reas of negotiation within the company, considering that the content of the collective agreement provides an appropriate framework for the ordering of industrial relations in the sector.

Article 3. Territorial and personal scope.

3.1 Territorial scope.

This Convention will apply throughout the territory of the Spanish State.

3.2 Personal scope.

The present working conditions will affect all the workers of the companies included in their functional scope, except the staff of Alta Dirección regulated by the Royal Decree 1382/1985, of 1 August.

All references in the text of the Convention to "worker" or "worker" shall be understood to be made indistinctly to persons, male or female, who work in the companies of the Perfumeria and Aends sector in the terms established in Article 1 of the Staff Regulations.

Article 4. Temporary scope.

This Convention shall enter into force on the basis of its publication in the "Official Gazette of the State", and in any case within thirty days of its signature, and shall remain in force until 31 December 2016. Its economic effects shall be rolled back, where appropriate, for the first year of validity as of 1 January 2015, and for the second year of validity as of 1 January 2016.

Both sides are committed to denouncing the Convention, two months before the end of its term. The beginning of the negotiation of a new agreement will take effect within 15 days of the date of the expiration of the previous one, establishing a maximum period for the negotiation of fifteen months, counted from the beginning of the itself. During the negotiation process, the regulatory part of the reported agreement will remain in force.

After the indicated maximum period of time without agreeing to a new convention, the above text will be lost.

In the event of no agreement within the negotiating commission, the parties agree to submit to the mediation and arbitration procedures provided for in the State-wide Interconfederal Agreements (ASAC). In the case of opting for the arbitration procedure, the arbitration procedure shall be voluntary.

Article 5. Binding to the entire.

The conditions here, form a whole organic and indivisible and, for the purposes of their practical application, will be considered globally.

Article 6. Personal guarantees.

The working conditions which are higher than those laid down in this Convention, considered as a whole and on an annual basis, shall be respected individually. Such security shall be exclusively personal.

Article 7. Non-discrimination clause.

Both sides pledge to ensure equal pay for work of equal value and for non-discrimination in respect of any of the cases referred to in Article 14 of the Spanish Constitution, as well as to ensure that the appropriate application of the rules governing gender equality.

CHAPTER II

Organization of the job

Article 8. Organizational powers of the Company's Directorate.

The organization of work, as prescribed in this Convention and in the legislation in force, is the faculty and responsibility of the Company's Directorate.

The organization of work aims to achieve an adequate level of productivity in the Company, based on the optimal use of human resources and material resources.

This should be made possible with an active and responsible attitude of the members: Directorate and Workers.

Without the right referred to in the first paragraph, the Workers ' Representatives shall have the functions of guidance, proposal, issuance of reports, etc., in relation to the organization and rationalization of the work, in accordance with the legislation in force, and in accordance with the provisions of this Convention.

In the framework of the Convention and the legislation in force, in each Company the questions will be specified which, in the case of substantial modification of working conditions, will be subject to:

-Information a posteriori.

-Previous information.

-Pre-query.

-Prenegotiation.

The interlocutors for each of these modalities will be the Representatives of the Workers of the same scope (of center or intercenters) in which the measure is proposed.

Article 9. Scope of the Organization.

The organization of the job will be extended to the following issues:

1. The requirement for normal activity.

2. Award of the necessary elements (specific machines or tasks) so that the worker can achieve at least the activities referred to in the previous issue.

3. The fixing of both the "waste indices" and the permissible quality throughout the manufacturing process in question.

4. The monitoring, attention and cleaning of the machinery and tools to be entrusted to the worker, taking into account, in any case, the determination of the quantity of work and activity to normal performance.

5. The implementation, during the period of work organisation, of modifications of methods, tariff, distribution of personnel, change of functions and technical variations, of machines and equipment, especially when, with respect to the latter, obtain and search for a comparative study.

6. The adaptation of the workloads, performance and tariffs to the new conditions that result from the change of a certain operating method, manufacturing process, change of matter, machinery or any other technical condition of the the process in question.

7. The fixing of clear and simple formulas for obtaining the remuneration calculations which correspond to each and every worker concerned, in such a way as to be the professional group of the workers and the position of job, they can easily understand them.

Article 10. Procedure for the implementation of work organization systems.

For the introduction of a new system of yields based on premiums or incentives, fixing the normal and optimal activity and changing the working methods, we will proceed as follows:

1. The Company's management must inform in advance in writing of the new system that is intended to be implemented, to the Committee of the Company or Delegate of Personnel and to the Trade Union Delegates or Representatives of the Trade Union Sections, if the there.

2. In the case of disagreement, the mediation and/or arbitration procedure shall take pla without prejudice to Article 89 of the Staff Regulations:

(a) The initiative shall be communicated to the Joint Committee of the Collective Convention to the sole purpose of knowledge.

(b) For the commencement of the negotiation both parties (company and employee representation) shall agree to their conformity with the commencement of the negotiation or, where appropriate, to motivate their refusal.

c) The opening of negotiations does not imply the loss of life of the collective bargaining agreement, since this will only occur once agreement has been reached for the signing of the agreement in the company.

d) Once the agreement has been reached, the result will be communicated to the Joint Commission for information.

In any case, the parties to the agreement call on all parties to urge them not to create new ace during the period of notice prior to the application of the measure in question.

Article 11. New technologies.

When new technologies are introduced in an Enterprise which can be assumed for workers to substantially change working conditions, or a period of training or technical adaptation not less than two months, they must be communicate the same in advance to the workers ' representatives in sufficient time to be able to analyse and predict their consequences in relation to: employment, occupational health, training and organisation of work.

Workers destined for the modified job will receive the necessary training for the development of their functions, either directly from the Company or through training plans agreed with the Service State Employment Public or other Competent Bodies. From the scheme of such training: affected workers, characteristics, duration, hours and budgets to which they are dedicated, information shall be given to the workers ' representatives.

CHAPTER III

Employment and recruitment

Article 12. Recruitment.

After analyzing together with the workers ' representation the evolution of production in the past year and their relationship with employment, as well as the hiring modalities used in each period of the year, the Each year, the company will examine with this representation the forecasts of the evolution of the workforce, high and low and the various modalities in which it is expected to be produced, as well as the activities to which the hiring goes. The possibility of conversion of temporary employment into indefinite employment will also be discussed. In relation to the subcontracting of tasks or tasks, to be carried out in the company's center or work centers, information shall be given to the Workers ' Representatives within ten days, to be counted from their realization.

In relation to the rights of information that the current legislation gives to workers ' representatives, it is established as a general rule that the companies, where there is no unitary representation, will facilitate in the last quarter of each year to the most representative trade unions and signers of this Collective Agreement the data that they require referring to the number of workers in the workforce, nature and duration of the contracts, as well as forecasts of employment for the 12 months following the date of issue of such data. The Trade Unions shall inform the STANPA Business Organization in advance of the relationship of companies to which they will require the information referred to above for their knowledge and effects. In any case, companies will only be required to provide a comprehensive response to the requested data.

By contract mode, workers are classified as: fixed, fixed-term, casual, interim, and part-time contract, for training and learning and in practice. In addition, any type of employment contract may be concluded, the modality of which is contained in existing labour law.

The hiring of all workers according to the various methods set out here, must be done in writing, and must be included in the contract the days to be carried out by the contract worker, specifying In addition, the work schedule, in accordance with the current business calendar in the company at any time.

The various procurement modalities must be effectively matched to the legally established purpose. Law-fraud contracts shall be deemed to be indefinite for all purposes.

Fixed workers are admitted to the Company without any special mode of duration.

12.1 Recruitment of a given duration: They are contract workers for a given time, who are hired for a certain time, express or tacit, or for defined works and services, provided that this is agreed in writing. For this purpose, workers employed for a given time shall have the same rights and equal treatment in employment relationships as other employees of the workforce, except for the limitations arising from the nature and duration of the contract. of your contract.

12.1.1 Eventual Contract: Those hired to attend to the circumstantial requirements of the market, accumulation of tasks or orders still being dealt with the normal activity of the Company, provided that Written record.

The contract will have a maximum duration of nine months within a period of twelve months or twelve months within a period of eighteen months, with the extensions provided for in the Act.

12.1.2 Contract of Work or Service: In order to enhance the use by the companies of the sector of the contracting modalities provided by the Law and to facilitate the interest of the Companies in the own hiring, it is agreed to create a particular contract of work or service, as provided for in Article 15.1 of the Staff Regulations. The maximum duration of this type of contract shall be four years.

This contract mode may cover all tasks or works sufficiently differentiated by the additional volume of work they represent, which, limited in time and the duration of which can be envisaged, are direct or collateral related to the work of the Company. In the use of this contractual mode, the Company shall give the workers ' representatives, within a period not exceeding ten days from the conclusion of the contract, the cause which is the subject of the contract, as well as the working conditions of the workers, specifying the number of contract workers, assigned professional groups and the expected duration of their recruitment. It will also be aware of the causes and timing of its completion. This inclusion of this mode of employment in this Convention shall not in any case represent a limitation to the contractual modality provided for in Article 15.1 (a) of the Staff Regulations.

12.1.3 Interinity Contract: It is interim workers who enter into the Company expressly to cover the absence of a worker on: special leave, leave of absence or suspension of the paternity and maternity contract, holidays, sickness or similar situations, and shall cease without any right to compensation when the holder is incorporated. If the absent fixed worker does not reintegrate within the relevant time limit, the Company's management may dispense with the interim worker by resolving the contract at the time corresponding to the end of the reservation of the post, provided that be in writing. In another case, the interim will become part of the firm's template on a fixed basis. If the duration of the stay is more than two years, except in the case of a special leave of absence, the worker, to his or her retirement, shall receive compensation of 20 days per year or fraction.

12.2 Part-Time Contract: The worker shall be deemed to be engaged on a part-time basis when providing services for a number of hours per day, per week, month or year, less than that considered as usual in the Company, in these periods of time. Part-time contract workers shall have the same rights and equal treatment in employment relationships as other employees of the workforce, except for limitations arising from the nature and duration of their contract.

The part-time contract must necessarily be cofinition of the Professional Groups.

The Professional Groups group the various tasks, activities and functions performed in the Perfumery and Purposes Industry, within the functional organic divisions in which companies can be divided.

These Functional Organic Divisions can be:

A) Administration.

B) Production (research, manufacturing, quality control, maintenance).

C) Commercial (marketing, technical-commercial, sales).

D) Distribution.

E) General Services.

F) Human Resources-Labor Relations.

