his contract will be displeased with the business decision, may challenge it before the competent jurisdiction. The judgment shall declare the transfer justified or unjustified and, in the latter case, shall recognise the right of the worker to be reinstated to the home working centre.

When, in order to circumvent the forecasts contained in the following paragraph of this Article, the company carries out transfers in successive periods of ninety days in number below the thresholds indicated therein, without new causes justifying such action, such new transfers shall be deemed to have been made in law fraud and shall be declared null and void.

2. The transfer referred to in the preceding paragraph shall be preceded by a period of consultation with the legal representatives of workers of a duration not exceeding 15 days, when the whole of the work centre is affected, provided that (a) in the case of a worker, or where, without affecting the whole of the work centre, in a period of 90 days he or she understands a number of workers, at least:

a) Ten workers, in companies with fewer than 100 employees.

b) 10 percent of the number of workers in the company in those who occupy between one hundred and three hundred workers.

c) Thirty workers in companies that occupy more than three hundred workers.

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

This consultation period should address the reasons behind the business decision and the possibility of avoiding or reducing its effects, as well as on the measures needed to mitigate its consequences for the affected workers.

The opening of the consultation period and the positions of the parties following their conclusion shall be notified to the working authority for their knowledge.

During the consultation period, the parties must negotiate in good faith, with a view to reaching an agreement.

This agreement shall require the agreement of the majority of the members of the business committee or committees, of the staff delegates, if any, or of trade union representatives, if any, which, as a whole, represent the majority of those.

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

After the end of the consultation period, the employer shall notify the workers of his decision on the transfer, which shall be governed by all the provisions of paragraph 1 of this Article.

Against the decisions referred to in this paragraph, it may be claimed in collective conflict, without prejudice to the individual action provided for in paragraph 1 of this Article. The interposition of the conflict will paralyse the processing of the individual actions initiated, until their resolution.

The agreement with the legal representatives of the workers in the period of consultation shall be without prejudice to the right of the workers concerned to the exercise of the option provided for in the third subparagraph of paragraph 1 of this Article. this article.

The employer and the legal representation of workers may at any time agree to replace the period of consultation referred to in this paragraph by the application of the mediation or arbitration procedure. (a) a binding regulation on the autonomous solution of labour disputes (out-of-court system), published in BOE No 46 of 23 February 2012, when the decision on the transfer affects the work centres of the undertaking located in the territory of more than one Autonomous Community, or in the corresponding Agreement on an autonomous solution of labour disputes (extra-judicial system), of the autonomous communities in other cases, in which case the arbitral award will have the same effectiveness as the agreements in the period of consultations and will 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. If by transfer one of the spouses changes residence, the other one, if he is a worker of the same company, will be entitled to the transfer to the same locality, if he has put in work.

4. The worker who is the victim of gender violence who is forced to leave the job in the locality where she was providing her services, to make her protection effective or her right to comprehensive social assistance, will be entitled (a) to occupy another job, of the same professional group or equivalent category, which the undertaking has vacant in any other of its workplaces.

In such cases, the company will be obliged to communicate to the worker the vacancies existing at the time or those that could be produced in the future.

The transfer or change of work centre will have an initial duration of six months, during which the company will have an obligation to reserve the job previously occupied by the worker.

Finished this period, the worker will be able to choose between the return to her previous job or the continuity in the new one. In the latter case, the said reserve obligation shall lapse.

5. For economic, technical, organizational or production reasons, or for contracts relating to business, the undertaking may make temporary displacements of its employees who require that they reside in a different population. from that of your usual address, paying, in addition to wages, travel expenses and allowances.

The worker must be informed of the posting in good time to the date of his/her effectiveness, which may not be less than five working days in the case of travel longer than three months; The worker shall be entitled to a leave of four working days at his home of origin for every three months of posting, without counting as such travel, the costs of which shall be borne by the employer.

Against the order of movement, without prejudice to its enforceability, the worker may have recourse to the same terms as provided for in paragraph 1 of this article for transfers.

Displacements for a period of three years in excess of 12 months shall, for all purposes, have the treatment provided for in the Workers ' Statute for transfers.

6. The legal representatives of workers shall have priority to remain in the positions referred to in this Article.

TITLE VI

Disciplinary regime

Article 50. Fouls and penalties.

Regardless of what is established in the legislation in force in this respect, workers may be punished by the company's management in accordance with the graduation of faults and penalties established in the articles. next.

Article 51. Graduation from fouls.

