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Resolution Of The General Directorate Of Labour, Which Is Certified Collective Agreement, Nationally, For The Industries Of Footwear.

Original Language Title: Resolución de la Dirección General de Trabajo por la que se homologa el Convenio Colectivo, de ámbito nacional, para las Industrias del Calzado.

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TEXT

Having regard to the Collective Agreement, at national level, for the Calzado Industry and

Resulting that dated April 27, 1979, has had entry into this Directorate General of Work written by the President of the Negotiating Commission, with the text of the said Convention and complementary documentation signed by the parties, prior to the negotiations between the representatives of the trade unions. CC.OO, U.G.T. and U.S. O for business representation, the Federation of Spanish Footwear Industries, and for the purpose of its approval:

Proving that, in compliance with the provisions of Articles 1 and 3, 2 of Royal Decree 3287/1977 of 19 December 1977 on the approval of collective agreements, this Directorate-General suspended the deadline for the approval of the referred to the convention and, after report, was submitted to the consideration of the Government's Delegation for Economic Affairs, which resolved to give the conformity to it;

Proving that the processing of this file has observed the legal and regulatory requirements of the application;

Whereas this Directorate-General is competent to approve the Convention agreed by the representations of the employers and workers, as well as to have their Registration in the Register and publication in the "Official State Gazette", in accordance with the provisions of Article 14 of Law 38/1973 of 19 December 1973, Article 12 of the Order of 21 January 1974, which develops it; Royal Decree 3287/1977 of 19 December 1977; Decree-Law 43/1977 of 25 November 1977 and other concordant provisions;

Whereas the Convention is in accordance with the provisions contained in the Law and Order mentioned above, as well as to Royal Decree-Law 4/1977 of 4 March, and given the Conformity of the Government's Delegation for Affairs Economic, type-approval is appropriate;

In view of the above precepts and other general application, this Directorate-General for Work has resolved.

1. To approve the Collective Agreement, at national level, for the Industries of the Calzado, with the warning that this is without prejudice to the effects prevented in Article 5.2 and Article 7 of the Royal Decree-Law 43/1977, 25 of November.

2. That, in accordance with Article 10 of the Royal Decree-Law, the companies which consider that the reference wage criteria are exceeded for them must be modified in writing to this Directorate-General and to the representation of the within 15 working days from the date of their publication in the Official Gazette of the State, their accession or separation to the Convention which is hereby approved.

3. To provide your Enrollment in the Register of Conventions of this Directorate General and its publication in the "Official State Gazette".

4. Notify this resolution to the representatives of the workers and the Company: CC.OO., U.G.T., U.S.O. and Federation of Industries of the Spanish Calzado, making them aware that, in accordance with the provisions of Law 38/1973, of December 19, no The Court of Appeal has held that the Court of Appeal has not yet taken a decision.

Madrid, 8 June 1979.-The Director General, José Miguel Prado Terriente.

FOOTWEAR COLLECTIVE AGREEMENT

CHAPTER FIRST

FIRST SECTION-SCOPE AND VALIDITY

Article 1. Territorial, functional and personal scope:

Territorial scope.-This Convention is applicable throughout the Spanish State.

Functional scope.-The Convention obliges all the footwear industries governed by the Labour Ordinance for the Industries of the Skin of 22 April 1977. It also forces manual repairers and the newly created industries.

Personal scope.-The Convention will affect all employees of the companies included in their functional scope.

Art. 2. "Vigencia", duration, adaptation, extension and termination.-Entry into force and duration. This Convention shall enter into force on 1 March 1979 whichever is the date of its publication in the Official Gazette of the State. Companies are recommended to pay agreed wages from the date of the signing of the Convention, as their entry into force will be on 1 March 1979, and the companies will be obliged to pay the differences from that date to the date of the signing of the Convention. Publication of the Convention in the "Official Gazette of the State" within 10 days of the first date of the usual payment in the Company, penalizing the delays with 25 per 100 of the amount due. Art. 3. Termination and extension.-The duration of the Convention shall be one year, being tacitly extended from year to year, unless it is denounced by any of the parties at least three months in advance of the date of termination of the Convention. or any of its extensions.

Art. 4. "ad personam" application and warranty.

Paragraph 1. Nature of the agreed conditions.-The agreed conditions constitute a whole organic and indivisible, and for the purposes of their practical application they will be considered globally.

Paragraph 2. All economic and other conditions granted in this Convention, estimated as a whole, shall be considered to be minimal, so the current covenants, clauses or situations in the Companies which are more beneficial in terms of their staff, will also be the guarantee of "ad personam" for those who come from them. The legal improvements that will be made in the future and affect the working relationships, both economically and socially and in the union, will be incorporated into the Convent in the terms that will be provided in the same terms, provided that this is (a) the economic situation, to be overcome globally and annually at the level of the Convention.

SECTION SECOND.-INTERPRETATION AND MEDIATION

Art. 5.-Interpretation and surveillance:

Paragraph 1. For the interpretation and monitoring of this Convention, a Joint Committee shall be set up, in which the person elected by the parties or, failing that, who has been the Chair of the Convention Committee, shall act as President.

The President's duties will be the functions of the moderator, orienting those points where there is a discrepancy between the parties, not being able to vote in the decisions to be taken by the joint committee.

Paragraph 2. The Joint Commission for Interpretation and Surveillance shall be composed of six representatives of the employees and six representatives of the employers, elected from among the representatives of the both sides in the deliberative committee. The alternate members shall also be cited for the necessary case by the absence of a holder.

both representations are to be specified, the appropriate advisers and technicians may be incorporated into the Commission for any approach arising out of the interpretation and application of this Convention.