Factors for determining membership of a Professional Group:

I. Competence:

A) Technical Competence: Knowledge, experience and skill required for the performance of the post (Training-Specialization-Practical Experience). The indications to the levels of training shall be understood as referring to the qualifications reflected in the Convention or the equivalents at any time.

B) Competition Directive: Integrate, coordinate and control activities and functions.

C) Competition in Human Relations: The one required to achieve results through others.

II. Committed-Initiative:

A) Level of activity-functions to perform and/or problem-situations to resolve.

B) Guides, rules, references for the performance of activities and/or problems to be solved.

III. Responsibility:

A) Possibility and real need to make decisions in different areas or levels.

B) Assumption of risk by decisions and their consequences or impacts.

Article 18.1 Definition of Factors for Professional Classification.

I. Competence:

A set of knowledge, experience, and skill required for the normal performance of a position regardless of its acquisition form, related to a business function or activity.

1. Technical competence: Competence required by the complexity of the functions and which is concrete in practical, technical, knowledge and experience procedures.

(a) Training: Consider the minimum and sufficient initial level of theoretical knowledge that a person of average capacity must possess in order to successfully perform the duties of the job after a period of practical training.

b) Specialization: Considers the requirement of specialized or complementary knowledge to basic initial training.

c) Practical Experience: Consider the time period required for a person of average capacity, and possessing the training specified above, to acquire the practical skill required to perform the job, obtaining sufficient performance in quality and quantity.

2. Directive Competition: Competition required by the extent of the management with which the post is faced to integrate, coordinate and control different resources, activities, functions, groups and objectives.

3. Competence in Human Relations: Competence required to achieve results through others by motivating and influencing people within and/or outside the Organization.

II. Committed-Initiative:

Quality and autonomy of the thought required by the position to identify, define and find solutions to the problems presented to it (use of the competition), as well as the greater or lesser dependence of guidelines or rules.

III. Responsibility:

Condition of "answering" for actions and decisions and their consequences. It implies freedom to act on the level of decision and action autonomy given to the job for the achievement of its results.

Clarifying notes:

1. The classification contained in this Article shall be carried out by analysis, interpretation, analogy, comparison of established factors and by the most representative basic activities developed and shall be kept in mind when qualifying jobs, the size of the Company or the area or productive unit in which the function is developed.

2. In the case of concurrent in a position of type or basic activities corresponding to different Professional Groups, the classification will be done according to those of the Higher Professional Group.

3. In no case, classification shall not mean that additional activities which could be basic-type for jobs included in professional groups are excluded from the jobs of each of the working groups. different.

4. The mere coincidence in the terminology of the denomination of the activities or the jobs in different companies will not serve as a criterion of classification, but only the analysis of its content.

5. The fact that a worker is in possession of an individual or all the skills required to be classified in a given Professional Group does not imply his or her attachment to it, but that the classification is determined by the requirement and exercise of such powers in the relevant functions.

Article 18.2 Professional Groups.

Professional Group 0.

Workers belonging to this Group plan, organize, direct and coordinate the various activities of the Company's development.

Its functions include the elaboration of the organizational policy, the general approaches to the effective use of human resources and the material aspects, the orientation and control of the activities of the organisation, in accordance with the established programme, with the policy adopted; the establishment and maintenance of productive and support structures and the development of industrial, financial or commercial policy.

Make decisions or participate in their elaboration. They perform high management or execution of the same levels in the divisions, factories, plants, departments, groups, etc., in which the Company is structured and which always respond to the particular ordination of each one.

Professional Group 1: Primary Level.

I. Competence:

Technical Proficiency:

Training: Primary studies.

Specialization: None.

Practical experience: Minimum adaptation period (up to 1 month).

Directive Competition: Not required.

Competition in human relationships: Not needed.

Coexistence and normal treatment with others.

II. Committed-Initiative:

Simple, repetitive jobs that do not require a period of training, under clear and detailed rules or instructions.

III. Responsibility:

Job execution is subject to direct and upcoming monitoring and dependency. The consequences of unintended errors have little influence on processes and are easily detectable and subsable.

Type or main activities:

-Els="parrafo">This professional structure aims to obtain a more reasonable productive structure, all without merit of the dignity, opportunity of promotion and just retribution that corresponds to every worker. The present positions and tasks shall be in accordance with the groups established by this Convention.

In Annex No. 1 to this Convention, as an integral part of this Convention, the questionnaire model is collected for consultation with the Joint Committee on Classification in Professional Groups.

Article 18. Dethe person responsible for the services; weighing and dispatch of the goods, with compliance with apbarans and parts.

-Driving of vehicles, with or without distribution, requiring meat classes A and B1.

-Any other analogous that responds to the general and training factors attributed to this professional group.

Examples/References: (Clarification Note 4).

Administrative/(without specialization), Receptionist-Telefonista, Jury or with weapons, Seller/a Stand or Counsellor/Beauty, Charger/Payer, Laboratory Auxiliary, Driver (A and B1), Verifier, Operary/a Manufacturing.

Professional Group 4: Official level.

I. Competence:

Technical Competition:

Training: Equivalent to B.U.P. or FP-II.

Specialization: Knowledge about a professional craft or procedures at a developed level.

Practical Experience: The systematic skill required can be obtained between 1 and 3 years.

Directive Competition: Not required.

Competition in human relationships: It is not needed, except in commercial positions.

Coexistence and normal treatment with others.

II. Committed-Initiative:

Expertise in developed trades, procedures, or systems.

III. Responsibility:

The execution of the work is subject to established instructions, practices and procedures, with supervision on the progress of the work and its results, and with a certain level of autonomy.

Type or main activities:

-Secretariat without language domain.

-Outline, drawing, design, and layout tasks for models.

-Administrative tasks that require additional specialisation to the usual practices and which may involve frequent telephone or direct relationships with customers or suppliers.

-Central computer operator.

-Order fulfillment, merchandise review, and distribution tasks, with record in the books or machines to the effect, of the daily movement.

-Sales activities on visit to clients.

-Technical-commercial activities on application and product advice to clients.

-Activities of the operation, control, surveillance and regulation of the production process, in lines of packaging or conditioning, with the assignment of the operations to be carried out in the places of work that make up the chain.

-Physical, chemical, or biological analysis tasks and laboratory determinations performed under monitoring.

-Tasks of classic trades: masonry, electricity, etc., at the level of trade developed.

-Driving with or without distribution requiring Class C, D or E. meats

-Any other analogous that responds to the general and training factors attributed to this professional group.

Examples/References (Clarification Note 4).

Administrative (with specialization), Secretariat (no language domain), Aprovisionator/a, Seller/a, Beauty Demonstrator, Laboratory Analyst, Classic and/or Manual Trades Officers, Computer Operator central, etc.

Professional Group 5: Specialist Level And/or Intermediate Command.

I. Competence:

Technical Competition:

Training: Equivalent to B.U.P. or FP-II, completed by a training developed in some advanced procedure.

Specialization: Knowledge about a trade or professional procedures at an advanced level.

Practical Experience: The systematic skill required can be obtained over a period of more than 3 years.

Directive Competition: If given in the post, it is the first degree of command in an Organization, at the level of task or activity monitoring (sometimes, "primus inter pares").

Competition in Human Relations: Demanding a first level of capacity in human relationships to motivate collaborators.

II. Committed-Initiative:

Expertise in advanced trades, procedures, or systems.

III. Responsibility:

Job execution is subject to total or partial to established plans and programs, practices and procedures based on clearly defined precedents or policies.

Type or main activities:

-Tasks consisting of the direct command exercise at the head of a set of operators of the so-called classical trades (masonry, carpentry, painting, electricity, mechanics, etc.).

-Secretariat, with domain of some foreign language.

-Translation tasks, correspondence writing, domain-level interpreter of at least one foreign language.

-Programming tasks in the computer field.

-Advanced accounting tasks, behaving control and balance utilization.

-Tasks that involve responsibility for the coordination and oversight of surveillance.

-Tasks and responsibility for supervision in laboratories or set of laboratories at the advanced level of trade.

-Activities involving the responsibility of a shift or a production unit that may be seconded by one or more workers of the lower professional group.

-Stéticists, that is, personnel hired according to the Official Diploma of Vocational Training or approved of Estethicist, capable of knowing in depth the qualities and components of the products, which normally apply special treatments, combining these functions with those of conducting training and/or information meetings on products and treatments.

-Any other analogous that responds to the general and training factors attributed to this professional group.

Examples/References (Clarification Note 4).

Address Secretariat (with idiom/s), Traductor/a-Interpreter, Buyer/a, Informatics Programmer, Accounting, Official Diploma, Beauty Monitor, Controller/to Chemical Processes, Manufacturing and/or Control of Quality, Counterpart, Charging/a.

Professional Group 6: Professional Level and/or Section Headquarters.

I. Competence:

Technical Competition:

Training: Equivalent to Middle Grade Academic Training, completed by a specific training in some functional specialty.

Specialization: Knowledge about a domain-level craft or functional procedures.

Practical Experience: The systematic skill required can be obtained over a period of more than 5 years.

Directive Competition: If given in the post, it is the first degree of command in an Organization, at the level of integration, coordination and monitoring of homogeneous or heterogeneous tasks or activities.

Competition in Human Relations: Demanding a first level of capacity in hum

-Activities in the elaboration of cosmetic, dentifrice, perfumery and analogous forms that require a high degree of specialization and skill.

-Transport and palletizing tasks performed with motor-to-motor mechanical elements.

-Warehouse activities which, in addition to manual preparation, packing, loading, unloading, stacking and distribution tasks with or without mechanical elements, driving forklift trucks, involve checking entries and exits of goods, under instructions and giving account to leaving the relevant court open for any complaint.

In any case, the negotiation does not imply the need for the mutual agreement at the level of the Company, between the representatives of the Workers and the Directorate for the establishment of the new professional classification, it should be forgotten that in the conflicts on professional classification it will be the worker or workers affected who would have to accept or not their new professional classification.

In those companies where the classification of the jobs in professional groups has not yet been carried out, the Directorate of the same or the representatives of the workers will present to the other party, a proposal in order to complete a negotiation during the year 2016.

Individual guarantee: In order to prevent any kind of discrimination from changing from one system to another, to all those workers who come together in a situation of lower or higher value for the needs of the organisation of work, they shall be included in the same professional group in which the other workers who perform the duties or functions performed before the present change are included.

Article 20. Annual review.

The adequacy of the current professional classification in the Company will be examined annually to the modifications produced as a result of technological or organizational evolution. In the cases of disagreement between the Company and the Workers ' Representatives it shall proceed as indicated in the previous article.