The faults committed by the workers will be classified, taking into account their importance and transcendence in light, serious and very serious.

Article 52. Minor fouls.

The following are considered minor faults:

a) One to three faults of punctuality, without reason, justified, in the period of one month.

b) Do not notify twenty-four hours in advance of any lack of assistance to work for justified reasons unless it is proved impossible to do so.

c) Abandonment of service without justified cause, even for a short period of time. If, as a result of this, any damage to the company is caused or caused by accident to the workers, the fault may be considered to be serious or very serious, depending on the case.

d) Small neglects in the preservation of the material.

e) High grooming or personal cleansing, as long as it can affect co-living with coworkers.

(f) The lack of due care and diligence in the development of the job entrusted, as long as it does not cause injury to the company or to his or her colleagues, in which case it may be considered as serious or very severe.

g) Not to attend to the public with due diligence and correction, when performing personal attention or communications tasks.

h) Do not communicate to the company changes of residence or domicile or those experienced in the family that may affect Social Security and that have tax or family benefits.

i) Discussions on foreign affairs to work during the working day. If such discussions lead to serious scandals or riots, they may be considered as serious misconduct.

j) False to work one day per month without justified cause.

k) The lack of respect, of little consideration, to his companions, and even, to people who have any connection with the company, provided that this occurs with occasion or reason of the work and within the center of work.

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

m) Distract regularly and/or repeatedly colleagues during working time and prolong short and justified absences for longer than necessary.

n) Use telephone, telematic, computer, mechanical or electronic means of the company, for particular matters, without the proper authorization, provided it does not cause injury to the company or its companions of work, in which case it may be considered to be serious or very serious.

Article 53. Serious fouls.

(a) More than three unjustifiable faults of punctuality in assistance to work committed in the thirty-day period.

b) A two-day absence from work for a period of sixty days, without reason to justify it. A single fault shall be sufficient when it is necessary to relieve a partner or when, as a result of the same, it is caused to the detriment of any consideration to the undertaking.

(c) Falsifying data concerning the family which may affect social security and which have tax or family benefits.

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

e) Simulate the presence of another worker, signing or signing for him.

f) Negligence, neglect or inexcusable imprudence at work that affects the good march of the same or can be cause of accident.

g) The recklessness at work. If there is a risk of accident for the worker, his colleagues, or danger of damage to the premises or property of the undertaking, it may be considered to be very serious. In any event, the non-use of the compulsory clothing and safety equipment must be imprudent at work, and must be in perfect state of conservation, have been exposed by the employer or at the disposal of the workers.

h) Any attempt against the sexual freedom of the workers, which manifests in verbal or physical offenses, disrespect for the privacy and/or dignity of the person.

i) Do not immediately warn your bosses, the employer or the representative of any anomaly, breakdown or accident that you notice in the premises, machinery or premises.

j) Serious negligence in the preservation or cleaning of tools and machines that the worker has in his or her capacity.

k) Unjustified and voluntary decrease in work performance.

l) Deliver to games or entertainment repeatedly during the working day and thereby causing injury to work development.

m) The recidivism in any slight lack, within the same semester, when there has been a written sanction of the company.

Article 54. Very serious fouls.

The following are considered to be very serious:

(a) More than ten non-justified faults of punctuality committed within a period of six months or twenty for one year.

b) False to work three consecutive days or five alternate days without cause or reason to justify it in the two-month period.

c) Fraud, disloyalty or breach of trust in the management and theft or theft, both to your co-workers and to the company or any other person within the company's premises or at work anywhere else.

d) The simulation of disease or accident. It shall always be understood that there is a lack of work of any kind, even of benevolence or friendship, when a worker who is in a low situation for such reasons. Any manipulation made to prolong the discharge by accident or disease shall also be included in this paragraph.

e) The drunkenness and the state derived from the use of drugs during the work, provided that it involves some alteration of their physical or mental faculties or poses a serious danger to their health or that of their companions.

f) Violate the secret of correspondence or reserved documents of the company, as well as provide reserved information of the company or of the persons of the company, without the proper authorization for it. Carrying out activities involving unfair competition to the company.

g) The ill-treatment of words or deeds or serious misconduct of respect and consideration to their superiors, fellow subordinates; as well as the abuse of authority by the ostentatious. An abuse of authority shall be deemed to be an abuse of authority whenever a manager, head or intermediate officer commits an arbitrary act with a manifest and deliberate infringement of a legal precept and with serious prejudice to the worker.