Paragraph 3. Its scope of action shall be the same as the Convention and may meet or act, at the request of any of the parties, anywhere in the national territory, where the conflict arises, for which the request for a call shall be addressed. Secretary-General of the FICE, who will take care of it within a maximum of 15 days.

Paragraph 4. The chosen Commission shall have the following specific functions:

1. Interpretation of the application of all the clauses of this Convention.

2. º Arbitration in all of the problems or issues arising from the application of the Convention or in specific cases in its text.

3. The monitoring of compliance with the agreement.

4. How many other activities tend to the greatest practical effectiveness of the Convention.

5. Other Cuestuos, other than, where appropriate, determine the Law of Collective Agreements and concordant provisions, and others that are enacted in the future.

Paragraph 5. Joint Commission resolutions or agreements shall be binding and binding on the parties, without prejudice to the exercise of the actions which may be used in the case of the courts and the Labour Administration.

Paragraph 6. The Convention's Commission may act to deal with specialised matters, such as organisation, professional classification, compliance with generic rules in individual cases.

Art. 6. Provincial and regional mediation

:

Paragraph 1. Mediation commissions from the Joint Commission of Interpretation and Surveillance will be established to understand individual and collective conflicts in the sphere of their territorial area of competence.

Their functions will be those of mediation and conciliation in individual and collective conflicts that are not attributed to the interpretation function of the Joint Commission of Interpretation and Surveillance of the Convention.

The agreements reached in these Commissions are binding on both sides. In the event of failure to reach an agreement, it shall establish a report which it shall send to the competent jurisdiction.

Paragraph 2. These Commissions will be composed of three members on behalf of the businessmen and three other members of the Trade Unions, acting as moderator a member of either of the two representations, elected at the previous meeting. It will be the function of the moderator to establish the agenda of the topics to be discussed and to address the meeting. The presence of the interested parties or their accredited representative shall be indispensable for the purpose of being heard.

With regard to advisors and alternates, the same criterion is applied as in the case of the Joint Commission of Interpretation and Surveillance.

Paragraph 3. The Mediation Commissions will be created with provincial scope, except in the province of Alicante, which will be created two Comarcales Commissions, one located in Elda and Elche.

Art. 7. Jurisdiction of Jurisdictions.-The functions and activities of the Commission of the Convention shall in no way obstruct the free exercise of the administrative and legal jurisdictions provided for in the Law and Regulations of Collective Agreements, in the form and scope of such legal texts.

Art. 8. No minor acts.-No negotiations may be initiated to carry out any Collective Agreement of Enterprise affecting the matters agreed upon in this Convention, without giving knowledge to the Joint Commission of Interpretation. In no case shall it be possible to agree on conditions lower than those laid down in this Convention.

CHAPTER II

Organization of the job

SECTION FIRST.-WORKED TIME

Art. 9. Implementation of systems:

Paragraph 1. The initiative for the establishment of systems of production organisation or control, as well as for the incentive of work, corresponds to the Company, and may refer to its totality, to certain sections or centers or places of work or to units (a) uniform working conditions which do not break the unity of the productive system.

When the partial implementation of a measured time work system increases workloads in another section, center or post above normal performance, it will be mandatory for the latter to be applied in the latter. system.

Paragraph 2.

2.1. In the establishment, review, extension or cancellation of work organisation systems, as well as incentive systems in measured times, the report of the Staff Committee or Delegates will be required, in accordance with what is set below:

2.1.a) The Company may at any time carry out the corresponding studies for the determination of times, using any of the techniques that exist. In order to carry out these studies, no prior procedure will be necessary, although the Committee will be informed of the subject matter, without this being obligatory for the employer in terms of its application.

Once the studies have been completed, and if they are to be used to modify the working conditions or remuneration of the staff, the affected will be informed at least one week in advance of the probationary period; if they so wish, they shall ask for the presence of the Staff Delegates or members of the Enterprise Committee. The new studies will undergo experimentation for a maximum test period of thirteen weeks. On the last day of the probationary period, the workers concerned or, where appropriate, the Committee of Enterprise or Personnel Delegates assisted by their technicians, shall submit to the Company the report where the conformity or disagreement with the introduction of such a system. In the case of failure to deliver the report, the system shall be deemed to be accepted. Fifteen days before the end of the probationary period, the Company shall recall in writing the completion of the period.

In the event of conformity, the approved system shall enter into force the following day, with its submission to the Delegation of Labour, for approval, to be compulsory within a maximum of 10 days. In the event of disagreement in the report presented by the Staff Committee or Delegates, the reports from both parties shall be forwarded to the Commission of Measurement, which shall be required within 10 days of its submission, to the case.

If the parties were given agreement, the same procedure will be followed as in the cases of conformity.

If there is no compromise within the ten-day deadline, the Commission will issue a mandatory report along with the parties ' actions to the Working Delegation, which will resolve.

2.1.b) The Business Committee or Staff Delegates may, at their expense, obtain the presence of the technicians they consider appropriate to the reference material, to whom the Company will be obliged to provide all the information necessary to be able to advise the Business Committee or Personnel Delegates in the preparation of its mandatory report.

Paragraph 3. In the application of a system of times, account must be taken, inter alia, of the following:

(a) The necessary period of adaptation of the workers affected by the working method.

b) The implementation by the Company of the method.

c) The perfect division into elementary sequences of the trabaios to be timed.

d) The regularity in the supply and quality of raw materials, in the quality of the tools and the correct functioning of the machinery.

e) The definition of the level of quality required at work and corresponding to the requirement subsequently.

f) The number of hours actually worked per day will be taken into account.

Paragraph 4. In the review or implementation of new schemes, incentive schemes and during the trial period, the Company will have to ensure at least the incentives to the workers that they would have obtained, as a mean, in the previous 90 days of work. cash on a legal working day, as long as the same amount of work force is developed.