Article 21. Functional mobility.

A functional mobility may be carried out within the professional groups, when this does not involve a transfer of locality. They shall exercise limit for the same, the suitability and fitness requirements necessary for the performance of the tasks entrusted to that worker.

Workers subject to such mobility will be guaranteed their economic and professional rights in accordance with the Law.

Workers ' representatives, if any, may obtain information on the decisions taken by the Directorate of the Company regarding functional mobility as well as the justification and cause thereof, Companies are obliged to provide it.

CHAPTER V

Revenue, promotions, templates, transfers, changes of posts and cessation

Article 22. Revenue.

The income of the workers, whatever their form of hiring, will always be in accordance with the legal norms in force at every moment on the subject matter.

For entry as a template, they will have a right of preference, on equal merits, who have performed or perform functions in the Company, subject to any temporary hiring mode, including part-time contracts, for training or for traineeships.

In each work or enterprise center, the Address will determine the selective tests to be performed for the income and the documentation to be provided by the applicants.

The Company's management will communicate to the employees ' representatives the position or positions they intend to cover, the conditions to be met by the applicants and the characteristics of the selection tests. The Workers ' Representatives shall, where appropriate, ensure their objective application, as well as the non-discrimination of women in the entry into the workforce.

Article 23. Test period.

The income of the workers shall be considered as a test, the period of which shall be variable according to the nature of the posts to be covered and which shall in no case exceed the time fixed at the following scale:

-Technical and Titled Personnel or Groups 6, 7, and 8: Six months.

-Non-Titled and Administrative Staff or Groups 4 and 5: Three months, except for commercial personnel who will be 6 months.

-Specialists or Group 3: One month. For staff selling on stand it shall be six months when they are contracted for an indefinite period of time and three months in the case of fixed-term contracts.

-Unqualified workers or Groups 1 and 2: One month. For staff classified as Group 2 sales assistant, it shall be three months when they are contracted for an indefinite period and two months in the case of fixed-term contracts, provided that in the latter case the contract is first in the company and in the same professional group.

These periods will be effective work. The situation of temporary incapacity, maternity, risk during pregnancy and during the natural lactation of a child of less than nine months, suspension of the contract for paternity or by decision of the person victim of gender violence, as well as all the Adoption or acceptance scenarios will interrupt the computation of this period, which will resume from the date of effective incorporation into the work.

Only the worker is understood to be subject to the probationary period if it is written in this way. During the trial period, by the Company and the worker, the contract may be freely resolved without notice and without any right to compensation.

When the worker who finds himself performing the probationary period does not exceed it, the Company's Management will be obliged to communicate it to the Workers ' Representatives.

In the case of indefinite hiring, after the test period, the workers will enter as permanent staff, and the test period will be computed for all purposes.

Business training courses will be considered for all purposes as the time of the trial period.

Article 24. Promotions.

Promotions will be subject to the following regime:

1. The promotion of workers to tasks or jobs involving command or confidence, such as the functions of Directorate, Head, or other similar tasks, as well as the Counter-Stress, Charters, Capataces, Delegates and Inspectors, Concierge, Cobro, Vigilance or Guarda, will be free to be appointed by the Company.

2. For the promotion to the rest of the jobs, the enterprises which do not have their own system agreed with the representation of the workers, will establish an opposition contest based on a system of objective character, taking as reference the The following circumstances: appropriate qualification, academic assessment, knowledge of the job, professional history, having performed the role of a higher professional group and successfully overcoming the tests which set.

In the same conditions of suitability and seniority, the ascent to the person of the least represented sex in the position to occupy will be attributed.

The system of valuation made by the Directorate will be preceptively ruled by the Workers ' Representatives, if any. In the event that there was a disagreement to estimate the workers ' representatives that the system lacks objectivity, in a joint meeting, both sides will try to negotiate a agreed solution. If, in spite of this, it is materially impossible to reach the agreement, the workers will be left open to the complaint to the Authority or Labour Jurisdicto the mediation and/or arbitration procedures provided for in this Convention.

e) Where there are no workers ' representatives, they can go directly to the Joint Commission.

To resolve the proposed mediation or to respond to the query, the Joint Commission may examine the Company in question, the characteristics of the activity object of disagreement or consultation.

After the interpretation of the Joint Commission is known, the Company's management will apply the new professional classification,en the return to her previous job or the continuity in the new one. In the latter case, the said reserve obligation shall lapse.

Article 29. Job changes.

In the case of workers who are forced to join a professional group other than their own, they must be reintegrated into the group of origin as soon as they have vacancies in their group and always have in counts the scale.

Workers paid for weaning or premiums involving the collection of special allowances for remuneration may not be attached to other work of a different scheme, except where they measure causes of force majeure or technical requirements of the holding so require.

Article 30. Work of a different professional group.

The Company may, in case of need, be able to direct the workers to carry out work from a different professional group to their own, reintegrating the worker into their old position when the cause of the change ceases.

In the case of a higher group, this change shall not be longer than six months uninterrupted or eight alternate months within one year, except for cases of replacement by disease, accident at work, licences, special leave of absence and other similar causes, in which case the situation shall be prolonged as long as the circumstances in which the situation has been caused remain. After four uninterrupted months or six alternate months, with the exceptions indicated, the opposition shall be convened in accordance with Article 22. As long as the work of a higher group is performed, the remuneration shall be the same.

In the case of a lower group, this situation cannot be extended for longer than two uninterrupted months, while retaining the remuneration for the group of origin. In no case shall the change imply the detriment of human dignity. In this sense, the companies will avoid repeating the work of inferior group with the same worker. If the change occurs at the worker's request, your salary will be conditioned according to the new professional group.

Article 31. Volunteers cease.

Workers who wish to cease voluntarily in the service of the Company will be obliged to put it in the knowledge of the Company, fulfilling the following periods of notice:

-Technical Staff Titled, Non-Titled Technical Staff, Groups 7 and 8: Two months.

-Groups 4, 5, and 6: One month.

-Within the professional group 4, workers belonging to the functional organic divisions of production or maintenance, will be obliged to put it to the knowledge within a period of fifteen days.

-Staff Rest: Fifteen days.

The failure of the workers to comply with the obligation to pre-notify them in advance will entitle the Company to discount the amount of the salary of one day for each day of delay in the company. warning.

The Company will be obliged to liquidate at the end of the term the fixed concepts that can be calculated at such a time and with the formalities required in the legislation in force. Failure to comply with the settlement period attributable to the Company shall entail the right of the worker to be compensated with the amount of one day for each day of delay in the liquidation, with the limit of 15 days. There will be no such obligation and therefore no such right is born if the worker did not notice in advance.

CHAPTER VI

Pay Policy

Article 32. Remuneration system.

The remuneration of personnel covered by this Convention shall be made up of the base salary and the allowances thereof.

Article 33. Payment of wages.

The payment of wages will be made in cash, within the working day, for weeks, tens, fortnightly or months, or by cheque or bank transfer. Where the Company chooses to make the payment by bank transfer, it shall be ensured that the current account or the worker's book is paid on the usual date of payment, and shall have a free effect in relation to the the obligation to collect the worker's signature on the receipt of wages. This shall not exempt the Company from its obligation to deliver to each worker its individual payroll in each of the payments.

The payroll or receipt of wages shall be deemed to be provided with their making available, by means of telematic means or the company's intranet, to which workers have access to their job and allow their printing, with the corresponding stamp and signature of the company.

As for the payment of advances, the provisions of the current legislation will be in place.

Those companies that have established extraordinary payments must make their credit before the 15th day of the month or months concerned or, after agreement with the worker and information to the representatives of the workers, by extending the same in the 12 ordinary monthly allowances.

Article 34. Minimum Guaranteed Salary.

For the year 2015, the minimum guaranteed salary of 14,455.73 gross euros per year and 14,643.65 euros for the year 2016 is allocated for the year 2015.

The Guaranteed Minimum Wage (S.M.G.) shall be composed of all the remuneration concepts to be paid by the employees of each undertaking in normal activity in measured or usual work in unmeasured work, in normal and complete working day, unless you have a different regulation in a business agreement.

Not included in the S.M.G. the age and the mandatory plusses.

The Wages Agreement per Professional Group in no case will be inferior to the S.M.G. of the same. To this end, the necessary part of the Plus Convention may be absorbed or any other fixed concept which the worker receives in normal and complete working and working time and which has not yet been incorporated into the Plus Convention. This Agreement Salary will not serve as a reference for the calculation of seniority or other plusses, nor will it represent any increase in wages for this unification.

Professional Groups. Annual minimum wage table in each professional group for the year 2015 is as follows:

Group 1: EUR 14,455.73.

Group 2: EUR 15,467.61.

Group 3: € 16,768.66.

Group 4: EUR 18,647.95.

Group 5: EUR 21,249.97.

Group 6: € 24,863.90.

Group 7: 30.212.57 euros.

Group 8: EUR 38,307.80.

For year 2,016 the table will be increased by the percentage resulting from the agreed increment (1.3%), resulting:

Group 1: EUR 14,643.65.

Group 2: EUR 15,668.69.

Group 3: € 16,986.65.

Group 4: 18.890.37 euros.

Group 5: 21.526.22 euros.

Group 6: € 25,187.13.

Group 7: € 30,605.33.

Group 8: 38.805.80 euros.

Article 35. Wage increases.

I. Wage reference model: Tht she is forced to leave the job in the locality where you were providing your services, to make your protection effective or his right to comprehensive social assistance, he shall have the right, upon request, to take up another job, of the same professional group, which the undertaking has vacant in any other of its workplaces.

The transfer or change of work centre will last for six months, during which the Company will have an obligation to reserve the job previously occupied by the worker. After this period, the worker must choose betweon.

Article 37. Salary update clause.

In the case that the sum of the Spanish general CPI corresponding to the years 2015 and 2016 is higher than the sum of the increases agreed in the collective agreement for those years, a update of the relevant concepts, in the indicated difference and without retroactive effect, as soon as this circumstance is officially established.

To give this update will apply to the tables of SMG (article 34), Pluses (article 39) and Displacements and diets (article 40) in force at 31 December 2016, in those companies that do not have an agreement of their own.

The update that, if applicable, will serve as the basis for any increase that could be agreed in the year 2017.

Article 38. Age.

The age plus for the workers affected by this Convention, will remain frozen in its current calculation basis, following its natural evolution the annuities, trienes, quinquenies and other models in force in the sector.

For newly created companies, it will be applied as a reference model for two triennial and five five-year periods, with the following amounts being paid:

Annual model: 31.37 euros/year.