(h) The attacks against the sexual freedom of workers who occur in a position of labour superiority.

i) The voluntary and repeated or continued decline in the normal performance of the job.

(j) Make it disappear, disable, destroy or cause damage to any material, tools, machines, installations, buildings, appliances, appliances, documents, books or vehicles of the company or the workplace.

k) Continuous or persistent disobedience.

(l) Abandonment of post or work without justification, especially in command or responsibility posts that are part of a productive process and may become a cause of accident for the worker, his or her colleagues. third parties.

m) Failure to comply with or failure to comply with the rules on the prevention of occupational risks, which involve serious risk or harm to the worker, his colleagues or third persons, or serious damage to the undertaking.

n) The recidivism in serious misconduct, even if it is of a different nature, within the following six months, provided that it has been the subject of a written sanction.

Article 55. Sanctions regime.

It is up to the company to impose sanctions in the terms of the provisions of this Convention.

The penalty of serious and very serious misconduct will require written communication to the worker, stating the date and facts that motivated it.

The company will inform the representatives of the employees of the sanctions that for serious and very serious faults are imposed.

Article 56. Penalties.

The penalties that may be imposed on those who incur the faults will be as follows:

a) For minor faults:

Verbal admonition.

Admonishment in writing.

b) For severe faults:

Admonishment in writing.

Suspension of employment and salary from one to fifteen days.

c) For very serious faults:

Suspension of employment and salary from sixteen to sixty days.

Firing.

Article 57. Prescription.

Faults will be prescribed in the following terms:

Minor Faults: Ten Days.

Severe Faults: Twenty days.

Fatal faults: Sixty days.

The time limits set out above will start from the date on which the company became aware of its commission and, in any event, within six months of its being committed.

The penalty imposed shall, in any case, be prescribed for six months after the final penalty has been imposed.

TITLE VII

Interpretation, implementation and development of the Framework Agreement

Article 58. Joint committee.

The signatory parties agree to establish a Joint Commission as a body for the interpretation, application and development of this AMAP and for any questions raised by law or by agreement. subsequent to the application.

Article 59. Composition.

The Joint Committee shall be composed of six representatives of the workers, appointed by the trade union organisations which have signed this Agreement and six representatives of the employers, appointed by the business organizations that are signatories to this AMAP.

The Joint Commission will be able to use the services, up to a maximum of two advisors for each representation, which will be freely designated for each of the organizations. Advisers shall be entitled to a voice, but not to vote.

Members of the Joint Commission may designate one of them, one who will do the duties of secretary.

Article 60. Procedure.

The matters submitted to the Joint Committee shall be of a kind or extraordinary nature. They shall award such qualification to any of the trade union and business organisations that have signed the AMAP, which has received the request for intervention, and that qualification for the other parties is binding and unappealable.

In the first case, the Joint Commission will have to resolve within the maximum period of 15 days, and in the second, within the maximum period of six days, in both of the following natural cases, from the date on which the request for a intervention was received.

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

When any of the parties to the Joint Commission receives an application for intervention, it shall transmit it to the other parts thereof, by fax or e-mail, so that each of the parties may obtain the information which considers necessary, giving each case the character of ordinary or extraordinary the term effects of the resolution of the case.

The resolution of the Joint Commission, which will be motivated, will be carried out in all cases on the basis of what is proposed by the consulting party, taking also into account the complementary documentation received and the evaluations themselves. the Joint Committee, to do so. For the relevant purposes, all this documentation shall be filed by the Joint Committee and shall be an integral part of the Joint Committee's own resolution. The Joint Commission shall notify the parties concerned by each consultation of the Resolution adopted on the same day or at the latest by fax or e-mail.

The agreements of the Joint Commission for the Interpretation of the Framework Agreement shall have the same value as the text of the Framework Agreement in accordance with Article 91 (4) of the Staff Regulations. In any case, those affected by the resolution may appeal to the competent jurisdiction in defence of their interests.

Article 61. Functions.

The following are specific functions of the Joint Commission:

1. Those concerning the interpretation and application of this Framework Agreement.

2. To mediate or to adjudicate on the treatment and solution of any collective issues and conflicts that may arise in its field of application. Such intervention shall take account of the procedures laid down for this Agreement.

3. Monitoring the collective compliance of the agreed upon.

4. Development of adaptation functions or, where appropriate, modification of the Framework Agreement during its lifetime.

5. To understand in terms of consultation and/or mediation, prior and obligatory to the administrative and judicial way on the interposition of the Collective Conflicts that arise in the companies affected by this AMAP by the application or interpretation derived from it.

