Key Benefits:
Article 8. Joint Commission.
Both negotiating parties agree to establish a Joint Commission as an organ of interpretation, arbitration, conciliation and monitoring of compliance with the Convention.
Composition: The Joint Commission will be composed of four members representing employers and four others representing the employees, all of whom are elected from the signatories of the Convention.
Advisors: This Commission will be able to use the occasional or permanent services of advisers in all matters within its competence. Such advisers shall be freely appointed by each of the parties.
Specific functions:
1. º The terms and conditions for the knowledge and resolution of the issues regarding the application and interpretation of the Collective Agreements in accordance with the current legislation.
2. Mediation of problems or conflicts that are submitted to you by the parties.
3. th Surveillance of the fulfillment of the agreed upon.
4. Study of the evolution of relations between the contracting parties.
5. Entend, among others, how many efforts tend to make the Convention more effective.
Procedure: Matters submitted to the Joint Commission shall take the character of ordinary or extraordinary.
The Joint Commission will award such a qualification unanimously by all its members. In the first case, the Commission shall, within 60 days, and in the second case, decide within the maximum of 30 days, unless the legal provision is made for a shorter period. Both in relation to the date of the certified notification, stating to the applicant the amount that he or she must make to the business or trade union representation.
They will proceed to convene the Joint Commission, interchangeably, any of the parts that integrate it.
The parties shall appoint one or two secretaries, who shall, inter alia, be responsible for receiving correspondence addressed to the Joint Committee, giving it the necessary procedure.
They are fixed as addresses for notification purposes:
-CC.OO. of Construction and Services, Calle Ramírez de Arellano n. º 19, 28043 Madrid.
-FeS-UGT., Avda. de America nº 25, 7ª, 28002 Madrid.
-ASEJA, Calle Guzmán el Bueno, nº 21, 4. º Dcha. 28015 Madrid.
-ASERPYMA, Paseo de la Castellana, n. º 166. 28016 Madrid.
The parties agree that, in the event of disagreements, they will be subject to the conciliation procedure established in the Fifth Agreement on the Autonomous Solution of Labor Conflicts or Agreement to replace it, with the particularities of the established in this Convention, and subject in the same way to the procedures established in the areas lower than the state where the conflict arises in that particular area.
THIRD CHAPTER
Article 9. Hiring.
Staff, based on hiring mode, are classified into:
a) Fixed Staff.
It is that worker who is permanently required to carry out the work of the gardening activities, unless the nature of the activity or the contracted services is clearly deduced from the temporary duration of the same.
They will acquire the condition of fixed workers, whatever the modality of their hiring, that would not have been discharged in the Social Security within the maximum period of 10 days.
Temporary contracts concluded in law fraud shall also be presumed to have been concluded indefinitely.
b) Eventual Personal.
It is the staff temporarily hired by the companies to meet circumstantial requirements of the market, accumulation of tasks or excess orders, even in the case of the normal activity of the company.
The cause or circumstance that justifies it must be expressed in the contract with precision and clarity.
The maximum duration of the contract may not exceed twelve months within a period of eighteen months. If it is designed for a period of less than 12 months, it may be extended by agreement of the parties, without the total duration of the contract exceeding the maximum limit of 12 months.
c) Specific work or service personnel.
It is the contract worker for the performance of a given work or service, which must have autonomy and its own substance within the activity of the company. The maximum duration of this contract will be 3 years.
If the worker exceeds a period of more than two years, the worker, at the end of the contract, shall be entitled to compensation which shall not be less than the amount of one month of actual salary for each year or fraction more than one semester.
d) Staff with Contract for training and learning.
It is the employee/a contracted in accordance with the regulations of the Contract for training and learning.
e) Interim Staff.
It is the contract to replace workers in their absences, holidays, temporary incapacity or invalidity and others of similar nature. If the worker has passed on to the service of the company, it will become part of the company's staff.