Trienes: 78.43 euros/year.

Quinquenios: 156.86 euros/year.

The above figures are applicable to all Professional Groups.

Article 39. Pluses.

With the exception of mandatory plusses (turnicity, rotation of schedules, nocturnity and penosity), all other pluses are extinguished in their concept and current value, passing their amount to be part of the plus convention:

1. Mandatory plusses, when the circumstances of their perception arise, are compatible with each other.

2. The mandatory plusses which were paid before the entry into force of this Convention will be increased by the agreed percentage, with the amounts of the M.S.B. being purged.

3. Those originating from this Convention shall be calculated on the basis of the following table:

Group 1: EUR 25.41/day.

Group 2: 27.18 euros/day.

Group 3: EUR 29.50/day.

Group 4: EUR 32.75/day.

Group 5: 37.29 euros/day.

Group 6: 43.72 euros/day.

Group 7: 53.09 euros/day.

Group 8: 67.30 euros/day.

And apply the following percentages:

a) Nocturnity: 25%

b) Penosity: 10%

c) Turno closed (Art. 43): 10% of the Group 3 base cited in this article.

d) Turno continuous (Art. 43): 15% of the S.M.G. of the Professional Group 3, to be applied on all groups linearly.

The amounts that are currently being collected for working shifts, even if they have a different denomination, will become part of the plus of tournicity, respecting in any case, those conditions that are more beneficial for the workers who are here.

e) Rotation of schedules (Art. 44): 5% of the Group 3 base cited in this article.

4. In application of the rules on the prevention of occupational risks, it is a priority to eliminate toxicity risks. In the event that no such risks have been eliminated in any company and as long as the workers remain exposed to them, they will continue, until their disposal, by perceiving the equivalent of the penalty plus.

5. For the year 2016, the tables shall be increased by the agreed percentage as set out in Article 35, resulting:

Group 1: EUR 25.74/day.

Group 2: EUR 27.53/day.

Group 3: 29.88 euros/day.

Group 4: 33.18 euros/day.

Group 5: 37.77 euros/day.

Group 6: 44.29 euros/day.

Group 7: 53.78 euros/day.

Group 8: 68.17 euros/day.

Article 40. Displacements and diets.

Workers who, because of the need of the Company, have to travel or travel to populations other than those in which they radiate their work center, they will receive, except in the cases in which the Company is set up another more beneficial compensation scheme, a diet of EUR 19,65 when performing a meal outside and overnight at home; EUR 33.60, when they make the two meals outside, overnight at their home, and EUR 66.99, when, in addition of the two meals outside, stay out of your home.

These diets will be fully earned on the day of departure.

The expenses of the company will be charged, which will establish the most suitable means of transport. Workers shall also justify the amount of the expenditure incurred after that.

When the means of locomotion, which are cost to the Company, and the distribution of the timetable allow the worker to make meals at home, they will not be entitled to receive a allowance.

When the worker uses his or her own vehicle, it shall be established, after agreement between the Company and the worker, an amount per kilometre, for which the calculation shall be taken into account, the cost of the factors which In the case of vehicle maintenance, depreciation, accident insurance, etc., taking into account what is established in this respect by the specialised journals in this field, without in any case the quantity per kilometre below the EUR 0.32.

For the year 2016 the allowance amounts will be as follows:

-19.91 euros when you are making a meal out and overnight at your home.

-34.04 euros, when you make the two meals out, overnight at your home.

-€ 67.86, when, in addition to making the two meals out, stay out of your home.

-The mileage calculation basis is maintained at 0.32 euros/km.

Article 41. Incentives.

At the initiative of the Company, the salary supplement may be established either by quantity or by quality of work, consisting of premiums or any other incentives which the worker must receive on the basis of higher quality or greater amount of work, whether or not they are linked to a performance pay system. The introduction or modification of an incentive system in no case may result in the same activity as a loss of the worker's remuneration.

Claims that may arise in connection with the tariffs of these supplements must be submitted to the Workers ' Representatives. If it is not resolved within the Company, the appropriate complaint can be made to the Social Jurisdiction, without the application of the fee to be applied.

For these purposes, the worker will retain, regardless of the returns he achieves with the new values of time, the average of the perceptions that he would have obtained during the twelve weeks prior to the initiation of the test.

If, during the trial period, the worker or workers concerned obtain higher than normal performance, they shall be rous calculations, the workers will be told by exposing it in the bulletin board.

For the year 2016, the companies will carry out the calculation of their gross wage bill within 60 days from 31 December 2015. Then, in a meeting called to the effect by the Directorate, it will be carried out in the same way as for the year 2015.

Article 36. Wage inimplementation.

The content of this article, together with the non-application of other working conditions, is governed by Article 94 of this Conventiest shall be fixed, if possible, within the following three months by agreement between the worker and the undertaking, while respecting the needs of the service.

In the event that the company makes use of the fifth and, if applicable, also of the eighth Saturday or day of the book, and no agreement is reached between both parties on the date of the enjoyment of the rest, the option of the worker.

42.2 Reverse flexibility.

The flexible 100-hour bag regulated in the previous article may be used in reverse, where a decrease in the volume or workload is present, as well as when decreases in the demand for the products or services offered by the undertaking on the market, whether structural, cyclical or seasonal, i.e. the activity or production cycle.

It shall be used as a preferred instrument prior to the adoption of decisions affecting the maintenance of employment, whether fixed or temporary.

1. Procedure.

Companies intending to use the reverse flexibility provided for in this Article shall provide reasonable evidence of the existence and current existence of any of the causes governed by the first paragraph of this Article. Article, in which the adoption of the measure is objectively justified.

After delivery to the representatives of the workers of the information and supporting documentation, as well as of the measures of inverse flexibility that the company intends to implement, a period of consultations with the representatives of workers who will have a maximum duration of four days.

The prior consultation with workers ' representatives will deal with the motivating causes of the business decision, the possibility of avoiding or reducing its effects, the measures necessary to mitigate its consequences for the workers directly concerned and the commitments to maintain employment.

Companies will be able to apply flexible hours in reverse as long as the causes justifying the adoption of the measure comply with the following requirements and limitations:

(a) The company shall notify the worker in writing, in a reasoned manner and 5 days in advance of the effectiveness of the reverse flexibility measure, of the need to replace the hours of effective delivery of his/her work which determine the undertaking, including full days, for a compulsory break without any remuneration or labour law. The period of notice to the worker may be at the same time as the period of consultation with the representatives of the workers mentioned above.

(b) The undertaking shall notify the worker in writing, on a reasoned basis and 7 days in advance, of the need to recover the working hours which would have been replaced by a compulsory break in the framework of the Reverse flexibility. Such recovery shall be applicable on working days for each worker on the calendar which he or she rips in the undertaking, unless otherwise agreed with the workers ' representatives, and the scheme shall be respected in any event. breaks established in the law and in this Collective Agreement.

(c) The hours of reverse flexibility applied as a mandatory rest during the first eight months of the calendar year shall be recovered within the calendar year. The hours of reverse flexibility generated in the last four months of the calendar year may be recovered within six months of the following calendar year.

(d) Reverse flexibility shall not apply to persons who are limited in their presence for reasons of reduced working time for any cause referred to in this convention, pregnancy or lactation periods.

e) In the implementation of reverse flexibility, rotation systems shall be taken into account in such a way that it is not always carried out by the same persons. The possibility of permutas among workers will also be established, provided that this is organisationally possible and based on the voluntariness of the people affected.

The hours covered in paragraphs 42.1 and 42.2 may not exceed a total of 100 hours, except for the express agreement between the company and the representation of the workers. This computation does not include the three Saturdays or extra days of book to the five already established.

The extension of three Saturdays or days of bookshelf to eight, as referred to in paragraph 42.1 and the reverse flexibility as set out in paragraph 42.2 shall not apply until 1 January 2016.

In order to achieve the effective fulfillment of the annual day and its daily application, in those sections, departments and areas of work, which for organizational reasons, certain workers will have to prolong their On the initiative of the Company and with the express authorization of the Company, this and the workers affected by common agreement shall regulate the rules, limits and forms of compensation and their use.

Any modification that would exceed this agreed upon will result in the application of the provisions of Article 41 of the E.T., in accordance with the provisions of Chapter XVI of this Convention for mediation and arbitration.

Rest time (snack) will be considered effective working time, where it is established by agreement or express agreement.

Article 43. Shift work.

It is understood by "continuous process", that of the work that, due to technical or organizational needs, takes place 24 hours a day, during the 365 days of the year, although it will eventually be stopped for repairs, maintenance or any other reason other than workers.

It is understood by "closed shift", the one in which the work is developed during the 24 hours of the day, from Monday to Friday, resting Saturdays, Sundays and holidays.

The worker who occupies a job in the above mentioned above, unless he or she is unable to express, must communicate in advance, any incident (absence, delay, etc.) affecting the relay system of his/her post. and, failing that, confirm this as soon as possible, even if you have started the appropriate day. In the event that the absence of the relay is known to the Company 24 hours in advance, it will be obliged to replace the outgoing one at the end of its day. Companies for these purposes will adjust the modification of the schedules (quadrants) of the workers concerned. The modification that produces such a substitution will be the necessary in time and change of quadrants.

When no substitute is found, in the absence of an unforeseen absence, the worker's position may be required to be relieved with the 4-hour limit.

For the fertilizer of the corresponding plusses, the provisions of Article 39 of this Convention shall be provided.

In order to reconcile personal, family and work life, in the case of companies that have a shift work system in place, and two workers are interested in exchanging the shift in which they are (a) the voluntary membership of a given shift shall be encouraged provided that the circumstances of the worker's work, professional group and professional qualifications permit it.

Article 44. Time rotations.

Using the hours of flexibility above the agreed upon, will require the agreement with the representation of the workers.

Compensation: Compensation for the use of the hours of flexibility on Saturdays or days of book shall be mixed, at a rate of 1.25 hours for each hour worked so that one hour shall be compensated by paid rest and 0,25 shall be compensated in cash. The time of r"parrafo">As from the date of signature of this Convention, where a system of rotation between two hours is introduced in the working arrangements, the undertakings concerned must compensate the employees affected by that rotation with a rotation of schedules in the amount set out in Article 39 of the Convention (pluses).

This plus will be paid except that, within the framework of the Company, the rotation of schedules is already integrated and contemplated in another wage concept or that the salary has been established taking into account that the work is rotating by its own nature or have agreed with the worker additional compensation for this work system. In no case will it be cumulative to the conditions that are agreed upon by this concept, regardless of the denomination it has.