This period will be reduced in the time required, in order to ensure that no incentives are used in this calculation in accordance with the Convention of the previous year.

During the probationary period, the worker may not be punished for not reaching the minimum required, when the causes are outside the worker and imputable to the system itself.

Paragraph 5.

5.1. In the centres in which some scientific method of measurement of the work is applicable, it will be considered normal activity, which in the different and most common measurement systems corresponds to the indices of 60, 75 and 100. The optimal activity corresponding to the above systems shall be considered with the indices of 80, 100 and 133.

5.2. Incentive fees may be revised when activities in excess of 140 or their equivalents on other scales are carried out on an ongoing basis, which shall be the minimum review. The difference between the optimum (133 to equivalent) and the minimum revision (140 or equivalent) shall be considered as a margin of guarantee for workers.

Art. 10.

Paragraph 1. The activity shall be calculated by the ratio between the productivity obtained and the normal production or by the one obtained by dividing the normal time by the time spent.

For the establishment of normal performance in a streamlined system, account shall be taken of at least the fatigue coefficients for personal needs, based on fatigue, physical effort, lighting, monotony, noise, heat, humidity, concentration, etc.

From such determination, the incentive line shall be a line defined by the following points:

For normal performance, the salary for the professional category.

Paragraph 2. Quality.-The Company will not be able to increase the quality requirements of the work, with respect to that existing at the time of the implementation of the incentive system, unless the price is increased for unit of time or the quantity of work decrease in relation to the new level required. For the purposes of this paragraph, account shall be taken of the provisions laid down in Article 9 (2) and (3

.

Art. 11. Unemployment and waiting times.-They will have to consider periods of unemployment and wait for those in which the worker has to remain inactive for causes which, being beyond the will of the worker, are imputable to the Company, except in the circumstances contained in the legislation in force as not attributable to either party.

When the time of unemployment and the waiting time occurs, for reasons other than the worker and imputable to the Company, the worker will perceive in concept of premium the average of the perceived one in the previous month.

Art. 12. Review-The review of times and yields should be carried out in the following cases:

a) By reforming the industrial or administrative methods or procedures of each house.

(b) Where the calculation or measurement error has been demonstrated in a manifest or undoubted manner.

(c) Where the returns obtained by the worker exceed repeatedly of the 140 or their equivalents on other scales.

(d) When the income obtained by the worker does not reach repeatedly, and for reasons beyond his or her will, the considered as normal.

e) In the event that a qualified worker normally performs several tasks of his or her own professional career and categories, and cannot be measured, the maximum category and remuneration for the incentive corresponding to the job of the highest incentive in the, section within those of the above category.

f) When the performance of a job is difficult to measure, as is often the case with certain positions (administrative staff, auxiliary services, storage of goods and articles, etc.) and, In general, all staff who receive their remuneration on a monthly basis will be required to set up a procedure for the indirect valuation of workloads, in the event that a productivity system is established or implemented in the Enterprise.

The remuneration that such a person receives will be proportional to the average perceptions of the direct labor of the Company or section, group, etc., to which it is attached. Also when an incentive system is applied in one or more sections of the Company.

Art. 13. Performance and incentives:

Paragraph 1. Normal performance corresponds to the so-called normal activity, and the Company may determine and demand it at any time, without the failure to do so mean or be interpreted as leaving this right.

Paragraph 2. The remuneration for normal performance is determined by the basic salary, Plus of the Convention, Sundays.

Paragraph 3. In order to provide incentives, as well as to adapt them to this Convention, the companies that already have them established should be based on normal performance.

Paragraph 4. The incentives may be collective (section, chain, group, etc.) or individual as determined by the company, giving priority to the establishment of collective incentives where its implementation is susceptible.

Paragraph 5. Undertakings may limit, proportionately reduce and even abolish incentives on an individual basis to all workers for lack of aptitude or interest and attention, objectively demonstrated, to the detriment of production, without prejudice to the the measures which may be applicable to the case.

Paragraph 6. The incentives may be suspended in general, by sections or workers, where the purposes pursued by the system are unattainable due to the absence or reduction of the work or to the reform of the facilities, in which The workers must be informed 15 days in advance.

Paragraph 7. Remuneration for incentives, when exceeding normal performance, shall be calculated at least with an increase of 25 per 100 on the basis established for such performance (base salary, Sundays, bank holidays and Plus), plus the parties (a) proportionate to the mandatory extraordinary rewards and the profit share, and shall be at least proportional to the yield obtained.

Paragraph 8. The provisions of the Labour Ordinance and current legislation will not be included in this matter.

Art. 14. For valuation purposes, normal performance shall be computed on a daily basis. The Plus Convention will also be the subject of weekly compensation.

1. Determinated normal performance, those workers who, for reasons of which they are imputable, do not reach 100 per 100 of such performance, but exceed 90 per 100, will receive in concept of Plus of Convention the amount proportional to the developed work. Those who do not reach 90 per 100 of normal performance, under the same circumstances as in the previous paragraph, will lose the Plus Convention of the week.

The failure to meet in the repeated circumstances for three weeks, within a period of three months, 90 per 100 of the performance indicated as normal, may be sanctioned according to the current regulations.

When the chain work is performed and the full normal performance is not reached, after having been achieved within a period of one year, the worker to whom the normal low performance is attributable to him for two weeks, within a period of two months, may also be sanctioned in accordance with the rules in force.

2. In the calculation of the weeks referred to in point 1 of this paragraph, no account shall be taken of the one in which the worker has experienced a family misfortune or any other personal circumstance, worthy of consideration.