Interim staff contracts must necessarily be formalised in writing and the name of the replaced worker and the cause of the replacement must be entered. If the name of the replacement worker or the cause of the replacement is not true, the contract workers shall be understood to have all effects as fixed workers from the date of the contract.
f) Staff in Rraise Contract.
It will be in accordance with the Staff Regulations and regulatory enforcement regulations.
g) Any other personnel whose recruitment is established by law.
Article 10. ° Functional Classification.
The staff will be framed in the light of the functions that you perform in the company in one of the following Professional Groups: Technical, Administrative, Manuals or various Trades.
Each Professional Group comprises the professional subgroups (hereinafter referred to as "subgroups"), which are specified for each group.
A) Professional technical staff:
1. Licensed Technical Subgroup: Has a higher professional title and performs appropriate and appropriate duties or works under the contract of work concluded on the basis of its title in a normal a/p>
The possible application of future labour standards will have to be assessed as a whole and annual computation, being compensated and absorbed by the conditions agreed in this Convention, as long as they are not exceeded by those.
Except as set out in the preceding paragraph are those general rules of general character which hold the necessary and non-compensable right condition in annual computation.
Article 7. º Link to all.
The agreed conditions form a whole organic and indivisible and for the purposes of their practical application they will be considered globally.
In the event that the administrative or judicial administrative authority, making use of its powers, considers that any of the pacts conculcates the legality in force, this Convention shall have effects except for the article or articles to be nd regular manner and with full responsibility to the Address or Head of Company.
2. Qualified Technical Subgroup: Works to the orders of the staff of higher grade or of the Directorate and develops the functions and their own work according to the data and technical conditions required according to the nature of each job. In particular, it is attributed to it: to study all kinds of projects, to develop the work to be carried out, to prepare the data that can serve as bases for the price study and to obtain the necessary data for the organization of the work of the other sub-groups.
3. Technical Subgroup Entitled: Owns the degree awarded by the School of Vocational Training of the second degree, with its functions and responsibilities being its own.
4. Technical subgroup not entitled: It is the technician from one of the sub-groups of trade professionals, who having the confidence of the company, under the orders of the technical staff or the Directorate, has direct command on the staff entrusted.
Orders the job and directs such staff to be responsible for the correct job performance.
Take care of supplies of ancillary and complementary items for the work of the teams and brigades.
Provides your bosses with the needs forecasts and performance data.
You have knowledge to interpret blueprints, sketches, and graphs, and judge the execution and performance of the work done by the trade professionals.
5. Subgroup Outlining: It is the staff who develop architectural and landscape projects and graphics in the office at the company's orders.
B) Professional administrative staff:
1. Sub-group Administrative Chief: It is the person who assumes, under the direct dependence of the Directorate, Management or Administration, the command or responsibility in the sector of activities of a bureaucratic type, with the administrative personnel responsible.
This subgroup will be assimilated to the Computer Systems Analyst.
2. Official Administrative Subgroup: This employee, with initiative and responsibility, dominates all the works of this functional area of the company, with or without employees to their orders, dispatches the correspondence, takes care of the billing and calculation of the same, elaborates, computes and liquid payroll and social insurance, write accounting seats, etc.
3. Administrative Subgroup: performs statistical and accounting functions, file and file handling, correspondence, taquimecanography, computing, etc.
4. Administrative Auxiliary Sub-group: It performs administrative tasks that because of its simplicity and/or repetitive or routine characteristics, do not require the professional experience or training of an Administrative.
Performs auxiliary functions of contabilities and interveners of the same, performing elementary work of administration, file, file and typing. It caters to the phone and possesses computer skills at the user level.
5. Aspirational Sub-groups: These are understood, those who, within the age of 16 to 18 years, are employed in the work of the office, ready to start in the peculiar functions of the office.
6. Sub-group Administrative Apprentice: It is the person who works in his or her own office, starting up in his/her own functions, through a theoretical-practical training linked to a learning contract.