Article 45. Overtime.

In the face of the existing unemployment situation and in order to promote a social solidarity policy that favours job creation, the limitation of overtime is agreed.

Also, in order to give all its value to the above criterion, in each Company will be analyzed jointly between the Representatives of the Workers and the Company, the possibility of making new hires within the arrangements in place, in place of overtime.

In the light of the above mentioned employment objective and the experience of our European environment in this field, the organisations which are signatories to this Convention urge their representatives to make up for all the extra rest. If a method is not specified in the Company, the option between economic compensation or rest shall correspond to the worker, with the criteria and limitations outlined in the last paragraph of this article.

Also for different types of overtime, the following is agreed:

a) Extraordinary hours of force majeure: its realization is agreed upon in the following assumptions.

-Those that are required by the need to repair claims and other extraordinary and urgent damages.

-Other analogs whose failure to make any obvious and serious damage to the Company itself or to third parties.

-In case of risk of loss of raw materials.

b) The maintenance, in the event of not being foreseeable and replaceable by employment, is agreed upon for overtime corresponding to the following assumptions:

-Those required by orders or peak periods of production, when these are unforeseeable or non-performing, produce serious material or customer losses, and this is evident.

-Unanticipated absences.

-On-going and/or stops.

-Shift changes.

-Maintenance, where the use of the various forms of temporary or partial procurement provided for by the Law does not apply, and its failure to carry out the loss or deterioration of production, and in the event that its failure to perform the failure to repair faults or to ensure the proper implementation of the production.

The overtime in any case, by its nature, will be voluntary, in accordance with the Law, except those whose failure to produce the Company will cause serious damage or impede the continuity of production, and the other cases of force majeure referred to in paragraph (a) of this Article.

The Company's Management will report monthly to the Workers ' Representatives on the number of overtime hours, specifying the causes and, where appropriate, the distribution by sections. In addition to this information and the above criteria, the Company and the Workers ' Representatives will determine the nature and nature of the overtime, depending on what is agreed in this Convention.

Discrepancies may be subject to the mediation and/or arbitration procedures provided for in this Convention.

The realizations of overtime, as provided for in Article 35.5 of the Staff Regulations, shall be recorded on a daily basis, and shall be aggregated in the period laid down for the payment of remuneration, giving a copy of the summary to the worker on the corresponding receipt.

Monthly shall be notified to the Employment Authority jointly by the Company and the Representatives of the Workers, if any, the overtime hours performed with the corresponding qualification for the purpose of fulfilling to the provisions of the current regulations on social security contributions.

Extraordinary hours shall be considered to exceed the hours exceeding the day laid down in accordance with Article 42 of the Collective Agreement. They shall be compensated preferably for rest at a rate of 1.25 ast, an eighth and a maximum of half of the duration of that.

In any case, it is understood as a day of daily work, shift or working time, whether of tomorrow or afternoon, to which the worker is assigned or assigned. Therefore, the time-frame of the reduction of the day must be carried out within the time or schedule that each worker has daily assigned.

It will have the same right to care for the direct care of a family member, up to the second degree of consanguinity or affinity, that for reasons of age, accident or illness cannot be used by himself, crediting this circumstance, and that it does not carry out paid activity.

In those dependencies, sections or productive or commercial units in which they coincide in the time and/or in the hours of reduction of working hours several workers, preserving in any case the right to such reduction, establish, by procuring the agreement with and between them and taking into account the concurrent circumstances, such as leaving the service needs covered.

Article 48. Reduction or reordering of day by victim of gender-based violence.

The person who is the victim of gender-based violence, duly accredited by the corresponding protection order or, while it is being issued, with the necessary formal request for the adoption of a protection order, shall be entitled, to to make effective their protection or their right to integral social assistance, to the reduction of the day with a proportional reduction of the salary or to the reordering of the working time, through the adaptation of the schedule, of the application of the timetable flexible or other forms of time management that are used in the enterprise. The exercise of these rights shall be agreed and specified between the person concerned and the management of the Company. This reduction or rearrangement of working time shall take effect for as long as the circumstances have led to it. Only if the person so requests can be assisted by the legal representation of the workers.

Article 49. Temporary Disability Supplement.

Companies will supplement the benefits of Social Security and Accident Mutuals, up to 100 per 100 of the real wage, in the cases of accidents at work, occupational disease, hospital admission, to the less, 24 hours and maternity.

Article 50. Correction of absenteeism.

The parties to this agreement recognize the serious problem that the absenteeism poses to our society and understand tthis respect, the Competent Jurisdiction shall decide. The excess shall be prolonged for the duration of the charge determined by the person and shall grant the right to occupy the same place as the worker performed at the time of such situation, and the time spent in that situation as an asset to all the effects. The re-entry must be requested within the month following that of his or her cessation of public office.

(b) Sickness, after the time of the temporary incapacity for a period of absence and during the period in which the worker receives the temporary invalidity benefit from the Social Security.

Article 56. Suspension of the contract with the reserve of the job.

(a) In the course of delivery, the suspension will last for sixteen uninterrupted weeks, which can be extended in the case of multiple births in two more weeks for each child from the second. The period of suspension shall be distributed to the person concerned, provided that six weeks are immediately after delivery. In the event of the death of the mother, the father may make use of the whole or, where appropriate, the portion of the suspension period, computed from the date of delivery and without the mother having been unable to neglect the part of the mother enjoy prior to delivery.

However, and without prejudice to the immediate six weeks after the birth of compulsory rest for the mother, in the event that the mother and father work, that at the beginning of the rest period, maternity, may choose to allow the father to enjoy a certain and uninterrupted part of the post-birth rest period either simultaneously or in succession with that of the mother, unless at the time of their effectiveness the incorporation into the Mother's work poses a risk to your health.

In the case of adoption and acceptance, both preadoptive and permanent, of minors up to six years, the suspension will last for sixteen weeks uninterrupted, extended in the event of adoption or acceptance. (a) multiple in two weeks more for each child from the second, counted on the choice of the worker, either on the basis of the administrative or judicial decision of the host, or on the basis of the judicial decision making the adoption, without that in no case can the same minor be entitled to several periods of suspension. In the event that the parent and the parent work, the period of suspension shall be distributed at the option of the persons concerned, who may enjoy it simultaneously or in succession, always with periods uninterrupted and with the limits indicated.

In cases of simultaneous enjoyment of rest periods, the sum of rest periods shall not exceed the sixteen weeks provided for in the preceding paragraphs or those corresponding to multiple births.

In the case of the disability of the child or of the adopted or the child, the suspension of the contract referred to in this article shall be of an additional duration of two weeks. In the event that the parent and the parent work, this additional period of suspension will be distributed to the interested parties, who will be able to enjoy it simultaneously or successively and always on an uninterrupted basis.

The periods referred to in this Article may be enjoyed on a full-time or part-time basis, subject to agreement between the Company and the workers concerned, on the terms which it regulates determine.

In cases of international adoption, where the parents ' prior travel to the country of origin of the adoptee is necessary, the period of suspension, provided for in each case in this Article, may be initiated until four weeks before the decision on which the adoption is constituted.

(b) The person duly accredited as a victim of gender-based violence shall be entitled to the suspension of the contract for a period of six months, unless the actions of judicial protection result in the effectiveness of the contract. The right of protection of the victim requires the continuity of the suspension. In this case, the judge may extend the suspension for periods of three months, with a maximum of eighteen months.

(c) The parent shall be entitled to the suspension of the contract for 13 uninterrupted days in the case of child birth, adoption or reception, both pre-adopted and permanent, of children up to six years of age, or of minors age over six years of age in the case of disabled children, or because of their personal circumstances and experiences, or because they have special difficulties in social and family integration, due to the fact that they are not competent social services.

This period will be extended in the event of birth, adoption, or multiple acceptance in two more days for each child from the second.

The worker must inform the company, in good time, of the exercise of this right so that it can take appropriate measures, unless the delivery is premature.

CHAPTER IX

Disciplinary regime

Article 57. Regime of faults and sanctions.

Workers may be sanctioned by the Business Directorate, in accordance with the graduation of the faults and penalties provided for in the following articles.

Article 58. Graduation from fouls.

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

Article 59. Minor fouls.

The following are considered minor faults:

1. The lack of punctuality, three in one month, in the attendance at work, with a delay of less than thirty minutes in the time of entry.

2. Do not take appropriate leave in due time, when the work is lacking for justified reasons, unless it is proved impossible to have done so.

3. The abandonment of service without cause founded, even if for short time. If, as a result of the case, any consideration is given to the Company or to the cause of an accident to his or her colleagues, this fault may be considered to be serious or very serious, as the case may be.

4. Small neglects in the preservation of the material.

5. Lack of grooming and personal cleansing, where such, that may affect the production process of the Company.

6. Do not attend to the public with due diligence and correction.

7. Do not communicate to the Company changes of residence or domicile.

8. Discussions on matters not related to work within the Company's premises. If such discussions produce a notorious scandal, they may be considered as serious or very serious misconduct.

9. Missing work one day per month without cause for justification.

10. Those that are non-compliance with the regulations on the prevention of occupational risks and the internal rules of the Company in this respect, provided that they are of serious importance for the physical integrity or the health or of the rest of the workers.

11. Smoking in the workplace, in application of the legislation in force.

The worker who does not apply for re-entry one month before the termination of his or her leave will cause the Company to be permanently low.

III. Special excess.

It will result in the situation of special staff surplus, any of the following causes:

(a) Nomination for public office, where its exercise is incompatible with the provision of services in the Company. If discrepancies arise in p class="articulo">Article 60. Serious fouls.

The following are considered to be serious faults:

1. More than three unjustifiable faults of punctuality, greater than five minutes, in attendance at work in a period of thirty days.

2. Absence without cause, for two days for a period of 30 days.

3. Do not communicate with due punctuality, changes experienced in the family, which may affect the Social Security and the employer's obligation to practice the corresponding withholding tax on the Income of Persons Physical.

4. Give yourself to games or distractions at work hours, including by using particular means or tools.

5. The simulation of illness or accident.

6. Disobedience to his superiors in any matter of work. If it involves a manifest breach of the discipline, or if it is caused to the Company, it may be considered to be very serious.

7. Simulate the presence of another worker, by signing, answering, or signing by.

8. Neglect or neglect at work, affecting the good running of the service.

9. The recklessness in the act of work. If there is a risk of accident to the worker, to his or her companions or danger of damage to the facilities, it may be considered to be very serious.