SECTION SECOND.-JOB TO DESTINATION

Art. 15. Flaps:

Paragraph 1. In the case of undertakings which are to be used for the purposes of heading or premium, and which is not obtained by a scientific system from the statements set out in the preceding Articles, the fixing of the prices per unit of work shall be carried out by mutual agreement between the parties. workers to seek the assistance of the Staff Delegates or the Enterprise Committee.

In case workers do not seek the presence of their elected representatives, the Company must inform them of the agreement.

When pricing is seen on new implementation tasks and when no agreement is reached on its price, the urgent intervention of the Mediation Commission will be requested, to the effect that it will rule.

Once the price has been set, it would be practiced to settle differences with retroactive effect.

Paragraph 2. Companies that are currently working on the weaning or non-time controlled methods and wishing to implement time measurement systems will guarantee all affected workers, in the house to reach the agreement in the the introduction of the new systems, at least and in terms of "ad personam" guarantee, the average daily of the amounts received in the last six months, provided they reach the same level of production as they obtained from the previous system; the This guarantee will be reduced in the proportion in which the above mentioned level of production, unless the causes of the reduction are not external to the worker and imputable to the system itself.

Paragraph 3. It is agreed to appoint a Joint Committee composed of two members from each of the three negotiating power stations of the Convention and six more members representing FICE, for the preparation of a preliminary draft regulation of the present to the Commissions that they have to negotiate the next Collective Agreement. This Commission shall have the advice it considers relevant.

THIRD SECTION

Art. 16. Work at home-Minimum of work: The task or task limit is set at 77 hours per quarter for all staff working at home, who will have to develop the same normal performance as they are determined in the job of the factory.

Art. 17. Remuneration.-Workers at home, on the day agreed in this Convention, will receive the salary fixed in the same to normal performance (base salary and Plus of the Convention), plus a 10 per 100 of the same salary for general expenses (light, tools, etc.).

It will not hurt the worker's salary the lack of non-imputable work; in this case, he will only fail to perceive the 10 per 100 that is fixed in terms of expenses during the days that he lacks work.

Expenses for several will be paid by the Companies, upon justification by the workers.

Art. 18. The aim of achieving proper regulation of work at home is set up by a committee of work, composed of one representative for each of the Central and the Central and the European Central Bank, and three representatives of the FICE, which will draft a project submitted to the Administration, will be incorporated into the Convention, once approved by the Convention.

CHAPTER III

Staff and working arrangements

FIRST SECTION

Art. 19. Staff scheme:

Fixed staff.-It is the one that through learning, or after the test period, becomes part of the template.

Interim staff.-It is the one that replaces the fixed staff with absence, illness, military service, etc., causing a definitive reduction in the Company when the permanent staff is rejoined, and in his contract the staff will have to be included name of the replacement and the cause of the replacement.

Eventual staff.-It is the contract to attend to productive needs, new or extraordinary works superior to the normal ones.

The contract of an eventual worker will have a maximum duration of three months, being extended for three more months, and at the end of the same will cease in the service of the Company, or, otherwise it will pass to the condition of personnel fixed in the template of the same.

In no case will the same job be covered by any staff for more than six months in the period of one year.

This staff at the end of your contract and not becoming part of the Company's staff will receive an amount equal to 20 per 100 of the total of your wages and other accrued emoluments during the duration of the duration of the contract. of the contract.

Art. 20. Periods of testing.-All new entry staff shall be subject, provided that they are agreed in writing, to a probationary period, the duration of which shall be:

a) Directing and Technical Staff entitled: Four months.

b) Technical staff not entitled: Two months.

c) Administrative Personnel (First and Second Officers): Thirty days.

d) Administrative Auxiliary, Office Personnel and Unqualified. Fourteen days.

Art. 21. Learning.-After one year of the date of entry, the Apprentice must be submitted to an aptitude test for the ascent, and overcome it will pass to the category of Adjutant, Specialist or Official according to their aptitudes.

After two months of the year indicated before the Company has submitted the Apprentice to the aptitude test, it will automatically move to the corresponding higher category under the Labor Ordinance.

Apprentices ' aptitude tests, as provided for in the Ordinance, shall be carried out by a Joint Committee composed of the Staff Delegates or the Business Committee, with a business representation and the First-plus Officer. old in the specialty on which to look the test. In the event of a disparity of criteria, the delegation of work will be attended, which will ultimately resolve.

Art. 22. Work of a higher category.-All workers, if necessary, may be assigned to higher-class jobs, with the salary corresponding to their new category, reintegrating into their old post when the cause of the cause is stopped. change.

This change cannot be longer than four months uninterrupted, with the worker having to return to his old position and category.

When a worker performs for four consecutive months higher category jobs, his or her salary in that higher category will be respected automatically, unless there is another worker in the Company who (a) a better right, in which case it would be made in accordance with the provisions of Article 46 of the current Labour Ordinance.

Notwithstanding the above paragraphs, in the event that a worker holds senior positions during the alternate twelve months, he/she will consolidate the salary of that category from this point of time, without necessarily suppose the creation of a job in this category.

The three preceding paragraphs are not applicable to replacement cases by Military Service, sickness, accident of work, permits or occupation of official positions, in which case the substitution shall comprise all the time the circumstances that have motivated him.

Art. 23. Notice period.-The personnel who wish to cause low in the service of the Company must give the following pre-notices:

a) Directing and Technical Staff: One month.

b) Administrative Staff: Ten days.

c) Staff Rest: Seven days.

The failure to comply with the obligation to provide prior notice entitles the Company to discount the worker's liquidation an amount equal to the amount of his daily wage for each day of delay in the notice. Having advised that in advance, the Company will be obliged to liquidate at the end of that period the fixed concepts that can be calculated at such a time. The rest of them will be at the usual time of payment.