All the administrative staff with perfect language/s/s/s/s/s/s/s/s/s/s/s/s/s/s/s at the disposal of the company in a normal way, will charge the so-called plus of languages regulated by the Royal Decree 2308/73 and by the Ministerial Order of 22-11-73, being the amount of 50 Euros per month.
C) Personal professional group of manual trades:
1. Subgroup in Charge or Master Gardener: It is the worker/trust of the company that possessing sufficient knowledge of the activity of gardening, as well as administrative and technical knowledge, is in front of the team of manual workers holding the command over them, organizes and distributes the works and controls their returns.
2. Official Subgroup Gardener: It is the worker who has the domain of the trade, executes tasks of the plantation and conservation of the garden, with initiative and responsibility, even the most delicate operations.
Must know the plants of garden and interior, interpret the plans and sketches of set and detail, and agree with them to repose the garden and its plant and auxiliary elements in plant and altimetric, and also the means to combat current pests and proportions to apply all kinds of insecticides, and drives vehicles with class B driving licences.
You are at the orders of the infielder or master gardener and you must mark the guidelines for the work of the lower subgroups.
Poder: It is the official gardener that during the pruning season, performs the work of pruning and cleaning all kinds of trees and palm trees with trepa or mechanical means and is responsible for the good use, cleaning and maintenance of the machines and tools you use for the performance of your work.
3. Subgroup Official Driver: These are those workers who, on a regular and permanent basis, drive vehicles of the company that require a driving licence type C, D or E, collaborating in the unloading as long as there are no personnel for it, responsible for the good conditioning of the load and unloading as well as for its control during transport.
You must have full knowledge of the handling of the vehicle's accessories (dump, crane, tractel, Etc.). You will be responsible for the care, cleaning and preservation of the vehicle in your care.
This subgroup includes those who carry out their work through the management of heavy machinery, as they could be an orientation: excavators, loaders, backhoes, bulldozers and the like.
In periods that do not work in your specialty, you will need to collaborate in the various works of the company without this implying a decrease in the salary and other rights of your subgroup, since this subgroup is classified as a as multipurpose.
4. Subgroup Gardener: It is that worker who is dedicated to specific and determined functions that without properly mastering the trade, they demand practical and special skill, as well as attention in the works to be carried out. It shall have knowledge or practice, at least of the operations described below and not only of one of them:
• Machine-type, dug, and escarpment.
• Preparation of land and fertilizers.
• Boot, packaging, and transport of plants.
• Planting any species of plant element.
• Cut and clean branches and fruits.
• Poda, rinsing and trimming of shrubs.
• Preparation of insecticides and anti-drugs and their use.
• Protection and entutorage of trees, shrubs and climbing trees, etc.
• Use and drive tractors, machinery and vehicles with class B driving licence, as well as their accessories, being responsible for good use, cleaning and maintenance.
• Automated waterings.
5. Auxiliary Subgroup Gardener: It is that worker who performs work consisting in physical effort and does not require any preparation; they are the functions of this subgroup:
• Desfonde, caved, and rugged terrain by hand.
• Handling of land and fertilizers without making preparations.
• Transportation, loading and unloading of plant or any other genus.
• Riegos in general.
• Cleaning of gardens (green areas, pavements, bins, water installations, etc.).
• Siega of the lawn.
• Collection of plant elements (branches, leaves, lawn, etc. ..).
• Conduct different types of internal transport such as dumpers and analogues.
• Meet all manual instructions regarding their functions as they receive from their superiors or top-class workers.
6. Subgroup Pawn Gardener: It is that worker over the age of 18 years, with no experience in the sector.
Runs jobs for which no preparation is required, no technical or practical knowledge. Their mission is based on maximum collaboration on the orders of the worker/s or workers of the higher subgroup.
Permanence in this subgroup will not be able to exceed one year, passing automatically to the top subgroup. The reduction of this time is at the discretion of the company.
7. Apprentice Sub-group: It is the contracted to acquire the theoretical-practical training required for the proper performance of the Järmoney subgroup.
8. Vigilant Sub-Group: You are responsible for the daytime or night monitoring of any company or work dependency you perform.