10. Perform, without the appropriate permission, particular works during the day.

11. The use of tools and work equipment owned by the company, including computer and communication media (e-mail, intranet, internet, desktops or laptops, mobile phones, removable memories, etc.) provided to the employee for their professional use, for purposes and uses other than those related to the content of the labour supply.

12. The drunkenness out of act of service wearing the uniform of the Company, provided that it can be identified by the Company.

13. Those who have failed to comply with the rules on the prevention of occupational risks and the internal rules of the Company in this respect, provided that they create a serious risk to the physical integrity or to the health or the rest of the workers, in particular on individual protection measures.

14. The recidivism in a slight lack (excluding the punctuality), even if it is of different nature, within a trimester and having mediated written communication.

Article 61. Very serious fouls.

The following are considered to be very serious:

1. More than ten non-justified faults in punctuality, exceeding five minutes committed over a period of six months or twenty for one year.

2. Fraud, disloyalty or breach of trust in the efforts entrusted to them. Theft or theft, both to the Company and to the co-workers or any other person within the Company's premises or during work anywhere else.

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

4. The conviction for the offence of theft, theft or embezzlement, committed outside the Company, or any other kind of facts which may involve the company, distrust of its author, and, in any case, the duration of more than six years, dictated by the Courts of Justice.

5. The continued and usual lack of grooming and cleanliness, such as this, that produces justified complaints from colleagues.

6. The usual drunkenness, which may have a negative impact on the work, unless the worker has put the necessary means through the appropriate treatment through the public medical or psychological services which certify him, normalise both your health and your working life.

7. Violate the secret of the correspondence or reserved documents of the Company or disclose required reservation data to elements other than the same.

8. Ill-treatment of word or deed, abuse of authority or lack of respect and consideration for bosses or their family members, as well as colleagues and subordinates.

9. Causing serious accidents through negligence or recklessness.

10. Abandon the job in a position of responsibility.

11. The voluntary and continuous decrease in the normal performance of the work, provided that it is not motivated by the exercise of any law recognized by the laws.

12. He causes frequent squabbles and pendences with co-workers.

13. The abuse of authority and the moral or sexual harassment among employees, regardless of their professional group, will always be considered to be very serious. He who will suffer it will immediately put him in the knowledge of the Directorate of the Company or the Representatives of the Workers. The opening of an adversarial file shall take place on the basis of the complaint lodged.

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

15. Smoking in the centre of work where there is a special risk, duly signposted, where products or combustible and/or flammable products or substances are stored, transferred or manufactured at risk of explosion or fire.

16. Actions or omissions that result in breaches of the Company's internal rules, procedures or instructions, in application of the regulations on the prevention of occupational risks, resulting in a certain and imminent risk to the integrity (a) physical or health or other workers ' health, as well as for the facilities, machinery and premises of the undertaking.

Article 62. Sanctions regime.

It is for the Company, the power to impose sanctions in the terms of the provisions of this Convention.

The sanction of minor and serious faults, will require written communication, motivated to the worker and that of the very serious faults, will require processing of file or summary procedure in which the worker concerned is heard.

The requirement for a file or summary procedure shall be understood with the written communication to the worker in which the charges are imposed and the time limit of three working days is granted to him, so that he may present the corresponding discarding specifications.

In any event, the Company shall give written account to the Representatives of the Workers in their case, and on the same day as the affected person, of any sanction or file.

Article 63. Maximum penalties.

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

a) For minor faults. Verbal admonition, in writing and suspension of employment and salary up to two days.

b) For serious faults. Suspension of employment and salary of three to 15 days.

c) For very serious faults. From the suspension of employment and salary from sixteen to sixty days, until the termination of the contract of employment, in the cases where the absence is qualified to a maximum degree.

Article 64. Prescription.

The faculty of the Company to sanction, shall prescribe for minor faults, at ten days, for serious faults within twenty days, and for very serious ones, at sixty days from the date on which that knowledge of his commission, and in any case within six months of having been committed.

CHAPTER X

Safety and health care

Environment

Article 65. Safety and occupational health.

The application of the Law on the Prevention of Occupational Risks, as well as its provisions for development or complementary and other rules concerning the adoption of preventive measures in the field of work, pursues not only the Management of the obligations and responsibilities of actors immediately related to the work done, but to foster a new culture of prevention and a new way of acting in front of it.

Therefore, the protection of workers ' health is a basic and priority objective of the signatory parties and they consider that to achieve this, the establishment and planning of preventive action in the (a) the work centres and undertakings which have at last the disposal or reduction of the risks at their origin, on the basis of their assessment, taking the necessary measures, both in the correction of the existing situation and in the technical and Business organization, to adapt the work to the person and protect their health.

In any event, the employer shall inform such young persons and their parents or guardians who have intervened in the procurement, of the possible risks and of all the measures taken to protect their safety and health.

9. Protection of workers particularly sensitive to certain risks.

The protection of workers who, by their own personal characteristics or known biological status, including those who have a recognised physical, mental or physical disability, shats:

-Organization of prevention: dedicated resources, location in the organization of the Company and general principles that inform prevention in it.

-Implementing rules for the supervision and maintenance of work equipment and facilities, as well as working methods and risk assessment.

-Security and prevention systems and emergency plan in the event of a serious accident.

plan will be drawn up and agreed within the Committee on Safety and Health for final approval, on the basis of the assessment which will enable the situation of the various positions in the workplace to be known, the level of risk in them and which can be used as a basis for taking the corrective measures necessary for their reduction and disposal. The risk assessment at each work place shall be reviewed whenever changes are made that may alter the exposure to risk factors that may exist and whenever an accident occurs.

4.2 The Company will draw up a risk map, based on its assessment, to enable it to be aware of the situation of the various workplaces in the workplace with regard to the level of risks in the workplace, which can be used as a basis for taking the corrective measures necessary for its reduction. The risk assessment at each work place shall be reviewed whenever modifications are made that may alter the levels of the different risk factors that may exist, and the risk map shall be reviewed accordingly.

4.3 An annual prevention plan containing the corrective measures to be addressed during the year will be developed in the light of the needs identified with the risk map. The plan will be submitted to workers ' consultation on the terms set out in the Labor Risk Prevention Act.

5. Training in the field of prevention.

5.1 Of the workers:

Before being assigned to a job, the worker will receive a theoretical and practical training, sufficient and adequate, in preventive matters, updating it once a year if necessary.

Training should be focused specifically on the job or role of each worker, adapting to the evolution of risks and the emergence of new ones and repeating periodically, if necessary.

The required training must be the same as fixed, temporary workers or those made available by a Temporary Work Company or integrated into Contracts, even if in the last two cases, the responsibility the fulfilment of the training obligations shall be borne by the Temporary and Contractor Work Enterprises, respectively.

Only workers who have received sufficient information and training and have demonstrated in an objective manner adequate training may be assigned to special risk jobs.

Training must be provided, wherever possible, within the working day or, failing that, in other hours but with the discount on that time spent on it.

Their cost will not fall on the workers at all.

5.2 Of Prevention Delegates:

The Prevention Delegates will access the training that is necessary for the exercise of their functions.

The training plan of the Prevention Delegates will be agreed within the Committee on Safety and Health, which will provide each year of 16 hours each, to attend courses on the prevention of occupational risks. by public or private bodies competent in this field, and the assistance to them must be credited.

The training will be facilitated by the Businessman by his own means or by concert with specialized agency or entities in the field. This training may also be provided by the Union Federations which are signatories to this Convention, at no cost to the Company.

6. Consultation of workers.

The employer must consult the workers ' representatives, or workers when they do not have representatives, in good time, the adoption of decisions relating to:

(a) The planning and organization of work in the Company and the introduction of new technologies, in everything related to the consequences that these could have for the safety and health of workers, arising from the choice of equipment, the determination and adequacy of working conditions and the impact of environmental factors on work.

(b) The organisation and development of health protection activities and the prevention of occupational risks within the Company, including the appointment of workers in charge of such activities or the use of a external prevention service.

c) The designation of workers in charge of emergency measures.

d) The project and the organization of preventive training.

(e) The procedures for information and documentation referred to in Articles 18 (1) and 23 (1) of the Law on the Prevention of Occupational Risks.

f) Any other action that may have substantial effects on the safety and health of workers.

7. Maternity protection.

Workers in a situation of pregnancy or recent birth will have the right to perform a different job or function and compatible with their state when working conditions, agents or procedures can influence negatively in their health, that of the fetus or breast-feeding. The change of job or function, prior to the certificate of the Medical Services of the National Institute of Social Security or of the Mutuas, with the report of the doctor of the National Health Service who assists the worker it shall, if possible, be carried out in accordance with the rules applied in the case of functional mobility and shall have effect until the health of the worker permits her to be reinstated to the post or function previous.

The risk assessment shall include the suitability of the posts for the pregnant woman, recent birth or in the period of natural lactation.

The pregnant worker shall be entitled to be absent from the job, entitled to remuneration, for the carrying out of prenatal examinations and preparation techniques, prior notice to the employer and justification of the need to be carried out within the working day.

All in the terms set out in Article 26 of the Occupational Risk Prevention Act and other current legislation.

8. Protection of minors.

Before joining the work of young people under the age of eighteen, and in advance of any major change in their working conditions, the employer will have to carry out an assessment of the job to carry out their duties, taking particular account of the specific risks to the safety, health ermine, not being possible to be less than the quarterly, and whenever any of the representations in the same.

Companies with a number of work centres with a Health and Safety Committee may agree with their employees to set up a committee with the tasks assigned to it by the agreement.

The Safety and Health Committee shall monitor specific work accidents and occupational diseases detected in the Company to propose appropriate means for disposal.

As regards the powers and powers of the Committee,ny's Management will submit a copy of the transfer to the Trade Union Representation, if any.

E. Anti-union practices.

When, in the opinion of some of the signatory parties, it was understood that, in accordance with the provisions of Articles 12 and 13 of the Organic Law on Freedom of Association, there are acts that could be described as anti-union. it may seek the protection of the right to the competent jurisdiction, through the process of judicial protection of the fundamental rights of the person.

The canteens, in those companies that are obliged to facilitate such service according to the legal provisions in force, will have to gather sufficient conditions of habitability, sanitation, ventilation, hygiene, as well as to offer sufficient accommodation for workers using such a service on each shift.

Likewise, the Company will provide such service to the material and human resources, as well as the necessary utensils and equipment, for its proper functioning.

Article 69. Workwear.

The companies will provide free compulsory, to the staff who, for their work, need it, of the following working garments:

-Technicians: Two gowns a year.

-Workers ' personnel: Two monkeys or divers a year.