The failure to comply with this obligation to the Company will lead to the right of the worker to be compensated with the amount of a daily wage for each day of delay in the liquidation, with the limit of the duration of the own notice period. No such obligation will be given, and therefore this right is not born if the worker did not comply with the right notice.

Art. 24. New classifications.-Definitions:

1. Head of Department is that person who at the orders of the General Manufacturing Charge has in charge several sections dedicated to the same order of activity.

2. In charge of Sector is that person who assists and replaces the Head of Department.

3. Section Sub-Officer is the person who assists and sometimes replaces the Section Encharge.

4. Mobile sales establishment manager is the employee who at the orders of the Company's Directorate exercises during certain periods the administration of the sales establishments.

5. Modelista is the one who performs the artistic task of creation executes it until it gets adjustments, combinations and, in general, how many operations and decisions are necessary for the confection of the sample. According to the dimensions of the Company, it will jointly perform the functions attributed to the Patron.

6. Patronist is the person who, picking up the indications of a modeler or the company management, makes adjustment of models and passes of hormas. Depending on the size of the Company, it will carry out scaling and other activities of the specialty.

7. Assistant is the operator who in specifically female works performs tasks of a secondary character in the sections included in the table of salaries annexed to this Convention, or auxilia within the same activities to a greater operator professional category.

8. Timekeeper is the technician who carries out the measurement of the performances and activities carried out in each job.

9. A Commission, dependent on the Commission for Interpretation of the Convention, is hereby established for the study and updating of the 'Nomenclator'. This Commission shall be composed of three workers and three employers, and shall be established within 15 days of the publication of the Convention in the Official Gazette of the State.

10. Companies will accommodate the remuneration of staff on the basis of the principle that, like work, the same category.

SECTION SECOND.-DAY

Art. 25. The working day will be forty-four hours a week for all staff affected by this Convention.

In any case, the most beneficial working conditions that the worker could have would be respected.

Art. 26. Special days.-They are excluded from the legal regime: the work of the doormen, who enjoy house-room, and that of the Watchers, who are assigned the care of a limited area, with house-room inside it, always that they are not required to be kept under constant surveillance.

Paragraph 2. As for the Porters, Saves and Watchers, not included in the previous article, who have only the functions of their professional category entrusted, they shall comply with the provisions of the provisions of the provisions of the references to the case.

Paragraph 3. In the case of technicians, managers, intermediate managers and operators, the action of which starts or closes the work of the others, the time may be extended for the time strictly necessary, without prejudice to the payment of such time, surcharges of overtime.

Art. 27. Continuous working day.-In the continuous working or shift work, the affected staff will have a daily half-hour break within the time set in this Convention. However, according to the need for the production, the staff will work at the request of the Company after administrative authorization, the full legal day, with a half hour paid as extraordinary.

Workers will be able to request the implementation of the continuous working day from the corresponding delegation of work, when the 60 percent of the company's staff members express it by voting, putting in advance in knowledge of the same that they are going to perform this management. The Company may object to this request by the workers, by means of a reasoned report to the Working Delegation that will resolve the relevant matter.

Art. 28. Night work shall not be considered for the purpose of special remuneration carried out by night surveillance personnel, Porters or Serenos who have been specifically engaged to provide services exclusively during the night period. They shall not be considered to be excluded and, as a result, the work of the workers ' staff must be remunerated and, not being specific to the surveillance mission, they shall be combined with the latter.

Not included in the night rating shall be those works normally carried out on the day of day, which must be carried out in the night period as a result of events or events. Catastrophic or exceptional.

SECTION OUTSOURCING-LICENSES AND EXCESS

Art. 29 Licenses.

(a) A worker who is in his care for a period of less than six years or a disabled physical or mental person, and provided that he does not carry out any other paid activity, shall be entitled to a reduction in the working day of at least one third of their duration, with the proportional pay decrease, being able to enjoy a flexible schedule that allows the work and assistance to be compatible with the children, provided that this does not prejudice the production process in the case of the less than six years, previously mentioned. This right may only be exercised by one of the two spouses.

(b) In addition to the licences provided for in the current Labour Ordinance of the Skin, the worker may apply for up to four days of unpaid annual leave, on reasoned justification, in agreement with the Enterprise Committee or Staff delegates, and provided that they do not hinder the normal pace of work in the same section. To this end, no more than one worker in enterprises of up to 25 workers, two in enterprises of 26 to 50 workers, three in enterprises of 51 to 100 workers and in enterprises of more than 100 workers, 20 per 100 plus 1, will not be able to enjoy this license. computing the resulting fraction as a unit.

c) Assistance to medical clinics and offices during the working day shall be paid in accordance with the salary Convention, provided that they do not have established consultation schedules to assist them outside the working day. It is understood that the worker may not make use of this right for a period of more than 16 hours per year, with the exception of this limitation where the assistance to medical centres is determined by optional prescription. In any event, this type of absence shall be duly justified.

When the worker's spouse or children have to move to doctors ' offices outside the locality, and no other family member is in a position to accompany them, permission shall be granted, subject to the circumstances which is motivated.

Art. 30. Excess:

(a) Any of the spouses may be requested by any one of the spouses, in the event that they both work, a three-year leave of absence for each child born and alive, to be counted from the date of delivery.

(b) The worker with seniority in the Company of less than two years of age shall be entitled to be granted a voluntary leave of absence of up to five years, with a request for a new leave of absence after two years. of the end of the last surplus.

In the absence of the two preceding paragraphs, the provisions of the Labor Ordinance will be in place.

Art. 31. Special leave.-The worker may apply for leave of absence:

(a) In exceptional cases of illness or serious accident of a family member who requires care of such nature to prevent him from attending work normally, in the opinion of the employer and the Committee of Enterprise. You will have the right to return to your job with the two-month notice.