6. To mediate in the conflicts that may arise in case of concurrency, in some matter, between the lower-scope conventions and the present AMAP.

7. Any discrepancies which may arise within the Joint Commission in respect of any of the powers referred to above shall be submitted by the parties to the binding arbitration procedure laid down in the Settlement Agreement. Labor Conflict Extra-Judicial (ASEC) in force at any time.

8. Elaboration of the Register of Mediators and Referees in the extrajudicial procedures for the solution of collective conflicts in the Sector of the Pizarra.

TITLE VIII

Equal opportunities and non-discrimination on the basis of gender

Article 62. Principles of equal treatment, opportunities and non-discrimination.

Women and men are equal in dignity, as well as in rights and duties. The principle of equal treatment between women and men implies the absence of any discrimination, whether direct or indirect, by reason of sex, and, in particular, those arising from maternity, the taking of family obligations and the marital status.

The parties to this AMAP pledge to ensure non-discrimination on the basis of sex, race, age, origin, nationality, ethnic affiliation, sexual orientation, disability or disease, and, on the contrary, ensure that that the application of the labour standards does not in any way incur any infringement that could call into question the strict compliance with the constitutional requirements.

Article 63. Equality plans.

According to the provisions of Law 3/2007 of 22 March on the effective equality of men and women, in the case of companies of more than two hundred and fifty workers, equality measures must be directed to the production and implementation of an equality plan, with the scope and content, which should also be the subject of negotiation in the form that is determined in the labour law.

Article 64. Concept and content of the business equality plans.

The plans for the equality of enterprises are an ordered set of measures, adopted after a diagnosis of the situation, aimed at achieving in the company equality of treatment and opportunities between women and men and to eliminate discrimination on grounds of sex.

The equality plans will set the concrete objectives of equality to be achieved, the strategies and practices to be adopted for their achievement, as well as the establishment of effective systems for monitoring and evaluating the objectives. fixed.

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

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

Article 65. Transparency in the implementation of the equality plan.

Access to the legal representation of workers or, failing that, workers themselves, information on the content of equality plans and the achievement of their objectives is guaranteed.

TITLE IX

Prevention of work risks

Article 66. General rules.

All companies included in the scope of this AMAP will comply with the legal regulations on Safety and Health contained in Law 31/1995, of 8 November, on the prevention of occupational risks, in the Royal Decree The Commission is of the opinion that the Commission should be able to take the necessary steps to ensure that the safety and health of workers in the mining activities are protected, as well as the specific provisions of this Directive. application.

Article 67. Minimum standards for the prevention of occupational risks.

The protection of workers ' health and safety is a basic and priority objective of the AMAP. Objective which requires the establishment and planning of preventive action in order to eliminate or reduce the risks at source, based on its assessment, taking the necessary measures, for the correction of the existing situation, taking into account the technical and organisational evolution of the company, in order to adapt the work to the individual and to protect his health. This objective is aimed both at the fulfilment of the legal obligations and the responsibilities of the actors involved in the framework of the company, as well as the promotion of an appropriate culture of prevention in the Sector.

In order to comply with the right to effective protection, the employer will be obliged to guarantee the safety and health of the workers in all aspects related to the work. This obligation will be implemented through the adoption of the necessary measures in the field of risk assessment, planning of preventive activity, information, consultation, participation and training of workers, action in cases of emergency and imminent serious risk, health surveillance and the organization of a preventive service.

The promotion and intensification of organizational, training and pre-ventionist information that will enable workers to adapt to the organizational changes inherent in the new ones will also be priorities. technologies.

1. General principles.

In accordance with Articles 15 and 16 of the Law on the Prevention of Occupational Risks, companies shall apply the measures that integrate the general duty of prevention, in accordance with the following general principles:

● The prevention of occupational risks must be integrated into the general management system of the company, both in the whole of its activities and in all its hierarchical levels, through the implementation and implementation of a plan for the prevention of occupational risks. The occupational risk prevention plan shall include the organisational structure, responsibilities, functions, practices, procedures, processes and resources necessary to carry out the risk prevention action in the company, in terms that are set in the lower-scope collective agreements.

● Avoid risks.

● Evaluate those that cannot be avoided.

● Combat risks at source.

● Adapting the work to the person, in particular as regards the condition of the jobs, as well as the choice of the equipment and the methods of work and production.

● Take technical evolution into account.

● Replace the dangerous with little or no danger.