In the industries that manufacture or manipulate acids or other corrosive materials, the appropriate quantity and quality allocation, with which the workers 'representatives are to be provided, will be determined jointly with the workers' representatives. members of the various professional groups, for their best protection, in the face of these agents.

In addition, it will be mandatory for companies to provide waterproof clothing and footwear, to staff who have to carry out continuous work in the open, in frequent rain, and to those who have to act in places notably framed or muddy.

CHAPTER XII

Trade union rights

Article 70. Of the workers ' representatives.

Workers 'representatives shall be understood to be the Company's or Personnel's Delegates' Committees and the Trade Union Trade Union Trade Union Delegates, who shall have the powers, rights and obligations set forth in this Agreement. the same by the Organic Law of Freedom of Association, Workers ' Statute and the Collective Convention itself.

Article 71. Union action.

A. From the Trade Unions.

The parties to the present stipulations once again ratify their status as valid interlocutors, and are also recognized as such, in order to implement through their organizations labor relations. rational, based on mutual respect and aimed at facilitating the resolution of how many conflicts and problems arise from our social dynamics.

Trade unions are basic and consumable elements in order to face through them the necessary relations between the workers and the management of the enterprises. All this without demerit of the privileges conferred by the Law and developed in the present agreements to the Committees of Company and Delegates of staff. The regulatory provisions, clauses of the Collective Agreements, individual covenants and unilateral decisions of the Directorate of the Enterprise containing or involving any form of discrimination in employment shall be null and void. in working conditions are favourable or adverse, by reason of the accession or not to a trade union, to their agreements or to the exercise in general of trade union activities.

B. From union action.

1. Workers affiliated to a trade union may be in the field of the Enterprise or Work Centre:

a) Constituting trade union sections, in accordance with the provisions of the Statutes of the Union.

b) Hold meetings, after notification of the Company's management, collect fees and distribute trade union information, outside of the working hours and without disturbing the normal activity of the Company.

c) Receive the information sent to you by your union.

2. Trade union sections of the most representative trade unions and of those with representation in the Enterprise Committee or with staff delegates shall have the following rights:

(a) In order to facilitate the dissemination of those notices which may be of interest to the members of the trade union and to workers in general, the Company shall make available to it a notice board to be placed in the work centre and where appropriate workers ' access to it is ensured.

b) To collective bargaining in the terms set out in their specific legislation.

c) The use of a suitable premises where they can develop their activities in those enterprises or workplaces with more than 100 workers.

d) To use union hours by the Directorate of the Trade Union Section for the development of their activity, provided that they are transferred to them by Delegates of Personnel or members of the Business Committee, and having in the account is established in Article 73.B. 4 of this Convention.

C. Of the union charges.

1. Those who hold elective office at the provincial, regional or state level in the most representative trade union organizations shall be entitled:

(a) The enjoyment of the unpaid leave necessary for the development of the trade union functions proper to his office, being established by agreement, the necessary limitations to the enjoyment of the same in function of the needs of the production process.

(b) To the compulsory surplus, with the right to reserve the job, and to the calculation of seniority for the duration of the exercise of its representative office, having to return to its job within the month following the date of termination.

c) To the assistance and access to the job centers to participate in activities of their union or of the workers ' group or in meetings of discussion or negotiation with the Management of the Company, prior to communication to the Company's management, duly accredited by its trade union and expressly mandated and without the exercise of this right being able to interrupt the normal development of the production process.

2. Union representatives who participate in the Collective Agreement Negotiating Commission or the Joint Interpretive Commission, maintaining their relationship as an active worker in any company, shall be entitled to the granting of the paid leave that is necessary for the proper exercise of their work, provided that the Company is affected by this Convention.

D. Union quota.

At the request of the unions, the companies will discount on the monthly payroll of the workers with written authorization of these, the amount of the corresponding union fee that will be entered into the current account that designate the union.

The Compand Health.

CHAPTER XI

Care regimen

Article 67. Economate.

The companies affected by this Convention that occupy more than 500 workers in the same locality, will be obliged to maintain a labor economy in accordance with the provisions of the Decree of 21 March 1958, the Order Ministerial meeting of 12 June 1958, which was held by Royal Decree 1.883/1978of 26 July and Royal Decree 762/1979 of 4 April 1979 updating the existing provisions relating to labour costse professional development of the least qualified workers and allow women access to levels of responsibility where they are less represented.

The Company's Management will inform the Workers ' Representatives of the planned annual training plans in relation to the Company's objectives.

On a general basis, the training scheduled by the Company will be carried out in working time. The workers ' representatives may be agreed to carry out training activities outside that time.

2. On 16 April 1997, /p>

They will have priority of staying in the Company or work center, with respect to other workers, in the cases of suspension or extinction due to technological or economic causes.

2. They may not be discriminated against in their economic or professional promotion because of the performance of their representation.

3. They may exercise the freedom of expression within the Company, in the matters of their representation, being able to publish or distribute, without disturbing the normal development of the production process, those publications of work interest or social, communicating all of this in advance to the Company and exercising such tasks in accordance with the regulations in force.

4. They shall have the credit of paid monthly hours that the Act determines.

At the company level and/or at the workplace, the credit of paid hours corresponding to the members of the Business Committees, Staff Delegates and Trade Union Delegates shall be cumulative for annual periods, in one or more of their components, without exceeding the total maximum determined by the Law, after notification to the Directorate of the Company by the Union Federations of the signatories of this Convention, in whose applications they have been submitted or in representation of the which act in a trade union, being able to be relieved or relieved of the work without prejudice to their remuneration.

The management of the trade union hours will be the responsibility of the Federations, upon transfer signed by the individual holders of such rights.

The Union Federations, or on its behalf the corresponding Trade Union Section, will notify the company on a quarterly basis the forecast of the use of these hours by the members of the Committee, Delegates of Personnel, Delegates Union and Prevention Delegates. In any event, the use of accumulated hours must be known before the company.

5. Without exceeding the legal maximum, the paid hours available to the members of the staff committees or delegates may be consumed, in order to provide for the attendance of training courses organised by their trade unions, institutes of training or other Entities.

Article 74. Procedure for the participation of workers ' representatives in the implementation of the Convention.

In the text of the convention and in each of its articles, the intervention to be carried out by the workers ' representatives is indicated.

For the purpose of facilitating the correct application of the Convention, the aspects of this agreement which require the intervention of the Workers ' Representatives are outlined in a schematic form. In addition, in terms of these interventions and their modalities, specifically provided for in each of the articles of the same. In each of these assumptions the Company will deliver previously to the Representatives of the Workers of the precise documentation to address them, working at the end of their discussion the corresponding record.

1. On an annual basis.

a) As a priority in time, once the increment is fixed to apply:

-M.S.B. and distribution thereof. Article 35, I and III.

-Application of each year's wage increases. Article 35, II and III.

-Professional classification. Art. 19 and 20.

b) In the last quarter of the year, unless the Company has agreed another time of year:

-Templates. Article 12 and 25.

-Day Ordination. Art. 42.

-Labor calendar. Art. 42.

-Overtime analysis. Art. 45.

-Annual work risk prevention plan. Art. 65, 4.1.

-Information and monitoring of the economic and industrial situation of the Company. Art.73. A. 1.b).

2. Under the particular circumstances of each case:

-Contracts. Art. 12.

-Implementation of a new system of organization of work. Art. 10.

-Introduction of new technologies. Art. 11.

-System of assessment of the competition-opposition and its concrete application. Art. 24.2 and 73.A. 7.

-Amortization of vacancies. Art. 25.

-Modification of incentive systems. Art. 41.

-Monthly monitoring of overtime. Art. 45.

-Notification of sanctions. Art. 62 and 72.B. 5.a).

-Quarterly economic information and other work information reviewed in Art. 64 of the E.T. and in Convention Art. 72 and 73.

-Environment. Art. 66.4 and 66.7.

-Individual training plans and permissions. Art. 77.

Article 75. Discussion in Intercentres and Industrial Groups.

For issues that affect more than one work center the interlocution of the intercenter Enterprise will be carried out with the intercenters union sections and the intercenters union delegates if any

Article 76. European Trade Union Committees.

The Trade Union and Employers ' Organizations that have signed this Convention, by themselves and through their organizations and/or represented in the corresponding Companies and/or work centers, will urge the creation of the Enterprise Committees When the circumstances provided for in Directive 94 /45/EEC of 22 September 1994, which is incorporated into our legal order by Law 10/97 of 24 April 1997, are given.

CHAPTER XIII

Training

Article 77. Training.

Professional training is a right for all workers.

1. Training in Business: Companies will be able to organise training courses and further training of staff free of charge, with the aim of professional promotion and training. They will also be able to organise specific vocational training programmes for working women and professional retraining for technicians.

It will be set up within the companies of more than 50 workers, where the Legal Representatives of the Workers demand it and with the credit of trade union hours, a Joint Training Commission, whose members shall be appointed by and between the Legal Representatives of the Staff and the Company. This Commission will receive information from the Training Plans prepared in the Company, propose its own initiatives and follow its development and evaluation. It will ensure that specific programmes are promoted to facilitate thnot only that the selection of staff is in line with the agreed rules, but also of the principles of non-discrimination, gender equality and the promotion of a rational employment policy.

B. Guarantees:

1. No member of the Staff Committee or Staff Delegate may be dismissed or punished during the performance of his or her duties or within the year following his or her termination, unless the latter occurs by revocation or resignation, and provided that the dismissal or sanction is based on the action of the worker Joint Committee on Mediation and Arbitration will be set up within the Central Joint Commission, which will assume the specific mediation and arbitration functions contained in the ASAC and will only host the mediation and arbitration demands. the arbitration resulting from the agreement of this Convention and the ASAC. It shall be made up of equal parts by the Trade Union and Business Organisations of this Convention.

The Joint Committee will draw up a list of mediators and arbitrators that will provide the complainants with their servicesry nature. They will award such a rating, STANPA, FITAG-UGT or CC.OO. Industry. The time limit for resolution shall be that laid down by the rules in force for each of the cases in question.

The Joint Commission will proceed to convene interchangeably with any of the parties involved.

Over the course of the three months following the entry into force of this Collective Agreement, and in accordance with the requirements regarding difficulties and schedule of action that the diverse territorial structure of CC.OO. Industry, FITAG-UGT and STANPA shall constitute the decentralised commissions referred to in the preceding article to which the procedure provided for in the preceding paragraphs shall apply in order to operate.

Article 83. Functions.