(b) In the case of maternity, the worker shall be entitled to a leave of absence of one year from the date of birth (born and alive), after which she shall be entitled to return to her job in the Company, under the same conditions as on the date of the request for leave.

SECTION FOURTH

Art. 32. Restructuring of staff.-The extinction or suspension of the legal-employment relationship of a party or the whole of the workforce, referred to in Article 45 of Royal Decree-Law 17/1977 of 4 March, on working relations, adjust to the following procedure:

Paragraph 1. The Management of the Company will bring to the attention of the Committee of the Company or the Delegates of Personnel the situation of crisis two months in advance of the request, with the objective to study together the possible solutions to the problem; deadline in the that the Staff Committee or Delegates shall issue the mandatory report.

Paragraph 2. The knowledge of the crisis situation shall include information to the Committee on the production and market data, as well as, prior to, any act on the movable or immovable property of the Company, without limiting the dispositive capacity of the entrepreneur in an effective way.

Paragraph 3. Throughout the entire file, the representation of employees may request intervention in the actions of experts and advisors with access to the Company's books.

Paragraph 4. In the event that the employment authority is authorised to restructure the workforce, and before it is executed, the Company shall deposit the amount of two months ' salary for each worker in the Labour Delegation. affected by the file, as a guarantee of payment of the possible outstanding salaries and of the indemnities that have been confirmed by the labor authority or those that in its day are fixed by the Labor Magistrate.

In the event that between the extinction of the employment relationship and the perception of the unemployment benefit more than 15 days elapsed, the affected workers will be able to request from the Delegation of Labor, and from the fund which is created in the previous paragraph, which is paid up to fifteen days of your salary. For each new 15-day period which expires without receiving the unemployment allowance, you will be entitled to a new and identical payment from the Labour Delegation for each year of seniority in the Company. These perceptions will be to discount the compensation that the Labor Magistrate will set in his day.

SECTION QUINTA

Art. 33. Temporary suspension of work activities:

1. Companies may suspend their work activities for a maximum period of 60 working days at any date of the year.

2. The temporary cessation may affect all or part of the template and be applied in an uninterrupted or discontinuous manner. In the event that the temporary cessation affects only one part of the Company's template, and as long as this situation is maintained, the remainder of the template may not exceed in its normal performance work nor perform overtime.

3. The affected staff will receive the total of their quoted remuneration, which will be paid by 75 per 100 for the National Unemployment Insurance and the remaining 25 per 100 for the Company.

4. The procedure to be followed in the request for suspension of activities will be the one that currently governs for the Industry of the Footwear, and that it is regulated in the Order of the Ministry of Labor dated January 25, 1961.

CHAPTER IV

Social issues

Art. 34. Retirement Award.-Staff who apply for retirement before the age of sixty-six years, and take at least 15 uninterrupted years of service in the Company, shall be entitled to one and the same time as they may be entitled to gratification according to the following age scale:

Sixty years, four monthly fee-rate salary allowances.

Sixty-one years, three-comma-five-monthly rate-quote salary.

Sixty-two years, three monthly rate-contribution monthly payments.

Sixty-three years, two-comma-five-monthly rate-quote salary.

Sixty-four years, two monthly rates of rate contribution.

Sixty-five years, a monthly rate of rate contribution.

This gratification will in no case be less than 6,000 pesetas.

Art. 35. Holidays.-The annual holiday will be thirty calendar days.

CHAPTER V

Salary Regime

Art. 36. Base salary.-The agreed base salary will be paid for all calendar days.

Plus Convention.-The Plus Convention will be charged per day effectively worked and for working days included in the holiday period.

Art. 37. The remuneration agreed under this Convention shall be as set out in Annexes.

Art. 38. Profit participation.-The profit share will consist of 9 per 100 of the base salary and Plus of the Convention, being understood by, such those corresponding to the calendar year and those corresponding to the statutory compulsory, increased, where appropriate, with seniority. Your subscription may be made in the first half of March and September.

Art. 39. Extraordinary rewards of Christmas and July.-The extraordinary rewards of Christmas and July will consist, each of them, in the amount of thirty days at the rate of base salary, Plus of the Convention and, where appropriate, seniority, respecting is established for those professional categories that have it superior.

During the Military Service and Social Service workers will be entitled to the collection of the extraordinary July and Christmas pages.

Art. 40. Prize for seniority.-The awards for seniority will consist of nine trienes of 3 per 100 each on the base salary and Plus of the Convention, for all the groups of personnel.

Art. 41. Daily, weekly or monthly payment.-When, by simple majority, workers wish to receive their wages or salaries in accordance with Table II of Annex 2, the Company shall do so in accordance with this request.

Salaries may be paid, with the guarantee of the Company, by delivery of current account or income on bank accounts or savings designated to the effect upon the express acceptance of the interested parties.

Art. 42. Quote wages:

1. In accordance with the Ministerial Order of 25 June 1963 and in the light of Article 6 of Decree 56/1963 of 17 January, as regards the professional categories of Department-laden, Sector-laden, Section-loaded, Sub-section of the Section, Modelling and Traveller, the tariff bases and groups of assimilation for Social Insurance and Labor Mutuality will be the ones for each case in Annex 1 of this Convention and in paragraph 4 of this article.

2. For the daily listing staff, the only rated trading bases shall be those which, for each case, are set out in the cited Annex and paragraph 4 of this Article.

3. For the monthly listing staff, the only rated quotation bases shall be those listed in each case in that Annex and paragraph 4 of this Article.

4. The bases of quotation shall be those in force at any time.

Art. 43. The staff who, carrying out their own manufacturing work, will take care of maintenance tasks (mechanical, electrician, etc.) will receive for this additional work a 10 per 100 salary corresponding to a first officer.