● Plan prevention, seeking a coherent set that integrates in it the technique, the organization of work, the working conditions, the social relations and the influence of environmental factors at work.

● Adopt measures that put collective protection before the individual.

● Give due instructions to workers.

2. Prevention management.

In compliance with the duty of prevention of occupational risks, the employer shall designate one or more workers to deal with such activity, constitute a preventive service or arrange such service with an entity (a) the company's business, in accordance with Article 30 of the Law on the Prevention of Occupational Risks. The prevention services must be able to provide both the Safety and Health Committee and the company with the advice and support that they need in the light of the types of risk in it in the terms specified in the Article 31.1 of the Law on the Prevention of Occupational Risks.

As provided for in Article 32a of the Law on the Prevention of Occupational Risks, the presence in the workplace of preventive resources, whatever the modality of organization of these resources, will be necessary. in the following cases:

(a) Where the risks may be aggravated or modified in the development of the process or the activity, by the concurrence of different operations that are developed successive or simultaneously and which make the control of the correct application of the working methods.

b) When performing activities or processes that are normally considered to be hazardous or with special risks.

(c) Where the need for such presence is required by the Labour and Social Security Inspectorate, if the circumstances of the case so require due to the working conditions detected.

3. Prevention Delegates.

1. The Delegates of Prevention shall be chosen from among the staff of the work centre, by the representatives of the workers in accordance with the scale laid down in Article 35 of the Law. In the workplace of up to thirty workers, the Delegate of Personnel will be the Delegate of Prevention and in the work centers in which the number of workers will be between thirty and one and forty and nine will be a Delegate of Prevention to be chosen by and among the staff representatives.

2. As far as its powers and powers are concerned, it shall be as provided for in Article 36 of Law 31/95.

3. Article 37 of the Prevention Law, in its capacity as workers ' representatives, will apply to the Delegates of Prevention. They may use trade union hours for the development of their activity.

It shall be considered in any event as an effective working time, without imputation to the credit schedule, corresponding to the meetings of the Committee on Safety and Health and any other meetings convened by the employer in respect of the prevention of risks, as well as the risks to the visits provided for in Article 36 (2) (a) and (c) of Law 31/1995 of 9 November 1995.

In addition, the employer must provide the Prevention Delegates with the means and training in preventive matters that are necessary for the exercise of their duties and which are determined in each company according to the specific characteristics of production in relation to occupational safety and health. Training must be provided by the employer either by his or her own means or by means of a concert with public or private bodies or bodies specialised in this field and must be adapted to the development of risks and the emergence of new ones, repeating periodically if necessary.

4. Committee on Safety and Health. -In the centres of fifty or more workers a Committee on Safety and Health will be set up, which will be formed, as provided for in Article 38 of the aforementioned Law, by the Delegates of Prevention, on the one hand, and by the employer and/or their representatives in number equal to that of the other's Prevention Delegates.

Participate with voice but no vote in the meetings of the Committee on Security, Health: the Trade Union Delegates, the technical officers of prevention in the company (not included in the composition of the Committee on Safety and Health), workers with special qualifications or information on specific issues to be discussed, as well as a maximum of two advisors, together with prevention technicians outside the company, provided that they so request one of the representations in the and without the assistance of the latter involving any expenditure for the company, except for agreement. The meeting shall be at least quarterly. In companies that have several work centers with a Committee on Safety and Health, they will be able to agree with their workers to set up an Inter-Centers for Health and Safety Committee. As regards the powers and powers of the Committee on Safety and Health, the provisions of Article 39 of the Law on the Prevention of Occupational Risks shall apply.

5. Prevention of Occupational Risks. Surveillance and Health Protection. -With the aim of achieving the integration of preventive activity, the Company, technically advised by the Prevention Services, will elaborate:

a) A plan for the prevention of occupational risks: the risk prevention plan will be the document on which all preventive action will be articulated, understanding that what ensures the integration of prevention is not the document in itself, but its management and real application in the company.

(b) The initial assessment of the risks to the safety and health of workers in the workplace: the employer must carry out an initial assessment of the risks to the safety and health of workers, In general, account must be taken of the nature of the activity, the characteristics of the existing jobs and of the workers who are required to perform them. The assessment shall be updated when the working conditions change and, in any case, shall be submitted for consideration and shall be reviewed, if necessary, on the occasion of the health damage that has occurred. If the results of the assessment show risk situations, the employer shall carry out the necessary preventive activities to eliminate or reduce and control such risks. Such activities shall be the subject of planning by the employer, including for each preventive activity the time limit for carrying out such activities, the designation of the persons responsible and the human and material resources necessary for their implementation.

c) Planning for preventive activity.

d) Making a memory of the overall plan and the annual programs.