9. Subgroup Cleaner: All staff who perform the cleaning of offices and services of this activity will receive the salary in proportion to the hours of dedication.
D) Personal professional group of trades:
These are those workers who carry out complementary gardening work such as: ensolates and artistic pavements, placement of kerbs and staircases of natural and artificial stone in the dry or concrete; formation of ponds, walls or metal or wooden supports, pillars for the formation of pergolas and umbrellas, etc.; closures with wooden stakes, doors, carpentry in the formation of "gardener's booths", empanized and formation of pergolas, etc.; painting verges, electrical installations, lighting of the " house of "gardener", dog house, pajarera, etc.; irrigation facilities with buried pipes for connecting irrigation hoses or free or spray-free pipes; installation of water pipes for the entry or exit of ponds or long dispensers, water installations in general, platforms, anchorages of greenhouses, commissioning of boilers and burners, heating control, repair of greenhouses, assembly of irrigation system, mechanical and welding works, etc.; Officer Gardener, Gardener and Gardening Auxiliary according to their qualification.
Item 11. Trial Period.
A probationary period may be arranged in writing, which may in no case exceed six months for the Qualified Technicians, or for one calendar month for other workers. In undertakings of less than 25 workers, the probationary period may not exceed three months for workers who are not qualified technicians.
The entrepreneur and the worker are respectively required to perform the experiences that constitute the object of the test.
The pact that establishes a test period will be null when the worker has already performed the same functions previously in the company under any hiring mode.
During the probationary period, the worker shall have the rights and obligations corresponding to his/her subgroup and to the job he/she performs, as if he were a template, except for those arising from the resolution of the relationship which may be produced at the request of either party during its course.
Elapsed the trial period without the withdrawal of the contract, the contract will produce full effects by computing the time of the services provided in the age of the worker in the company.
The situation of Temporary Incapacity that affects the worker during the trial period, interrupts the computation of the worker, provided that agreement is reached between the two parties.
Article 12. º Ascensuses and promotions.
All staff shall have, on an equal basis, a right of preference to fill existing vacancies in the sub-groups higher than those which they held at the time of their occurrence.
Enumeration and merit preference for promotions will be determined below.
When aptitude tests are required, they will preferably be of a practical nature, without requiring memory effort, mainly referring to the functions or jobs of the places to be provided, taking into account the which is then available:
Technical Group: The promotions of all staff in this group will be done by aptitude tests preferably among the company's staff.
Administrative Staff Group: Administrative chiefs will be considered as trusted and therefore free to appoint positions.
Promotions on administrative staff will not be for length of stay but for training, provided there are vacancies.
Group of Professional and Manual Trade Professionals: The Charters and Master Gardeners are considered to be trusted and therefore free to be appointed by the companies.
Vacancies occurring in the remaining sub-groups shall be covered by aptitude tests, being considered as a preferential merit on a level playing field, seniority.
Article 13. Top jobs and lower professional subgroup.
Gardening staff may perform sub-group work immediately above those that are classified, not as usual occupation, but in cases of long-term and short-lived need, not exceeding 90 days per year, alternate or consecutive.
For the duration of this benefit, the persons concerned shall charge the remuneration allocated to the sub-group of the sub-group, and the undertaking shall, if it is extended for a longer period, cover the place of regulatory rules on promotions.
Also, if, for the convenience of the company, a worker is assigned to work in a sub-group that is less than the one assigned to it, without thereby harming his or her professional training or having to carry out tasks that he or she assumes (a) the worker/a worker shall retain the remuneration corresponding to his/her sub-group.
If the change of destination referred to in the preceding paragraph has its origin in the worker's request, the remuneration corresponding to the work actually provided shall be assigned to it.
Article 14. º Stop warning.
The personnel who wish to voluntarily cease in the company shall be required to provide a minimum period of notice of seven calendar days.
Failure to comply with the notice period will result in a deduction in your settlement of finiquito for days that has been discontinued.