CHAPTER VI

FIRST SECTION

Art. 44. Representation of workers in the Company:

Company and Personnel Delegates Committees.-The practical organization of the work is faculty of the Company that without merit of the authority that corresponds to it, grants, to the representatives of the workers the following faculties in order to the employee's participation in the Company.

1. Supervision on the placement of workers in the company and information on posts to be covered and decisions based on a rational assessment of skills (job valuation), with the Committee or Staff Delegates entitled to carry out appropriate legal complaints.

Visa of the Committee or Delegates of Personnel in the documents that give to the end the employment relationship.

2. In the establishment and reviews of systems of work organization the agreement of the Committee of the Company or the Delegates of Personnel will intervene.

In case of disagreement with the results obtained by the Company's Technician, the Committees of Enterprise or Delegates may obtain the presence, at their expense, of the Technicians that they consider appropriate to the reference material, who will seek the final agreement with the Company's Technicians within ten days. In the event of a lack of agreement between the two technical groups the question will be raised to the decision of the labour authority.

3. As long as the nomenclator of posts and subsequent assessment of them is not approved, the Committee of the Company or the Staff Delegates may require that the percentages which are laid down by the regulations of the Staff Regulations are respected. Footwear.

4. Prior claims for job changes will be resolved by the Company with mandatory intervention from the Business Committee or Personnel Delegates; the report of the Business Committee or Staff Delegates will also be required. the partial or total transfer of the work centre.

5. The disciplinary measures taken by the Company to any worker shall be brought to the attention of the Committee of the Company or the Staff Delegates, who shall be required to submit a report to the competent labour authority.

6. The Staff Committee or Delegates shall administer, in collaboration with the Company's management, the social, cultural and recreational funds that may exist in the Company.

7. In the Company's ownership changes, the Business Committee or Staff Delegates shall be informed in advance and shall issue a perceptively a report to the employment authority.

8. Each season, the Committee of the Company or the Delegates of Personnel will be informed by the Management of the Company on the general evolution of the productive sector to which the Company belongs, on the evolution of the business and the situation of the production and the sale of the Company, on its investment and production program, and the likely evolution of employment in the Company and on its accounting situation, as well as its plans to merge, absorb or modify its legal status. This information will be absolutely confidential.

The Business Committee or Staff Delegates will be able to make proposals to the Company's management, which will have to be studied jointly.

9. The working conditions shall be those laid down in the General Ordinance on Safety and Hygiene at Work of 9 March 1971 and concurrent rules:

(a) A Safety and Hygiene Committee shall be set up in the work centres of more than 50 employees, consisting of three representatives appointed from among the staff by the Enterprise Committee, who are responsible for the Health services and a representative of the Enterprise Directorate; and in Companies with more than 500 workers, a worker Vocal for more than every 500 or fraction up to a maximum of 5.

In job centers with fewer than 50 workers, the Staff Delegates will appoint, from the template, the Security Vigilant. The workers, by means of the Committee on Safety and Hygiene, shall be entitled to the necessary information on the materials used, technology and other aspects of the production process, which is necessary for the knowledge of the risks involved. to physical and mental health.

They will also be entitled to that information that is held by the Company about the real or potential risks of the production process and mechanisms of its prevention.

Workers individually will be entitled to any information pertaining to the studies that are carried out on their environment at work and on their health status, including results of examinations, diagnoses and treatments to be performed. It will also have the right to make these results available to them.

The monitoring and monitoring of safety and hygiene conditions, as well as the processing of the collective dossiers for toxicity, penalties and dangerousness, will be the responsibility of the Committee of Enterprise or Personnel Delegates, in collaboration with the Vigilante or Committee on Safety and Hygiene, being able to report cases where there is a risk of accident or occupational disease.

(b) After one month after the Company has taken the measures and time limits which the Provincial Labour Office considers to be in the field of safety and hygiene, workers shall have the right not to execute their work, without prejudice to their actual remuneration when there is a danger of illness or an imminent and serious accident.

The rating of imminent and serious danger will in any case be the responsibility of the Committee on Safety and Hygiene. In this case, the worker may be employed by the Company for any other job, exempt from risk, provided that his/her economic conditions are respected and his/her dignity as a worker and his/her training opportunities are not impaired. professional.

The worker who does not use the appropriate means of protection to the job or fails to comply with the security measures of the position he/she occupies, may be punished in accordance with the legislation in force.

10. It is also up to the Committees of Enterprise or Personnel Delegates to exercise all the functions that the legislation entrusts to the representatives of the workers of the Company, being able to bring before the Organisms and Courts (a) the competent authorities of the Member States of the European Union and of the Member States of the European Union;

11. It is possible to hold workers ' assemblies, in the workplace, outside the working hours, with the exclusive assistance of the staff of the center, and with prior notice to the Company of at least one working day for the workers. applicants.

12. Both parties recognize in all their terms the validity of Royal Decree 3149/1977 of 6 December 1977 and their special reference to Decree 1878/1991 of 23 July 1991.

SECOND SECTION

Art. 45. Union Section:

Paragraph 1. Trade unions established at national level may constitute the corresponding trade union section in the workplace, provided that it has at least 10 per 100 members of the trade union within the workforce.

Paragraph 2. The Trade Union Section shall represent the trade union interests of its affiliates with the Company's Management.

Paragraph 3. 1. The trade union sections of the labour centres may appoint a representative to be a representative of the Centre for communication and dialogue with the Directorate. This representative must have a fixed template condition for the centre in question.

2. In the case of the existence of several centres in the same province and the same company, a single representative shall be appointed by the Trade Union Sections of each of the Trade Unions.

3. The delegates of the Trade Union Sections who are not members of the Company's Committees shall be entitled to 20 paid hours, in charge of the Company, per month, for the performance of their duties, provided that the corresponding Trade Union Section comprises at least 20 affiliated workers, making it possible for their use to cause the least damage to production.