In accordance with Article 29 of the Law on the Prevention of Occupational Risks, it is up to each worker to ensure, according to his or her possibilities and through compliance with the preventive measures that are adopted in each case, by his own safety and health at work and those of other persons to whom he may affect his professional activity, because of his acts and omissions at work, in accordance with his training, the instructions of the employer and the Provisions of the Safety and Health Committee.

6. Coordination of business activities. -In application of Article 24 of the Law on the Prevention of Occupational Risks, developed by Royal Decree 171/2004 and establishing the business obligations of coordination in the field of prevention, the management of the company in whose workplaces they are carrying out their activities of other companies, that is to say, auxiliary companies, services, contracts and subcontracts, will carry out regular monitoring of the application to these workers of the safety and health rules corresponding to the activity they carry out, presenting the balance of this follow-up in the company's Health and Safety Committee.

7. Health Surveillance.

1. The employer shall ensure that the workers at their service are regularly monitored for their health in the light of the risks inherent in the work, in accordance with Article 22 of the Law on the Prevention of Occupational Risks.

Surveillance can only be carried out when the worker gives his or her consent, after information on the medical tests to be carried out and the purpose of the tests. Only the cases referred to in Article 22 of the LPRL shall be exempt from this voluntary nature, subject to the report of the representatives of the employees. In any case, it is necessary to choose the recognition or testing that causes the least discomfort to the worker and that is proportional to the risk.

2. The information collected shall respect the right to privacy and dignity of the person of the worker and the confidentiality of all information related to his or her state of health. Access to medical information of a personal nature shall be limited to medical staff and health authorities who carry out surveillance of the health of workers, without being able to provide the employer or other persons without express consent of the worker. The results of the surveillance shall be communicated to the workers concerned. However, the employer and the persons or bodies with responsibility for prevention shall be informed of the findings arising from the examinations carried out in relation to the suitability of the worker for the performance of the (a) post office or with the need to introduce or improve protection and prevention measures in order to enable them to properly carry out their preventive functions.

3. Medical examinations. The medical examinations to be carried out must be specific, adapting to the occupational risks present in the posts and job centres. These acknowledgments will be performed on a regular basis.

8. Joint Committee on Safety and Health at Work in the shale sector.

It is agreed to constitute a Joint Commission which will govern its action by means of the following rules:

-A six-member Constara representing each of the parties.

-Will be assisted by the advisors designated by each of the parties.

-You will be able to gather the necessary information to serve your own purposes.

-Hold regular, semi-annual meetings, and report the contents of the meetings.

-You will be able to issue reports about the issues and issues raised by the right and proper treatment of safety and health at work in the Pizarra Sector.

TITLE X

Extra-judicial work conflict solution

Article 68. Adherence to autonomous conflict resolution systems.

The signatory parties to this AMAP adhere to the V Agreement on the Autonomous Solution of Labor Conflicts (Extrajujudicial System), published in BOE No. 46 of 23 February 2012.

Accession is made for the solution of labor disputes arising from the application and interpretation of this AMAP, described in Article 4 of the Agreement on the Autonomous Solution of Labor Conflicts.

TITLE XI

Trade union rights and information and consultation arrangements in industrial relations

Union Guarantees

Article 69. Union representation.

Workers affected by this AMAP have the right to participate in the company through the representation bodies regulated in Title II of the Workers ' Statute and the Organic Law on Freedom of Association.

Article 70. Staff delegates.

1. The representation of employees in the company or workplace which has less than fifty and more than ten employees is the responsibility of the staff delegates. There may also be a staff delegate in those undertakings or centres which have between six and ten employees, if they so decide by a majority.

The workers shall choose, by means of free, personal, secret and direct suffrage to the staff delegates at the following amount: up to thirty workers, one; thirty-one to forty-nine, three.

2. The staff delegates shall exercise the representation for which they were elected to the employer and shall have the same powers established for the works councils.

Staff delegates will observe the rules that are established for professional committee members in Article 65 of this Law.

Article 71. Business committees.

1. The business committee is the representative and collegiate body of all the workers in the company or job center for the defense of their interests, constituting in each work center whose census is of fifty or more workers.