The cessation notification will be made in writing, which the worker will sign in duplicate by returning a copy of the notice.
Article 15. º Excence.
Workers with a year of seniority may apply for voluntary leave s="parrafo">When the performance of the duty referred to above involves the impossibility of the provision of the work due to more than twenty percent of the working hours in a period of three months, the company may pass to the affected worker (a) to the situation of leave of absence governed by Article 46 (1) of the Treaty. In the event that the worker, by virtue of the duty or performance of the job, receives compensation, the amount of the salary to which he or she is paid shall be deducted right in the company.
h) To perform union or staff representation functions on the terms established legally or conventionally.
(i) Breastfeeding workers of a child under nine months of age shall be entitled to one hour of absence from work which they may divide into two fractions. By their will, they will be able to replace this right with a normal reduction in half an hour for the same purpose, with the particularities provided for in Article 37.4 of the Workers ' Statute.
j) Who, for reasons of legal guardian, has a direct care of a minor of twelve years or a person with a disability who does not carry out a paid activity, shall be entitled to a reduction in the working day, with the a proportional reduction in the salary between, at least, an eighth and a maximum of half the duration of the salary, with the particularities provided for in Article 37.6 of the Staff Regulations.
k) A natural day, two days if it is outside the province, by marriage of parents, children, grandchildren and siblings, of one or other spouse with the maximum annual limit of three weddings per calendar year or proportionally if it is less than the time duration of the work contract.
l) For the time required to assist the physician with further justification.
(m) For the time required to carry out prenatal examinations and preparation techniques and, in the case of adoption, it is intended for adoption or acceptance, for the provision of services to the required information and preparation and for the performance of the prescriptive psychological and social reports prior to the declaration of suitability, always, in all cases, which must take place within the working day.
n) The following annual business days are set:
The days of your own affairs will be six, being the worker who chooses the date of your enjoyment. Those workers who are enjoying a different number of days of their own affairs, as a result of pacts at lower level than the State, will continue to enjoy the days they have agreed, which in no case can be less than three.
In any case the days of own affairs will have the consideration of effective working day for the purposes of determining the fulfillment of the annual ordinary day.
It is understood that these days of own affairs are not cumulative to other days by matters of their own.
In any case, the most beneficial conditions for the worker who would have been agreed regarding their own affairs will be respected in any case. The worker must notify his/her enjoyment as soon as possible, and in any case with at least 48 hours of enjoyment, except in case of force majeure.
Workers on a contract less than one year will enjoy these days in proportion to the duration of their contract.
or) You will have the same consideration as a spouse, the person who is in a stable manner with the worker, and you have communicated it with a six-month notice and in writing to the company.
CHAPTER QUINTO
Article 20. º Disciplinary Regime.
Workers may be penalized by the management of companies under labor defaults, in accordance with the graduation of faults and penalties that are set forth in the following articles.
The enumeration of the different types of faults is merely enunciative and does not imply that there can be no others, which will be qualified according to the analogy they keep with those.
Article 21. º Graduation of faults.
The faults committed by the workers in the service of the companies will be classified according to their importance and concurrent circumstances in mild, serious and very serious.
Article 22. ° Mild Fhighs.
The following are considered minor faults:
1. Up to three punctuality faults in one month, or missing work one day per month, without justification.
2. Do not communicate, with prior character, the absence to work and not justify within the following 24 hours the reason why the reason, unless it is impossible to do so.
3. The abandonment of the job, without cause or justification, even for a short time, provided that such abandonment was not detrimental to the development of the productive activity of the company or cause of damages or accidents to its companions work, in which it may be considered as serious or very serious.
4. Negligence in the development of the work entrusted and in the preservation of the material, as long as it does not cause injury to the company or to his colleagues, in which case it may be considered as serious or very serious.
5. Do not communicate to the company any variation of its situation that has an impact on the work, such as the change of its habitual residence.
6. Lack of grooming or personal cleansing. When this causes complaints or complaints from your colleagues it may be considered to be serious or very serious.