Paragraph 4. The trade union sections formed under these rules shall have an adequate notice board for the publicity and dissemination of their agreements and communications.

Paragraph 5. In the event that the Trade Union Section will change its representative for any cause, the corresponding Union will be obliged to communicate the change to the Company.

Paragraph 6. The companies agree to manage the collection of the quotas to the Central Trade Unions through the appropriate discount on the respective payroll, provided that such removal is previously authorized by each worker.

Paragraph 7. The companies will grant leave in case the workers request it to join trade union offices of local, provincial or state management, provided that this is duly proven without any specific seniority with the right to return to his or her job in the company, under the same conditions as on the date of the request for leave, once the union order has been completed. This excess in the abovementioned terms shall be for a maximum duration of two years, and may be granted only once under the conditions of this paragraph.

ADDITIONAL DISPOSITION FIRST

Given the special characteristics of the legislation in force at the time of the negotiation, the agreed increases do not dry up or offset by any concept during the duration of the present Convention.

ADDITIONAL DISPOSITION SECOND

Seniority, overtime and incentives for measured times will be calculated on the basis of the salary tables which entered into force on 1 March 1978 (Annex 3). The application of the preceding paragraph to the system of weaning remains in force and therefore of mandatory application to what has been agreed in Elda, which is then transcribed:

" Subject: Transcript of the agreement of the Commission of Interpretation of the Convention on 30 January 1979.

For the application of Article 19.10 of the Convention in force from 1 March 1978 to 28 February 1979,

following is hereby agreed:

In premium systems other than those of measured times (the application of which is clear in the text of the Convention), as are the various weaning systems, 18 per 100 of the salary exceeding that of the Convention should be increased. determines for each professional category, in all inclusive salary, up to the ceiling of 12,000 weekly pesetas of pay to be used; the excess of salaries above the cited 12,000 weekly pesetas will not have an increase.

Example:

We consider a first officer who works at the end of the week to receive a weekly salary of 12,000 pesetas.

As the salary of the Convention, in all inclusive, is 6,768 pesetas, the difference up to the 12,000 pesetas is 5,232 pesetas.

The increase will be 18 percent of the 5,232 pesetas, which will give 941 pesetas.

Companies that have revised their incentive or system systems after the last increase of 1,026 pesetas in March 1, 1978, will be able to deduce the increased increase of this agreement.

This agreement is implemented with effect from 1 January 1979. "

For the application of the above transcribed the parties agree that the salary to be considered will be that of the tables that came into effect on March 1, 1978.

TRANSIENT DISPOSITION

When there is a firm judgment stating that the act for which a worker was dismissed is covered by the Amnesty Law of October 1977, the employer will comply with the judgment given by the courts. competent, in the fair terms determined by the judgment.

ANNEX 1

Assimilation and Labor Mutualism Group

.................................................. Group

Professional Categories .............................de

................................................. assimilation

Engineers and Licensors ... ... ... 1

Perios, Graduates, Technical Helpers

Diplomatic, Social Graduates,

Professors Mercantile and Analysts ... ... ... 2

Administrative and Workshop Heads, Head of

department, Sector Enloaded, Section Head

and negotiated, Chief Purchasing Officer, Head of Sales,

General Manager of manufacture ... ... ... .. 3

Untitled Helpers, Modelers, Loaded

section including the saved), Mobile Charge

sales outlets, Travellers and

Programmers ... ... ... ... ... ... 4

First and second administrative officers,

Sales and Dependent Officer ... ... ... 5

List, Store, Pesator, or Basculo, Save

Jury, Vigilantes, Ordinance, Goalkeeper, or Portera,

Nurse, Warehouse Mozo, Buttons, or

18-year-old Recaderies ... ... ... ... ... 6

Administrative auxiliaries and Telefonists ... ... 7

First and Second Officers, Patrons,

Mesilla masters, Master gives mechanical repair,

Section, Drivers, and

Subhead

Guarnedoras ... ... ... ... ... ... 8

Third, Specialist, and Assistant Officers ... 9

Peons and women cleaning ... ... ... 10

Third and fourth year apprentices, Buttons or

16-and 17-year-old and Aspirants

administrative ... ... ... ... ... ... 11

First And Second Year Apprentices, Buttons, or

14-and 15-year-old and Aspirants

administrative of the same age ... ... ... ... 12

ANNEX 2

Wage table to be applied from 1-3-79 to 28-2-80

TABLE I (NORMAL PAY)

PERSONNEL WITH MONTHLY REMUNERATION

(SEE TABLE PAGE 16331)

TABLE I

PERSONNEL WITH DAILY PAY

(SEE TABLE PAGES 16331 to 16332)

TABLE II

PERSONNEL WITH MONTHLY (ALL INCLUSIVE) PAY

(SEE TABLE PAGE 16332)

TABLE II

PERSONNEL WITH DAILY PAY (ALL INCLUSIVE)

(SEE TABLE PAGE 16332 TO 16333)

CALCULATION MECHANICS

Base Salary = Table I.

Gratifications with plus = 60 days x (S. B. + P. C.)/(365-52) = 313

Sunday = S. B/6

Plus Convention = Table I.

Benefits = 9 per 100 above all previous concepts (S. B. + Grat. with plus + Sundays + P. C.).

Festive day: The salary will be equal to the total daily minus the plus Convention.

ANNEX 3

Tables for calculation of incentives, overtime, and age from 1-1-79 to 28-2-80

PERSONNEL WITH MONTHLY REMUNERATION

(SEE TABLE PAGES 16333 TO 16334)

PERSONNEL WITH DAILY PAY

(SEE TABLE 16334)