These are specific functions of the Joint Commission, the following:

1. Interpretation of the Convention.

2. At the request of the parties, it shall mediate, reconcile or arbitrate in the treatment and settlement of any collective questions and conflicts of a collective nature that may arise within the scope of this Collective Agreement, taking into account, in any case, as provided for in the following chapter on competencies and procedures.

The Joint Committee shall only understand the consultations which, on the interpretation of the Convention, are submitted to it through one of the signatory organisations, as well as on the procedures for mediation, conciliation and arbitration.

3. Monitoring the collective compliance of the agreed upon.

4. To intervene, in a prior and mandatory manner, both in the formal approach to the conflict in the field of non-judicial proceedings, and in the administrative and judicial way on the interposition of collective conflicts arising in the undertakings concerned by this Convention, in respect of the application or interpretation thereof.

5. The terms and conditions for the knowledge and resolution of the discrepancies after the end of the period of consultation in the company, in respect of substantial modification of working conditions of this Collective or of application of the same in the cases referred to in Articles 41.6 and 82.3 of the Staff Regulations.

6. Develop the list of mediators and arbitrators to exercise as such in the conflicts that arise in the Perfumery and Aends sector, in accordance with the procedure provided for in the ASAC.

7. The Joint Committee shall be provided with regular reports by the signatory parties to this Convention and those other than those which may accede to it, as follows:

7.1 Analysis of the economic-social situation with specification of the subjects related to employment policy and market, vocational training, investment, technological conversion, global levels of sales and foreign market, level of productivity, competitiveness and profitability of the sector, etc., as well as immediate and medium-term forecasts developed by STANPA on an annual basis.

7.2 Report on the degree of application of the Collective Agreement, difficulties encountered at the company level and proposals to overcome them. It will be prepared by the Trade Union and STANPA at annual intervals.

7.3 Be informed of the work, suggestions and studies carried out by the Safety and Health Committee.

7.4 Analysis of the evolution of employment on a quarterly basis, in the Sector affected by the Convention.

CHAPTER XVI

Voluntary collective conflict solution procedure

Article 84. Territorial and temporal scope.

1. This Agreement shall apply throughout the national territory and its provisions apply to all undertakings and workers bound by this Convention.

2. The pacts referred to in this Chapter shall be valid for the present Convention as a whole. However, the parties to the Agreement undertake to maintain those in the conventions which, if necessary, will take place as long as the Agreement on the Autonomous Solution of Industrial Conflicts (ASAC), signed on 7 February of the year, continues to be in force. 2012, or any of its possible extensions.

Article 85. Object.

1. This agreement regulates the procedures for the solution of collective labour disputes between employers and workers or their respective representative organisations of the Perfumery and Finnish Industry.

2. The following are left out of this agreement:

-Conflicts that are about Social Security.

-The conflicts in which the State, Autonomous Communities, Local Entities or Autonomous Bodies that are dependent on them are party, as referred to in Article 69 of the recast text of the Regulatory Law of the Jurisdiction Social.

Article 86. Labor conflicts.

1. They will be subject to the procedures set out in this chapter, the following types of labour disputes:

(a) The collective conflicts of interpretation and application defined in accordance with Article 153 of the Regulatory Law of Social Jurisdiction.

b) Conflicts caused by discrepancies arising during the negotiation or application of this collective agreement.

c) The conflicts that lead to the call for a strike or to be raised about the determination of the security and maintenance services in the event of a strike.

(d) Conflicts arising from discrepancies arising in the period of consultation required by Articles 40, 41, 47, 51 and 82.3 of the Staff Regulations.

2. This agreement does not include the solution of individual conflicts, unless it affects collective interests.

3. In the event that the request for mediation deals with a conflict other than the interpretation and application of the Convention and shall also affect a single Autonomous Community, the said Joint Committee on Mediation and Arbitration shall derive the of the conflict to the Mediation and Arbitration Bodies of the corresponding Autonomous Community.

4. Any discrepancies which may arise within the Joint Committee in relation to any of the functions assigned to it by this Convention shall be subject, by agreement of the parties involved, to the mediation and Arbitration under the Agreement on the Autonomous Settlement of Labor Conflicts (ASAC) in force at any time.

Article 87. Mediation and arbitration services.

A maximum of six Workers ' Representatives and six Representatives of the Employers who, among them, will elect one or two Secretaries.

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.

Article 81. Structure.

The Joint Commission, which is agreed upon, will be central to the entire country. In accordance with the nature of the cases submitted to it by the Ce the Joint Commission and which will be sent to all companies concerned.

This survey should consist of two bodies, one addressed to the Enterprise Directorate and one to the workers ' representatives.

First transient disposition. Professional groups.

A Working Group will be set up so that within one year of publication in the "Official State Gazette" of this Convention, review the content of the current chapter IV on professional classification and develop a report on the possibilities for upons.

9. The arbitral judgment excludes any other proceedings, a claim for collective conflict or a strike on the matter resolved and on the basis of its effectiveness.

10. The arbitral award may be made only within thirty days of its receipt, as provided for in Article 1. 67.2 of the Regulatory Law of Social Jurisdiction, where the arbitrator or arbitrators have exceeded their powers by resolving matters outside the arbitration undertaking, they have been in breach of the principles to be encouraged by the procedure. arbitration, exceed the time limit set for issuing a resolution or is in contradiction with constitutional or legal rules.

11. The firm award shall have the effect of a final judgment in accordance with the additional seventh provision of the recast text of the Labour Procedure Act.

Article 93. Joint Committee on Mediation and Arbitration.

For the purposes of this Chapter, the Sectoral Joint Committee shall have the powers and powers already mentioned and in particular the following:

a) Approve an Operating Regulation.

b) Set the list of mediators and referees.

c) Encourage the use of these procedures as a means of concertation and a solution to the dialogue of labor disputes.

d) Spread the content of what is here agreed between the Workers and Companies.

e) Analyze the results of these procedures in the light of studies and reports prepared by the Committee Secretariat.

CHAPTER XVII

Inapplication to the business of the working conditions provided for in the collective agreement

Article 94.

The parties to this Convention share the need to provide this instrument with an appropriate instrument to ensure that companies with serious difficulties are not obliged to take on commitments for situations of (a) normality, which could aggravate their situation or prevent them from being exceeded. On the other hand, they also agree with the greatest possible clarity under which conditions and with what effect the application of the Convention could be limited, in order to avoid undesirable effects.

When the economic, technical, organizational or production causes explained in Article 82.3 of the E.T. are met, by agreement between the company and the representatives of the workers entitled to negotiate an agreement collective as provided for in Article 87 (1) of the Treaty, it may, after a period of consultation under the terms of Article 41.4 of the Treaty, be carried out prior to the application of the working conditions laid down in the Convention to the undertaking. collective, and affecting the following subjects:

a) Workday.

b) Schedule and the distribution of the working time.

c) Shift work regime.

d) Pay and salary system.

e) The work and performance system.

(f) Functions, where they exceed the limits for functional mobility provided for in Article 39 of the E.T., as well as Articles 21 and 30 of this Convention.

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

For this purpose, the following procedure is set:

Communicate to the workers ' representatives and the Central Joint Commission their intention to impose certain working conditions, opening the period of consultations, not exceeding 15 days, established in the legislation in force.

The interlocution in the period of consultations shall be with the legal representatives of the Workers or the trade union sections, if any in the company, or in the absence of these, with the commission appointed by the workers in accordance with Article 41.4 of the Workers ' Statute, or a commission of equal number of components designated by the most representative trade unions in the sector.

The Company's Management must provide the Workers ' Representatives with the necessary and sufficient documentation to justify the measure.

The Company will explicitly set out short-and medium-term industrial, commercial, economic and financial forecasts and objectives, as well as the means to achieve such objectives.

When the period of consultations is concluded by agreement, the supporting causes shall be presumed to be present, and may only be challenged before the competent jurisdiction for the existence of fraud, intent, coercion or abuse of rights in its jurisdiction. conclusion. The agreement must be notified to the Joint Commission of the collective agreement.

In case of disagreement during the consultation period, the parties shall submit the discrepancy to the procedures for the autonomous settlement of disputes, as provided for in Chapter XVI of this Convention. In the event of disagreement over the dispute through the mediation procedure, either party may refer to a binding arbitration to the Joint Commission, who shall appoint the arbitrator or arbitrators acting in the proceedings.

Additional disposition first. Agreements or covenants.

In any event, the agreements or agreements established or established between the companies and their respective Committees, Delegates of Personnel or Workers shall be respected in respect of any matter covered by this Convention. under the principle of autonomy and freedom of the parties.

Additional provision second. Interconfederal Agreements.

The undersigned organizations of this Convention assume the commitment to face the negotiations, and seek their integration into the Convention of those stipulations that could be established in agreements. interconfederal during the term of this Convention.

Additional provision third. Retroactive guarantee of wage increases.

The economic increases, fixed for each year, are with retroactive effect to one of January for all workers on the high during the term of the Convention affected by it, and for the entire period in which, every year, have been active in the enterprise, even if the determination of the percentages to be applied is made after the termination of their employment relationship.

Additional provision fourth. Balance of implementation of the agreement.

In the first quarter of the second year of validity of the Convention, the Central Joint Commission will take stock of the implementation of the Convention, through a survey to be carried out byion taken within the time limit laid down in the arbitration undertaking, and shall also notify the Secretariat of the Joint Committee and the Labour Authority thereof. competent. If the parties do not agree to a deadline for the award, the award shall be issued within a maximum of 10 working days following the appointment of the arbitrator or arbitrators. Exceptionally, in the light of the difficulties of the conflict and its importance, the arbitrator may extend that period by means of a reasoned decision and, in any event, the award shall be made before the coudating it, providing, where appropriate, concrete proposals for its elevation to the Negotiating Commission and approval by the Commission, if appropriate. The approved proposal will be forwarded to the Ministry of Employment and Social Security for processing.

Second transient disposition.

A working group is created to analyze certain activities that are consistent with opening your own sales centers.

Likewise, the aforementioned working group will analyze the circumstances, incidents and amplitude of the maximum annual day in the activity of the companies in the sector.

Agreements that could be reached in this group will be raised to the Negotiating Commission for incorporation into the text of the agreement.

Final disposition.

The parties to this Convention acquire a commitment not to open new avenues of collective bargaining at a lower level and to make the necessary efforts to achieve a greater extension of the contract.

In this sense, they will promote by means of agreements of adhesion and articulation, the linkage to the sectoral agreement of the companies with own agreement, particularly where the Company is affiliated to STANPA and are represented the Trade unions which are signatories to this Convention.

ANNEX I

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ANNEX II

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