7. The lack of respect or discussion,/with his colleagues, and even, whenever this occurs on the occasion or occasion of the work. If such discussions lead to serious scandals or riots, they may be considered as serious or very serious misconduct.
8. Find yourself at the workplace, without authorization, outside of the working day.
9. 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.
10. Use telephone, telematic, computer, mechanical or electronic means of the company, for particular matters, without proper authorization.
Article 23º. Severe high.
The following are serious faults:
1. More than three punctuality faults in a month, without justified cause.
2. Missing two days to work for a month, without cause to justify it.
3. Serious negligence or recklessness both in the development of the activity entrusted to it or in the preservation or cleaning of materials and machines which the worker is responsible for.
4. Failure to comply with the orders or failure to comply with the rules on the prevention of occupational risks, where they pose a serious risk to the worker, his or her colleagues or third parties, and to refuse the use of the means of safety provided by the company.
5. The disobedience to the superiors in any matter of work, provided that the order does not imply a "parrafo">e) The time required for the examinations to be attended by the worker for vocational training, compulsory secondary education, baccalaureate and university education and examination of the driving licence.
f) Two days per home move.
g) For the time indispensable for the fulfillment of an inexcusable duty of public and personal character. 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.
Full day.
| 2015 | 12.56 € |
| 2016 | 12.68 € |
Time or fraction greater than thirty minutes.
| 2015 | 1.67 € |
| 2016 | 1.69 € |
Fraction less than thirty minutes.
| 0.85 € | |
| 2016 | 0.86 € |
This plus will be earned, for jobs that are performed in medium, roundabouts, and road borders, in streets, highways, highways, highways, and highways open to public use and road traffic.
This plus will also be payable for the use of plant protection products, herbicides, insecticides, pesticides and fungicides.
The pruning, reusing, trimming, cleaning, tertiary, rinsing, pinting and forming of plants, trees and shrubs, in which the worker's feet are at a height of more than one meter, will be considered dangerous activity for the purpose of this plus, excluding the transport, loading and unloading of vehicles.
Article 33. Special pages.
Two extraordinary pages are established to be paid in the first 20 days of the months of June and December of each year for the amount of monthly base salary plus seniority, with a period of half-yearly accrual. In addition, a special payment is established called "green pay" for the amount of the monthly base salary plus seniority, the period of which shall be due to natural year, paid in advance along with the payroll of the month of October of the year in which the payment is made. produces its accrual.
Staff who cease or enter the company during the course of the year will pay the bonuses, prorating their amount in reason of the service time, computing the full week or month.
This same rule will apply to casual, interim, and contracted workers for a given time.
By common agreement with workers, companies will be able to prorate and pay the amount of overtime pay.
Article 34. º Displacements and Diets.
(a) Displacement: The travel plus shall be paid for the displacements within the urban centre where the centre of work is located, as well as those made outside it, within a radius 5 km. from the limit of the urban area. For other displacements, the time spent shall be paid at the normal time. Transport costs shall be borne by the undertaking, either by means of its own resources or by indicating the most suitable means of transport.
(b) Diets: The amount of the average diets and diets will be the amount collected in the following tables.
The average diet will be paid for displacements produced from a radius of 25 Km. of the limit of the urban area where the center of work is located, understanding as such the limit of the normal rate of taxis. The whole diet will be paid when the previous circumstance is produced, it is necessary for the worker to stay away from his home for indications of the company.
|
| Diet Media | ||
|---|---|---|---|
| 2015 | 10.38 € | 51.87 € | |
| 10.48 € | 52.39 € |
CHAPTER SEVENTH
Article 35. º Right of Meeting and Information.
It will be in the form of these matters in the E.T. and the Organic Law on Freedom of Association and other complementary rules contained in the current labor law.
Article 36. Union Hours and Time Credit Accumulation.