2. In the enterprise that has in the same province, or in neighboring municipalities, two or more centers of work whose censuses do not reach the fifty workers, but as a whole they will be constituted by a joint enterprise committee. Where a number of centres have fifty workers and others from the same province, the former shall constitute own works councils and each second shall be another.

3. Only by collective agreement can the constitution and operation of an Intercenters Committee be agreed with a maximum of thirteen members to be appointed from among the components of the various central committees.

In the constitution of the interagency committee the proportionality of the unions will be preserved according to the electoral results considered overall.

Such interagency committees may not be able to assume other functions than those expressly granted to them in the collective agreement in which their creation is agreed.

Article 72. Rights of information and consultation. Competencies.

1. The business committee shall have the right to be informed and consulted by the employer on matters which may affect the employees, as well as on the situation of the undertaking and the development of employment in the undertaking, in accordance with the provisions laid down in Article 1 (1) of the Directive. in this article.

Information is understood to mean the transfer of data by the employer to the business committee, so that the latter has knowledge of a particular matter and can proceed to its examination. Consultation means the exchange of views and the opening of a dialogue between the employer and the business committee on a particular issue, including, where appropriate, the issuance of prior report by the employer.

In the definition or application of the information and consultation procedures, the employer and the business committee shall act in a spirit of cooperation, in compliance with their mutual rights and obligations, taking into account both the interests of the company and the interests of the employees.

2. The business committee shall have the right to be informed on a quarterly basis:

a) About the overall evolution of the economic sector to which the company belongs.

b) on the economic situation of the undertaking and the recent and likely development of its activities, including environmental actions having a direct impact on employment, as well as on production and sales, including the production schedule.

(c) The employer's forecasts for the conclusion of new contracts, indicating the number of new contracts and the modalities and rates to be used, including part-time contracts, the holding of hours complementary to part-time contract workers and subcontracting assumptions.

(d) Statistics on the rate of absenteeism and the causes, accidents at work and occupational diseases and their consequences, rates of accident, periodic or special studies of the environment and the prevention mechanisms that are used.

3. It shall also be entitled to receive information, at least annually, on the application of the right of equal treatment and equal opportunities between women and men to the enterprise, including data on the proportion of women and men. men at the various occupational levels, as well as, where appropriate, on the measures which would have been taken to promote equality between women and men in the enterprise and, if an equality plan had been established, on the implementation of the same.

4. The business committee, with the following periodicity in each case, shall be entitled to:

(a) Know the balance sheet, the profit or loss account, the memory and, if the company is provided for the form of company by shares or units, the other documents to be disclosed to the partners, and in the same conditions to these.

b) Know the models of written work contract that are used in the company as well as the documents relating to the termination of the employment relationship.

c) Be informed of all penalties imposed for very serious faults.

The business committee shall also be entitled to receive the basic copy of the contracts and the notification of the extensions and the complaints relating to them within 10 days of the date of their taking place.

5. The business committee will have the right to be informed and consulted on the situation and structure of employment in the company or at the workplace, as well as to be informed on a quarterly basis on the likely evolution of the business, including consultation when any changes are foreseen.

You will also have the right to be informed and consulted about all company decisions that could lead to changes in the organization of work and work contracts in the company. It shall also have the right to be informed and consulted on the adoption of any preventive measures, in particular in the event of a risk to employment.

The business committee shall be entitled to issue a report, prior to the employer's execution of the decisions taken by the employer, on the following issues:

a) Total or partial, definitive or temporary template restructurings of that.

b) Day reductions.

c) The total or partial relocation of the facilities.

(d) The processes of merger, absorption or modification of the legal status of the undertaking involving any impact that may affect the volume of employment.

e) Professional training plans in the company.

f) The implementation and review of systems of organization and control of work, time studies, establishment of systems of premiums and incentives and valuation of jobs.

6. The information shall be provided by the employer to the business committee, without prejudice to the specific provisions of each case, at a time, in a manner and with appropriate content, to enable the employees ' representatives to proceed to its proper examination and prepare, where appropriate, the consultation and the report.

The consultation shall be carried out, unless expressly otherwise provided, at a time and with appropriate content, at the level of management and corresponding representation of the undertaking, and in such a way as to enable the representatives of the employees, on the basis of the information received, to meet with the employer, to obtain a justified response to their possible report and to be able to compare their views or opinions with a view, if appropriate, of being able to reach an agreement on the matters referred to in paragraph 4, and without prejudice to the powers of the the employer is recognised in this respect in relation to each of these matters. In any event, the consultation must enable the committee's criteria to be known to the employer when it comes to adopting or implementing the decisions.