Members of the Staff Committee and Delegates shall have the following trade union hours for the exercise of representative functions according to the following scale:
| 20 hours | |
|
• 50 to 100 workers | 25 hours |
| • From 101 to 250 workers | 30 hours |
| • From 251 to 500 workers | 40 hours |
| • From 501 onwards | 45 hours |
Trade union hours may be accumulated in one or more Committee members and a bag of hours created.
CHAPTER EIGHTH
Article 37. Social Benefits.
The company will pay the workers awards in value and for the following circumstances:
| • By worker's marriage/to: | 140.00 euros. |
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• By birth at birth of each child: | 140.00 euros. |
Article 38. º Graintification per permanency.
Based on Article 26.1 of the Workers ' Statute, a salary bonus is established for workers with a minimum age of one year, who has agreed with the company decide to voluntarily terminate their employment relationship, once they have been 60 years of age and before they are 60 and five.
This gratification, which will remain unchanged for the duration of the Convention, will be paid only once according to the following table:
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60 years | 3,300,00 € | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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61 years | This plus will begin to become payable as of the day the worker meets his or her seniority, making cash on the payroll of the next month in which it occurs. Article 32. º Plus of toxic, painful or dangerous jobs. A plus is set for toxic, painful, or hazardous jobs, even if two or more assumptions are present, in the amounts that are collected in the following tables: Staff subrogation will occur whenever any of the following assumptions are made: 1. Workers who are active in the contract with a minimum age of four months prior to the actual completion of the service, regardless of the modality of their employment contract, irrespective of the fact that, prior to the said four-month period, they would have worked in another contract. 2. Workers who at the time of the substitution are ill, injured, on leave, temporary invalidity, leave, leave, maternity leave, provided they have provided service to the contract to which the subrogation at least the last four months before any of the above situations occur. 3. Workers with contracts of interinity replacing some of the workers referred to in the second paragraph, irrespective of their seniority and the duration of their contract. 4. New income workers who have been incorporated into the contract as a result of an extension, in the four months prior to the completion of the contract. B) All the above mentioned assumptions must be credited and documented by the outgoing company or public entity to the incoming and the representation of the workers with the documentation that is (a) further and within 10 working days from the time the incoming or outgoing undertaking has communicated to the other undertaking the change in the award of the service. C) In case of subrogation, workers will have to enjoy their statutory holidays established in the period fixed in the holiday calendar, regardless of the company in which they are at that time providing services. Workers who would not have enjoyed their statutory holidays when the subrogation takes place, will enjoy them with the new service award, which will only pay the proportional part of the period corresponds, since the payment of the other period corresponds to the previous successful tenderer to be paid in the corresponding liquidation. The workers who, on the occasion of the subrogation, would have enjoyed with the outgoing company a period of holiday superior to the one that would correspond to him for the part of the year worked on the same, will be deducted from the liquidation of the excess enjoyed in accordance with the appropriate proportionality. The incoming company will have to allow the enjoyment of the holiday period that each worker will have to enjoy, and in any case must pay the worker/to what it would correspond to him proportionally to receive for the time in which provide services for the same, without being able to replace such a subscription with a larger holiday enjoyment. D) The application of this article shall be binding upon the parties to which it is bound: a company or a public entity, whether it is a ceasing or an entrant, and a worker. The binding nature of this article does not disappear in the event of temporary closure of a work station that will force the service to be suspended for a period of not more than one year. In such a case, such a circumstance shall give rise to the promotion of a file of employment regulation authorising the suspension of the employment contracts of the employees who are affected. At the end of the period of suspension, if granted, such workers shall have the place of work in the centre in question, even if the service is awarded to another undertaking on that date. In case a client terminated the contract of award of the service of gardening with a company, with the idea of performing it with its own staff, and subsequently contract with another again the service, before after 12 months, the new concessionaire shall incorporate the staff concerned of the previous gardening undertaking into its workforce, provided that the requirements laid down in this Article are met. In the event that the client's purpose, when terminating the contract for the award of the service, is that of carrying out the contract with his own staff but of new hiring, he will be obliged to incorporate his staff to the workers affected by the gardening company up to the time of the service. 