The reports to be issued by the business committee shall be drawn up within a maximum of 15 days after the request has been made and the relevant information submitted.

7. The business committee will also have the following powers:

a) Exercise a job:

1. Surveillance in compliance with the current rules on employment, social security and employment, as well as the other agreements, conditions and uses of the company in force, making, where appropriate, legal actions appropriate to the employer and the competent bodies or courts.

2. The surveillance and control of the conditions of safety and health in the development of work in the company, with the particularities provided for in this order by Article 19 of this Law.

3. To monitor the respect and implementation of the principle of equal treatment and opportunities between women and men.

b) To participate, as determined by collective agreement, in the management of social works established in the company for the benefit of the workers or their family members.

c) Collaborate with the management of the company to achieve the establishment of how many measures to maintain and increase productivity, as well as the environmental sustainability of the company, if this is agreed in collective agreements.

d) Collaborate with the management of the company in the establishment and implementation of reconciliation measures.

e) Inform your representatives on all issues and issues identified in this article as to whether they directly or indirectly have or may have an impact on employment relationships.

Article 73. Guarantees.

The members of the business committee and the staff delegates, as legal representatives of the employees, shall, except as provided in the collective agreements, have the following guarantees:

(a) Opening of a contradictory file in the case of serious or very serious misconduct, in which the business committee or other staff delegates shall be heard, apart from the person concerned.

(b) Priority to remain in the company or work centre with respect to other workers, in the case of suspension or termination for technological or economic reasons.

c) Not be dismissed or punished during the performance of his duties or within the year following the expiry of his term of office, except where the term of office is due to revocation or resignation, provided that the dismissal or penalty is (a) the basis for the action of the worker in the exercise of his/her representation, without prejudice to Article 54 of the Staff Regulations. It shall also not be discriminated against in its economic or professional promotion, precisely because of the performance of its representation.

d) To express, collegiately if it is the committee, with freedom its opinions in matters concerning the sphere of its representation, being able to publish and distribute, without disturbing the normal development of the work, publications of employment or social interest, communicating it to the company.

e) Dispose of a credit of paid monthly hours each of the members of the committee or delegate of staff in each working center, for the exercise of its functions of representation, according to the following scale: delegates of staff or members of the business committee:

1. Up to 100 workers, fifteen hours.

2. From one hundred to two hundred fifty workers, twenty hours.

3. From two hundred and fifty-one to five hundred workers, thirty hours.

4. From five hundred one to seven hundred and fifty workers, thirty-five hours.

5. From seven hundred and fifty and one from now, forty hours.

The accumulation of hours of the various members of the business committee and, where appropriate, of the staff delegates, in one or more of its components, without exceeding the maximum total, may be agreed in collective agreement. be relieved or relieved of work, without prejudice to their remuneration.

Article 74. Union delegates.

1. In companies or, where appropriate, in the workplace which occupy more than 250 workers, whatever the class of their contract, the Trade Union Sections which may be constituted by the workers affiliated to the trade unions with presence in the works councils shall be represented, for all intents and purposes, by trade union delegates elected by and among their members in the enterprise or in the workplace.

2. Either by agreement or through collective bargaining, the number of delegates established on the scale referred to in this paragraph may be extended, taking into account the establishment plan or, where appropriate, the work centres. correspond to each of these.

In the absence of specific agreements in this respect, the number of union delegates for each trade union section of the trade unions that have obtained 10 per 100 of the votes in the election to the Enterprise Committee will be determined according to the next scale:

-250 to 750 workers: One.

-From 751 to 2,000 workers: Two.

-From 2,001 to 5,000 workers: Three.

-From 5,001 onwards: Four.

Trade union sections of trade unions that have not won 10 per 100 of the votes will be represented by a single union delegate.

3. The trade union delegates, in the event that they are not part of the business committee, shall have the same guarantees as those legally established for the members of the works councils or the representative bodies to be established in the General government, as well as the following rights to the exception of what could be established by collective agreement:

1. Having access to the same information and documentation as the company makes available to the business committee, the trade union delegates being obliged to keep professional secrecy in those matters in which they are legally proceed.

2. Attend meetings of the business committees and internal organs of the company in terms of safety and hygiene, with voice but no vote.

3. To be heard by the company prior to the adoption of measures of a collective nature that affect the workers in general and the members of their trade union in particular, and especially in the dismissals and sanctions of these