2. Division of contracts. In the event that one or more contracts whose activity is carried out by one or more companies or public entities are fragmented or divided into different parts, zones or services to the object of later The award of the contract will become attached to the new holder, those workers who have carried out their work in the outgoing company in the specific parts, zones or services resulting from the division produced, with a minimum period of four years. Last months, whatever his or her form of contract of employment, and all this even before have worked in other areas, contracts or services. The workers who are in the cases 2 to 4, inclusive, in paragraph 1 of this article, and who have completed their work in the resulting zones, divisions or services shall be subsuted. 3. Contract groupings. In the event that different contracts, services, zones or divisions of those are grouped into one or more, the subrogation of the personnel will operate with respect to all those workers who, regardless of their work in the which are grouped together with a minimum of four previous months and all of this even if they have previously provided services in different contracts, areas, divisions or grouped services. The workers who are in the cases 2 to 4, inclusive, of paragraph 1 of this Article and who have completed their work on the contracts, zones, divisions or grouped services shall also be subsuted. 4. Enforcement. The subrogation of personnel as well as the documents to be provided will operate in all cases of replacement of contracts, parts, zones or services resulting from the fragmentation or division of the same, as well as in the (a) to the extent to which they may be effected, even if the normal replacements between undertakings or public entities carrying out the activities of the services concerned are normal, even if the legal relationship is establish only between the one who awards the service on the one hand and the company that would be awarded by (a) the other, being of compulsory application, in any event the subrogation of the staff in the indicated terms and regardless of the application, if any, of the provisions of Article 44 of the Staff Regulations, the existence of the outgoing employer of other non-member contracts to which it is the subject of succession. 5. Documents to be provided. The outgoing company must provide the incoming company and workers ' representatives with the following documents: a) Certificate of the competent body to be in the Social Security payment stream. b) Photocopy of the last four salary receipts of the affected workers. c) Photocopy of TC-1 and TC-2 from social security contributions of the last four months. d) Staff rerespecting the economic, social, trade union and economic rights and obligations personal that you enjoy in the replaced company. When a subrogation occurs, the personnel subject to it must maintain the economic and social conditions of this Convention, if this is the one that is applicable to the company in the company ceasing at the time of the subrogation, although the transferee or incoming company would come under the terms of a statutory business agreement with its workers. The application of the conditions of this Convention shall be 1 January 2013, in the cases referred to in paragraph 2.b) of the Final Disposal of the Law 12 27/2011, 1 August. All of the above is also predicable of the registration of the required Collective Agreements, which in similar terms occurred pursuant to Article 4 (1) of Royal Decree 1716/2012, of 28 of December, for the development of the provisions laid down, in the field of benefits, by Law 27/2011 of 1 August on the updating, adequacy and modernization of the Social Security system. Accordingly, the signatory parties to this Collective Agreement agree that the regulation provided for in Article 40 of the State Gardening Collective Agreement for the years 2010-2013 and consequently its (a) to ensure that the national social security system is fully implemented and that it is necessary to ensure that the rights of the workers concerned are not properly enforced, legal certainty and the fact that such workers do not suffer any harm expectations of the right created by the more beneficial and less restrictive transitional regulation or regime provided for in the rules cited in the preceding paragraphs. Repeal provision. This Convention repeals and replaces the 2013-2014 State Gardening Collective Convention, without prejudice to the provisions of the Second Transitional Provision. Final disposition. Are excluded from this Convention, the activities that would be governed by the Conventions that were the subject of collective bargaining within the framework of the extinguished Trade Union Organization (National Union of Fruit and Horticultural Products), as it may be, among others, Production of Living Plants by any procedure and its sale; Trade of Flowers and Plants and its sale, etc., as well as the activities regulated in the General Ordinance of the Field and Agricultural agreements, applied only if activities are carried out in the Articles 2 and 3 of this Convention. ANNEX I SALARY TABLES
ANNEX II PLUS ANTIQUITY
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